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TiiE BOCA NATIONAL PROPERTY N1AIPaTENANCE COOE11993
<br />of any material or method of construction not specifically
<br />prescribed by this code, provided that any such alternative has
<br />been approved. An alternative material or method of construc-
<br />tion shall be approved when the code official finds that the
<br />proposed design is satisfactory and complies with the intent of
<br />the provisions of this code, and that the material, method or work
<br />offered is, for the purpose intended, at least the equivalent of that
<br />prescribed in this code in quality, strength, effectiveness,
<br />fireresistance, durability and safery.
<br />PM-104.5 Research and investigations: Sufficient technical
<br />ciata shall be submitted to substantiate the proposed installation
<br />of any material or assembly. If it is determined that the evidence
<br />submitted is satisfactory proof of performance for the proposed
<br />installation, the code official shall approve such altemative
<br />subject to the requirements of this code. The cost of al] tests,
<br />repons and investigations required under these provisions shall
<br />be paid by the applicant.
<br />SECTION PM-105.0 DUTiES AND POWERS OF CODE OFFICIAL
<br />PM-105.1 General: The code official shall enforce all of the
<br />provisions of this code.
<br />PM-105.2 Notices and orders: The code ofFicial shall issue all
<br />necessary notices or orders to ensure compliance with the code.
<br />PM-105.3 Right of entry: The code ofFicial is authorized to
<br />enter the structure or pr-emi,res at reasonable times to inspect.
<br />Prior to entering into a space not otherwise open to the general
<br />public, the code off?cial shall make a reasonable effort to locate
<br />the nm-ner or other person having charge or control of the
<br />structure or prenuses, present proper identification and request
<br />entry. If requcsted entry is refused or not obtained, the code
<br />official shall pursue recourse as provided by law.
<br />PM-105.4 Access by owner or operator: Every occupant of a
<br />structure or premises shall give the owner or operator thereof,
<br />or agent or employee, access ro any part of such structure or its
<br />premiscs at reasonable times for the purpose of making such
<br />itispection, maintenance, repairs or alterations as are necessary
<br />to comply witfi the provisions of this code.
<br />PM-105.5 Identification: The code official shall carry proper
<br />I identitication when inspecting structures ot premtseS 1? [hC
<br />Exrformance of duties under this code.
<br />PM-105.6 Coordination oF enforcement: Inspection of
<br />prevnises, the issuance of notices and orders and enforcement
<br />thereof shall be the responsibility of the code official so charged
<br />by thc jurisdiction. Whenever inspections are necessary by any
<br />othcr dcpanment, the code official shall make reasonable effort
<br />to arrangc for the coordination of such inspections so as to
<br />minimize the number of visits by inspectors, and to confer with
<br />thc other depanments for the purpose of eliminating conflicting
<br />ordcrs before any arc issued. A department shall not, however,
<br />dclay the issuance of any emergency orders.
<br />PM-105.7 Rule-making authority: The code official shall have
<br />powcr as ncccssary in the interest of public health, safety and
<br />ecneral wclfarc. to adopt and promulgate rules and regulations
<br />to interpret and implement the provisions of this code to secure
<br />the intcnt thcrcof'and to designate requirements applicable be-
<br />c,wsc of local rlimatic: or othcr conditions. Such rules shal] not
<br />have the effect of waiving structural or fire performance require-
<br />ments specifically provided for in this code or of violating
<br />accepted engineering practice involving public safety.
<br />PM-105.8 Organization: The code official shall appoint such
<br />number of officers, technical assistants, inspectors and other
<br />employees as shall be necessary for the administration of this
<br />code and as authorized by the appointing authority. The code
<br />official is authorized to designa[e an employee as deputy who
<br />shall exercise all the powers of the code official during the
<br />temporary absence or disability of the code official.
<br />PM-105.9 Restriction of employees: An official or employee
<br />connected with the enforcement of this code, except one whose
<br />only connection is that of a member of the board of appeals
<br />established under the provisions of Section PM-I 11.0, shall not
<br />be engaged in, or directly or indirectly connected with, the
<br />fumishing of labor, materials or appliances for the construction,
<br />alteration or maintenance of a building, or the preparation of
<br />c•onstruction documents thereof, unless that persnn is the owner
<br />of the building; nor shall such officer or employee engage in any
<br />work that conflicts with official duties or with the interests of the
<br />department.
<br />PM-105.10 Relief from personal responsibility: The code
<br />official, officer or employee charged with the enforcement of this
<br />code, while acting for the jurisdiction, shall not chereby be
<br />rendered liable personally, and is hereby relieved from all per-
<br />sonal liability for any damage accruing to persons or property as
<br />a result of any act required or permitted in the discharge of
<br />official duties. Any suit instituted against an officer or employee
<br />because of an act performed by that officer or employee in the
<br />lawful discharge of duties and under the provisions of this code
<br />shall be defended by the legal representative of the jurisdiction
<br />until the final termination of the proceedings. The code official
<br />or any subordinate shall not be liable for cosu in any action, suit
<br />or proceeding that is instituted in pursuance of the provisions of
<br />this code; and any officer of the department of building inspec-
<br />tion, acting in good faith and without malice, shall be free from
<br />liability for acts performed under any of its provisions or by
<br />reason of any act or omission in the performance of official duties
<br />in connection therewith.
<br />PM-105.11 Officiai records: An official record shali be kep[ of
<br />all business and accivicies of the department specified in the
<br />provisions of this code, and all such records shall be open [o
<br />public inspection at all appropriate times and according to
<br />reasonable rules to maintain the integrity and security of such
<br />records.
<br />SECTION PM-106.0 YIOLATIONS
<br />PM-106.1 Unlawful acts: It shall be unlawful for any person,
<br />firm or corporation to erect, construct, alter, extend, repair,
<br />remove, demolish, maintain, fail to maintain, provide, fail to
<br />provide, occupy, !et to another or occupy or permit another
<br />pei:cnn to occupy any structure or equipment regulated by this
<br />code, or cause same to be done, convary to or in conflict with or
<br />in violation of any of the provisions of this code, or to fail to obey
<br />a lawful order of the code official, or to remove or deface a
<br />placard or notice posted under the provisions of this code.
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