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__ <br />103.4.1 Legal defense. <br />Any suit instituted against any officer or employee because of an act performed by that officer or <br />employee in the lawful discharge of duties and under the provisions of this code shall be <br />defended by legal representative of the jurisdiction until the final termination of the proceedings. <br />The fire code official or any subordinate shall not be liable for costs in an action, suit or <br />proceeding that is instituted in pursuance of the provisions of this code; and any officer or the <br />department of fire prevention, acting in good faith and without malice, shall be free from liability <br />for acts performed under any of its provisions or by reason of any act or omission in the <br />performance of official duties in connection therewith. <br />103.5 Fire prevention bureau personnel and police. <br />The chief and members of the fire prevention bureau shall have the powers of a police officer in <br />performing their duties under this code. <br />SECTION 104 <br />GENERAL AUTHORITY AND RESPONSIBILITIES <br />104.1 General. <br />The fire code official is hereby authorized to enforce the provisions of this code and shall have <br />the authority to render interpretations of this code, and to adopt policies, procedures, rules and <br />regulations in order to clarify the application of its provisions. Such interpretations, policies, <br />procedures, rules and regulations shall be in compliance with the intent and purpose of this code <br />and shall not have the effect of waiving requirements specifically provided for in this code. <br />104.2 Applications and permits. <br />The fire code official is authorized to receive applications, review construction documents and <br />issue permits for construction regulated by this code, issue permits for operations regulated by <br />this code, inspect the premises for which such permits have been issued and enforce compliance <br />with the provisions of this code. <br />104.3 Right of entry. <br />Whenever it is necessary to make an inspection to enforce the provisions of this code, or <br />whenever the fire code official has reasonable cause to believe that there exists in a building or <br />upon any premises any conditions or violations of this code which make the building or premises <br />unsafe, dangerous or hazardous, the fire code official shall have the authority to enter the <br />building or premises at all reasonable times to inspect or to perform the duties imposed upon the <br />fire code official by this code. If such building or premises is occupied, the fire code official <br />shall present credentials to the occupant and request entry. If such building or premises is <br />unoccupied, the code official shall first make a reasonable effort to locate the owner or other <br />person having charge or control of the building or premises and request entry. If entry is refused, <br />the code official has recourse to every remedy provided by law to secure entry. <br />ORDINANCE NO. 2007-023 5 <br />