Agenda - Council - 06/22/2021 - Laserfiche WebLink

Home

101073519 SCOPE AND ADMINISTRATION [A] 105.6 Department records. The code official shall keep official records of all business and activities of the depart- ment specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. [A] 105.7 Liability. The code 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 rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. [A] 105.7.1 Legal defense. Any suit or criminal complaint instituted against any 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 defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. SECTION 106 APPROVAL [A] 106.1 Modifications. Whenever there are practical diffi- culties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifica- tions for individual cases upon application of the owner or owner's authorized agent, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compli- ance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. [A] 106.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifi- cally prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative mate- rial, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved. [A] 106.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance without expense to the jurisdiction. [A] 106.3.1 Test methods. Test methods shall be as spec- ified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. [A] 106.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 106.4 Used material and equipment. Materials that are reused shall comply with the requirements of this code for new materials. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. [A] 106.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 106.6 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 107 MEANS OF APPEAL 107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official rela- tive to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. [A] 107.2 Limitations of authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incor- rectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. 107.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. 107.4 Administration. The code official shall take immedi- ate action in accordance with the decision of the board. SECTION 108 BOARD OF APPEALS [A] 108.1 Membership of board. The board of appeals shall consist of not less than three members who are qualified by 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE° INTERNATIONAL CODE COUNCIL 1-3 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Jesse Szykulski (jszykulski@cityoframsey.com), (City of Minnetrista) Order Number #101073519 on Apr 19, 2021 12:45 PM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.