(A) Adoption. There is hereby adopted by reference in Resolution 21-162, that certain document known as Chapter 1 Scope and Administration of the International Building Code, 2018 Edition, as published by the International Code Council. Said document is hereby amended and adopted as the Administrative Building Code for the Town of Dewey-Humboldt for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions, and terms of the Dewey- Humboldt Arizona Building and Construction Codes, April 2021. Providing procedures for enforcement thereof; providing the severability of each and all conditions and terms of the Dewey- Humboldt Administrative Building Code are hereby referred to, adopted, and made a part hereof as set forth herein, excepting such portions as are hereinafter deleted, modified or amended as set forth below.
(B) (1) Amendments.
CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION 101 — GENERAL
SECTION 101.1 — Title is deleted in its entirety and revised to read as follows:
101.1 — Title. These regulations shall be known as the Dewey-Humboldt Administrative Building Code for the areas of Dewey-Humboldt, hereinafter referred to as "this code."
SECTION 101.2 — Scope is hereby amended by deletion of Exceptions and insertion of new Exceptions to read as follows:
Exceptions. Except as specifically limited or exempted, this code and the technical codes shall apply to all construction within the areas of Dewey-Humboldt:
1. Federal Land. Private development on Federal land shall not be exempted.
2. Indian Tribal Land.
3. Items pursuant to A.R.S. § 11-865.
A. The provisions of this article shall not be construed to apply to:
1. Construction or operation incidental to construction and repair to irrigation and drainage ditches or appurtenances thereto, of regularly constituted districts or reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture or stock or poultry raising, or clearing or other work upon land in rural areas for fire prevention purposes.
2. Devices used in manufacturing, processing, or fabricating normally considered as involved in industry and construction, operation and maintenance of electric, gas or other public utility systems operated by public service corporations operating under a franchise or certificate of convenience and necessity.
B. Notwithstanding of this subsection A, of this section, the requirements of this article apply to the use or occupation of land or improvements by a person or entity consisting of or including changing, remanufacturing or treating human sewage or sludge for distribution or resale.
4. Live/work units complying with the requirements of the adopted Building Code as referenced herein shall be permitted to be built as detached one- and two-family dwellings or multiple single-family dwellings (townhouses) in accordance with the adopted Residential Code as referenced herein.
5. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the adopted Residential Code as referenced herein.
6. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the adopted Residential Code as referenced herein.
SECTION 101.2.1 — Appendices. Is hereby deleted in its entirety and revised to read as follows:
101.2.1 — Appendices. Provisions in the appendices shall not apply unless specifically adopted by ordinance for each referenced technical code.
SECTION 101.2.2 — Amendment. Is hereby added as an additional section to read as follows:
101.2.2 — Amendment. This document and the referenced technical codes may be amended from time to time by ordinance.
SECTION 101.4 — Referenced codes is hereby deleted in its entirety and revised to read as follows:
101.4 — Referenced technical codes. The technical codes listed in Sections 101.4.1 through 101.4.13 and referenced elsewhere in this code and as adopted by Dewey-Humboldt shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 — Building Code. The provisions of the 2018 Edition of the International Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of buildings or structures or any appurtenances connected or attached to such buildings or structures.
101.4.2 — Electrical Code. The provisions of the 2017 Edition of the National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.3 — Gas Code. The provisions of the 2018 Edition of the International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These regulations apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.4 — Mechanical Code. The provisions of the 2018 Edition of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilation heating, cooling, air conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.5 — Plumbing Code. The provisions of the 2018 Edition of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
101.4.6 — Fire Protection (Fire Codes). The provisions of adopted fire codes as enforced by Central Arizona Fire and Medical Authority having approved authorization granted by the State of Arizona Office of the State Fire Marshall shall apply to matters affecting or relating to fire prevention. Such current regulations and ordinances shall apply to matter affecting or relating to structures, processes and premises from 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 from construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarms systems or fire hazards in the structure or on the premises from occupancy or operation. These provisions as hereby amended for fire prevention shall also apply to detached one- and two-family dwelling and multiple single-family dwelling and their accessory structures.
101.4.7 — Energy Code. The provisions of the 2006 Edition of the "International Energy Conservation Code" as adopted and amended in § 150.10 of the Town of Dewey-Humboldt Code of Ordinances and Town of Dewey-Humboldt Ordinance 09-48 shall apply to all matters governing the design and construction of building for energy efficiency.
101.4.8 — Flood Control Code. The provisions of ordinances and regulations are applicable to the Yavapai County Flood Control District shall apply to all matters affecting flooding. All references as may be noted within the technical codes as adopted by Dewey-Humboldt Building Safety that pertain to flooding - flood control projects - flood resistant construction - flood hazard areas shall be controlled and regulated by the Yavapai County Flood Control District.
101.4.9 — Residential Code. The provisions of the 2018 Edition of the International Residential Code for One-and Two-Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment use and occupancy, location, removal and demolition of detached one-and two- family dwellings and multiple single-family dwellings (townhouses) and their accessory structures.
101.4.10 — Grading Code. The provisions of Ordinance 2021-09 - Dewey-Humboldt Grading Ordinance shall apply to excavation, grading, and earthwork construction, including fills, and embankments pertaining to all aspects of grading construction on private property.
101.4.11 — Existing Building Code. The provisions of the 2018 Edition of the International Existing Building Code shall apply to the repair, change of occupancy, and relocation of existing buildings and structures.
101.4.12 — Swimming Pool Code. The provisions of the 2018 Edition of the "International Swimming Pool and Spa Code" and A.R.S. § 36-1681 shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic vessels.
SECTION 102 — APPLICABILITY AND DEFINITIONS
SECTION 102.4.1 — Conflicts is hereby amended by the addition of the following exception to read as follows:
102.4.1 — Conflicts.
Exception: Where enforcement of any code provision would violate the conditions of approved listings of equipment or material, the conditions of the listing and the manufacture's installation instructions of listed equipment or material may be considered by the building official.
SECTION 102.6 — Existing Structures is deleted in its entirety and revised to read as follows:
102.6 — Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
SECTION 102.7 — Existing Building Systems is hereby added as a new section to read as follows:
102.7 — Existing Building Systems. Plumbing, fuel gas, mechanical or electrical systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created by such existing systems.
SECTION 102.8 — Additions, Alterations or Repairs is hereby added as a new section to read as follows:
102.8 — Additions, Alterations or Repairs. Additions, alterations or repairs to any structure or mechanical, plumbing, fuel gas or electrical systems shall conform to the requirements for a structure or system without requiring the existing structure or system to comply with all requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure or system to become unsafe, hazardous, overloaded or adversely affect the performance of the structure or system.
SECTION 102.9 — Historic Buildings is hereby added as a new section to read as follows:
102.9 — Historic Buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing building or structures identified and classified by the state as historic building or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings.
SECTION 102.10 — Change in Occupancy is hereby added as a new section to read as follows:
102.10 — Change in Occupancy. It shall be unlawful to make a change in the occupancy of any structure which will subject the structure to any special provisions of this code applicable to the new occupancy without approval. The building official shall certify that such structures meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such a change of occupancy does not result in any hazard to the public health, safety or welfare.
SECTION 102.11 — Moved Buildings is hereby added as a new section to read as follows:
102.11 — Moved Buildings. Except as determined by section 102.7, plumbing, fuel gas, mechanical, or electrical systems that are a part of buildings or structures moved into or within the jurisdiction shall comply with provisions of this code for new installations.
SECTION 102.12 — Maintenance is hereby added as a new section to read as follows:
102.12 — Maintenance. Mechanical, Plumbing, Fuel Gas and Electrical systems, both existing and new, and parts thereof shall be maintained in proper operational condition in accordance with the original design and in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of all systems. To determine compliance with this provision, the building official shall have the authority to require a system to be inspected.
SECTION 102.13 — Definitions is hereby added as a new section to read as follows:
102.13 — Definitions. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this section. The definition within the specific adopted technical codes shall be construed to apply to that code. Where terms are not defined through the methods authorized by this section, such terms shall have the ordinarily accepted meaning such as the context implies. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meaning.
ADDITION — An extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE BUILDING CODE — The Dewey-Humboldt Administrative Building Code as set forth within Ordinance 21-159, as adopted by this Jurisdiction.
APPROVED — Acceptable to the building official or authority having jurisdiction.
APPROVED AGENCY — An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the building official.
BASEMENT, UNFINISHED — An unheated portion or area not intended as a habitable space and limited to storage, housing of mechanical equipment, general work area or similar uses. If there is plumbing in this area, it will be limited to capped rough-in plumbing drains, floor drains, and water and drain lines serving mechanical equipment. There will be no other framing for interior walls other than as required for structural support. The area will not be insulated other than the ceiling/floor separation. The ceiling height may be as low as six feet eight inches except under beams, girders, ducts or other obstructions where the clear height may be not less than six feet four inches. Heated spaces will be considered "finished" and constructed to comply with the applicable codes. Unfinished basements must also conform to Section E3901.9 and E3902.5 of the International Residential Code for minimal electrical requirements.
BEDROOM — A room intended for sleeping that contains an approved means of egress, a smoke detector, and a closet. and noted on plans as such.
BUILDING — Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE — The International Building Code as published by the International Code Council, as adopted by this jurisdiction.
BUILDING, EXISTING — Any building erected prior to the adoption of this code, or one for which a legal building permit has been issued.
BUILDING OFFICIAL — The officer or other designated authority charged with the administration and enforcement of this code, or duly authorized representative.
CARPORTS — A covered structure intended for parking of a vehicle. Carports shall be open on not less than two sides. Carport not open on two or more sides shall be a garage and shall comply with the provisions of this section for garages.
COMMERCIAL PROJECTS — Any commercial buildings, industrial buildings, assembly buildings, and multi- family residential structures not defined as a townhouse greater than a duplex.
CONDOMINIUM — Means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
DETACHED BUILDING — A stand-alone structure that is separated from other structures on the same property without fire resistant constructed exterior walls with a physical separation that complies with the requirements of Section 503.1.2 and Table 602 of the Building Code and Section R302 of the Residential Code as referenced herein. No physical attachments to other structures on the same property are permitted.
ELECTRICAL CODE — The National Electrical Code published by the National Fire Protection Association, as adopted by this jurisdiction.
EXISTING BUILDING CODE — The International Existing Building Code, published by the International Code Council, as adopted by this jurisdiction.
FUEL GAS CODE — The International Fuel Gas Code, published by the International Code Council, as adopted by this jurisdiction.
GARAGE — An enclosed building or indoor area for parking motor vehicles.
GRADING — Any excavating, filling, or combination thereof for earthwork construction as covered within the grading ordinance as adopted by this jurisdiction.
JURISDICTION — The governmental unit that has adopted this code under due legislative authority.
MECHANICAL CODE — The International Mechanical Code published by the International Code Council, as adopted by this jurisdiction.
OCCUPANCY — The purpose for which a building, or part thereof, is used or intended to be used in compliance with adopted codes.
OWNER — Any person, agent, firm or corporation having a legal or equitable interest in the property.
PERMIT — An official document or certificate issued by the authority having jurisdiction which authorizes performance of a specified activity.
PERSON — An individual(s), heir(s), executor(s), administrator(s) or assign(s), and also includes a firm, partnership or corporation, its or their successor(s) or assign(s), or the agent(s) of any of the aforesaid.
PLUMBING CODE — The International Plumbing Code, published by the International Code Council, as adopted by this jurisdiction.
REPAIR — The reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance.
RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS — The International Residential Code for one- and two family dwellings, published by the International Code Council, as adopted by this jurisdiction.
SHALL — The term, when used in this code, is construed as mandatory.
STRUCTURE — That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
TECHNICAL CODES — Those codes adopted by this jurisdiction containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and building service equipment as herein defined.
TOWNHOUSE — A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with a yard or public way (open space) on at least two sides. Such are not more than three stories above grade plane in height with a separate means of egress to each unit.
TRAILER (PARK MODEL) — A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up, and manufactured to comply with ANSI A119.5 standards, except that it does not include recreational vehicles, travel trailers, campers or fifth wheel trailers.
VALUATION or VALUE — The total estimated cost to replace, repair, build, or erect any building and its building service equipment in kind, based on current construction costs.
SECTION 102.14 — Guideline manuals is hereby added as a new section to read as follows:
102.14 — Guideline manuals. Guideline manuals as published by the International Code Council, Inc. and The National Fire Protection Association, Inc. as commentaries, handbooks, inspection guides, plan review guides, training manuals and other such reference publications may be used by the building official as guidance to provide alternative approaches to achieve compliance and interpretations of the technical codes.
SECTION 104 — DUTIES AND POWERS OF BUILDING OFFICIAL
SECTION 104.5 — Identification is hereby deleted in its entirety and revised to read as follows:
104.5 — Identification. The building official and appointed deputies shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
SECTION 104.7 — Department records is hereby amended by the revision of the first sentence to read as follows:
104.7 — Department records. The building official shall have access to official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued.
SECTION 104.10.1 — Flood Hazard Areas is hereby deleted in its entirety and revised to read as follows:
104.10.1 — Flood Hazard Areas. Flood Hazard Areas relating to all new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures shall be enforced and regulated jointly by Yavapai County Flood Control District and the Town of Dewey-Humboldt.
SECTION 105 — PERMITS
SECTION 105.1.1 — Annual permit is hereby deleted in its entirety.
SECTION 105.1.2 — Annual permit records is hereby deleted in its entirety.
SECTION 105.2 — Work exempt from permit is hereby deleted in its entirety and amended to read as follows:
105.2 — Work exempt from permit. A permit shall not be required for the types of work in each of the separate classes of permits as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or ordinances of this jurisdiction. These exemptions do not apply to commercial projects.
NOTE: Work exempt from a permit pursuant to this section shall apply ONLY to Building Safety. Other Town Departments may have permit requirements for these exemptions.
Building permits. A building permit shall not be required for the following:
1. One-story, NON- HABITABLE detached accessory buildings on residential properties used as tool and storage sheds, playhouses, animal shades, barns, and similar uses, provided the area does not exceed 400 square feet under roof and not to exceed a height of 12 feet from natural grade to the mean roof height. The site of the accessory building must meet all set back requirements. Detached accessory buildings SHALL NOT be considered or used as habitable space. UTILITY; electrical only with a separate electrical permit, "no mechanical systems or plumbing" permitted in a detached accessory building. Detached accessory building that use other than a tool - storage sheds, playhouse , animal shade, barns and similar uses and with two or more permit will required a building permit.
2. Freestanding Masonry or Concrete walls not over four feet high (measured from natural grade) on residential properties used as garden/privacy wall.
3. Fences not over six feet high, not including masonry or concrete walls. Fence height measured on both sizes.
4. Oil derricks.
5. Movable cases, counters and partitions not over five feet nine inches high.
6. Retaining walls, which are not over 32 inches in height, measured from the top of the footing to the top of the wall. All retaining walls which support a surcharge or fill exceeding a maximum of 2 to 1 slope or impounding flammable liquids will require a building permit.
7. Watertanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
8. Uncovered Decks not exceeding 200 square feet (18.58 m2
) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 of the International Residential Code.
9. Remodels (non-structural and no increase in square footage or plumbing, electrical, and mechanical) on residential properties. This includes painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
10. Temporary motion picture, television and theater stage sets and scenery where the public is not to attend.
11. Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies which do not project more than 54 inches from the exterior wall and do not require additional support.
12. Portable swimming being less than 18 inches in water depth which are drained and filled daily and NOT connected to a circulation system when used as an accessory on single family residential property.
13. Membrane structures constructed for nursery or agricultural purposes and not including service systems on residential properties not to exceed 400 square feet.
14. Swings and other playground equipment accessory to detached one- and two-family dwellings.
15. Re-roofing (like for like no sheathing replacement and no more than two layers) on residential properties.
16. Concrete flat work (driveways, walkways and pads) not be used in connection with a structural component on residential properties.
17. Nonfunctional, decorative windmills that do not exceed 25 feet.
18. Flag Poles: (a) ground mounted on residential properties and (b) that its reclining length, in case of collapse, would or (c) a height of 20 feet whichever is less. Completing an application for a Zoning Clearance is waived unless the subject residential property I within a FEMA delineated floor area. Any electrical to pole for lighting and the like will require a separate electrical permit.
19. Decks, the walking surface of which is not more than 30" inches above the surrounding grade and less than 120 sq. ft. of surface area.
Plumbing permits. A plumbing permit shall not be required for the following:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however; that if any concealed trap, drainpipe, 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 such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
Electrical permits. An electrical permit shall not be required for the following:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefore.
3. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.
4. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
5. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
6. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
7. 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 installations of towers and antennas.
8. 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.
9. The wiring for temporary theater, motion picture or television stage sets where the public is not to attend.
10. Low-energy power, controls and signal circuit of Class II and Class III as defined in the Electrical Code.
11. Items as listed per Article 90.2 SCOPE (B) Not Covered in the 2017 National Electrical Code as adopted by the jurisdiction.
Mechanical permits. A mechanical permit shall not be required for the following:
1. A portable heating appliance.
2. Portable ventilation appliances and equipment.
3. A portable cooling unit.
4. Steam, hot water or chilled water piping within any heating or cooling equipment or appliances regulated by this coed.
5. The replacement of any minor part that does not alter the approval of equipment or an appliance or make such equipment or appliance unsafe.
6. A portable evaporative cooler.
7. Self-contained refrigeration systems that contain ten pounds (4.5kg) or less of refrigerant or that are actuated by motors of one horsepower (0.75 kW) or less.
8. Portable fuel cell appliances that are not connected to a fixed piping system and not interconnected to a power grid.
Fuel Gas permits. A fuel gas permit shall not be required for the following:
1. Any portable heating appliance.
2. Replacement of any minor part of equipment that does not alter approval of such equipment or make such equipment unsafe.
SECTION 105.3.2 — Time limitation of application is hereby deleted in its entirety and revised to read as follows:
105.3.2 — Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing and such application shall be expired. The building official is authorized to grant one extension of time of up to 180 additional days. The extension shall be requested in writing and justifiable cause demonstrated.
SECTION 105.5 — Expiration is hereby deleted in its entirety and revised to read as follows:
105.5 — Expiration. Every permit issued shall become invalid unless the work authorized by such permit has commenced within 180 days after its issuance and a valid inspection or subsequent valid inspection as detailed by Section 110 is obtained every 180 days thereafter. The building official is authorized to grant up to one extension of time for a period of not more than 180 days. All requests for extensions shall be in writing prior to permit expiration and with justifiable cause demonstrated. Every permit issued shall become invalid within two and one-half years from the issued date including all extensions of time. An expired permit shall only be renewed once provided no changes have been made or will be made in the original issued construction documents and the renewal application is submitted within one year of the expiration date.
SECTION 105.7 — Placement of permit is hereby amended by insertion of a new sentence at the end of this section to read as follows:
105.7 — Placement of permit. The issued premise identification placard (orange card) shall be conspicuously posted on site and be maintained until the completion of the project.
SECTION 105.8 — Responsibility is hereby added as a new section to read as follows:
105.8 — Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, fuel gas, mechanical or plumbing systems for which this code is applicable, to comply with this code.
SECTION 107 — SUBMITTAL DOCUMENTS
SECTION 107.1 — General hereby amended by deletion of the first paragraph in its entirety and revised to read as follows:
107.1 — General. Submittal documents consisting of construction documents, plans, specifications, engineering calculations, diagrams, geotechnical soil reports, statements of special inspections, and other data shall be submitted in two or more sets with each permit application. The construction documents for all disciplines shall be prepared by an Arizona licensed registrant when the building is regulated by the rules and regulations of the Arizona State Board of Technical Registration to require sealed plans by a qualified licensed registrant. The building official may require the applicant submitting construction documents to demonstrate that state law does not require that the documents be prepared by an Arizona licensed registrant. Where special conditions exist, the building official is authorized to require construction documents to be prepared by an Arizona licensed registrant.
SECTION 107.2.1 — Information on construction documents is hereby deleted in its entirety and revised to read as follows:
107.2.1 — Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material.
Electronic media documents are permitted to be submitted when prior approval is obtained from the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.
107.2.1 — Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when prior approval is obtained from the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.
SECTION 107.2.2 — Fire protection system shop drawings is hereby deleted in its entirety and revised to read as follows:
Section 107.2.2 — Fire Protection Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to the Authority Having Jurisdiction (AHJ) as determined by Central Arizona Fire and Medical Authority section 101.4.7 "Fire Protection (Fire Codes)" of this code for review and shall be approved by the AHJ prior to the start of system installation. The building official shall receive official notification of such approval prior to continued inspections of work in areas where fire protection system(s) are required.
SECTION 107.2.6 — Site plan is deleted in its entirety and revised to read as follows:
107.2.6 — Site plan. The construction documents submitted with the application for a permit shall be accompanied by a site plan drawn to a defined scale showing the size and locations of all new construction and existing structures on the site, distances from all lot lines, the existing (native) and proposed final grade contour intervals, building pad elevations, finished floor elevations, drainage flow directions, utility line locations (water, gas, sewer, septic, and electrical) and cut and fill amounts of any grading. In the case of demolition, the 8 ½" x 11" plot plan shall show structure(s) to be demolished and the location and size of existing structure(s) to remain on the property. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
SECTION 107.2.5.1 — Design flood elevations is hereby deleted in its entirety.
SECTION 107.2.5.2 — Manufacturer's Installation Instructions is hereby added as a new section to read as follows:
107.2.5.2 — Manufacturer's Installation Instructions. Manufacturer's Installation Instructions, as required by this code, shall be available on the job site at the time of inspection.
SECTION 107.3.3 — Phased approval is hereby deleted in its entirety.
SECTION 107.3.4.1 — Deferred submittals is hereby amended by addition to the 1st paragraph to read as follows:
107.3.4.1 — Deferred submittals. Deferred submittals of this code shall apply to all buildings, EXCEPT detached one- and two-family dwellings and their accessory structures as defined under the provisions of the International Residential Code as adopted by this jurisdiction.
SECTION 109 — Fees is hereby deleted in its entirety and revised to read as follows:
SECTION 109 — FEES
109.1 — Payment of fees. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by this jurisdiction.
109.2 — Schedule of permit fees. Pursuant to A.R.S. § 11-863.C., valuations shall be assigned, and fees shall be assessed in accordance with the current valuation and fee schedule recommended and approved by the Dewey-Humboldt Town Council.
The value to be used in computing the building permit fee and building plan review fee shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and other permanent equipment.
109.3 — Plan review fees. When submittal documents are required by Section 107, a deposit shall be paid at the time documents are submitted for plan review. Said deposit shall be as shown in the Valuation and Fee Schedule adopted by the Dewey-Humboldt Town Council.
The plan review fees for electrical, mechanical and plumbing work shall be as shown in the Valuation and Fee Schedule adopted by the Dewey-Humboldt Town Council.
The plan review fee for grading work shall be as shown in the Valuation and Fee Schedule adopted by the Dewey-Humboldt Town Council.
The plan review fees specified in this section are separate fees from the permit fees specified in Section 109 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate shown in the Valuation and Fee Schedule adopted by the Dewey-Humboldt Town Council.
109.4 — Work commencing before permit issuance. 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 established by the building official that shall be in addition to the required permit fees.
109.5 — Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation may be made prior to a permit being issued for such work.
Exception: Repairs performed in an emergency situation where the application was submitted the next business day.
109.5.1 — Investigation Permit Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the Valuation and Fee Schedule adopted by Dewey- Humboldt Town Council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code; the technical codes, and from the penalty prescribed by law.
109.6 — Related Fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
109.7 — Fee Refunds. The building official may authorize refunding of a fee paid hereunder, which was erroneously paid or collected.
The building official may authorize refunding the greater of $25 or 25% of the building permit fee paid when no work and no inspections have been done under a permit issued in accordance with this code.
The building official may authorize refunding the greater of $10 or 25% of plumbing, electrical, and mechanical fees paid when no work and no inspections have been done under a permit issued in accordance with this code.
The building official may authorize refunding a plan review fee for a permit withdrawn after a deposit fee has been paid at the greater of the per-hour charge rate (minimum of one hour) or the calculated plan review fee. No refund of plan review fees is authorized once plan review on a plan has begun.
The building official shall not authorize the refunding of any fee paid except upon written application filed by the original applicant no later than 180 days after the date of fee payment. The time limit for a request for refund shall be extended in conjunction with an application/ approved permit extension for permits with no construction begun, not to exceed one year.
SECTION 110 — Inspections is deleted in its entirety and revised to read as follows:
SECTION 110 — INSPECTIONS
110.1 — General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
A survey of the property, as done by an Arizona licensed surveyor may be required by the building official to verify that buildings, structures and related features are located in accordance with the approved plans.
Preliminary inspection. Before issuing a permit, the building official is authorized to examine, or cause to be examined, the buildings, structures and sites for which an application has been filed.
110.2 — Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.15.
110.2.1 — Footing. Footing inspection shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete footings, any required forms shall be in place prior to inspection. As required by ACI standards, all vertical steel shall be tied in place at the time of footing inspection.
110.2.2 — Stem wall/grout. Stem wall inspections of masonry or formed concrete walls, shall be made prior to any grout or concrete being placed after the masonry units and required forms are completed and any required reinforcing steel installed, including the installation of any required framing attachments, which shall be secured to the un-grouted masonry units or concrete wall forms.
110.2.3 — Reinforced masonry, insulating concrete form (ICF) and conventionally formed concrete wall inspection. Reinforced masonry walls, insulating concrete form (ICF) walls and conventionally formed concrete walls shall be inspected after plumbing, mechanical and electrical systems embedded within the walls, and reinforcing steel are in place and prior to placement of grout or concrete. Inspection shall verify the correct size, location, spacing and lapping of reinforcing. For masonry walls, inspection shall also verify that the location of grout cleanouts and size of grout spaces comply with the requirements of this code.
110.2.4 — Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under- floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the sub floor. Residential building concrete slab inspections shall include the garage floor.
110.2.5 — Floodplain inspections. For construction in areas prone to flooding, as determined by the Yavapai County Flood Control District, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including the basement.
110.2.6 — Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to slab grade inspection, or at the time of rough-in inspection prior to insulation.
Exception: Back-filling of ground- source heat pump loop systems tested in accordance with Sections M2105.1 of the 2018 International Residential Code and 1208.1. of the 2018 International Mechanical Code prior to inspection shall be permitted.
110.2.7 — Roof nailing and exterior braced wall panels. Roof nailing and exterior braced wall panel inspection shall be made after the roof deck sheathing, exterior wall sheathing, and required wall framing attachments are in place and prior to the installation of the roofing material and exterior wall covering. All required wall framing attachments to the foundation and stem wall systems shall be in place.
110.2.8 — Framing and exterior lath. Framing inspection shall be made after all framing, fire-blocking, windows, and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating, wiring, pipes and ducts are installed. All penetrations through the floor and through the top plate into the attic must be sealed and exterior lath is installed, and roof completely dried in with either the roofing material or approved roofing paper. The exterior lath inspection, for stucco wall covering, shall be made at this time.
110.2.9 — Water-resistive and/or air barrier. A water-resistive barrier and/or air barrier inspection shall be performed after all flashings, windows and barriers are installed prior to the installation of any exterior wall covering.
110.2.10 — Insulation inspection. Insulation inspection shall be made after frame and exterior lath inspection and all rough plumbing, mechanical, gas, and electrical systems are approved and prior to covering or concealment. Blown or sprayed roof/ceiling insulation may be verified before final inspection with markers affixed to the trusses or joists and marked with the insulation thickness by one inch high numbers. A minimum of one marker provided for each 300 square feet of area with numbers to face the attic access opening. In lieu of an insulation inspection, a certification from the insulation installer may be submitted.
110.2.11 — Gypsum board. An inspection shall be made of the gypsum board, interior and exterior, before any joints and fasteners are taped and finished.
110.2.12 — Fire-resistant penetrations and fire-resistance-rated construction inspection. Protection of joints and penetrations in fire- resistance-rated assemblies shall not be concealed from view until inspected and approved. Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wall board joints and fasteners are taped and finished.
110.2.13 — Special inspections. For special inspections, see Section 1704 of the 2018 International Building Code.
110.2.14 — Other inspections. In addition to the inspections specified above the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of Building Safety.
110.2.15 — Final inspection. Final inspection shall be made after the permitted work is completed and prior to occupancy.
110.3 — Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
110.4 — Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
110.5 — Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall perform the requested inspection and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
110.6 — Re-inspection. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed:
∙ When the inspection record card is not posted or otherwise available on the work site.
∙ When the approved plans are not readily available to the inspector.
∙ For failure to provide access on the date for which inspection is requested.
∙ For deviating from approved plans thereby requiring the approval of the building official.
To obtain a re-inspection, the applicant shall pay the re-inspection fee as set forth in the fee schedule adopted by this jurisdiction.
In instances where re-inspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
SECTION 111 — CERTIFICATE OF OCCUPANCY
SECTION 111.1 — Certificate issued is hereby amended by addition of an "Exception" to read as follows:
111.1 — Certificate issued.
Exception: Certificates of occupancies are not required for work exempt from permits under Section 105.2 of this code on residential remodels, additions, and accessory buildings or structures on residential properties being used for non-habitable residential purposes. Certificates of completion shall be issued on permits issued as a Shell Building. Certificates of completion shall not authorize occupancy.
SECTION 113 — Board of appeals is hereby deleted in its entirety and revised to read as follows:
SECTION 113 — BOARD OF APPEALS
113.1 — General. In order to hear and decide appeals of order, decisions or determinations, made by the building official relative to the application and interpretation of the technical code, there is hereby created a board of appeals, the board of appeals shall be appointed by the Town Council and shall hold office at its pleasure. The board shall adopt rule of procedure for conducting business. The Town Council may appoint, as the Town's Board of Appeals, a board duly appointed by another municipality or county.
113.2 — Members of Board. In order to hear and decide appeals of order, decisions, or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals, the board of appeals shall be appointed by the Town Council and a person representing the public and a resident of Dewey-Humboldt and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting business. The Town Council may appoint, as the Town's Board of Appeals, a board duly appointed by another municipality or County Board Members
113.3 — Duties of Appeals Board.
1. The Appeals Board shall hear and decide appeals of order, decisions or determinations made by the building official relative to the application and interpretation of the technical code, including suitability of alternative materials and methods of construction, effectiveness, efficiency, responsiveness, ethics, fees, revenues, budgets, staffing equipment, code content, geographic coverage, coordination with other units of governments, and any other matters of concern to the Board.
2. Findings and decisions of the Board shall be binding upon the building official and appealing party subject to appeal to the Town Council.
3. The Board shall act as technical advisory in the formation and acceptance of adopting Building Codes and Ordinances in the town.
113.4 — Limitation of Authority. The Appeals Board shall have no authority relative to interpretation of the administrative provisions of this code or the administrative provisions of the technical codes nor shall the Board be empowered to waive requirements of either this code or the technical codes.
SECTION 114 — Violations is hereby deleted in its entirety and revised to read as follows:
114.1 — Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment regulated by this code, or cause or permit the same to be done in conflict with or violation of any provision of this code or any technical code adopted by the town.
114.2 — Continuing Violation. When there is argument to the orders issued by the building official and the violation is not abated according to the orders issued by the building official, the building official may refer the matter to the Dewey-Humboldt Hearing Officer for a hearing and the imposition of penalties and sanctions. The Hearing Officer shall hear and rule on building violations and impose sanctions as authorized by A.R.S. § 11-866 and A.R.S. § 11-815.
114.3 — Appeals. The decision of the Hearing Officer may be appealed to the Dewey- Humboldt Board of Adjustment in accordance with ARS § 11-815.
114.4 — Penalties. Pursuant to A.R.S. § 11-815 and A.R.S. § 11-866 the Hearing Officer shall have the authority to impose the following penalties and sanctions:
1. Each day's continuance of a building code violation shall be deemed a separate offense.
2. The maximum penalty for each offense shall be:
A. Pursuant to A.R.S. § 13-802.B., $500 for an individual;
B. Pursuant to A.R.S. § 13-803-1-3, $2,500 for any corporation, association, labor union or other legal entity.
The imposition of penalties on any person under this ordinance shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited structures or improvements and shall not prevent the enforced correction or removal of such violations.
If any structure is erected, constructed, reconstructed, altered, maintained or used in violation of this Ordinance, the Dewey-Humboldt Town Council, the Dewey-Humboldt Attorney, the building official, or any adjacent or neighboring property owner who is especially damaged by the violation may institute an injunction, mandamus, abatement, or any appropriate action proceeding to prevent, abate, or remove the violation.
In the event, the Town deems it necessary to institute proceedings to abate a violation it shall be entitled to recover its costs of abatement including attorney fees.
The conviction of any person, firm or corporation hereunder shall not relieve such person from the responsibility to correct such violation nor prevent the enforcement, correction or removal thereof.
(2) Findings and declaration. The Town of Dewey-Humboldt of Yavapai County, Arizona specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the International Administrative Building Code, 2018 edition, which are stated in this ordinance.
(Ord. 21-159, passed 4-20-2021)