Adoption. Effective July 1, 2022, there is herewith adopted, by reference, The International Building Code, 2021 Edition, as published by the International Code Council, adopted as a public record by Resolution No. R2022-03 of the Mayor and Council of the Town of Cave Creek by reference thereto, as fully and completely as if the terms thereof were fully set forth herein, in total, except as modified or changed as follows:
(A) Chapter 1, “Scope and Administration”, is hereby amended as follows:
(1) 101.1 Title. These regulations shall be known as the Building Code of the Town of Cave Creek, hereinafter referred to as “this code”. When there is a conflict between these provisions and those of another technical code, these provisions shall apply. Where there is an administrative provision contained in another technical code and not in this code, then the administrative provision of the technical code shall apply.
(2) 101.4.4 Property maintenance. Shall be deleted in its entirety.
(3) 102.6 Existing structures. Shall be amended as follows:
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code, or the International Fire Code.
(4) 102.6.2 Buildings previously occupied. Shall be amended as follows:
The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Fire Code or as deemed necessary by the building official for the general safety and welfare of the occupants and the public.
(5) 103.1 Creation of enforcement agency. Is hereby amended as follows:
The building and fire safety department is hereby created and the official in charge thereof shall be known as the chief building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(6) 105.2 Work exempt from permit. Is hereby amended as follows:
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet (11 m2) and the structure does not contain any electrical, plumbing or mechanical systems.
2. Fences not over 7 feet (2,134 mm) high unless being used as part of a pool barrier.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1,219 mm) in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground.
10 Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall, and do not require additional support.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet, 9 inches (1,753 mm) in height.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved, portable electrical equipment to approved, permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installation of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing.
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(7) 105.3.2 Time limitation of application. Shall be deleted in its entirety and replaced with the following:
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
(8) 105.5 Expiration. Shall be deleted in its entirety and replaced with the following:
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance as evidenced by a passed inspection, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced as evidenced by not passing an inspection. The building official is authorized to grant in writing one extension of time for a period of not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
(9) 109.4 Work commencing before permit issuance. Shall be deleted in its entirety and replaced with the following:
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee that shall be in addition to the required permit fees. This fee shall be equal to the amount of the permit and plan review fee required by the approved fees. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this code or other requirements, nor from the penalty prescribed by law.
(10) 109.6 Refunds. Shall be deleted in its entirety and replaced with the following:
1. The building official shall be permitted to authorize refunding of a fee paid hereunder that was erroneously paid or collected.
2. The building official shall be permitted to authorize refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. The building official shall be permitted to authorize refunding of not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
(B) Chapter 16. “Structural Design”, is amended as follows:
Table 1607.1. Shall be amended in block 26 to read as follows:
Occupancy or Use
| Uniform (psf) | Concentrated (lbs) |
26. Residential One- and two-family dwellings Uninhabitable attics without storage Uninhabitable attics with storage Habitable attics and sleeping areas Canopies, including marquees All other areas Hotels and Multifamily dwellings Private rooms and corridors serving them Public roomsa and corridors serving them | 10 40 40 20 40 40 100 |
(C) Chapter 31, “Special Construction”, is amended as follows:
3109. Swimming pools, spas, and hot tubs. Delete title and section in its entirety and replace with new title and section as follows:
3109 Swimming pool enclosures and safety devices.
3109.1 General:
Every swimming pool shall be completely enclosed by a permanent fence, wall or barrier to restrict access to the swimming pool from public property, from adjacent private property, and directly from all dwelling units or guest rooms located on the same premises as the swimming pool. These swimming pool enclosure and barrier detail requirements apply to all new swimming pools installed on or after the effective date of this ordinance, and to all additions, alterations, repairs or replacements made to existing swimming pool enclosures. All swimming pools installed before the effective date of this ordinance shall be completely enclosed as provided by previous ordinances since January 1, 1995.
Exceptions:
1. Swimming pools built on single-family residential property on or before the January 1, 1995, need not be retroactively fitted with a barrier between the dwelling and the pool, provided all occupants of the dwelling are at least six years of age or older. All other portions of the swimming pool enclosure shall be installed and maintained as required herein. This exception does not eliminate an owner’s responsibility for providing a temporary barrier or otherwise physically restricting visiting children’s direct access from the dwelling to the swimming pool. This exception shall expire and the required permanent barrier shall be retroactively installed between the dwelling and the swimming pool whenever one or more children under six years of age become residents of the property.
2. Aboveground swimming pools which have nonclimbable sides not less than 48 inches (1,219 mm) high above the adjacent ground level may be located on single-family residential property without a fence or barrier between the pool and the dwelling, provided any steps or ladder are either removable without the use of tools, or are designed to be secured in an inaccessible position with a lock or latch located not less than 54 inches (1,372 mm) above the adjacent ground level.
3109.1.1 Responsibility:
The property owner and any other person in charge of a swimming pool shall ensure that the required swimming pool enclosure, including all gates, doors, locks, latches and other portions of the barrier, are maintained safe and in good working order. No person shall alter or remove any portion of a swimming pool enclosure except to repair, reconstruct or replace the enclosure in compliance with this section.
3109.2 Barrier details:
Swimming pool barriers shall be installed as a permanent fence, a wall, a building wall or a combination thereof, which surround the swimming pool. The pool side of the barrier shall not be less than 20 inches (508 mm) from the water’s edge. The top of the barrier, including all gates and doors, shall not be less than 60 inches (1,524 mm) above the floor or underlying ground, measured on the exterior side of the enclosure.
There shall be no openings, holes or gaps in a swimming pool barrier large enough for a sphere 4 inches (102 mm) in diameter to pass through. Barrier fences or walls may not have handholds, footholds or horizontal members accessible from the exterior side of the enclosure. Horizontal members of fences shall be spaced not less than 45 inches (1,143 mm) apart, measured vertically, or shall be placed on the pool side of a fence that has no opening greater than 1.75 inches (44 mm) measured horizontally. Wire mesh or chain link fences may have a maximum mesh size of 1.75 inches (44 mm) measured horizontally.
Exception:
Barrier fences or walls not less than 54 inches (1,372 mm) in height, which existed on or before January 1, 1995, may be used for that portion of the required swimming pool enclosure that separates a swimming pool from dwellings located on the same premises as the pool, provided such barrier is kept in repair and is otherwise maintained in compliance with all other provisions of this section.
3902.2.1 Gates:
All gates in a swimming pool barrier shall be equipped to accommodate a locking device. All pedestrian access gates shall be self-closing and self-latching. All pedestrian access gates installed after January 1, 1995, shall open outward away from the pool. Gates other than pedestrian access gates need not be self-closing or self-latching when they are kept secured by a padlock or similar locking device. Gate latches shall be located not less than 54 inches (1,372 mm) above the underlying ground or shall otherwise be made inaccessible from the outside to small children.
3902.2.2 Doors:
All doors leading from a dwelling or guest room directly into a swimming pool enclosure shall be self-closing and self-latching, and shall be equipped with a locking device. When a simple latch is used, the release mechanism for the latch, or a secondary locking device, shall be located not less than 54 inches (1,372 mm) above the floor. A locking latch that uses a key, electronic opener, or integral combination lock may be located at any height on the door. Sliding doors shall not form part of a required barrier unless their self-closing and self-latching mechanism is specifically approved by the building official for this purpose.
3902.2.2.1 Alarms:
All doors with direct access to the pool may be equipped with an alarm that produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to temporarily deactivate the alarm or a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1,372 mm) above the threshold of the door. This alarm may be used in lieu of the door requirements listed above.
3902.2.3 Windows:
Emergency escape or rescue windows from sleeping rooms that face within a swimming pool enclosure shall be equipped with a latching device located not less than 54 inches (1,372 mm) above the floor. All other dwelling unit or guest room windows facing within a swimming pool enclosure shall be equipped with a screwed-in-place wire mesh screen, a keyed lock that prevents opening the window more than four inches, or a latching device located not less than 54 inches (1,372 mm) above the floor.
3902.2.4 Safety covers:
A key-operated, motorized safety cover that complies with ASTM ES 13-89 may be used to meet the requirements of this section for a barrier between a single-family dwelling and a swimming pool accessory to that dwelling, provided all other portions of the swimming pool enclosure are installed and maintained as required herein. The keyed pool cover switch shall be located not less than 54 inches (1,372 mm) above the floor or adjacent ground level, and where the entire pool can be visually inspected during cover operation.
(Ord. O2011-13, passed 11-21-11; Am. Ord. O2014-04, passed 5-5-14; Am. Ord. O2018-08, passed 11-19-18; Am. Ord. O2022-01, passed 3-21-22)
Cross-reference:
Nuisances; adoption of Uniform Code for the Abatement of Dangerous Buildings, see § 91.01