(A) General. The Building Commissioner is hereby authorized and directed to enforce the provisions of this code. The Building Commissioner shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance 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.
(B) Applications and permits. The Building Commissioner shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
(C) Notices and orders. The Building Commissioner shall issue notices or orders to ensure compliance with this code.
(D) Inspections. The Building Commissioner shall make the required inspections, or the Building Commissioner 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 Commissioner is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the Board of Public Works and Safety.
(E) Identification. The Building Commissioner shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(F) Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Commissioner has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the Building Commissioner or designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises is occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Commissioner shall first make a reasonable effort to locate the owner, the owner's authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Commissioner shall have recourse to the remedies provided by law to secure entry.
(G) Department records. The Building Commissioner 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 for the period required for the retention of public records.
(H) Liability. The Building Commissioner, member of the Board of Public Works and Safety or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
(I) Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The Building Commissioner or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
(J) Approved materials and equipment. Materials, equipment and devices approved by the Building Commissioner shall be constructed and installed in accordance with such approval. Used materials, equipment and devices shall not be reused unless approved by the Building Commissioner.
(K) Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the Building Commissioner shall have the authority to grant modifications for individual cases, provided the Building Commissioner shall first find that special individual reason makes the strict letter of this code impractical and 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 or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Building Services.
(L) Alternative materials, design and method of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code. The Building Commissioner shall have the authority to approve an alternative material, design or method of construction upon application of the owner or the owner's authorized agent. The Building Commissioner shall first find 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. Compliance with the specific performance-based provisions of the international, state and local codes shall be an alternative to the specific requirements of this code. Where the alternative material, design or method of construction is not approved, the Building Commissioner shall respond in writing, stating the reasons why the alternative was not approved.
(M) Tests. Where 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, the Building Commissioner shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. 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 Building Commissioner shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Commissioner for the period required for retention of public records. Any variances from adopted building rules are subject to approval under I.C. 22-13-2-7(b).
(Ord. 15, 2020, passed 12-7-2020)