§ 156.28 ENFORCEMENT AND ORDERS; CODE OFFICIAL.
   (A)   Code Official. The Code Official, his or her deputy or designees, shall enforce all the provisions of this chapter and take all such actions necessary to enforce compliance therewith. Also, all sworn police officers of the town shall enforce or assist in the enforcement of this chapter when requested by any Code Official.
   (B)   Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this chapter.
   (C)   Right of entry. The Code Official is authorized to enter every structure or premises at reasonable times to conduct inspection of the structure or premises, subject to the following:
      (1)   Residential structure. The Code Official shall notify the owner or occupant of a residential structure of said inspection and if entry is not permitted by the owner or occupant the Code Official shall apply for and receive an inspection warrant prior to entry of the residential structure.
      (2)   Non-residential structure. The Code Official is authorized to enter every non-residential structure or premises at reasonable times to conduct inspections of the structure or premises.
      (3)   Emergency inspection. The Code Official shall have the right to enter any premises or structure upon a determination that an emergency exists that would be or is an immediate threat to the public health, safety or welfare.
   (D)   Identification. The Code Official shall carry proper photo identification when inspecting structures or premises in the performance of duties under this chapter.
   (E)   Coordination of enforcement. Inspection of premises, the issuance of notices and orders and enforcement of such notices and orders shall be the responsibility of the Code Official. Whenever inspections are necessary by any other department, the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency order.
   (F)   Rule-making authority. The Code Official shall have power as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this chapter to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. However, such rules shall not have the effect of waiving any structural, building or fire performance requirements specifically provided for in this chapter or be in derogation of accepted engineering practices involving public safety.
   (G)   Organization. The Code Official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this chapter and as authorized by the appointing authority. The Code Official is authorized to designate an employee as a deputy who shall exercise all the powers of this chapter during the temporary absence or disability of the Code Official.
   (H)   Restriction of employees. An official or employee connected with the enforcement of this chapter, except one whose only connection is being a member of the Board of Appeals established under the provisions of this chapter, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents of such building, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
   (I)   Records. An official record shall be kept of all notices, orders issued, inspections conducted, regulations approved and the business activities of the Code Official specified in the provisions of this chapter and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.
(Ord. 2002-15, passed 10-14-02)