(A) The Town Council has determined that the duties of the Building Commissioner shall be as follows:
(1) The Building Commissioner, as head of the Bureau of Buildings, shall have charge of the enforcement of the provisions of the town building code and of all ordinances, statutes, rules and regulations pertaining to the erection, construction, alteration, repair, condemnation, demolition or removal of buildings and structures, and of electric wiring, plumbing, heating installations, and piping in connection therewith, in the town or other territory authorized by law. He or she shall also perform all other duties imposed upon him or her by this code or by law.
(2) He or she shall keep, or cause to be kept, a record of all applications for permits, which shall be regularly numbered in the order of their issue; also a record showing the number, description and size of all buildings erected in the town during the term of office, of what material constructed, and of the aggregate of the number, kind and cost of all buildings constructed, and of the inspections, removal and condemnation of buildings, and all other matters proper to be recorded.
(3) It shall be the duty of the Building Commissioner, upon being served with a written notice requiring him or her to visit and inspect any building upon or in which work is being done, under any of the provisions of this code, to do so in person, or by his or her representative, within 48 hours from the time of receiving the notice.
(4) It shall be his or her duty to sign all certificates and notices required to be issued by him or her under this code, except as otherwise provided herein, to make complaint of all violations of the town building code, or of ordinances, statutes, rules and regulations referred to hereof, to the Town Council, to cause to be kept in proper books a record of all transactions of the office of the department and to submit to the Town Council a monthly statement of all transactions.
(B) The Town Council has determined that the powers of the Building Commissioner shall be as follows:
(1) The Building Commissioner shall have full discretionary power to pass upon any question arising under the provisions of this code relative to the matter of construction or materials to be used in the erection, alteration or repair of any building; provided, however, that should any question arise between the Commissioner and the owner or architect of any building, or should the owner or architect object to any order or decision of the Commissioner, the matter shall be referred to the Council and its decision shall be final and conclusive, unless any interested person files a written request for arbitration.
(2) The Building Commissioner, and his or her authorized assistants, are hereby given authority to enter any building, structure or premises in the town, in the performance of their duties, and to order and compel the immediate suspension and correction of any work completed, or being done, or planned to be done, in violation of the provisions of this code, and to prohibit the use of any defective or improper materials and to remove samples thereof for testing purposes, and to prohibit the maintenance or operation of any machinery, in all instances where so found to be in violation of the provisions of this code, or of any ordinances of the town, or statutes.
(3) (a) The Building Commissioner, and his or her regularly authorized assistants, are hereby given authority to make tests as may be necessary to determine the conditions, with respect to safety, of any building, material or machinery inspected by him, her or them, under the provisions of this code.
(b) The cost of the test(s) shall be borne by the owner, or his or her agent, or the Building Commissioner may require the owner or his or her agent to make test(s), as may be required, and a written statement to be furnished to the Building Commissioner of the nature and result(s) thereof.
(4) (a) The Building Commissioner, or his or her authorized assistants, shall procure materials from any building or repair job for test(s) at any time he, she or they are in doubt as to the strength of the materials.
(b) The materials shall be considered condemned and shall be destroyed by the Commissioner if he or she finds that the materials do not meet the standards required by this code or by any statutes.
(5) The Building Commissioner shall perform all duties of the office. The Commissioner's assistants shall perform during his or her absence.
(C) No person shall continue construction of any building, or use any materials or machinery in, on or about any building, or on any premises, after the Building Commissioner, or his or her regularly authorized assistants, have directed the suspension thereof, or changes therein.
(Ord. 92-520, passed 3-23-92)
