Page 22 - ICC IEBC 2018

SCOPE AND ADMINISTRATION

[A] 104.8 Liability. The code official, member of the Board 4. The modification is the minimum necessary to
of Appeals, or employee charged with the enforcement of this afford relief, considering the flood hazard.
code, while acting for the jurisdiction in good faith and with- 5. A written notice will be provided to the applicant
out malice in the discharge of the duties required by this code specifying, if applicable, the difference between the
or other pertinent law or ordinance, shall not thereby be ren- design flood elevation and the elevation to which the
dered civilly or criminally liable personally and is hereby building is to be built, stating that the cost of flood
relieved from personal liability for any damage accruing to insurance will be commensurate with the increased
persons or property as a result of any act or by reason of an risk resulting from the reduced floor elevation and
act or omission in the discharge of official duties. that construction below the design flood elevation
[A] 104.8.1 Legal defense. Any suit or criminal complaint increases risks to life and property.
instituted against an officer or employee because of an act [A] 104.11 Alternative materials, design and methods of
performed by that officer or employee in the lawful dis- construction, and equipment. The provisions of this code
charge of duties and under the provisions of this code shall are not intended to prevent the installation of any material or
be defended by legal representatives of the jurisdiction to prohibit any design or method of construction not specifi-
until the final termination of the proceedings. The code cally prescribed by this code, provided that any such alterna-
official or any subordinate shall not be liable for cost in tive has been approved. An alternative material, design, or
any action, suit, or proceeding that is instituted in pursu- method of construction shall be approved where the code
ance of the provisions of this code. official finds that the proposed design is satisfactory and
[A] 104.9 Approved materials and equipment. Materials, complies with the intent of the provisions of this code, and
equipment, and devices approved by the code official shall be that the material, method, or work offered is, for the purpose
constructed and installed in accordance with such approval. intended, not less than the equivalent of that prescribed in this
[A] 104.9.1 Used materials and equipment. The use of code in quality, strength, effectiveness, fire resistance, dura-
used materials that meet the requirements of this code for bility and safety. Where the alternative material, design or
new materials is permitted. Used equipment and devices method of construction is not approved, the code official shall
shall be permitted to be reused subject to the approval of respond in writing, stating the reasons why the alternative
the code official. was not approved.
[A] 104.10 Modifications. Wherever there are practical diffi- [A] 104.11.1 Research reports. Supporting data, where
culties involved in carrying out the provisions of this code, necessary to assist in the approval of materials or assem-
the code official shall have the authority to grant modifica- blies not specifically provided for in this code, shall con-
tions for individual cases on application of the owner or sist of valid research reports from approved sources.
owner’s authorized representative, provided that the code [A] 104.11.2 Tests. Where there is insufficient evidence
official shall first find that special individual reason makes of compliance with the provisions of this code or evidence
the strict letter of this code impractical, the modification is in that a material or method does not conform to the require-
compliance with the intent and purpose of this code and such ments of this code, or in order to substantiate claims for
modification does not lessen health, accessibility, life and fire alternative materials or methods, the code official shall
safety, or structural requirements. The details of action grant- have the authority to require tests as evidence of compli-
ing modifications shall be recorded and entered in the files of ance to be made without expense to the jurisdiction. Test
the Department of Building Safety. methods shall be as specified in this code or by other rec-
[A] 104.10.1 Flood hazard areas. For existing buildings ognized test standards. In the absence of recognized and
located in flood hazard areas for which repairs, alter- accepted test methods, the code official shall approve the
ations and additions constitute substantial improvement, testing procedures. Tests shall be performed by an
the code official shall not grant modifications to provisions approved agency. Reports of such tests shall be retained
related to flood resistance unless a determination is made by the code official for the period required for retention.
that:
1. The applicant has presented good and sufficient SECTION 105
cause that the unique characteristics of the size, con- PERMITS
figuration or topography of the site render compli-
[A] 105.1 Required. Any owner or owner’s authorized agent
ance with the flood-resistant construction provisions
inappropriate. who intends to repair, add to, alter, relocate, demolish, or
change the occupancy of a building or to repair, install, add,
2. Failure to grant the modification would result in
alter, remove, convert, or replace any electrical, gas, mechan-
exceptional hardship.
ical, or plumbing system, the installation of which is regu-
3. The granting of the modification will not result in lated by this code, or to cause any such work to be performed,
increased flood heights, additional threats to public shall first make application to the code official and obtain the
safety, extraordinary public expense nor create nui- required permit.
sances, cause fraud on or victimization of the public
[A] 105.1.1 Annual permit. Instead of an individual per-
or conflict with existing laws or ordinances.
mit for each alteration to an already approved electrical,

2018 INTERNATIONAL EXISTING BUILDING 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.