Page 16 - 2018_IFGC
P. 16
SCOPE AND ADMINISTRATION
PART 2—ADMINISTRATION AND ENFORCEMENT The code official is authorized to engage such expert opinion
as deemed necessary to report on unusual technical issues
that arise, subject to the approval of the appointing authority.
SECTION 103 (IFGC) [A] 104.4 Right of entry. Where it is necessary to make an
DEPARTMENT OF INSPECTION inspection to enforce the provisions of this code, or where the
[A] 103.1 General. The Department of Inspection is hereby code official has reasonable cause to believe that there exists
created and the executive official in charge thereof shall be in a building or on any premises any conditions or violations
known as the code official. of this code that make the building or premises unsafe, dan-
[A] 103.2 Appointment. The code official shall be appointed gerous or hazardous, the code official shall have the authority
by the chief appointing authority of the jurisdiction. to enter the building or premises at all reasonable times to
inspect or to perform the duties imposed upon the code offi-
[A] 103.3 Deputies. In accordance with the prescribed proce- cial by this code. If such building or premises is occupied, the
dures of this jurisdiction and with the concurrence of the code official shall present credentials to the occupant and
appointing authority, the code official shall have the authority request entry. If such building or premises is unoccupied, the
to appoint a deputy code official, other related technical offi- code official shall first make a reasonable effort to locate the
cers, inspectors and other employees. Such employees shall owner, the owner’s authorized agent or other person having
have powers as delegated by the code official.
charge or control of the building or premises and request
[A] 103.4 Liability. The code official, member of the board entry. If entry is refused, the code official has recourse to
of appeals or employee charged with the enforcement of this every remedy provided by law to secure entry.
code, while acting for the jurisdiction in good faith and with- Where the code official has first obtained a proper inspec-
out malice in the discharge of the duties required by this code tion warrant or other remedy provided by law to secure entry,
or other pertinent law or ordinance, shall not thereby be ren- an owner, the owner’s authorized agent, occupant or person
dered civilly or criminally liable personally, and is hereby having charge, care or control of the building or premises
relieved from all personal liability for any damage accruing shall not fail or neglect, after proper request is made as herein
to persons or property as a result of an act or by reason of an provided, to promptly permit entry therein by the code offi-
act or omission in the discharge of official duties.
cial for the purpose of inspection and examination pursuant to
[A] 103.4.1 Legal defense. Any suit or criminal complaint this code.
instituted against any officer or employee because of an [A] 104.5 Identification. The code official shall carry proper
act performed by that officer or employee in the lawful identification when inspecting structures or premises in the
discharge of duties and under the provisions of this code performance of duties under this code.
shall be defended by the legal representatives of the juris-
diction until the final termination of the proceedings. The [A] 104.6 Notices and orders. The code official shall issue
code official or any subordinate shall not be liable for all necessary notices or orders to ensure compliance with this
costs in an action, suit or proceeding that is instituted in code.
pursuance of the provisions of this code. [A] 104.7 Department records. The code official shall keep
official records of applications received, permits and certifi-
cates issued, fees collected, reports of inspections and notices
SECTION 104 (IFGC) and orders issued. Such records shall be retained in the offi-
DUTIES AND POWERS OF THE CODE OFFICIAL cial records for the period required for the retention of public
[A] 104.1 General. The code official is hereby authorized records.
and directed to enforce the provisions of this code. The code
official shall have the authority to render interpretations of
this code and to adopt policies and procedures in order to SECTION 105 (IFGC)
clarify the application of its provisions. Such interpretations, APPROVAL
policies and procedures shall be in compliance with the intent [A] 105.1 Modifications. Where there are practical difficul-
and purpose of this code. Such policies and procedures shall ties involved in carrying out the provisions of this code, the
not have the effect of waiving requirements specifically pro- code official shall have the authority to grant modifications
vided in this code. for individual cases, upon application of the owner or
[A] 104.2 Applications and permits. The code official shall owner’s authorized agent, provided that the code official shall
receive applications, review construction documents and first find that special individual reason makes the strict letter
issue permits for installations and alterations of fuel gas sys- of this code impractical and that such modification is in com-
tems, inspect the premises for which such permits have been pliance with the intent and purpose of this code and does not
issued and enforce compliance with the provisions of this lessen health, life and fire safety requirements. The details of
code. action granting modifications shall be recorded and entered in
the files of the Department of Inspection.
[A] 104.3 Inspections. The code official shall make all of the
required inspections, or shall accept reports of inspection by [A] 105.2 Alternative materials, design and methods of
approved agencies or individuals. Reports of such inspections construction and equipment. The provisions of this code
shall be in writing and shall be certified by a responsible offi- are not intended to prevent the installation of any material or
cer of such approved agency or by the responsible individual. to prohibit any design or method of construction not specifi-
2018 INTERNATIONAL FUEL GAS CODE ® 3
Copyrighted © 2017 by, or licensed to, ICC (ALL RIGHTS RESERVED); licensed to UL, LLC pursuant to License Agreement with ICC. No further reproductions authorized or distribution authorized.
ANY UNAUTHROIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT; AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.

