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owning, operating or controlling any building or structure within its scope. No <br /> provision or term used in this Code is intended to impose any duty whatsoever <br /> upon the City or any of its officers or employees for whom the implementation or <br /> enforcement of this Code shall be discretionary and not mandatory. <br /> B. Nothing in this Code is intended to be nor shall be construed to create or form <br /> the basis for any liability on the part of the City or its officers, employees or <br /> agents, for any injury or damage resulting from the failure of a building to comply <br /> with the provisions of this Code, or by reason or in consequence of any <br /> inspection, notice, order, certificate, permission or approval authorized or issued <br /> or done in connection with the implementation or enforcement of this Code, or by <br /> reason of any action of the City related in any manner to the enforcement of this <br /> Code by its officers, employees or agents. <br /> C. Notwithstanding any language used in this Code, it is not intent of the Code to <br /> create a duty and/or cause of action running to any individual or identifiable <br /> person but rather any duty is intended to run only to the general public. <br /> Section 4: Section 109 amended—Board of Review <br /> Section 109 of the 2003 Edition of the International Mechanical Code is hereby a <br /> mended by deleting Section 109.1 through 109.7 and inserting the following: <br /> BOARD OF REVIEW: For the purpose of determining suitable alternate <br /> materials, alternate types and methods of construction and reasonable <br /> interpretations regarding the Uniform Mechanical Code, any person aggrieved by <br /> an order or action of the Building Official who does not have an enforcement <br /> procedure pending pursuant to Chapter 1.20 EMC, may file a written request with <br /> the City Clerk requesting a determination by the Board of Review. The aggrieved <br /> party must file such request within thirty calendar days from the date of receipt of <br /> the written order and shall cause to be made at his own expense, any tests or <br /> research required to substantiate the request. The Board shall not have any <br /> authority to waive the requirements of this Code, but may approve plans and a <br /> time frame for bringing an existing building into compliance with this Code's <br /> requirements, provided that time frame does not exceed one year. <br /> Section 5: <br /> Section 108 amended-- Violations <br /> Section 108 of the 2006 Edition of the International Mechanical Code is hereby <br /> amended by the addition of the following: <br /> A. A violation of the provisions of this Code shall be subject to the City's Civil <br /> Enforcement Procedures as set forth in Chapter 1.20 EMC and any person, firm or <br /> corporation who violates any provisions of this Code shall be subject to said <br /> enforcement procedures. Provided, however, notwithstanding language to the <br /> contrary, any violation citation issued concerning a violation of this Code shall be <br /> issued by the Building Official or his/her designee. <br /> B. Any person, firm or corporation who violates any provision of this Code shall <br /> be deemed guilty of a misdemeanor, and each such person, firm or corporation <br /> shall be deemed guilty of a separate offense for each and every day or portion <br /> thereof during which any violation of any of the provisions of this Code is <br /> committed, continued or permitted, and upon conviction of any such violation, <br /> -2- <br />