Duties and Power of the Code Official - IEBC 2024 Section 104 Overview

[jar546]

Duties and Powers of Code Official: An Overview​

General Authority​

104.1 General AuthorityThe code official is responsible for enforcing the building code, ensuring that all construction and building activities comply with the established regulations.

Determination of Compliance​

104.2 Determining Compliance

• The code official has the power to decide whether buildings meet the code requirements.
• They can interpret the code, and develop policies and procedures to clarify how the code is applied. These interpretations must align with the intent and purpose of the code and cannot waive any specific requirements.

104.2.1 Listed Compliance

• When the code requires certain equipment, materials, or services to be listed (certified), the listing must meet the specified standards.
• If no standard is specified, it must meet an approved listing criteria.
• Installations must follow the listing and the manufacturer's instructions.

104.2.2 Technical Assistance

• The code official can request a technical opinion and report from the building owner or their agent to ensure compliance.
• This report must be prepared by a qualified professional at no cost to the jurisdiction and must detail the design and use of the building, offering necessary recommendations.

104.2.2.4 Testing for Compliance

• If there's not enough evidence of compliance, the code official can require tests. These tests must follow recognized standards or procedures approved by the code official and be conducted by an acceptable party.

Alternative Materials and Methods​

104.2.3 Alternatives

• The code allows the use of alternative materials, designs, and construction methods not explicitly mentioned in the code, provided they are approved by the code official and meet the necessary standards of quality, strength, effectiveness, durability, safety, and fire safety.

104.2.3.1 Approval of Alternatives

• Alternatives must be approved if they meet the code's intent and provide equivalent or better performance than the standard provisions.

Modifications and Permits​

104.2.4 Modifications

• The code official can grant modifications to the code when strict compliance is impractical, as long as the modifications do not reduce health, accessibility, safety, or structural standards.

104.3 Applications and Permits

• The code official handles applications, reviews construction documents, issues permits, inspects premises, and enforces compliance.

104.3.1 Flood Hazard Areas

• For buildings in flood-prone areas, the code official determines if proposed work is a substantial improvement or repair and ensures compliance with flood-resistant construction standards.

Inspections and Records​

104.4 Right of Entry

• The code official can enter buildings or premises to inspect for compliance. If entry is refused, legal remedies can be sought to gain access.

104.5 Identification

• The code official must carry proper identification when conducting inspections.

104.6 Notices and Orders

• The code official issues necessary notices or orders to ensure compliance with the code.

104.7 Official Records

• The code official keeps detailed records of all actions, including approvals, inspections, tests, fees, and modifications, for at least five years.

Liability and Legal Protection​

104.8 Liability

• The code official and other employees enforcing the code are protected from personal liability when acting in good faith and without malice.

104.8.1 Legal Defense

• The jurisdiction will defend any legal actions against the code official related to their duties under the code, ensuring they are not liable for legal costs.

Materials and Equipment​

104.9 Approved Materials and Equipment

• All materials, equipment, and devices used in construction must be approved by the code official and installed according to the approval.

104.9.1 Reuse of Materials

• Reused materials and equipment must be in good condition and approved for use by the code official.