1.2 Code Official Authority, Right of Entry, and Liability

Code Official Authority, Right of Entry, and Liability

The enforcement of the International Property Maintenance Code (IPMC) relies entirely on the designated authority—the code official. This role carries significant power, responsibility, and legal protection, provided the duties are executed properly and in good faith.

Section 103: Department of Property Maintenance Inspection

The code establishes the creation of an agency to handle enforcement. The executive official in charge of this agency is known as the code official. The code official is appointed by the chief appointing authority of the jurisdiction.

Deputies (IPMC 103.3)

In accordance with prescribed procedures, the code official is authorized to appoint deputies, such as technical officers, inspectors, plan examiners, and other employees. These deputies are authorized to exercise the powers of the code official in their absence or as delegated.

Section 104: Duties and Powers of the Code Official

The code official is the central figure in property maintenance enforcement, granted specific duties and powers by the IPMC.

General Authority (IPMC 104.1)

The code official is authorized and directed to enforce the provisions of the IPMC. The official has the authority to render interpretations of the code and to adopt policies and procedures in order to clarify the application of its provisions. Importantly, these policies and procedures must not have the effect of waiving requirements specifically provided for in the code.

Inspections (IPMC 104.2)

The code official is authorized to make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections must be in writing and be certified by a responsible officer of the approved agency.

Right of Entry (IPMC 104.3)

One of the most legally complex powers is the right of entry. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures, which extends to property inspections.

Where it is necessary to make an inspection to enforce the provisions of the code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of the code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform duties imposed by the code.

However, there are strict rules:

1. Occupied Properties: If the structure or premises is occupied, the code official must first present credentials and request entry.
2. Unoccupied Properties: If the structure or premises is unoccupied, the code official must first make a reasonable effort to locate the owner, owner's authorized agent, or other person having charge of the property and request entry.
3. Refusal of Entry: If entry is refused, the code official must have recourse to the remedies provided by law to secure entry. This typically means obtaining an administrative search warrant from a judge or magistrate. The official cannot force entry without a warrant unless there is an imminent, life-threatening emergency.

Identification (IPMC 104.4)

The code official must carry proper identification when inspecting structures or premises in the performance of duties under this code.

Notices and Orders (IPMC 104.5)

The code official is responsible for issuing all necessary notices or orders to ensure compliance with the code.

Section 105: Approval and Modifications

Sometimes strict compliance is impractical. The code official has mechanisms to handle these situations.

Modifications (IPMC 105.1)

Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official has the authority to grant modifications for individual cases. The code official must first find that a special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of the code, and that the modification does not lessen health, life, and fire safety requirements.

Alternative Materials and Methods (IPMC 105.2)

The code is not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by the code. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the code.

Liability and Legal Protection

A major concern for inspectors is personal liability. What happens if an inspector misses a defect and someone is injured, or if a property owner sues the inspector for an enforcement action?

Relief from Personal Liability (IPMC 103.4)

The code official, member of the board of appeals, or employee charged with the enforcement of the code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally.

Furthermore, the legal defense of any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the code shall be provided by the jurisdiction until the final termination of the proceedings.

This protection is contingent on two key factors:

1. Good Faith: The official must be acting honestly and with sincere intention.
2. Without Malice: The official cannot be acting out of spite, vindictiveness, or a desire to cause harm.