Section R104 — DUTIES AND POWERS OF THE BUILDING OFFICIAL

The building official is hereby authorized and directed to enforce the provisions of this code.

The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of this code’s provisions. Such interpretations, policies and procedures:

1. Shall be in compliance with the intent and purpose of this code.
2. Shall not have the effect of waiving requirements specifically provided for in this code.

R104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building official.

R104.2.2 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 specifically prescribed by this code, provided that any such alternative has been approved.

R104.2.2.1 Approval authority. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative is satisfactory and complies with Sections R104.2.2 through R104.2.2.6.2, as applicable.

R104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons the alternative was not approved.

R104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code.

R104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all the following, as applicable:

1. Quality.

2. Strength.

3. Effectiveness.

4. Durability.

5. Safety, other than fire safety.

6. Fire safety.

R104.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Such tests shall be performed by a party acceptable to the building official.

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DIVISION II SCOPE AND ADMINISTRATION

R104.2.2.6 Reports. Supporting documentation, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections R104.2.2.6.1 and R104.2.2.6.2.

R104.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the building official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the building official.

R104.2.2.6.2 Other reports. Reports not complying with Section R104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

R104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that one or more special individual reasons make the strict letter of this code impractical, and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety.

R104.2.3.1 Flood hazard areas. The building official shall not grant modifications to any provisions required in flood hazard areas as established by Table R301.2 unless a determination has been made that:

1. There is good and sufficient cause showing that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section R306 inappropriate.
2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
3. The granting of modification will not result in increased flood heights, additional threats to public safety or extraordinary public expense; cause fraud on or victimization of the public; or conflict with existing laws or ordinances.
4. The modification is the minimum necessary to afford relief, considering the flood hazard.
5. Written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property, has been submitted to the applicant.

The building official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

R104.3.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or repair of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R306.

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 any 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 all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the building official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner’s authorized agent, 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 every remedy provided by law to secure entry.

R104.4.1 Warrant. Where the building code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the building code official for the purposes of inspection and examination pursuant to this code.

The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

The building official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section R113.2.

The building official shall keep official records as required in Sections R104.7.1 through R104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations.

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DIVISION II SCOPE AND ADMINISTRATION

R104.7.1 Approvals. A record of approvals shall be maintained by the building official and shall be available for public inspection during business hours in accordance with applicable laws.

R104.7.2 Inspections. The code official shall have the authority to conduct inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

R104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section R104.2.2; modifications in accordance with Section R104.2.3; and documentation of the final decision of the building official for either shall be in writing and shall be retained in the official records.

R104.7.4 Tests. The building official shall keep a record of tests conducted to comply with Section R104.2.2.5.

R104.7.5 Fees. The building official shall keep a record of fees collected and refunded in accordance with Section R108.

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 personally liable, either civilly or criminally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties.

R104.8.1 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 or other laws or ordinances implemented through the enforcement of this code shall be 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.

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

R104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved.