International Building Code Section 104 – International Building Code 2006 Discussions

International Building Code 1.1

Research reports. 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.

International Building Code 1.2

Tests. 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. In the absence of recognized and accepted test
methods, the building official shall approve the testing procedures.
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 of public records.

International Building Code 104.1

General. The building official is hereby authorized and
directed to enforce the provisions of this code. The building
official shall have the authority to render interpretations of this
code and to adopt policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose
of this code. Such policies and procedures shall not have the
effect of waiving requirements specifically provided for in this
code.

International Building Code 104.10

Modifications. 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
special individual reason makes the strict letter of this code
impractical and the modification is in compliance with the
intent and purpose of this code and that such modification does
not lessen 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 department of
building safety.

International Building Code 104.11

Alternative materials, design and methods of construction
and equipment. 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. 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 orwork 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.

International Building Code 104.2

Applications and permits. The building official shall
receive applications, review construction documents and issue
permits for the erection, and alteration, demolition and moving
of buildings and structures, inspect the premises for which such
permits have been issued and enforce compliance with the provisions
of this code.

International Building Code 104.3

Notices and orders. The building official shall issue all
necessary notices or orders to ensure compliance with this
code.

International Building Code 104.4

Inspections. The building official shall make all of the
required inspections, or 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 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, subject to the
approval of the appointing authority.

International Building Code 104.5

Identification. The building official shall carry proper
identification when inspecting structures or premises in the
performance of duties under this code.

International Building Code 104.6

Right of entry. 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 which is contrary to or
in violation of this code which makes the structure or premises
unsafe, dangerous or hazardous, the building official 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.

International Building Code 104.7

Department records. 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 for retention of public records.

International Building Code 104.8

Liability. The building official, member of the board of
appeals or employee charged with the enforcement of this
code, while acting for the jurisdiction in good faith and without
malice in the discharge of the duties required by this code or
other pertinent law or ordinance, shall not thereby be rendered
liable personally and is hereby relieved from personal liability
for any damage accruing to persons or property as a result of
any act or by reason of an act or omission in the discharge of
official duties. Any suit instituted against an officer or
employee because of an act performed by that officer or
employee in the lawful discharge of duties and under the provisions
of this code shall be defended by legal representative of
the jurisdiction until the final termination of the proceedings.
The building official or any subordinate shall not be liable for
cost in any action, suit or proceeding that is instituted in pursuance
of the provisions of this code.

International Building Code 104.9

Approved materials and equipment. Materials, equipment
and devices approved by the building official shall be
constructed and installed in accordance with such approval.

Used materials and equipment. The use of used
materials which meet the requirements of this code for new
materials is permitted. Used equipment and devices shall
not be reused unless approved by the building official.