Sec. 18-16. - Interpretation, administration or enforcement of this chapter or the technical codes.

The building official shall interpret, administer, and enforce this chapter and the technical codes. Any requirements necessary for the strength, stability, or proper operation of an existing or proposed building, structure, electrical, gas, mechanical, or plumbing system, or for the public safety, health and general welfare not specifically covered by this chapter or the other technical codes shall be determined by the building official.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-17. - Inspection and entry.

Whenever necessary to make an inspection to enforce any of the provisions of this building code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing system unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this building code. All entry shall be with the consent of the owner or occupant of the building, structure or premises or, in the case of nonconsent, by search warrant, inspection warrant or court order, except in the case of an emergency situation that appears to pose a serious threat to life, health, or safety. When the building official has obtained a proper warrant, order, or consent to secure entry, it is a violation of this code for any person to prevent, refuse, or interfere with prompt entry therein by the building official for the purpose of inspection and examination pursuant to this code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-18. - Stop work orders; work being performed in unsafe or dangerous manner.

Whenever construction work is being done contrary to law or is being done in an unsafe or dangerous manner or whenever a building, structure, land or premises is being used or occupied in violation of the law, the building official may order the work, use or occupancy stopped and may order the violation corrected within a reasonable period of time, by notice in writing specifying the violation served on the owner of the property, or to his agent, or to the person or persons doing or causing the work or violation, or by posting on the structure. The order shall state the conditions under which the work may be resumed; and the persons shall immediately stop the violation until arrangements have been made to comply with the order and applicable law. Where an emergency exists which threatens life, health, safety, or property, the building official shall not be required to give a written order or reasonable time to correct the violation, but may order whatever actions necessary to abate or mitigate the danger. Acting contrary to a lawfully-entered stop work order and/or refusing or failing to take necessary actions ordered by the building official to abate or mitigate danger are violations of this code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-19. - Historic structures.

The building official shall have the power to waive the provisions of this building code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of existing buildings or structures designated as landmarks or historic structures, when such buildings or structures are judged by the building official to be safe and the proposed construction, alteration, repair, enlargement, restoration, relocation or moving is in the best interest of the public health, safety and welfare. Prior to making a determination not to waive the provisions of the building code, the building official shall confer with the Pasco County Historic Preservation Committee and shall obtain from the applicant a certificate of appropriateness, in accordance with section 315 (historic preservation) of the Land Development Code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-20. - Concealed work.

The building official may order portions of the structural frame of a building or structure or its systems to be exposed for inspection when, in his opinion, there is reason to believe that a building or portion thereof or its systems is or may be in an unsafe or dangerous condition, or that there is or may be willful or negligent concealment of a violation of this building code, or when required inspections have not been obtained. Concealing work and/or failing to uncover concealed work upon request are separate violations of this code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-21. - Liability.

Any officer or employee charged with the enforcement of this chapter or the technical codes, acting on the county's behalf in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-22. - Inspections.

(a)

Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The building official shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes.

(b)

When deemed necessary, the building official may make inspection of materials and assemblies at the point of manufacture or fabrication and may require the exposure of any element of an assembly to inspect the internal construction. A record shall be made of every such examination and of all violations of the technical codes.

(c)

The building official may make the inspections called for by these requirements or he may accept reports of inspectors of recognized qualifications for special inspections, except that no certificate called for by a provision of this building code shall be based on the reports unless they are in writing and certified by a responsible officer of such service.

(d)

When the services and reports of a testing laboratory are required by this building code, only services and reports shall be accepted as are submitted from an impartial testing laboratory having a registered professional engineer in active responsible charge of the work of sampling and testing. Services and reports of testing laboratories located outside of the state and under the supervision of a registered engineer legally qualified to practice engineering in the State of Florida may be accepted.

(e)

Rejection after inspection. It shall be assumed that the holder of a permit or his authorized agent shall have inspected the work performed pursuant to the permit and found such work to be in compliance with this building code and ready for inspection prior to requesting an inspection by the building official. Whenever the building official rejects or refuses to approve the work for reasons of incompleteness, code violation or inadequacy, a new request for inspection shall be made by the permit holder or his authorized agent and, if required, additional fees paid as provided in the fee schedule.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-23. - Emergencies; inspection and measures to secure or protect structures.

After winds, rain, flooding, severe storms, fires, accidents, sinkholes, or other events, the building official may investigate to determine if damage has occurred to buildings or other structures. In such situations, the building official may, in accordance with chapter 79, condemn those buildings or portions of buildings that meet the criteria for demolition. In case there shall be, in the opinion of the building official, actual and immediate danger of failure or collapse of a building or structure or portion thereof, so as to endanger life, health, safety, or property, the building official may cause the necessary work to be done to render the building or structure or portion thereof temporarily safe, whether any procedure or notice prescribed by other law for the removal or securing of unsafe buildings or structures has been instituted. Any measures taken pursuant to this section to temporarily secure such structures do not create a continuing obligation to maintain or repair the structures or the temporary measures. Further, neither the building official nor the county or its officials or employees shall be liable for the decision of whether to undertake such measures or the manner in which such measures are performed. Such measures are deemed to be for the benefit of the property, and as such any lien for the cost of such measures shall have priority over all other secured or unsecured interests and shall have equal rank and dignity as ad valorem taxes, whether the holders of other interests or the owners were given prior notice of the need for such measures.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-24. - Vacating unsafe buildings or structures.

When a building or structure or portion thereof is in an unsafe condition so that life is endangered thereby, the building official may order and require the occupants to vacate it forthwith. He may, when necessary for the public safety, temporarily close buildings and structures and prohibit them from being used.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-25. - Disconnecting unsafe installations.

When the building official determines that an electrical, gas, mechanical, plumbing or other installation or appliance is unsafe, so that life is endangered thereby, he may disconnect, turn off, seal or otherwise interrupt electric, gas, mechanical or water service to the installation or appliance and post a notice that the service shall not be reactivated without his approval. It shall be unlawful for a person to use or reactivate the installation or appliance after this action without approval.

(Ord. No. 07-20, § 1, 9-11-07)

Secs. 18-26—18-35. - Reserved.