§ 10-3. Powers and duties of the building official.

(a)

Enforcement; interpretation. The building official is hereby authorized and directed to enforce the provisions of the technical codes. The building official is further authorized to render interpretations of the technical codes which are consistent with their intent and purpose.

(b)

Right of entry.

(1)

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by the technical codes, provided that if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.

(2)

When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this chapter.

(c)

Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the technical codes, or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work, but a written order will follow.

(d)

Revocation of permits.

(1)

Misrepresentation of application. The building official may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

(2)

Violation of provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter or the technical codes.

(e)

Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, do not provide adequate egress, constitute a fire hazard, are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the International Property Maintenance Code.

(f)

Requirements not covered by codes. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this chapter or the technical codes, shall be determined by the construction board of adjustment and appeals.

(g)

Alternate materials and methods. The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the building official. The building official shall approve any such alternate, provided the building official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the technical codes 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 made regarding the alternate.

(Code 1998, § 17-108; Ord. of 12-9-1999, § 17-108)