A. Authority:
1. Creation Of Enforcement Agency: There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official.
2. Building Official: Whenever the term or title "administrative authority", "responsible official", "building official", "chief inspector", "code enforcement officer", “authority having jurisdiction” or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the building official designated by the appointing authority of this jurisdiction.
3. Fire Official: Whenever the term or title "building official" or other similar designation is used herein, it shall be construed to mean the fire official as applicable in enforcing the administrative code as it pertains to the California fire code.
B. General: The building official is hereby authorized and directed to enforce all of the provisions of this code and to make all inspections pursuant to such enforcement. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations, policies, and procedures in order to clarify the application of its provisions. Such interpretations, rules, and supplemental regulations, policies, and procedures shall be in conformance 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 building official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this code. The building official shall classify every building, or portion thereof, into one of the occupancies set forth in this code according to its use or the character of its occupancy. The building official shall also classify every building into one of the types of construction as set forth in this code.
C. Deputies: The building official may appoint such number of technical officers, inspectors, plans examiners, assistants, and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the building official. The building official may deputize such employees as may be necessary to carry out the functions of the building department.
D. Applications And Permits: The building official shall receive applications, review construction documents and issue permits for the erection, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
E. Notices And Orders: The building official shall issue all necessary notices or orders to ensure compliance with this code.
F. Inspections: The building official shall make all of the required inspections, or the building official shall have the authority to 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 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.
G. Identification: The building official or designee, shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
H. Right Of Entry: Where it is necessary to make an inspection to enforce any of the provisions of, or perform any duty imposed by this code or other applicable law, or where the building official or an authorized representative has reasonable cause to believe that there exists, or may exist, in a structure or upon a premises a condition which is contrary to or in violation of this code or other similar law, which makes the structure or premises noncompliant, unsafe, dangerous or hazardous, the building official or an authorized representative is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code or other applicable law, provided that if such structure or premises be occupied, that 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.
I. Records: 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 in accordance with state laws and the city's guidelines for the retention of public records.
J. Liability: The liability and indemnification of the building official and any subordinates are governed by the provisions of division 3.6 of title 1 of the Government Code.
K. Modifications: Where 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 the owner's authorized agent and payment of a fee, provided that the building official shall first find that a special individual reason makes the strict letter of this code impractical, 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 any action granting modifications shall be recorded and entered in the files. The request for modification shall be submitted using the department's official request form accompanied by a review fee as established by city council resolution.
L. Alternative Materials, Equipment, Design And Methods Of Construction: The provisions of this code are not intended to prevent the installation of any material, appliance or device, or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The building official shall have the authority to approve, upon application of the owner or the owner's authorized agent and payment of a fee, any such alternative, where the building 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. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. 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 approved sources.
The request for use of alternate materials, methods and design shall be submitted using the department's official request form and accompanied by a review fee as established by city council resolution.
M. Tests: Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that any material or any construction does not conform to the requirements of this code, or in order to substantiate claims for alternate materials or methods of construction, the building official may require tests as proof of compliance to be made at the expense of the owner or the owner's agent by an approved agency. The building official may require tests and reports when cause exists to conclude that an electrical, gas or plumbing system, or a portion thereof, may be defective or not working property, which tests and reports shall be at the expense of the owner or the owner's agent. As used herein, "system" means and includes, without limitation, all equipment, devices, fixtures and installations. Failure of an owner to undertake a required test and to provide a report that is satisfactory to the building official constitutes a violation of this code.
Test methods shall be as specified by this code for the material in question. If there are no appropriate test methods specified in this code, the building official shall determine the test procedure.
Reports of such tests shall be retained by the building official in accordance with the city's guidelines for the retention of public records.
The results of the tests shall be submitted to the city accompanied by a review fee as established by city council resolution.
N. Emergency Powers:
1. Where the building official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the building official or his/her designee may exercise any or all of the following powers in accordance with article 8 of this chapter or the housing code.
a. Order the immediate vacation of all persons and prohibit the occupancy, reentry, or use of the premises until the hazard has been fully abated and all repairs and other corrective actions have been completed with all required permits and inspection approvals.
b. Post the premises as unsafe, substandard or dangerous, and regulate or condition entries thereon by all persons until an order to vacate and/or an order to not enter is rescinded in writing.
c. Board, fence or secure the building, or structure, or the premises.
d. Raze and grade any portion of the building, structure, or site that involves the imminent life safety hazard to prevent further collapse in order to protect public health, safety and welfare.
e. Make emergency repairs or undertake other actions as necessary to eliminate, correct, or contain any imminent life safety hazard.
f. Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are, or could possibly be, affected by the hazard, or that could contribute to the hazard, to be disconnected or otherwise rendered inoperative.
g. Take any other action as appropriate under the circumstances.
2. The building official or his designee shall comply with the following provisions when exercising emergency powers:
a. In determining the existence of an imminent life safety hazard, the building official or his/her designee shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard.
b. The building official or his/her designee shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists. If the building official or his designee determines that, under the circumstances, notice cannot first be given or it is impractical to do so because of the nature of the hazard, emergency powers may be exercised without prior notice.
c. The nature and scope of emergency powers to contain, eliminate, or correct the imminent life safety hazard level, or to protect public health, safety and welfare be determined by the building official or his designee.
3. The building official or his designee may, notwithstanding the exercise of any emergency powers, alternatively or concurrently exercise any remedy to address violations of this title.
O. Appeal From The Exercise Of Emergency Powers: An owner or occupant of premises may appeal the building official's exercise of emergency powers in accordance with the procedures set forth in article 8 of this chapter for building or structures governed thereby, or in accordance with the procedures set forth in article 9 of this chapter for buildings, structures or premises governed thereby. A timely appeal shall not stay the effectiveness of an issued order to vacate and/or an order to not enter.
P. Violation: It shall be unlawful and a violation of this article for any person to fail to comply with an order to vacate and/or an order to not enter. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019)