Dublin Municipal Code Art. II Authority of Building Official

A. The Building Official is hereby authorized and directed to enforce the provisions of this chapter. The Building Official shall have the authority to render interpretations of this chapter and to adopt policies and procedures to clarify the application of the provisions of this chapter. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this chapter.

B. The Building Official shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter.

C. The Health Officer is hereby authorized and directed to enforce all of the provisions of this chapter pertaining to:

1. Private water supply;

2. Private sewage disposal systems;

3. Infestation of insects, vermin or rodents;

4. Storage and removal of garbage; and

5. Sanitation of bedding.

For purposes of enforcement of the foregoing provisions of this chapter the Health Officer shall have the same authority and duties that are assigned to the Building Official in Article II and Sections 7.28.280 and 7.28.290.

D. The Building Official, the Health Officer, and any officer or employee designated by the Building Official pursuant to subsection B of this section shall have the power of a peace officer.

(Ord. 8-25 § 3 (Exh. B))

Whenever necessary to make an inspection to enforce any of the provisions of this chapter or whenever the Building Official has reasonable cause to believe that a violation of this chapter exists in any building or any premises, or there exists in any building or upon any premises any condition which makes the building or premises dangerous, unsanitary, or a menace to life, health or property, the Building Official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this chapter or any other applicable law, ordinance, rule, or regulations; provided, that if such building or premises be occupied, he shall first present credentials and demand entry. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry.

(Ord. 8-25 § 3 (Exh. B))

A. The provisions of this chapter are not intended to prevent the use of any material or to prohibit any design or method of construction not specifically prescribed by this chapter; provided, that any such alternative has been approved by the Building Official.

B. The Building Official may approve any alternative material, design or method of construction provided the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability, dimensional stability, and safety. The details of any action granting approval of an alternative material, design or method of construction shall be recorded and entered into the files of the city.

C. The Building Official may require that sufficient evidence or proof be submitted to substantiate any claims for alternate materials or methods of construction.

(Ord. 8-25 § 3 (Exh. B))

Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Building Official may grant modifications for individual cases upon application of the owner or the owner’s representative, provided he shall first find that a special individual reason makes the strict letter of this chapter impractical, the modification is in conformity with the intent and purpose of this chapter and such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of any action granting modifications to the provisions of this chapter shall be recorded and entered in the files of the city.

(Ord. 8-25 § 3 (Exh. B))

A. Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be performed by an approved agency at the expense of the owner or his agent.

B. Test methods shall be as specified by this chapter for the material in question. If there are no appropriate test methods specified in this chapter, the Building Official shall determine the test methods.

C. All tests shall be made by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records.

(Ord. 8-25 § 3 (Exh. B))

Whenever any work is being done contrary to the provisions of this chapter or any other applicable law, ordinance, rule, regulation, or the approved plans, the Building Official may order the work stopped by serving written notice on the owner of the property involved, the owner’s agent, or any persons engaged in, doing, or causing such work to be done. Upon issuance of a stop work order, the cited work shall immediately cease and shall not resume until authorized by the Building Official. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation and the conditions under which the cited work will be permitted to resume.

(Ord. 8-25 § 3 (Exh. B))

A. The Building Official may order the discontinuance of the supply of electrical energy, fuel gas or water to any building or structure, electrical, plumbing, or mechanical installation which is:

1. Being occupied or used contrary to the provisions of this chapter or any other applicable law, ordinance, rule or regulation;

2. A dangerous building or structure, or dangerous electrical, plumbing or mechanical installation;

3. An illegal building or structure, electrical, plumbing or mechanical installation; or

4. A substandard building.

B. Such order shall be in writing and shall state the nature of the condition requiring the discontinuance of utilities and the time when such utilities shall be discontinued. The order shall be directed to the person supplying electrical energy, fuel gas, or water and a copy of said order shall be sent to the person using said utilities and to the owner of the premises.

(Ord. 8-25 § 3 (Exh. B))

The Building Official, or his authorized representative(s), charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of his duties required by this chapter or any other applicable laws, ordinances, rules, or regulations, shall not thereby be rendered personally liable, and is hereby relieved from personal liability, for any damage accruing to persons or property as a result of any act, or by reason of any act or omission, in the discharge of his or her duties. Any suit brought against the Building Official or employee because of such act or omission shall be defended by the city until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the city.

(Ord. 8-25 § 3 (Exh. B))