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SCOPE AND ADMINISTRATION

[A] 102.4.1 Conflicts. Where conflicts occur between pro- [A] 104.3 Liability of the code official. The code official,
visions of this code and the referenced standards, the pro- member of the board of appeals or employee charged with the
visions of this code shall govern. enforcement of this code, acting in good faith and without
malice in the discharge of the duties required by this code or
[A] 102.4.2 Provisions in referenced codes and stan-
dards. Where the extent of the reference to a referenced other pertinent law or ordinance, shall not thereby be ren-
code or standard includes subject matter that is within the dered civilly or criminally personally liable for damages that
scope of this code, the provisions of this code, as applica- accrue to persons or property as a result of an act or by reason
ble, shall take precedence over the provisions in the refer- of an act or omission in the discharge of such duties.
enced standard. [A] 104.3.1 Legal defense. A suit or criminal complaint
brought against the code official or employee because of
[A] 102.5 Partial invalidity. In the event that any part or pro-
vision of this code is held to be illegal or void, this shall not such act or omission performed by the code official or em-
have the effect of making void or illegal any of the other parts ployee in the enforcement of any provision of such codes
or provisions. or other pertinent laws or ordinances implemented through
the enforcement of this code or enforced by the code
[A] 102.6 Existing conditions. The legal occupancy or use of enforcement agency shall be defended by this jurisdiction
any structure or condition existing on the date of adoption of until final termination of such proceedings, and any judg-
this code shall be permitted to continue without change, ment resulting therefrom shall be assumed by this jurisdic-
except as is specifically covered in this code, the Interna- tion. The code enforcement agency or its parent
tional Property Maintenance Code or the International Fire jurisdiction shall not be held as assuming any liability by
Code, or as is deemed necessary by the code official for the reason of the inspections authorized by this code or any
general safety and welfare of the occupants and the public. permits or certificates issued under this code.

[A] 104.4 Subjects not regulated by this code. Where appli-
SECTION 103 cable standards or requirements are not set forth in this code,
ENFORCEMENT AGENCY or are contained within other laws, codes, regulations, ordi-
nances or policies adopted by the jurisdiction, compliance
[A] 103.1 Creation of enforcement agency. The department with applicable standards of other nationally recognized
of [INSERT NAME OF DEPARTMENT] is hereby created and the safety standards, as approved, shall be deemed as prima facie
official in charge thereof shall be known as the code official.
evidence of compliance with the intent of this code.
[A] 103.2 Appointment. The code official shall be appointed [A] 104.5 Matters not provided for. Requirements that are
by the chief appointing authority of the jurisdiction.
essential for the public safety of an existing or proposed
[A] 103.3 Deputies. In accordance with the prescribed proce- activity, building or structure, or for the safety of the occu-
dures of this jurisdiction and with the concurrence of the pants thereof, which are not specifically provided for by this
appointing authority, the code official shall have the authority code, shall be determined by the code official consistent with
to appoint a deputy(s). Such employees shall have powers as the necessity to establish the minimum requirements to safe-
delegated by the code official. guard the public health, safety and general welfare.
[A] 104.6 Applications and permits. The code official is
authorized to receive applications, review construction docu-
SECTION 104
AUTHORITY OF THE CODE OFFICIAL ments and issue permits for construction regulated by this
code, issue permits for operations regulated by this code,
[A] 104.1 Powers and duties of the code official. The code inspect the premises for which such permits have been issued
official is hereby authorized to enforce the provisions of this and enforce compliance with the provisions of this code.
code. The code official shall have the authority to render
interpretations of this code and to adopt policies and proce- [A] 104.7 Other agencies. Where requested to do so by the
dures in order to clarify the application of its provisions. Such code official, other officials of this jurisdiction shall assist
interpretations, policies and procedures shall not have the and cooperate with the code official in the discharge of the
effect of waiving requirements specifically provided for in duties required by this code.
this code.
[A] 104.2 Interpretations, rules and regulations. The code SECTION 105
official shall have the power to render interpretations of this COMPLIANCE ALTERNATIVES
code and to adopt and enforce rules and supplemental regula- [A] 105.1 Practical difficulties. Where there are practical
tions to clarify the application of its provisions. Such inter- difficulties involved in carrying out the provisions of this
pretations, rules and regulations shall be in conformance to code, the code official is authorized to grant modifications for
the intent and purpose of this code.
individual cases on application in writing by the owner or an
A copy of such rules and regulations shall be filed with the owner’s authorized agent. The code official shall first find
clerk of the jurisdiction and shall be in effect immediately that a special individual reason makes enforcement of the
thereafter. Additional copies shall be available for distribu- strict letter of this code impractical, that the modification is in
tion to the public. conformance to the intent and purpose of this code, and that

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