(A) Establishment. The office of Building Official is hereby established as an appointive office within the city. The office of the Building Official shall be appointed, as set forth herein, upon when the position is duly provided for in the annual budget approved by the City Council. In the absence of an employed Building Official, the Building Official shall be a person, or persons, hired under contract to perform the duties set forth herein, according to the terms, and conditions, of the contract which must be approved by the City Council.
(B) Appointment and removal. As provided by A.C. §§ 14-56-202, when applicable, and 14-42-110, the Building Official shall be appointed, and may be removed, by the Mayor, unless the City Council shall, by a two-thirds majority vote of the total membership of the Council, vote to override the Mayor’s action. It shall not be necessary, however, for the Council to vote to approve the Mayor’s decision. If the Building Official is not duly provided for in the annual budget approved by the City Council, the Building Officials shall be a person, or persons, hired under contract, as provided in division (A) above.
(C) Absence or disability. During temporary absence, or disability, of the Building Official, the Mayor shall designate an acting Building Official. In the absence of an employed Building Official, the persons hired under contract to perform the duties set forth herein shall professionally communicate with each other and the city regarding scheduling of services, scheduling conflicts, information that will assist the other contractor in coverage, and completion of covered inspections during an absence, and provide as much advanced notification to ensure coverage by contracted inspectors, and to enable the Mayor to designate an acting Building Official in the rare occasion that the contractor, or contractors, are unavailable to provide coverage.
(D) Qualifications. The Building Official shall be physically capable of making the necessary examinations and inspections. He or she shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process, or device entering into, or used in or connected with, building construction, alterations, removal, and demolition. Further, the Building Official shall have the following certifications:
(1) State HVAC Inspector certification by State Department of Health;
(2) State Plumbing Inspector certification by State Department of Health; and
(3) State Board of Electrical Examiners certification as Electrical Inspector.
(E) Duties. The Building Official shall:
(1) Receive applications required by applicable codes, issue permits, and furnish the prescribed certificates;
(2) Examine the 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; and
(3) Enforce all provisions of the building codes. When requested by proper authority, or when the public interest so requires, the Building Official shall make investigations in connection with matters referred to in the building codes and render written reports on the same. The Building Official shall issue such notices, or orders, as may be necessary 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.
(F) Inspections. Inspections required under the provisions of the building codes shall be made by the Building Official, or his or her duly appointed assistant. The Building Official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. 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 officer of such service.
(G) Records. The Building Official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made or reports rendered, and of notices or orders issued. All such records shall be open to public inspection and copying at the stated office hours in compliance with the State Freedom of Information Act, but shall not be removed from the office of the Building Official without his or her written consent.
(H) Reports. The Building Official shall make written reports to his or her immediate superior once each month, or more often, if requested, including statements of permits and certificates issued and orders promulgated.
(I) Liability. It is the intent of the City Council that the Building Official, and any employees or agents assisting in the functions of the Building Official, shall enjoy the protections of statutory immunity from suit, qualified immunity, good faith immunity, and all other legal protections and immunities allowed by law in the performance of his or her official duties. Therefore, nothing contained within this section shall be deemed to waive any immunity or defense to suit to which the Building Official, agents, or employees engaged in such functions may be entitled by law.
(1) In addition, nothing contained in this section shall be deemed to create any cause of action whatsoever against the Building Official or the aforementioned agents or employees. Any suit brought against any such person shall be defended by the City Attorney or legal representative of the city.
(2) The provisions of this section shall apply with equal force to the members of any construction board of adjustment or appeals, or similar body, which may now exist or may be hereafter created within the city.
(J) Right of entry. The Building Official, in the discharge of his or her official duties, and upon proper identification, shall have authority to enter any building, structure, or premises after obtaining a proper warrant, or may enter without a warrant in such cases in which warrantless entry is authorized by law. The Building Official is charged with the responsibility to learn the requirements of the law with respect to entry into buildings and onto private property and shall, when feasible, seek the advice of the City Attorney in connection with any such entry or administrative search.
(K) Emergency clause. It is of the utmost urgency that the city has the ability to enforce applicable building codes to protect the property and lives of the citizens of the city; therefore, an emergency is hereby declared to exist, and this section, being necessary for the immediate protection of the public peace, health, and safety, took effect immediately on its passage and approval on August 9, 2017.
(Ord. 2017-32, passed 8-9-2017)