Modesto Municipal Code Art. 5 Duties and Powers of Building Official

The Building Official is hereby authorized and directed to enforce all the provisions of this Code. For such purposes the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to adopt policies and procedures, and enforce policies and procedures, rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in compliance with the intent and purpose of this Code. Such policies and procedures, rules and regulations shall not have the effect of waiving the requirements specifically provided for in this Code. Such interpretations may be appealed to the Board of Building Appeals.

The language used in this Code is intended to convey the common and accepted meaning familiar to the building industry.

(Ord. 3513-C.S., § 2, effective 6-12-09)

In accordance with the prescribed personnel procedures of the City of Modesto and with the concurrence of the Community and Economic Director, the Building Official shall have the authority to appoint a Deputy Building Official, the related technical officers, inspectors, plan examiners, and other employees. Such employees shall have powers as delegated by the Building Official.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The Building Official shall issue all necessary notices or orders to ensure compliance with this Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Signs, tags or seals posted or affixed by the Building Official shall not be mutilated, destroyed, tampered with, or removed without authorization from the Building Official.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The Building Official shall make all of the required inspections. In lieu of personally performing any inspection, the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and shall be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise. The Building Official's decision with regard to any inspection may be appealed under the provisions of Modesto Municipal Code Section 9-1.1306.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The Building Official, or his/her designee, shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Where it is necessary to make an inspection to enforce the provisions of this Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this Code which makes the structure or premises unsafe, dangerous, or hazardous, the Building Official, or his/her designee, is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. 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 structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry for the purpose of inspection.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required by the City of Modesto records retention manual.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Neither the City, nor any department, nor any board, commission, officer, or employee thereof, shall be held liable or responsible for any damage or injury caused by or resulting from the issuance of or failure to issue or the revocation of any permit or certificate of inspection or the making of any inspection under the provisions of this Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Materials, equipment, and devices approved by the Building Official shall be constructed and installed in accordance with such approval.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The use of used materials that meet the requirements of Sections 9-1.410, 9-2.410, 9-3.410 and 9-7.410 of the Modesto Municipal Code, rather than new materials, is permitted. Used equipment and devices shall not be reused without the express approval of the Building Official.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Wherever there are practical difficulties involved in carrying out the provisions of this Code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that one (1) or more special reasons make compliance with the strict letter of this Code impractical, that the requested modification complies with the intent and purpose of this Code, and that such modification does not reduce health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Safety Division.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The provisions of this Code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this Code, provided that any such alternative has been approved by the Building Official. An alternative material, design, or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability, and safety.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this Code, shall consist of valid research reports from approved sources.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this Code or by other recognized test standards. Where there is no recognized and accepted test method for a particular material or method, the Building Official shall have the authority to select and approve the testing procedure to be used. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention in the City of Modesto records retention manual.

(Ord. 3513-C.S., § 2, effective 6-12-09)