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File Number: 16-629 <br />104.6.1 Right of entry, exigent circumstances emergency procedures. <br />If the Building Official or an authorized representative has reasonable cause to believe that the <br />conditions constitute an immediate hazard to human life or the public welfare the Building Official <br />shall have the right to immediately enter and inspect such property, and may use any reasonable <br />means required to effect such entry and make such inspection, whether such property be <br />occupied or unoccupied and whether or not permission to inspect has been obtained. If the <br />property is occupied, the Building Official shall first present credentials to the occupant and <br />demand entry, explaining the reasons therefor and the purpose of the inspection. <br />"Authorized representative" shall include the officers named in Subsection 103.3 and their <br />authorized inspection personnel. <br />No person shall fail or refuse, after proper demand has been made upon such person as <br />provided in this subsection, to promptly permit the Building Official or an authorized <br />representative to make any inspection provided for by this section. Any person violating this <br />subsection shall be guilty of a misdemeanor. <br />104.7 Department records. <br /> <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 <br />be retained in the official records for the period required for retention of public records. <br /> <br />104.8 Liability. <br /> <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 persons <br />or property as a result of any act or by reason of an act or omission in the discharge of official <br />duties. Any suit instituted against an officer or employee because of an act performed by that <br />officer or employee in the lawful discharge of duties and under the provisions of this Code shall <br />be defended by the City Attorney until the final termination of the proceedings. The Building <br />Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is <br />instituted in pursuance of the provisions of this Code. <br /> <br />104.9 Approved materials and equipment. <br /> <br />Materials, equipment and devices approved by the Building Official shall be constructed and <br />installed in accordance with such approval. <br /> <br />104.9.1 Used materials and equipment. <br /> <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 />Page 7 City of San Leandro Printed on 11/15/2016