Whenever there are practical difficulties involved in carrying
out the provisions of this code, the code official shall have the
authority to grant modifications or exceptions upon application of
the owner or owner's authorized agent, provided that the code
official shall first find that the specific circumstances make the
strict letter of this code impractical, that the modification or exception
is in compliance with the intent and purpose of this code and that
such modification or exception does not lessen health, life and fire
safety requirements. The details of action granting modifications
or exceptions shall be recorded and entered in the department files.
The provisions of this code are not intended to prevent the
installation of any material or to prohibit any design or method of
construction not specifically prescribed by this code, provided that
any such alternative has been approved. An alternative material, design
or method of construction shall be approved where the code official
finds that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material, method
or work offered is, for the purpose intended, not less than the equivalent
of that prescribed in this code in quality, strength, effectiveness,
fire resistance, durability and safety. Where the alternative material,
design or method of construction is not approved, the code official
shall respond in writing, stating the reasons why the alternative
was not approved.
Whenever there is insufficient evidence of compliance with the
provisions of this code or evidence that a material or method does
not conform to the requirements of this code, or in order to substantiate
claims for alternative materials or methods, the code official shall
have the authority to require tests to be made as evidence of compliance
without expense to the City.
A. Test methods. Test methods shall be specified in this code or by
other recognized test standards. In the absence of recognized and
accepted test methods, the code official shall be permitted to approve
appropriate testing procedures performed by an approved agency.
B. Test reports. Reports of tests shall be retained by the code official
for the period required for retention of public records.
Materials that are reused shall comply with the requirements
of this code for new materials. Materials, equipment and devices shall
not be reused unless such elements are in good repair or have been
reconditioned and tested where necessary, placed in good and proper
working conditions and approved by the code official.
Materials, equipment and devices approved by the code official
shall be constructed and installed in accordance with such approval.
Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code,
shall consist of valid research reports from sources approved by the
code official.