Effective July 1, 2022, there is herewith adopted, by reference, The International Existing 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:
Chapter 1, “Scope and Administration”, is hereby amended as follows:
(A) 101.1 Title.
These regulations shall be known as the Existing 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.
(B) 101.4.2 Buildings previously occupied.
The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.
(C) 103.1 Creation of agency.
The building and fire safety department is hereby created and the official in charge thereof shall be known as the chief building official, also referred to as “the code official” in this code. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(D) 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 code 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.
(E) 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 code 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.
(F) 108.4 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.
(G) 108.6 Refunds. Shall be deleted in its entirety and replaced with the following:
1. The code official shall be permitted to authorize refunding of a fee paid hereunder that was erroneously paid or collected.
2. The code 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 code 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.
(Ord. O2011-13, passed 11-21-11; Am. Ord. O2018-08, passed 11-19-18; Am. Ord. O2022-01, passed 3-21-22)