San Jose Municipal Code Part 5 Authority

A. The building official is authorized and directed to enforce all of the provisions of this title, and the technical codes, excepting that the provisions of Chapter 9 of building code and part 7 California Wildland-Urban Interface code shall be enforced jointly with the chief of the fire department. For such purposes, the building official and the chief of the fire department, respectively, and their respective authorized representatives, shall each have the powers of a peace officer.

B. The building official shall have all of the following powers and authority subject to the direction and supervisory authority of the director with regard to:

1. The authority granted to the "building official" by this title and the CBC.

2. The authority granted to the "administrative authority" by this title, the CPC and CMC.

3. The authority required to enforce the CEC.

4. The authority required to enforce the CRC.

5. The authority required to enforce the CALGreen.

6. The authority required to enforce the CHBC.

7. The authority required to enforce the CEBC.

8. The authority required to enforce the California Energy Code.

(Ords. 28166, 28838, 29806, 30326, 31256.)

The building official shall have the power and authority to render interpretations of this title and the technical codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in conformance with the intent and purpose of this title.

(Ord. 28166.)

In accordance with department procedures, the building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the department.

(Ord. 28166.)

A. The building official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this title:

1. When necessary to make an inspection to enforce any of the provisions of this Title and the technical codes, or

2. When the building official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this title which makes the building or premises unsafe, dangerous or hazardous.

B. The building official shall adhere to the following procedures in making an entry:

1. If such building or premises be occupied, the building official shall present credentials to the occupant and request entry.

2. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

3. Should entry be refused, the building official shall have recourse to the remedies provided by law to secure entry.

(Ord. 28166.)

When work is being done contrary to the provisions of this title, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this title, the building official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the building official to proceed with the work.

(Ord. 28166.)

When a building or structure or building service equipment therein regulated by this title and the technical codes is being used contrary to the provisions of such codes, the building official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes.

(Ord. 28166.)

The building official or the building official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this title or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

(Ord. 28166.)

A. When the building official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the building official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate.

B. The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.

C. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within twenty-four (24) hours to the serving utility, the owner and occupant of such building, structure or premises.

D. When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this title, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

(Ord. 28166.)

No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

(Ord. 28166.)