§ 7-1-2 GENERAL.
   (A)   Title. These regulations shall be known as the “Apache Junction Division of Building Safety and Inspection Administrative Code,” may be cited as such, and will be referred to herein after, as “this chapter.”
   (B)   Scope. The provisions of this chapter shall serve as the administrative, organizational, and enforcement rules and regulations for the Technical Codes which regulate site preparation and construction, alteration, movement, enlargement, replacement, demolition, repair, maintenance, use, and occupancy of buildings, structures, and building service equipment or appurtenances attached thereto within the City of Apache Junction, Arizona. The intent of the Technical Codes is to establish the minimum requirements to safeguard the public health, safety, and general welfare of the occupants of new and existing buildings and structures through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
   (C)   Technical Codes.
      (1)   The basis for the codes adopted under this chapter were developed and published by a variety of national organizations. All referenced codes and referenced standards, listed or noted in the adopted codes, are adopted and applicable as prescribed in the respective articles.
      (2)   The following codes make up what will be referred to hereinafter as the “Apache Junction Technical Codes” or the “Technical Codes”. The associated published codes shall be deemed and interpreted to mean the specific Apache Junction Technical Code as listed below (the publisher is noted in parenthesis after the model code name):
         (a)   Building Code - the currently adopted version of the International Building Code (International Code Council “ICC”).
         (b)   Accessibility Code - The following statutes, regulations, and documents are adopted by reference as part of the city Building Code:
            1.   Americans With Disabilities Act - 42 U.S.C. Sections 12101 through 12213, 47 U.S.C. Sections 225 and 611 and the ADA Amendments Act of 2008 (P.L. 110-325; 122 Stat. 3553).
            2.   Arizonans with Disabilities Act (A.R.S. Title 41, Chapter 9, Article 8), as amended and its implementing rules, as amended (Arizona Administrative Code, Title 10, Chapter 3, Article 4).
            3.   ICC 117.1-2017 Standard, “Accessible and Usable Buildings and Facilities,” as published by the International Code Council.
            4.   “2010 ADA Standards for Accessible Design,” as published by the United States Department of Justice, Civil Rights Division.
               A.   Public entities, appendices B and D to 36 CFR 1191 (2009) and 28 CFR part 35.151 (2011).
               B.   Places of public accommodation and commercial facilities, appendices B and D to 36 CFR 1191 (2009) and 28 CFR 36.401 through 36.406 (2011).
         (c)   Residential Code - the currently adopted version of the International Residential Code for One and Two Family Dwellings (ICC).
         (d)   Electrical Code - the currently adopted version of the National Electrical Code (National Fire Protection Association “NFPA”).
         (e)   Plumbing Code - the currently adopted version of the International Plumbing Code (ICC).
         (f)   Mechanical Code - the currently adopted version of the International Mechanical Code (ICC).
         (g)   Fuel Gas Code - the currently adopted version of the International Fuel Gas Code (ICC).
         (h)   Fire Code - the currently adopted version of the International Fire Code (ICC).
         (i)   Existing Building Code - the currently adopted version of the International Existing Building Code (ICC).
         (j)   Commercial and Low-Rise Multi-Family Energy Code - the currently adopted version of the International Energy Conservation Code, (Commercial and Residential - both sections adopted) (ICC).
         (k)   Swimming Pool and Spa Code - the currently adopted version of the International Swimming Pool and Spa Code (ICC).
   (D)   The application of the Technical Codes shall be as follows:
      (1)   Building Code. The provisions of the Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures, except those buildings and structures covered by the Residential Code. (See Vol. I, Article 7-2).
      (2)   Accessibility Code. The provisions of Accessibility Code shall apply to new construction of public entity buildings and the new construction and alteration of public accommodation and commercial facilities so that buildings and facilities are readily accessible and usable by individuals with disabilities. (See Vol. I, Article 7-3).
      (3)   Residential Code. The provisions of the Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached 1- and 2-family dwellings, and attached single-family dwellings meeting the requirements for townhouses, not more than 3 stories above grade plane in height with separate means of egress, and their accessory structures. These provisions apply to building service equipment, connection to utilities, additions and accessory structures of park models. The Residential Code covers all components of a house, townhouse and related accessory structures, including but not limited to structural, energy, mechanical, electrical, plumbing and fuel gas components. (See Vol. I, Article 7-4).
      (4)   Electrical Code. The provisions of the Electrical Code shall apply to the installation and removal of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways; the design, construction, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of electrical systems, equipment, appliances, fixtures, fittings, and appurtenances. (See Vol. I, Article 7-5).
      (5)   Plumbing Code. The provisions of the Plumbing Code shall apply to commercial and industrial occupancies and cover the installation, alteration, repair, relocation, replacement, addition to, use and/or and maintenance of plumbing systems, including non-flammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems, and sanitary and condensate vacuum collection systems, roof top drainage systems, and equipment, appliances, fixtures, fittings, and appurtenances connected to a water or sewage system. (See Vol. I, Article 7-6).
      (6)   Mechanical Code. The provisions of the Mechanical Code shall apply to the design, installation, maintenance, alteration, repair, and replacement of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes. The Code regulates appliances, appliance venting, indoor air quality, duct and ventilation systems, exhaust systems, combustion air provisions, boilers, water heaters and pressure vessels, refrigeration, hydronic systems, fuel oil piping and storage, and solar thermal systems. (See Vol. I, Article 7-7).
      (7)   Fuel Gas Code. The provisions of the Fuel Gas Code shall apply to the installation of fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories. These requirements cover natural gas piping systems with an operating pressure of 125 pounds per square inch gauge (“psig”) or less, and for LP-gas with an operating pressure of 20 psig or less extending from the point of delivery to the outlet of the appliance shutoff valves, and the installation, connection to the pipe outlet, and operation of commercial and industrial gas appliances and related accessories. (See Vol. I, Article 7-8).
      (8)   Fire Code. Both the City of Apache Junction and the Superstition Fire and Medical District (“SFMD”) adopt a Fire Code. In order to properly and effectively address all the code requirements for new commercial and industrial construction, and work on existing buildings, the fire code must be adopted by the City of Apache Junction, as it contains complementary requirements to the Building Code. Both the City of Apache Junction and the SFMD may address similar issues in plan reviews for commercial and industrial projects. If a conflict arises, the city and SFMD will confer and provide a common interpretation. The Fire Code applies to regulations affecting or relating to structures, processes, premises and safeguards regarding the hazard of fire and explosion arising from the storage, handling, or use of structures, materials, or devices; from conditions hazardous to life, property, or public welfare in the occupancy of structures or premises; and matters related to the construction, extension, repair, alteration, or removal of fire suppression and/or alarm systems. (See Vol. I, Article 7-9).
      (9)   Existing Building Code.
         (a)   The provisions of the Existing Building Code may be applied to legally existing buildings proposed to undergo repair, alteration, addition, relocation, and/or a change of occupancy. The intent of the Existing Building Code is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety and welfare insofar as they are affected by the repair, alteration, addition, relocation and/or change of occupancy of an existing building.
         (b)   Approval by the Building and Safety Manager must be obtained prior to the use of the provisions of the existing building for a building, or portion of a building:
            1.   That has not been previously occupied,
            2.   That has not been used for its intended purpose, or
            3.   For which a certificate of occupancy has not been issued. (See Vol. I, Article 7-10).
      (10)   Commercial and Low-Rise Multi-Family Energy Code. The provisions of the Commercial and Low-Rise Multi-Family Energy Code (Commercial Provisions) apply to commercial buildings and the buildings’ sites and associated systems and equipment to regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of the building. The provisions of the Commercial and Low-Rise Multi-Family Energy Code (Multi-Family Residential) apply to Group R-2, and R-4, 3 stories and less in height, R-3 4 stories in height, and the buildings’ sites and associated systems and equipment to regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of the building, the energy efficiency of building thermal envelopes and installation of energy efficient mechanical, lighting and power systems. (See Commercial and Low-Rise Multi-Family Energy Code, Vol. I, Article 7-11).
      (11)   Swimming Pool and Spa Code. The provisions of the Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools, spas and aquatic recreation facilities covered by this Code are either permanent or temporary, and shall only be those that are designed or manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. (See Vol. I, Article 7-12).
   (E)   Appendices. Provisions in the appendices of the Technical Codes shall not apply unless specifically adopted.
   (F)   Definitions. Unless otherwise expressly stated, the following words and terms shall have the meanings as shown in this chapter. Definitions located in the Technical Codes are hereby incorporated into this chapter.
      ADDENDA. Changes to the released plans, or related construction documents, which impact the architectural plans, structural plans, trade plans or the design basis of a structure and are submitted after the issuance of the permit.
      BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
      BUILDING AND SAFETY MANAGER. The officer or other designated authority charged with the administration and enforcement of this Chapter and the Technical Codes, or a regularly authorized deputy or other designee. When the term or title administrative authority, building official, chief inspector, code enforcement officer, code official, gas official, plumbing official, mechanical official, responsible official, or other similar designation is used in this Chapter or in any of the Technical Codes, it shall be construed to mean the Building and Safety Manager.
      BUILDING, EXISTING. A building erected prior to the adoption of this Chapter or one for which a legal certificate of occupancy has been issued.
      BUILDING SERVICE EQUIPMENT. The plumbing, mechanical, electrical, fuel-gas, and elevator equipment including piping, wiring, fixtures, and other accessories which provide sanitation, power, lighting, heating, ventilation, cooling, refrigeration and/or fire suppression essential to the occupancy of the building or structure for its designated use.
      JURISDICTION. The official power to make legal and administrative decisions, which for the purposes of this Chapter is the City of Apache Junction, Arizona.
      MAINTAINED. Kept in appropriate condition and operation based on its original function; showing no signs of deterioration, alteration or failure.
      OWNER. The person, individual, firm, corporation, company, partnership, joint venture, association, estate, trust, receiver, organization or other legal entity, with legal title or equitable interest in a property.
      PERMIT. The official document issued electronically or hard copy by the Building and Safety Manager authorizing performance of a specified, legal activity.
      REVISIONS. Changes to the plans or related construction documents, that are not made to resolve plan review issues, and which impact the architectural plans, structural plans, trade plans or the design basis of a structure and are submitted prior to the issuance of the permit.
      SHALL. As used in this chapter and the Technical Codes “is mandatory.”
      SHELL BUILDING. A permitted commercial building or portion thereof, that when completed, cannot qualify for a certificate of occupancy. The shell includes the building thermal envelope, which must be completed under the shell building permit.
      TENANT IMPROVEMENT. Work performed by or on behalf of a tenant to complete a shell space, or in a completed building, or space within a building, that has previously received a certificate of completion or a certificate of occupancy.
(Ord. 1475, passed 6-19-2019)