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104.6 Right of entry. <br />Where it is necessary to make an inspection to enforce the provisions of this code, or where the <br />building official has reasonable cause to believe that there exists in a structure or upon a <br />premises a condition which is contrary to or in violation of this code which makes the structure <br />or premises unsafe, dangerous or hazardous, the building official is authorized to enter the <br />structure or premises at reasonable times to inspect or to perform the duties imposed by this <br />code, provided that if such structure or premises be occupied that credentials be presented to the <br />occupant and entry requested. If such structure or premises is unoccupied, the building official <br />shall first make a reasonable effort to locate the owner or other person having charge or control <br />of the structure or premises and request entry. If entry is refused, the building official shall have <br />recourse to the remedies provided by law to secure entry. <br />104.7 Department records. <br />The building official shall keep official records of applications received, permits and certificates <br />issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be <br />retained in the official records for the period required for retention of public records. <br />104.8 Liability. <br />The building official, member of the board of appeals or employee charged with the enforcement <br />of this code, while acting for the jurisdiction in good faith and without malice in the discharge of <br />the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered <br />liable personally and is hereby relieved from personal liability for any damage accruing to <br />persons or property as a result of any act or by reason of an act or omission in the discharge of <br />official duties. Any suit instituted against an officer or employee because of an act performed by <br />that officer or employee in the lawful discharge of duties and under the provisions of this code <br />shall be defended by legal representative of the jurisdiction until the final termination of the <br />proceedings. The building official or any subordinate shall not be liable for cost in any action, <br />suit or proceeding that is instituted in pursuance of the provisions of this code. <br />104.9 Approved materials and equipment. <br />Materials, equipment and devices approved by the building official shall be constructed and <br />installed in accordance with such approval. <br />104.9.1 Used materials and equipment. <br />The use of used materials which meet the requirements of this code for new materials is <br />permitted. Used equipment and devices shall not be reused unless approved by the building <br />official. <br />104.10 Modifications. <br />Wherever there are practical difficulties involved in carrying out the provisions of this code, the <br />building official shall have the authority to grant modifications for individual cases, upon <br />application of the owner or owner's representative, provided the building official shall first find <br />that special individual reason makes the strict letter of this code impractical and the modification <br />ORDINANCE N0. 2007-022 6 <br />