(a) The building official, member of the board of appeals, 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 civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as the result of any act or by reason of an act or omission in the discharge of official duties.
(b) This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any equipment regulated herein for any damages to persons or properties caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
(c) 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 afforded all the protection provided by the city’s insurance pool and any immunities and defenses provided by other applicable state and federal law and defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official 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.
(1992 Code, § 15-8) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)