Article 16 — Building and Property Maintenance Regulations, Chapter 16-5 — THE BUILDING OFFICIAL

The Building Official shall receive applications, review construction documents and issue permits for the erection and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Article and the codes adopted in this Article.

The Building Official shall issue all necessary notices or orders to ensure compliance with this Article and the codes adopted in this Article.

Inspections required under the provisions of the building code shall be made by the Building Official or his duly appointed assistant. The Building Official may accept reports of inspectors and recognized inspection services after investigation of their qualifications and reliability. Any such reports of inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible inspector or such service.

The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises were 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 refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

The Building Official shall devote his whole time to the duties of this office. He shall receive applications required by this code, issue permits, and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the building code and other codes adopted in this Article. He shall, when required by the proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.

The City Building Official is authorized to do any act or take any action, which is authorized by the State Construction Industry Licensing Board Act.

The Building Official may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the City.

The Building Official shall be appointed by the City Manager.

The department of building safety is hereby created and the official in charge thereof shall be known as the Building Official.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the City Manager, the Building Official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the International Property Maintenance Code.

Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. The use of used materials, which meet the requirements of this code for new materials, is permitted. Used equipment and devices shall not be reused unless approved by the Building Official.

Wherever there are practical difficulties involved in carrying out the provisions of this code, 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 department of building safety.

The provisions of this Article and the codes adopted in this Article are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this Article or a code adopted here under, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Article and the intent of the applicable code adopted by this Article, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

Whenever there is insufficient evidence of compliance with the provisions of this Article, or evidence that a material or method does not conform to the requirements of this Article or the codes adopted here under, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this Article or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. The Building Official shall retain reports of such tests for the period required for retention of public records.