The representative of the Commissioner of Public
Works, designated as the Building Inspector, shall be a competent
architect, structural or civil engineer or superintendent of construction.
Wherever the Commissioner of Public Works is
referred to in this code, it shall be understood that he, or any of
his representatives, shall perform the duties mentioned therein.
A.
The Commissioner of Public Works is hereby authorized
and empowered to enforce this chapter and to supervise the construction,
equipment, alteration, repair, moving or demolition of all buildings
and other structures. He may and shall have authority to call upon
the Police Department for aid and assistance, and it shall be the
duty of the Police Department when so called upon to cooperate with
the Building Inspector in order to enforce the provisions of this
chapter.
B.
The Commissioner of Public Works, or any of his authorized
assistants, shall have the right to enter any premises or any building
or other structure for the performance of his duties.
C.
The Commissioner of Public Works or any of his authorized
assistants, or any member of the Police Department, is hereby authorized
to stop the work on any construction or alteration project when such
work is being conducted contrary to the provisions of this chapter.
Such stop order may be oral, but shall be followed within 24 hours
by a written stop order. It shall be unlawful to do any work, except
that necessary to prevent injury to persons or property, or to resume
operation after the issuance of a stop order except upon written notice
from the Commissioner of Public Works.
D.
The Commissioner of Public Works shall have authority
to approve the use of new materials or methods of construction for
which no specific provision is made in this chapter. Such approval
shall be given only after adequate tests have shown such materials
or methods to conform to the intent of this chapter. This approval
shall be given in written form and published as a special ruling of
the Commissioner of Public Works to govern future cases of a similar
kind.
Neither the Commissioner of Public Works nor
any of his assistants, when acting for the City of Middletown, New
York, in the discharge of his duties, shall be deemed to render himself
liable personally, and he is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any such act performed in the discharge of his duties. Any suit
brought against him because of any act performed by him in the enforcement
of any provision of this chapter shall be defended by the Corporation
Council of Middletown, New York, until the final termination of the
proceedings thereunder.
