(a) Building Department. The Building Department shall serve as the department overseeing the Housing and Property Maintenance Code and the executive official in charge thereof shall be known as the Code Enforcement Officer.
(b) Code Enforcement Officer. The Code Enforcement Officer shall be appointed by the chief appointing authority of the jurisdiction.
(c) Duties and Powers of the Code Enforcement Officer.
(1) General. The Code Enforcement Officer is hereby authorized and directed to enforce the provisions of this code. The Code Enforcement Officer 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.
(2) Inspections. The Code Enforcement Officer shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All 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 Code Enforcement Officer is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(3) Identification. The Code Enforcement Officer shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(4) Notices and orders. The Code Enforcement Officer shall issue all necessary notices or orders to ensure compliance with this code.
(5) Department records. The Code Enforcement Officer shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
(6) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Enforcement Officer shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative, provided the Code Enforcement Officer 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 requirements. The details of action granting modifications shall be recorded and entered in the department files.
(d) Alternative Materials, Methods and Equipment. 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. An alternative material or method of construction shall be approved where the Code Enforcement Officer finds 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, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
(1) Required testing. Whenever 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 Code Enforcement Officer shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(2) 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 Code Enforcement Officer shall be permitted to approve appropriate testing procedures performed by an approved agency.
(3) Test reports. Reports of tests shall be retained by the Code Enforcement Officer for the period required for retention of public records.
(4) Used material and equipment. The use of used materials which 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 when necessary, placed in good and proper working condition and approved by the Code Enforcement Officer.
(5) Approved materials and equipment. Materials, equipment and devices approved by the Code Enforcement Officer shall be constructed and installed in accordance with such approval.
(6) Research reports. 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 approved sources.
(Ord. 36-10. Passed 11-8-10.)