8:512 — Code administration

8:512. - Code administration.

The Building Official shall have the power as may be necessary in the interest of public safety, health and general welfare, to interpret and implement the provisions of the chapter, to secure the intent thereof, and to designate the requirements applicable. 1. Administrative decisions. The Building Official may administratively rule on situations where the code does not specifically provide requirements or where 2 code provisions are in conflict. Administrative decisions shall not conflict with the code provisions and shall be in keeping with the intent of the code. Where there are conflicting provisions, the provision securing the greater degree of public safety, health, and general welfare, shall be applied in that order. Copies of such decision shall be placed on file and be reported monthly to the Housing Board of Appeals for review. 2. Administrative rules. The Building Official may adopt rules as may be necessary to establish uniform implementation of the intent of the code. The Building Official shall hold a public hearing on proposed rules. All public comments in the hearing must be considered by the hearing official. Advance notice shall be provided in the local newspaper and mailings to appropriate organizations. These rules are intended to supplement the code where needed to properly administer the provisions of the code. Such rules shall be deemed to be as complete and binding a part of the chapter as if the same were herein specifically set forth, and the violation of any such rule so adopted shall be deemed a violation of this chapter. Copies of such rules shall be placed on file in the Planning and Development Services Unit for inspection, review, copying, and shall be approved by the Housing Board of Appeals and submitted to the City Council for confirmation. Before the adoption of a rule, an agency shall give notice of a public hearing and offer a person an opportunity to present data, views, and arguments. The notice shall be given not less than 15 calendar days, nor more than 30 calendar days before the public hearing. The notice shall include all of the following: (a) The time and place of the public hearing and a statement of the manner in which data, views, and arguments may be submitted to the agency at other times by a person. (b) A statement of the terms or substance of the proposed rule, a description of the subject and issues involved, and the proposed effective date of the rules.

(Ord. No. 66-87, § 1, 12-21-87; Ord. No. 43-04, § 35, 1-3-05)