Whenever in this building code, it is provided that an activity must be accomplished subject to the approval of, or at the direction of the department, or its chief code enforcement officer or any of its assistant code enforcement officers, the building code shall be construed to grant only that discretion which is necessary to determine whether provisions of this chapter have been fulfilled. The discretionary authority provided in this building code shall be used as follows:

    A.    Such discretionary authority shall be utilized to determine compliance with this building code.

    B.    Such discretionary authority shall not be utilized in an arbitrary, capricious or discriminatory manner.

    C.    Such discretionary authority shall not be utilized to impose greater restrictions than are required by this building code. (Prior code § 5-25)