(A) Whenever, in this subchapter, it is provided that an activity must be accomplished subject to the approval of, or at the direction of the Department or the Building Commissioner, the Building Code shall be construed to grant only that discretion which is necessary to determine whether provisions of this subchapter have been fulfilled.
(B) The discretionary authority provided in this subchapter shall be used as follows.
(1) The discretionary authority shall be utilized to determine compliance with this subchapter.
(2) The discretionary authority shall not be utilized in an arbitrary, capricious or discriminatory manner.
(3) The discretionary authority shall not be utilized to impose greater restrictions than are required by this subchapter.
(Ord. 2017-6, passed 9-5-2017)