Whenever there are practical difficulties involved in carrying out the provisions of this code, the Chief Code Official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s authorized agent, provided the Chief Code Official shall first find that the 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, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the division files.
The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, provided that any such alternative has been approved by the Chief Code Official. An alternative material or method of construction shall be approved where the Chief Code Official finds such material or method is satisfactory and complies with the intent of the provisions of this Code, is for the purpose intended, and, if applicable, is at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.
When, upon the determination of the Chief Code Official, there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, upon approval of the City Manager, the Chief Code Official shall have the authority to require tests as evidence of compliance to be made at no expense to the City of Fairborn.
Test Methods.
Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Chief Code Official shall approve the testing procedure s and any entity proposed to conduct the test.
Test Reports.
Reports of tests shall be retained by the Chief Code Official for at least the period required for retention of applicable public records.
The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the Chief Code Official.
Materials, equipment and devices approved by the Chief Code Official shall be constructed and installed in accordance with such approval.
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 an approved source. (Ord. 21-15. Passed 6-15-15.)