Section 103 of the IMC is amended to read as follows:

103.1 Creation of enforcement agency. The Division of Fire and Building Safety is hereby created in the Community Development Department for the purpose of enforcing this code and the official in charge thereof shall be known as the building official/fire marshal.

103.2 Appointment. The building official/fire marshal shall be appointed by the chief appointing authority of the City of Gig Harbor.

103.3 Deputies. In accordance with the prescribed procedures of the City of Gig Harbor and with the concurrence of the appointing authority, the building official/fire marshal shall have the authority to appoint an assistant building official/fire marshal, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official/fire marshal.

103.4 Liability. The building official/fire marshal, assistants and other officers and employees charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or omission in the discharge of official duties.

Any suit 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 this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official/fire marshal or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department, acting in good faith and without malice, shall be free from liability for acts performed under any of the provisions of this code or by reason of any act or omission in the performance of official duties in connection therewith.