§ 89_89.124

Add the following new section:

89. 89.124. Powers and Duties of the Building Official.

(A) General. 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, when necessary, may call upon the Police Department and other city agencies for aid or assistance in carrying out or enforcing any of the provisions of this code.

(B) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code or other codes or ordinances, or when the Building Official has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to, or in violation of, this code or other codes or ordinances that makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code or other codes or ordinances, provided that if such building or premises be occupied, credentials be presented to the occupant and entry requested. If such building or premises be 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 the remedies provided by law to secure entry.

(C) Stop Orders. Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

(D) Temporary Use of Electrical Energy. The Building Official may permit the temporary use of electrical energy by any person, firm or corporation in cases where it does not create a hazard to life or property.

(E) Building Official may adopt rules and regulations. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code. Such rules and regulations, commonly referred to as Code Rulings and Administrative Bulletins, supplemental to this code, shall not take effect until approved by the Building Inspection Commission and signed by the Building Official except in unusual circumstances where the Building Official has determined there is an immediate need to protect the public health and safety. When the Building Official finds that such circumstances exist, the Building Official may order immediate enforcement of a particular rule or regulation. The Building Official shall arrange for a subscription service to such rules and regulations, the entire cost of which is to be borne by the subscribers.

(F) Code Revisions. The Building Official shall transmit to the Building Inspection Commission, at intervals not exceeding three years, recommendations for changes to this code, based on studies of the following:

(1) Requests of the Board of Examiners for variances from this code, and for approvals of alternate materials, alternate designs and methods of construction.

(2) Code changes recommended by the Board of Examiners.

(3) Code changes recommended by the Code Advisory Committee or other bodies subordinate to the Building Inspection Commission.

(4) Results obtained and problems encountered from legal actions taken to correct code violations.

(5) Changes or improvements in materials, methods of construction or design, and changes proposed by interested persons.

(6) Investigations of fire and structural damage to buildings, and of complaints of unsatisfactory electrical system performance.

(7) Periodic changes to the California Electrical Code and other State regulations which may affect this code.

(8) Administrative Bulletins and Code Rulings currently in effect.

(9) Violations of this code found on inspections and investigations.

(G) Disconnection of Electric Service due to Serious and Imminent Hazards. The Building Official shall have the authority to disconnect electric service to a building, structure, property or equipment regulated by this code when it is necessary to abate a serious and imminent hazard to the life, health or safety of the occupant or other persons, or such building, structure or property. SeeSection 102A of the Building Code. Persons shall not reconnect such electrical supply until authorized in writing by the Building Official.

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