Building official
as used herein means the building official or his designee as that term is used in the 2009 edition of the International Building Code and the 2009 edition of the International Residential Building Code, and shall also include the term “code official” as that term is used in the 2009 edition of the International Mechanical Code, the 2009 edition of the International Plumbing Code, the 2009 edition of the International Fuel Gas Code, the 2009 edition of the International Energy Conservation Code, the 2009 edition of the International Energy Conservation Code, and the 2008 edition of the National Electrical Code.
Technical codes
means the following technical codes of regulations relating to building and construction, as adopted by the city:
2008 National Electrical Code
2009 International Plumbing Code
2009 International Building Code
2009 International Mechanical Code
2009 International Fuel Gas Code
2009 International Energy Conservation Code
2009 International Residential Code
(Ordinance 0130, art. I, sec. 1, adopted 4/8/14)
(a) 
The duties and powers of the building official shall be as provided in the technical codes, are hereby adopted, and as amended below.
(b) 
The building official shall have the power to render interpretations of the technical codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of the technical codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the technical codes.
(c) 
Wherever there are practical difficulties involved in carrying out the provisions of the technical codes, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code, and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the public works department.
(d) 
The building official shall report directly to his/her designated supervisor of the city’s public works department.
(Ordinance 0130, sec. 1, adopted 10/12/04; Ordinance 0130, art. I, sec. 2, adopted 4/8/14)
(a) 
The building official will monitor and enforce all codes and ordinances pertaining to building activities and grading, as such are adopted by the city, all zoning ordinances, and all amendments to such codes and zoning ordinances. Additionally, he/she shall enforce the city’s subdivision ordinance and all amendments thereto.
(b) 
The building official will be responsible for inspection of subdivision developments and have on-site enforcement authority pertaining to improvements, grading, infrastructure, development or repair of roadways, public rights-of-way, drainage, traffic control, and overview of utilities.
(Ordinance 0130, sec. 2, adopted 10/12/04; Ordinance 0130, art. I, sec. 3, adopted 4/8/14)
(a) 
The building official shall issue all necessary notices or orders to ensure compliance with the technical codes and other ordinances enforced by the building official. The building official shall have the power to order all work stopped on construction, alteration, or repair of any structure or grading project in the city or its extraterritorial jurisdiction, as permitted by the laws of the state, when such work is being performed in a dangerous or unsafe manner, in violation of any ordinance relating thereto, or in violation of any zoning ordinance, subdivision ordinance, or any violation of on-site construction and subdivision debris requirements. The building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work immediately until authorized by the building official to proceed with the work.
(b) 
Where an emergency exists in the enforcement of the technical codes, the building official shall not be required to give a written notice prior to stopping the work, but shall give personal notice at the location to any person performing work or a person who appears to be in charge of the work. The building official shall document the giving of a personal notice under this section in the records of the public works department relating to the permit or project.
(c) 
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ordinance 0130, sec. 3, adopted 10/12/04; Ordinance 0130, art. I, sec. 4, adopted 4/8/14; Ordinance adopting Code)
When it is necessary to make an inspection to enforce the provisions of the ordinances enforced by the building official, or when the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of the technical codes or other ordinances enforced by the building official that makes the structure or premises unsafe, dangerous or hazardous, the building official may enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the technical codes or other ordinances enforced by the building official, provided that, if such structure or premises is occupied, credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is denied or if a person in control of the premises cannot be located, the building official shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure.
(Ordinance 0130, sec. 4, adopted 10/12/04; Ordinance 0130, art. I, sec. 5, adopted 4/8/14)
(a) 
The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code and other pertinent laws or ordinances.
(b) 
The building official, officer or employee charged with the enforcement of the technical codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this division or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this division shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this division.
(Ordinance 0130, sec. 5, adopted 10/12/04; Ordinance 0130, art. I, sec. 6, adopted 4/8/14)