The code official is hereby authorized and
directed to enforce the provisions of this code. The code
official shall have the authority to render interpretations
of this code and to adopt policies and procedures in order to clarify
the application of its provisions. Such interpretations, policies
and procedures shall be in compliance with the intent and purpose
of this code. Such policies and procedures shall not have the effect
of waiving requirements specifically provided for in this code.
The code official shall make all of the required
inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in
writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion
as deemed necessary to report on unusual technical issues that arise,
subject to the approval of the appointing authority.
Where it is necessary to make an inspection to enforce the provisions
of this code, or whenever the code official has reasonable
cause to believe that there exists in a structure or upon a premises a condition in violation of
this code, the code official is authorized to enter
the structure or premises at reasonable
times to inspect or perform the duties imposed by this code, provided
that if such structure or premises is occupied the code official shall present credentials
to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate
the owner, owner's authorized
agent or other person having charge or control of the structure or premises and request entry. If entry is refused,
the code official shall have recourse to the remedies
provided by law to secure entry.
The code official shall carry proper identification
when inspecting structures or premises in the performance of duties under this code.
The code official shall issue all necessary
notices or orders to ensure compliance with this code.
The code official shall keep official records
of all business and activities of the department specified in the
provisions of this code. Such records shall be retained in the official
records for the period required for retention of public records.
The code official, member of the board of appeals
or employee charged with the enforcement of this code, while acting
for the jurisdiction, in good faith and without malice in the discharge
of the duties required by this code or other pertinent law or ordinance,
shall not thereby be rendered civilly or criminally liable personally,
and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act or by reason
of an act or omission in the discharge of official duties.
105.7.1 Legal defense. Any suit or criminal complaint instituted
against any 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 code shall be defended by the legal representative
of the jurisdiction until the final termination of the proceedings.
The code official or any subordinate shall not be
liable for costs in an action, suit or proceeding that is instituted
in pursuance of the provisions of this code.
A code official, deputy code official, inspector, permit technician, or other employees connected with
the administration and enforcement of this code shall not be engaged
in, or be directly or indirectly connected with, the furnishing of
labor, materials, or appliances for the construction, alteration,
or maintenance of a building, or the preparation of construction documents
thereof, unless that person is the owner of the building; nor shall
such officer or employee engage in any work that conflicts with official
duties or with the interests of the Department of Buildings &
Code Compliance.