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A. Modifications. Whenever, in a given circumstance, there are practical difficulties involved in carrying out the provisions of Section 1.10.075, 1.10.080, or 1.10.085, the code official shall have the authority to grant modifications for that circumstance, provided the code official determines that a strict application of the provisions of this chapter is impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not reduce or impair health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the code official’s files. Any person who challenges or appeals a determination made by the code official pursuant to this subsection shall follow the appeal procedures in Section 1.14.070 and the challenge or appeal shall be based on an allegation that such officer has abused his/her discretion and that the determination of such officer is not consistent with the intent and purpose of this chapter.

B. Alternative Materials, Methods and Equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material or method of construction shall be approved by the code official, where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability and safety.

C. Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for the alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the city.

1. Test Methods. Test methods shall be specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official may approve an appropriate testing procedure performed by an approved agency.

2. Test Reports. Reports of tests shall be retained by the code official in accordance with the city’s adopted record retention policy.

(Ord. 2385 NCS §1 (part), 2010.)