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'104.2.5 106.2 1997 UNIFORM CUILDING CODE
<br /> 104.25 Occupancy violations. Whenever any building or Test methods shall be as specified by this code or by other rec-
<br /> structure or equipment therein regulated by this code is being used ognized test standards.If there are no recognized and accepted test
<br /> contrary to the provisions of this code,the building official may methods for the proposed alternate,the building official shall de-
<br /> order such use discontinued and the structure,or portion thereof, termine test procedures.
<br /> vacated by notice served on any person causing such use to be con-
<br /> tinued.Such person shall discontinue the use within the time pre- All tests shall be made by an approved agency.Reports of such
<br /> scribed by the building official after receipt of such notice to make tests shall be retained by the building official for the period re-
<br /> the structure,or portion thereof,comply with the requirements of quired for the retention of public records.
<br /> this code. 104.2.10 Cooperation of other officials and officers. The
<br /> 104.2.6 Liability. The building official charged with the en- building official may request,aa$vtiall receive,the assistance and
<br /> forcemeat of this code,acting in good faith and without malice in cooperation of other officials of this jurisdiction so far as is re-
<br /> the discharge of the duties required by this code or other pertinent pertinent
<br /> in the discharge of the duties required by this code or other
<br /> p
<br /> law or ordinance shall not thereby be rendered personally liable Pertinent law or ordinance.
<br /> for damages that may accrue to persons or property as a result of an
<br /> act or by reason of an act or omission in the discharge of such du- SECTION 105—BOARD OF APPEALS
<br /> ties.A suit brought against the building official or employee be-
<br /> cause of such acTor omission performed by the bailding official or 105.1 General. In order to hear and decide appeals of orders,de-
<br /> employee in the enforcement of any provision of such codes or cisions or determinations made by the building official relative to
<br /> other pertinent laws or ordinances implemented through the en- the application and interpretation of this code,there shall be and is
<br /> forcement of this code or enforced by the code enforcement hereby created a board of appeals consisting of members who are
<br /> agency shall be defended by this jurisdiction until final termina- qualified by experience and training to pass on matters pertaining
<br /> tion of such proceedings,and any judgment resulting therefrom to building construction and who are not employees of the juris-
<br /> shall be assumed by this jurisdiction. diction.The building official shall be an ex officio member of and
<br /> shall act as secretary to said board but shall have no vote on any
<br /> This code shall not be construed to relieve from or lessen the re- matter before the board.The board of appeals shall be appointed
<br /> sponsibility of any person owning,operating or controlling any by the governing body and shall hold office at its pleasure.The
<br /> building or structure for any damages to persons or property board shall adopt rules of procedure for conducting its business,
<br /> caused by defects, nor shall the code enforcement agency or its and shall render all decisions and findings in writing to the appel-
<br /> parent jurisdiction be held as assuming any such liability by rea- lant with a duplicate copy to the building official.
<br /> son of the inspections authorized by this code or any permits or
<br /> certificates issued under this code. 105.2 Limitations of Authority. The board of appeals shall
<br /> have no authority relative to interpretation of the administrative
<br /> 104.2.7 INIodifications. When there are practical difficulties in- provisions of this code nor shall the board be empowered to waive
<br /> volved in carrying out the provisions of this code,the building of- requirements of this code.
<br /> ficial may grant modifications for individual cases.The building
<br /> official shall first find that a special individual reason makes the
<br /> strict letter of this code impractical and that the modification is in SECTION 106—PERMITS
<br /> conformance with the intent and purpose of this code and that such
<br /> modification does not lessen any fire-protection requirements or 106.1 Permits Required. Except as specified in Section 106.2,
<br /> any degree of structural integrity.The details of any action grant- no building or structure regulated by this code shall be erected,
<br /> ing modifications shall be recorded and entered in the files of the constructed, enlarged, altered, repaired, moved, improved, re-
<br /> code enforcement agency. moved,converted or demolished unless a separate permit for each
<br /> building or structure has fust been obtained from the building offi-
<br /> 104.2.8 Alternate materials,alternate design and methods of – cial.
<br /> construction. The provisions of this code are not intended to pre- 106.2 Work Exempt from Permit. A building permit shall not
<br /> vent the use of any material, alternate design or method of be required for the following:
<br /> construction not specifically prescribed by this code, provided
<br /> any alternate has been approved and its use authorized by the 1. One-story detached accessory buildings used as tool and..
<br /> building official. storage sheds, playhouses, and similar uses, provided the floor
<br /> The building official may approve any such alternate,provided area does not exceed 120 square feet(11.15 m'-).
<br /> the building official finds that the proposed design is satisfactory 2 Fences not over 6 feet(1829 mm)high.
<br /> and complies with the provisions of this code and that the material, 3. Oil derricks.
<br /> method or work offered is,for the purpose intended,at least the
<br /> equivalent of that prescribed in this code in suitability,strength, 4. Movable cases, counters and partitions not over 5 feet
<br /> effectiveness, fire resistance,durability,safety and sanitation. 9 inches(1753 mm)high.
<br /> The building official shall require that sufficient evidence or 5. Retaining walls that are not over 4 feet(1219 mm)in height
<br /> proof be submitted to substantiate any claims that may be made measured from the bottom of the footing to the top of the wall,un-
<br /> regarding its use.The details of any action granting approval of an less supporting a surcharge or impounding Class I,II or III-A liq-
<br /> alternate shall be recorded and entered in the files of the code en- uids.
<br /> forcement agency. 6. Water tanks supported directly upon grade if the capacity
<br /> does not exceed 5,000 gallons(18 927 L)and the ratio of height to
<br /> 104.2.9 Tests. Whenever there is insufficient evidence of com- diameter or width does not exceed 2:1.
<br /> pliance with any of the provisions of this code or evidence that any
<br /> material or construction does not conform to the requirements of 7. Platforms, walks and driveways not more than 30 inches
<br /> this code,the building official may require tests as proof of com- (762 mm)above grade and not over any basement or story below.
<br /> pliance to be made at no expense to this jurisdiction. 8. Painting,papering and similar finish work.
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