A. General: The building official shall have the following duties and powers:
1. Maintain public office hours necessary to efficiently administer the provisions of this title.
2. Enforce the provisions of this title, including the technical codes.
3. Prepare, sign and serve misdemeanor citations on persons accused of violating this title in accordance with the authorities granted under Nevada Revised Statutes 171.17751.
4. Render opinions concerning the interpretation and application of specific requirements contained in this title, including the technical codes; provided, in no event shall opinions expressed by the building official be binding on the City.
5. Review and comment on proposed projects and associated documents (to include plans, specifications, drawings and calculations) and provide general information about this Code, including the technical codes, for the purpose of facilitating compliance; provided, in no event shall the building official's opinions about proposed projects or associated documents be binding on the City, nor shall such opinions provide a basis for deviating from all applicable requirements of this title, including requirements set forth in the technical codes.
6. Examine submittal documents to determine whether they have the appropriate official stamps, seals, signatures and/or dates affixed thereto. In performing this examination, the building official may express an opinion as to whether submittal documents subject to the owner/builder or contractor exemption are properly attested to on the drawings and in the permit application.
7. Notify appropriate State boards, commissions, agencies and other authorities of suspected improper or illegal conduct by any person engaged in an activity regulated by this title, to include any registered or licensed professional, or other person performing professional services.
8. Notify licensing authorities of suspected professional incompetence, to include indications of professional incompetence due to excessive errors in submittal documents or incomplete, inaccurate or otherwise defective plans which have been rejected by the City at least three (3) times.
9. Issue permits pursuant to this title for construction and other work following approval of the submittal documents. The issuance of a permit shall not prevent the building official from requiring the correction of errors in the submittal documents.
10. Collect all applicable fees required by the City and issue receipts for the payment thereof in duplicate; provided, the duplicate copy of the receipt shall be retained by the City as a public record in accordance with Nevada law.
11. Transfer all fees collected to the proper department, agency or authority as required by law.
12. Conduct, require or direct any inspections provided for in this title.
13. Issue notices of violation and/or order the correction of work performed contrary to this Code, to include work performed without a valid permit.
14. Issue appropriate orders directing the stoppage of work being performed in violation of this Code.
15. Issue permanent Certificates of Occupancy for buildings or structures (including new or remodeled buildings or structures, additions and existing buildings or structures that have changed occupancy classification) which have been inspected and found to be in compliance with this Code and all conditions required by the City.
16. Order any person to cease and desist the use or occupancy of any building or structure that is being used contrary to the provisions of this Code, or which creates or constitutes an unsafe condition.
17. Initiate abatement proceedings to cause unsafe conditions to be mitigated or remediated, to include causing unsafe buildings and structures to be repaired, rehabilitated, demolished or otherwise removed in accordance with the City of Elko Nuisance Code.
18. Retain official records of documents received pursuant to this title in accordance with the Nevada Public Records Act, to include applications, plans, submittal documents, permits, certificates, fees, receipts, reports of inspections, notices and orders.
19. Delegate duties to other City employees within the City of Elko Building Department.
B. Approved Materials And Equipment: Materials, equipment and devices approved in a permit shall be utilized and installed in accordance with such permit.
C. Used Materials, Equipment And Devices: Used materials may be used in place of new materials if the used materials satisfy the requirements of the technical codes. Used equipment or devices which have been affixed to buildings or structures shall not be reused unless approved by the building official.
D. Waivers: Any applicant for a permit or approval under this title may obtain a waiver from the City Council, with or without conditions, from any requirement contained in the technical codes by demonstrating to the City Council: 1) that compliance is physically impractical or impossible under circumstances unique to that building, structure or property; 2) that by granting the waiver, the intent and purpose of the requirement to be waived will nonetheless be fulfilled; and 3) that the waiver will not adversely affect the health or safety of the public or persons entering upon or occupying the building, structure or property. Any request for a waiver pursuant to this paragraph shall be in writing and signed by the owner of the building, structure or property affected. Any waiver granted by the City Council pursuant to this paragraph shall be in writing and placed in the official records of the City, and shall state any conditions upon which the waiver is granted, together with a deadline for satisfaction of each condition. The failure of the applicant to satisfy the conditions stated in the waiver by the indicated deadline(s) shall result in the automatic revocation of the waiver, together with any previously-issued permit or other approval dependent upon the waiver. Under no circumstances shall the building official waive any requirement contained in this title unless expressly authorized by this Code.
E. Alternative Materials, Designs, Methods Of Construction And Equipment: An applicant for a permit or other approval under this title may use a material, design, method of construction or piece of equipment not specifically allowed under this title, provided any such alternative shall first be approved by the building official and, further provided, the building official shall only approve the use of an alternative material, design or method of construction upon a determination that the proposed alternative fulfills the purpose of the applicable provision(s) of this Code, is consistent with industry standards, and is at least equivalent in quality, strength, effectiveness, fire resistance, durability and safety to the corresponding requirement of this title. In evaluating a request from a person seeking the building official's approval for an alternative material, design, method of construction or piece of equipment, the building official may consider research reports and tests.
F. Quality Of Design, Construction And Workmanship: The quality of the design, construction and workmanship of any work or other matter subject to regulation by this title shall conform to industry standards and shall meet or exceed the requirements of this title. (Ord. 820, 7-11-2017)