Agenda - Council Work Session - 07/10/2012

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Subp. 9. Liability. The building official, member of the Board of Appeals, or employee charged with the enforcement of the code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the code or other pertinent laws or ordinances, is not rendered personally liable and is relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit 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 code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate is not liable for cost in any action, suit, or proceeding that is instituted in pursuance of the code. Subp. 10. Approved materials and equipment. Materials, equipment, and devices approved by the building official shall be constructed and installed in the approved manner Subp. 11. Used material and equipment. The use of used materials that meet the requirements of the code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. Subp. 12. Modifications. If there are practical difficulties involved in carrying out the provisions of the code, the building official may grant modifications for individual cases, upon application by the owner or owner's representative, provided the building official finds that special individual reason makes the strict letter of the code impractical, the modification is in compliance with the intent and purpose of the code, and the modification does not lessen health, life, and fire safety or structural requirements. The details of action granting modifications 7 shall be recorded and entered in the files of the Department of Building Safety. Subp. 13. Alternative materials, design, and methods of construction and equipment. The code is not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the code, provided that any alternative has been approved. An alternative material, design, or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the code, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the code in quality, strength, effectiveness, fire resistance, durability, and safety. The details of any action granting approval of an alternate shall be recorded and entered in the files of the Department of Building Safety. Subp. 14. Performance -based fire and life safety design. The code official may approve performance -based fire and life safety designs if the code official finds that the proposed design has been conducted by an approved method. Approved performance - based designs are evidence of compliance with the intent of the code. Approvals under this subpart are subject to the approval of the building code official whenever the design involves matters regulated by the building code. A. Design goals, objectives, and performance criteria shall be approved by the code official before submission of a performance -based design report, calculations, or analysis results. As a minimum, an approved performance -based design shall address the following objectives: (1) life safety of occupants; (2) firefighter safety; (3) property protection;