(A) The office of Code Official is hereby created and the Director of Department of Planning and Development shall be known as “Code Official”.
(B) The Code Official shall be appointed by the Mayor with the approval of City Council. The appointment shall continue during good behavior and satisfactory service. He or she shall not be removed from office, except for cause after full opportunity has been given to be heard on specific charges. During temporary absence or disability of the Code Official, the appointing authority shall designate an Acting Code Official.
(C) To be eligible to appointment, the candidate for the position shall have had experience as an architect, structural engineer, building inspector or superintendent of building construction. He or she shall be in good health, 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 in connection with building construction, alterations, removal and demolition.
(D) (1) The Code Official or his or her personnel and/or department shall devote the necessary time to perform duty of the office. The Code Official shall 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. The Code Official shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the Code and render written reports on the same and shall issue such notices or orders as may be necessary 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.
(2) Inspections required under the provisions of the Building Code shall be made by the Code Official or his or her duly appointed assistant. The Code 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 Code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.
(3) All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the Code Official without his or her written consent.
(4) The Code 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.
(E) The Code Official or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of his or her duties, shall not thereby render himself or herself liable personally and he/she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Code Official or employee, because of such act or omission performed by him or her in the enforcement of any provisions of this chapter, shall be defended by the legal department of the city until final termination of the proceedings.
(F) The Code Official may request and shall receive so far as may be necessary, in the discharge of his or her duties, the assistance and cooperation of other officials of the municipality.
(G) The Code Official, or other authorized officer in the discharge of his or her official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.
(H) The Code Official shall be compensated in the amount as established by the City Council from time to time by ordinance.
(I) No person shall be appointed or act as the Code Official unless such person has taken the oath required by § 228 of the Constitution of the commonwealth and has provided bond, if required, with corporate surety authorized to transact business in the commonwealth and conditioned upon the performance of the duties specified herein.
(Prior Code, § 150.15) (Ord. passed 12-7-1970; Ord. passed 4-3-1972)