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SECTION 104
<br />GENERAL AUTHORITY AND RESPONSIBILITIES
<br />[A] 104.1 General. The fire code official is hereby autho-
<br />rized to enforce the provisions of this code and shall have the
<br />authority to render interpretations of this code, and to adopt
<br />policies, procedures, rules and regulations in order to clarify
<br />the application of its provisions. Such interpretations, poli-
<br />cies, procedures, rules and regulations shall be in compliance
<br />with the intent and purpose of this code and shall not have the
<br />effect of waiving requirements specifically provided for in
<br />this code.
<br />]A] 1045 Applications and permits. The fire code official is
<br />authorized to receive applications, review construction docu-
<br />ments and issue permits for construction regulated by this
<br />code, issue permits for operations regulated by this code,
<br />inspect the premises for which such permits have been issued
<br />and enforce compliance with the provisions of this code.
<br />[A] 104-3 Right of entry. Where it is necessary to make an
<br />inspection to enforce the provisions of this code, or where the
<br />fire code official has reasonable cause to believe that -here
<br />exists in a building or upon any premises any conditions or
<br />violations of this code that make the building or premises
<br />unsafe, dangerous or hazardous, the fire code official shall
<br />have the authority to enter the building or premises at all rea-
<br />sonable times to inspect or to perform the duties imposed
<br />upon the fire code official by this code. If such building or
<br />premises is occupied, the fire code official shall present cre-
<br />dentials to the occupant and request entry. If such building or
<br />premises is unoccupied, the fire code official shall fust make
<br />a reasonable effort to locate the owner, the owner's autho-
<br />rized agent cr other person having charge or control of the
<br />building or premises and request entry. If entry is refused, the
<br />fire code official has recourse to every remedy provided by
<br />law to secure entry.
<br />[A] 104.3.1 Warrant. Where thefire code official has fust
<br />obtained a proper inspection warrant or other remedy pro-
<br />vided by law to secure entry, an owner, the owner's autho-
<br />rized agent or occupant or person having charge, care or
<br />control of the building or premises shall not fail or neglect,
<br />after proper request is made as herein provided, to permit
<br />entry therein by the fere code official for the purpose of
<br />inspection and examination pursuant to this code.
<br />[A] 104.4 Identification. The fire code official shall carry
<br />proper identification when inspecting structures or premises
<br />in the performance of duties under this code.
<br />]A] 104.5 Notices and orders. The fire code official is autho-
<br />rized to issue such notices or orders as are required to affect
<br />compliance with this code in accordance with Sections 109.1
<br />and 109.2.
<br />[AI 104.6 Official records. The fire code official shall keep
<br />official records as required by Sections 104.6.1 through
<br />104.6.4. Such official records shall be retained for not less
<br />than 5 years or for As long as the structure or activity to which
<br />such records relate remains in existence, unless otherwise
<br />provided by other regulations.
<br />[A] 104.6.1 Approvals. A record of approvals shall be
<br />maintained by the fire code official and shall be available
<br />SCOPE AND AOMINISTRATION
<br />for public inspection during business hours in accordance
<br />with applicable laws.
<br />[A] 104.6.2 Inspections. Thefire code official shall keep a
<br />record of each inspection made, including notices and
<br />orders issued, showing the findings and disposition of
<br />each.
<br />104.6.3 Fire records. The foe department shall keep a
<br />record of foes occurring within its jurisdiction and of facts
<br />concerning the same, including statistics as to the extent of
<br />such fires and the damage caused thereby, together with
<br />other information as required by the fire code official.
<br />[A] 104.6.4 Administrative. Application for modifica-
<br />tion, alternative methods or materials and the final deci-
<br />sion of the fere code official shall be in writing and shall be
<br />officially recorded in the permanent records of the fire
<br />code official.
<br />[A] 104.7 Approved materials and equipment- Materials,
<br />equipment and devices approved by the fire code official
<br />shall be constructed and installed in accordance with such
<br />approval.
<br />[A] 104.7.1 Material and equipment reuse. Materials,
<br />equipment and devices shall not be reused or reinstalled
<br />unless such elements have been reconditioned, tested and
<br />placed in good and proper working condition and
<br />approved.
<br />[A] 104.75 Technical assistance. To determine the
<br />acceptability of technologies, processes, products, facili-
<br />ties, materials and uses attending the design, operation or
<br />use of a building or premises subject to inspection by the
<br />fire code official, the fire code official is authorized to
<br />require the owner or owner's authorized agent to provide,
<br />without charge to the jurisdiction, a technical opinion and
<br />report. The opinion and report shall be prepared by a qual-
<br />ified engineer, specialist, laboratory or fire safety specialty
<br />organization acceptable to the fire code official and shall
<br />analyze the fire safety properties of the design, operation
<br />or use of the building or premises and the facilities and
<br />appurtenances situated thereon, to recommend necessary
<br />changes. The fire code official is authorized to require
<br />design submittals to be prepared by, and bear the stamp of,
<br />a registered design professional.
<br />]A] 104.9 Modifiestions. Where there are practical difficul-
<br />ties involved in carrying out the provisions of this code, the
<br />fire code official shall have the authority to grant modifica-
<br />tions for individual cases, provided the fere code official shall
<br />first find that special individual reason makes the strict letter
<br />of this code impractical and the modification is in compliance
<br />with the intent and purpose of this code and that such modifi-
<br />cation does not lessen health, life and fire safety require-
<br />ments. The details of action granting modifications shall be
<br />recorded and entered in the files of the department of fire pre-
<br />vention.
<br />[Al 104.9 Alternative materials and methods. The previ-
<br />sions of this code are not intended to prevent the installation
<br />of any material or to prohibit any method of construction not
<br />specifically prescribed by this code, provided that any such
<br />alternative has been approved. The fire code official is autho-
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