(A) Effective date. This chapter and the Technical Codes shall apply to, and shall govern, permit applications received and accepted by the Building and Safety Manager 30 days after Ordinance No. 1475 amending Apache Junction City Code, Volume I, Chapter 7: Buildings is signed by the Mayor and made available to the public.
(B) Conflicting provisions. When conflicting provisions or requirements occur between this chapter, the Technical Codes, and other codes or laws, the most restrictive shall govern. When conflicts occur between the Technical Codes, those provisions providing the greater safety to life as determined by the Building and Safety Manager and the Fire Marshal shall govern. In other conflicts where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern. Where, in a specific case, different sections of the Technical Codes specify different materials, methods of construction, or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(C) Other laws. The provisions of this chapter and the Technical Codes shall not be deemed to nullify any provisions of the Apache Junction City Code, state, or federal laws.
(D) Application of references. References to article or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such article, section, or provision of this chapter or the Technical Codes.
(E) Referenced codes and standards. The codes and standards referenced in this chapter or the Technical Codes shall be considered part of the requirements of this chapter and the Technical Codes to the prescribed extent of each reference. Where differences occur between provisions of this chapter or the Technical Codes and the referenced codes and standards, the provisions of this chapter and the Technical Codes shall apply.
(F) Partial invalidity. In the event any part or provision of this chapter or the Technical Codes is held to be invalid, illegal, unconstitutional, or void, such ruling shall not affect the validity of the remaining portions of this chapter or the Technical Codes.
(G) Additions, alterations, and repairs. Provided the existing building and building service equipment have been properly maintained, and any alterations have been done with appropriate permits and inspections, additions, alterations, or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of this chapter and the Technical Codes. The addition, alteration, or repair shall conform to the requirements for a new building or building service equipment and shall not overload or render unsafe existing conditions or equipment. (See Existing Building Code, Vol. I, Article 7-10).
(H) Existing installations. Building service equipment lawfully in existence, and properly maintained, at the time of the adoption of the Technical Codes may have its use, maintenance or repair continued if the use, maintenance or repair, is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment.
(I) Existing Occupancy. The legal occupancy of any building or structure existing on the date of the adoption of this chapter shall be permitted to continue without change, provided such continued use is not dangerous to life, health, and safety, the building or structure and the building service equipment are properly maintained and unaltered or altered and approved under permit and inspection, as determined by the Building and Safety Manager. Issuance of the applicable certificate of occupancy for commercial or a certificate of completion for residential establishes an existing occupancy.
(J) Maintenance. Buildings, structures, and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. Building service equipment shall be maintained to function as originally installed or in a safer or more code compliant fashion. Devices or safeguards, required by the Technical Codes, shall be maintained in conformance with the Technical Code under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of building structures and their building service equipment. To determine compliance with this section, the Building and Safety Manager may cause a structure or building service equipment to be re-inspected.
(K) Moved or relocated buildings. Buildings, structures, and their building service equipment moved into or within this jurisdiction shall comply with the provisions of the Technical Codes for new buildings or structures and their building service equipment, or as specified by the Building and Safety Manager.
(L) Temporary structures. The Building and Safety Manager is authorized to issue a permit for temporary structures and temporary uses. Such permits must be limited as to time of service, and cannot exceed 180 calendar days. The Building and Safety Manager is authorized to grant extensions for demonstrated good cause. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
(M) Mixed occupancies. Where a building contains both residential and commercial occupancies, each occupancy shall be separately considered and meet the applicable provisions of Commercial and Low-Rise Multi-Family Energy Code and the Residential Code or Building Code.
(N) Low energy use buildings. The following buildings, or portions thereof, separated from the remainder of the building by “building thermal envelope assemblies” complying with the Commercial and Low-Rise Multi-Family Energy Code shall be exempt from the thermal building envelope provisions of the Commercial and Low-Rise Multi-Family Energy Code:
(1) Those with a peak design rate of energy usage less than 3.4 BTU/H-FT
2 (10.7 W/M2) or 1.0 WATT/FT2 (10.7 W/M2) of floor area for space conditioning purposes.
(2) Those that do not contain conditioned space. (Permanent installation of an evaporative cooler does not create conditioned space.)
(O) Historic buildings.
(1) Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of a building, structure, or its building service equipment may be made without conforming to the requirements of the Technical Codes when authorized by the Building and Safety Manager, provided:
(a) The building or structure has been designated by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance; and
(b) Unsafe conditions as described in this chapter are corrected; and
(c) The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety, and sanitation than the existing building as determined by the Building and Safety Manager.
(2) Any building or structure that is listed in the State or National Register of Historic Places; is designated as a historic property or under local or state designation law or survey; is certified as a contributing resource with a National Register listed or locally designated historic district or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the keeper of the National Register of Historic Places, is exempt from the Energy Code.
(P) Appeals. Orders, decisions, or determinations made by the Building and Safety Manager and his or her designee may, within 30 calendar days of the receipt of the notice of the decision, be appealed to the Construction Board of Appeals, in accordance with Vol. I, § 7-1-5.
(Ord. 1475, passed 6-19-2019)