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§ 150.40 INSPECTIONS; REQUIRED, INTERVALS.
   (A)   The building official or a representative of the building and codes department shall inspect or cause to be inspected all construction, installations or work for compliance with the provisions of this chapter.
   (B)   The inspections shall be made at the minimum following specified intervals:
      (1)   Footing, slab, and foundation inspection. This inspection is to be made after trenches are excavated and forms erected and any required reinforcing steel is in place.
      (2)   Concrete slab and under-floor inspection. This inspection shall be made after inslab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
      (3)   Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement or crawl-space, and prior to further vertical construction, the elevation certification shall be submitted to the floodplain manager.
      (4)   Framing inspection. This inspection is to be made after the roof, all framing, fire-blocking, draft-stopping and bracing are in place and all pipes, chimneys and vents are complete.
      (5)   Rough-in inspection. This inspection is to be made before any framing, electrical, gas, heating, air conditioning, plumbing or other work regulated by this chapter is covered or concealed.
      (6)   Other inspections. In addition to inspections required in this section, the building official shall have the authority to make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.
      (7)   Final inspection. This inspection is to be made upon completion of all work and prior to occupancy.
   (C)   Inspections. It shall be the duty of the permit holder to give reasonable advance notice to the department when work is ready for inspection and testing. A log of all requests for inspections shall be kept by the department so that a permanent record can be had of the times and dates when the requests for inspections were made.
(Ord. 822, passed 2-7-22)
§ 150.41 CERTIFICATE OF COMPLETION OR OCCUPANCY.
   (A)   Upon completion of building or installation in accordance with approved plans and after the final inspection herein referred to, the building and codes division shall issue a certificate of completion or occupancy.
      (1)   No new building shall be lawfully occupied and no change in occupancy of a building or part of a building shall be made until after a certificate of occupancy has been issued.
   (B)   The building official may issue a temporary certificate of occupancy, which shall only be valid for the period stated on the certificate, for a specified portion or portions of a building, which may safely be occupied prior to final completion of the entire building and/or site. Any conditions that are attached to the temporary certificate of occupancy must be completed prior to the expiration of the certificate. When such conditions have not been completed prior to the expiration date of the conditional certificate, the certificate of occupancy shall immediately expire. Upon receipt of a written application to the building official stating satisfactory reasons for the failure to complete work within the given time period, the building official may renew the certificate for a specified period of time, not to exceed 90 days.
(Ord. 822, passed 2-7-22)
ADMINISTRATION AND ENFORCEMENT
§ 150.50 BUILDING OFFICIAL.
   The duties of the building official are expanded to include:
   (A)   Administering and enforcing the provisions of this chapter through the building and codes division and its personnel; and
   (B)   Performing any related duties as directed by the planning and development services director.
(Ord. 822, passed 2-7-22)
§ 150.51 POWERS AND AUTHORITY OF BUILDING OFFICIAL AND BUILDING AND CODES DIVISION PERSONNEL.
   In the performance of the duties set forth in § 150.26, the Building Official or an authorized agent or representative of the Building and Codes Division shall have and may exercise the following powers:
   (A)   Issue building permits. This division is charged with the responsibility of issuing building permits in accordance with the provisions of this chapter.
   (B)   Perform inspections. This division shall inspect or cause to be inspected all construction, installation or work for compliance with the provisions of this chapter.
   (C)   Right-of-entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on 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 official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that is such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
   (D)   Issue stop work orders. Upon notice from the building official that work on any building, structure or installation is being done contrary to the provisions of this chapter or in a dangerous or unsafe manner, the work shall be stopped immediately. Stop notices shall be in writing and shall be given to the owner of the property, to the owner's agent or to the person doing the work and shall state the conditions under which work may be resumed. Where an emergency exists, a written notice shall not be required. Any work that continues in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by § 150.99.
   (E)   Approve alternate materials, design, and alternate methods of construction. Alternate materials, design, and methods of construction not specifically prescribed by this chapter must be approved and authorized by the building official. The building official shall approve any such alternative materials, design, or alternate methods of construction, provided they comply with the intent and purpose of this chapter and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed by this chapter in quality, strength, effectiveness, fire-resistance, durability and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim that may be made regarding its use. Where an alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.
   (F)   Records and reports. The Building Official shall maintain comprehensive records of building permit applications, of permits issued, of certificates of occupancy or completion of all inspections made, of reports rendered and of notices or orders issued. Written reports covering the activities of the division shall be submitted at the request of the county manager. All records of the building and codes division shall be open to public inspection for good and sufficient reasons during stated office hours, but shall not be removed from the office without the written consent of the building official or planning and development services director. Records are to be maintained in accordance with county retention policies.
(Ord. 822, passed 2-7-22)
§ 150.52 VARIANCES AND APPEALS; CONDITIONS FOR APPEAL.
   Whenever the building official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used, when it is claimed that the provisions of this chapter do not apply or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of this chapter or any of the regulations thereunder were misconstrued or wrongly interpreted, the owner of the building or structure, or the owner's duly authorized agent, may appeal the decision to the building board of appeals. Notice of appeal shall be in writing and filed within 30 days after the decision is rendered. If an appeal involves the issuance of civil fine pursuant to § 150.99, the building board of appeals may not reduce or waive the fine if the board affirms the building official's determination that the owner or authorized representative violated this chapter.
(Ord. 822, passed 2-7-22)
§ 150.53 APPEALS BOARD.
   (A)   Membership; alternates.
      (1)   The building codes appeals board is established and shall consist of seven members and three alternates. The board shall consist of one architect, one engineer, one contractor and one member each from the building, electrical, gas and plumbing industry. Two alternates shall be selected from the building industry at large and one alternate shall be selected from the general public. All members and alternates shall be residents of the county and shall be appointed by the County Council to serve without compensation. Of the members first appointed, two shall be appointed for two-year terms; two shall be appointed for three-year terms; and three shall be appointed for four-year terms. Of the alternates first appointed, one shall be appointed for a two-year term; one shall be appointed for a three-year term; and one shall be appointed for a four-year term. Vacancies in the membership of the board and in board alternates shall be filled for the unexpired term in the manner in which the original appointment was required to be made.
      (2)   Alternate members of the board may attend all meetings of the board, but shall be permitted to vote only in the absence of a member of the board. Alternates shall be entitled to vote on matters coming before the board on a rotating basis.
      (3)   No member or alternate member shall be appointed to serve more than two full consecutive terms. Previous service for a full term as a member or alternate shall be counted in determining a member's service on the board for purposes of the limitations established by this section, but partial terms of service as a member or alternate member shall not be considered for purposes of the limitation contained in this section. No member or alternate member shall be reappointed to the board after serving two consecutive terms as a member of the board until a minimum of one year has elapsed since the last service of the member or alternate member upon the board.
   (B)   Quorum. Four members of the board shall constitute a quorum. In varying the application of any provision of this chapter or in modifying an order of the Building Official, affirmative votes of the majority present, but not less than three affirmative votes, shall be required. No board member shall act in a case in which the member has a personal interest.
   (C)   Secretary, records. An official from the Planning and Development Services Department, designated by the Building Official or Planning and Development Services Director, shall act as secretary of the Appeals Board and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of a member and any failure of a member to vote.
   (D)   Procedures. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of this chapter. The board shall meet at regular intervals, to be determined by the chairperson, or in any event, the board shall meet within 15 days after notice of appeal is received from the department.
   (E)   Decisions of the appeals board. The appeals board, when so appealed to and after a duly advertised hearing, may vary the application of any provision of this chapter to any particular case when, in its opinion, the enforcement thereof would not do manifest injustice and would not be contrary to the spirit and purpose of this chapter or the public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reversed. A decision of the appeals board to vary the application of any provision of this chapter or to modify an order of the building official shall specify in what manner the variation or modification is made, the conditions upon which it is made and the reasons therefor. Every decision of the appeals board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity. It shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building and codes division and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the appellant. The appeals board shall, in every case, reach a decision, without unreasonable or unnecessary delay. If a decision of the appeals board reverses or modifies a refusal, order or disallowance of the department or varies the application of any provision of this chapter, the department shall immediately take action in accordance with the decision.
(Ord. 822, passed 2-7-22)
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