A. The following provisions of the International Building Code, 2018 edition as published by the International Code Council, Inc., are hereby amended as follows:
B. Section 101.1 Title. INSERT: [name of jurisdiction] as "City of Eloy."
Section 101.2 Scope. REVISE to read as follows:
The provisions of this code shall apply to the administration and construction, alteration, enlargement, relocation, repair, equipment, use and occupancy, location, maintenance, removal, and/or demolition of every building or structure or any appurtenance connected or attached to such buildings or structure.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with the International Residential Code as adopted by the City of Eloy.
Section 101.2.1 Appendices: DELETE this section in its entirety and REPLACE with the following text:
Section 101.2.1 Appendices. The following appendices are adopted by the City of Eloy: Appendices C, F, I, J and K.
101.3 Intent. The purpose of this code, and the construction codes, is to establish the minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.
101.3.1 Quality Control. Quality control of materials and workmanship is not within the purview of the construction codes except as it relates to the purposes stated therein.
101.4 Referenced Codes. The codes listed in Sections 101.4.1 through 101.4.10 and/or referenced elsewhere in this code or the construction codes shall be considered part of the requirements of this code to the prescribed extent of each such reference. These codes may be amended and updated from time to time by the Mayor and City Council. The edition of the currently adopted construction codes shall be listed on the City's website and filed with the City Clerk's Office.
Where there is a conflict between the administrative requirements in this Code and those in other adopted technical codes, the more restrictive or specific requirements shall apply.
Exception: Administrative requirements in the City of Eloy Fire Code and the Eloy Fire District Fire Code.
101.4.1 Buildings or Structures. The provisions of the International Building Code as adopted and amended by the Mayor and Council of the City of Eloy, shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and/or demolition of every building or structure or any appurtenances connected or attached to such buildings or structure.
Exception: Detached one- and two-family dwellings and attached 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 International Residential Code for One- and Two-family Dwellings.
101.4.2 One- and Two-family Dwellings and Attached Single-family Dwellings. The provisions of the International Residential Code for One- and Two-family Dwellings (International Residential Code) as adopted and amended by the Mayor and Council of the City of Eloy shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and/or demolition of detached one- and two-family dwellings and attached single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures.
101.4.3 Mechanical. The provisions of the International Mechanical Code as adopted and amended by the Mayor and Council of the City of Eloy shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy-related systems.
Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures shall comply with the International Residential Code for One- and Two-family Dwellings.
101.4.4 Plumbing. The provisions of the International Plumbing Code as adopted and amended by the Mayor and Council of the City of Eloy 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.
Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures shall comply with the International Residential Code for One- and Two-family Dwellings.
101.4.5 Gas. The provisions of the International Fuel Gas Code as adopted and amended by the Mayor and Council of the City of Eloy shall apply to the installation of fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories as covered in this code. These requirements 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.
Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures shall comply with the International Residential Code for One- and Two-family Dwellings.
101.4.6 Electrical. The provisions of the National Electrical Code (National Fire Protection Association (NFPA 70)) as adopted and amended by the Mayor and Council of the City of Eloy shall apply to the installation of electrical wiring from the point of delivery, electrical appliances, and related accessories as covered in this code. These requirements apply to electrical wiring systems extending from the point of delivery to the connections of appliances and the installation and operation of residential and commercial appliances and related accessories.
Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures shall comply with the International Residential Code for One- and Two-family Dwellings.
101.4.7 Energy. The provisions of the International Energy Conservation Code as adopted and amended by the Mayor and Council of the City of Eloy shall apply to all matters governing the design and construction of buildings for energy efficiency.
Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures shall comply with the International Residential Code for One- and Two-family Dwellings.
101.4.8 Fire Prevention. The provisions of the International Fire Code as adopted and amended by the Mayor and Council of the City of Eloy shall apply to matters 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 the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems, or fire hazards in the structure or on the premises from occupancy or operation. This code is primarily administered by the Eloy Fire District.
101.4.9 Property Maintenance. The provisions of the International Property Maintenance Code as adopted and amended by the Mayor and Council of the City of Eloy shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
101.4.10 Existing Buildings. The provisions of the International Existing Building Code as adopted and amended by the Mayor and Council of the City of Eloy shall apply to the re-construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of every existing building or structure or any appurtenances connected or attached to such buildings or structure. Existing buildings that have been vacant or abandoned for a period of six (6) months or longer are deemed to have been vacated or abandoned and the certificate of occupancy declared expired. Such buildings shall not be re-occupied until an inspection has been conducted for a new certificate of occupancy and all zoning requirements have been met.
101.4.11 Swimming Pools. Swimming pool, spa and hot tub enclosures and safety devices shall be installed pursuant to Arizona Revised Statutes § 36-1681, as amended. (Ord. 20-900, 12-14-2020)
SECTION 102 APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of an adopted code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
102.2 Other laws. The provisions of the construction codes shall not be deemed to nullify any provision of local, state, or federal law.
102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section, or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.
102.4.1 Conflicts. Where conflicts occur between provisions of the construction codes and referenced codes and standards, the provisions of the construction code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the codes listed in Section 101.4, the provisions of this code or the codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.5 Partial invalidity. In the event that any part or provision of this code or any construction code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
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, the construction codes, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.
102.7 Change of Use or Occupancy. No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code and the Construction Codes. Subject to the approval of the Building Official and the Fire Marshal, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in other groups without conforming to all of the requirements of this code and the Construction Codes for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. For all changes of occupancy, use or ownership, an inspection of the building shall be conducted to determine if the existing structure is more or less hazardous.
SECTION 103 BUILDING SAFETY DIVISION
103.1 Creation of enforcement agency. The Building Safety Division is hereby created and the official in charge thereof shall be known as the Building Official.
103.2 Appointment. The Building Official shall be appointed as provided for in the policies and procedures of the City of Eloy.
Section 103.3 Deputies. Is DELETED and REPLACED with the following text:
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint related technical officers, inspectors, plan reviewers and other essential employees.
SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL
Section 104.10 Modifications. REVISE by ADDING the following to the end of the paragraph:
Requests for modifications shall be submitted to the Building Official in the following manner:
1. The applicant shall file a written appeal on the form provided by the Building Official.
2. The applicant shall provide adequate information supporting the request for modification and verifiable evidence that the modification will still meet the intent of the code.
Requests for modifications will be reviewed by the Building Official in the time period specified on the application and the results kept with the permit records.
Section 104.10.1 Flood hazard areas. DELETE this section in its entirety and REPLACE with the following text:
Modifications to any provision required in flood hazard areas as established in Section 1612.3 shall be submitted to and authorized by the Pinal County Flood Control District, the agency responsible for managing flood control within the jurisdiction.
SECTION 105 PERMITS
Section 105.1 Required. REVISE this section by ADDING the following Exception:
Exception: Government agencies or entities that are exempt, as a matter law, from having to obtain construction permits.
Section 105.1.1 Annual permits. REVISE to read as follows:
In lieu of an individual permit for each alteration to an approved existing electrical, gas, mechanical, or plumbing installation, the Building Official is authorized to issue an annual permit upon application for status as a registered plant per Section 105.1.3.1 of this code to any person, firm, or corporation regularly employing one (1) or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.
ADD the following new subsections to read as follows:
Section 105.1.3 Registered Plants.
Section 105.1.3.1 Definitions:
Registered Plant: For the purpose of this code, a registered plant, is a person, firm, corporation, or political entity engaged in manufacturing, processing or service which requires specialized building, utilities and equipment to the extent that the plant maintains full-time, qualified personnel for the operation and maintenance of such buildings, utilities and equipment and when such plant has complied with all the provisions of this section.
Annual Permit: An official document or certificate issued by the authority having jurisdiction which authorizes performance of alterations to an already approved electrical, gas, mechanical or plumbing installation in accordance with Section 105.1.3.1 of this code.
Qualifications: In addition to meeting the general definition above, a registered plant shall have in its employ an experienced architect or engineer registered in the State of Arizona who shall be directly responsible for complying with the substantive provisions of this code.
Section 105.1.4 Application and Registration.
Section 105.1.4.1 Application: To obtain registration, the applicant shall first file an application in writing on a form furnished by the Building Safety Division for that purpose. Every such application shall contain:
A. The name of the plant for which registration is requested.
B. A description of the property to be included under registration by address and the Pinal County Assessor parcel number that will readily identify and definitely locate the buildings and structures to be included under the registration.
C. The name of the individual who has the authority to act on behalf of the plant owner(s).
D. The State of Arizona registration number and the name and a complete resume of the registered architect or engineer who will be responsible for the work done under the registration.
E. The required categorical information shall be updated and submitted annually to the Building Official on or before December 31. Any changes to the company name, ownership or responsible registrant shall be reported to the Building Official in a timely manner.
Appropriate action shall be taken by the Building Official on such application and the applicant shall be notified accordingly. If the application is disapproved, the applicant may appeal the decision to the City of Eloy Board of Appeals in the manner provided in Article 5-6 of this code.
Section 105.1.4.2 Registration Fees and Renewal.
Registration Fees and Renewal: Every applicant for registration shall pay a fee of $500.00 for plants under 1,000,000 square feet, and $1,000.00 for plants 1,000,000 square feet and above at the time of filing for an annual permit. Such initial fee may be monthly prorated to the expiration date. Registrations shall expire on December 31 of each year. Registrations may be renewed each year by payment of the fee for a new annual permit on or before December 31.
The fee shall be refunded if the application is disapproved. Any work performed after expiration without permits and inspections required by this chapter shall be a violation of the code.
Section 105.1.4.3 Validity of Registration. Registration shall be valid only as long as the named architect or engineer remains in the employ of the registered plant in an active and full time capacity or in a continued capacity on a retainer basis. If the registered architect or engineer should leave the employ of the registrant, registration is suspended until another registered architect or engineer is assigned responsibility for work done under the registration, and the Building Official is notified of the change. The registrant shall notify the Building Official immediately and shall call for inspection of any work in progress in accordance with this chapter. Before any new work commences while the registration is invalid or suspended, all appropriate fees shall be paid and permits inspections shall be obtained pursuant to this chapter.
Section 105.1.5 Revocation of Registration.
Section 105.1.5.1 Authority. The Building Official may suspend or revoke a registration when the registrant fails to comply with any of the registration responsibilities or for violation of any provision of this code.
Section 105.1.5.2 Procedure. When the Building Official deems that the registration shall be suspended or revoked, the procedure shall be as follows:
1. The registrant shall be notified in writing by certified mail, at least seven (7) days prior to suspension or revocation.
2. Upon receipt of the notice, the registrant may request a hearing. Such request shall be in writing to the Building Official within seven (7) days of receipt of notice.
3. If a hearing is requested by the registrant, the Building Official shall set a time, date, and place and so notify the registrant.
4. When a hearing is conducted, the registrant and other interested parties may be in attendance. Upon completion of the hearing, the Building Official shall take all evidence submitted under advisement and shall notify the registrant of his findings in writing, by certified mail.
5. If the decision rendered by the Building Official is adverse to the registrant, the registrant may appeal the decision to the City of Eloy Building Code Board of Appeals in the manner provided in 5-6 of this code as amended by the City of Eloy.
Section 105.1.6 Work Report and Inspections. REVISE this section in its entirety:
Section 105.1.6.1 Summary report. A summary report of all work done as an approved registered plan under an annual permit shall be prepared by the registered architect or engineer and submitted annually to the Building Official. Plans or working drawings for alterations to buildings or utilities covered by the code need not be submitted for approval, except for those conditions listed below. Plans submitted pursuant to this section and as required in Section 105.1.6.2 below, shall be reviewed and approved and inspection of the work shall be conducted by the Building Safety Division as set forth in this code and applicable building permit and plan fees shall be paid by the applicant. The registrant may request a plan review or inspection of any work performed under this section but all applicable building permit and plan review fees shall be paid by the applicant.
Section 105.1.6.2 Plans. Plans shall be submitted to the jurisdiction for permit, plan review and inspection for work which:
1. Creates a different occupancy classification, as defined in IBC, Chapter 3 for all or any portion of the building.
2. Creates a different building construction type defined in IBC, Chapter 6 for all or any portion of the building.
3. Creates new rooms or increases the size or use of existing rooms.
4. Adds new electrical services, new mechanical equipment or systems, new plumbing systems or extensions of existing systems in excess of seven percent (7%) of the existing plumbing, mechanical and/or electrical systems.
5. Adds, alters, removes or penetrates required fire walls for area separation, occupancy separation or exterior wall construction.
6. Adds, alters, removes or penetrates exits or egress courts as defined in IBC, Chapter 10.
Exception: Exit doors may be added, moved or removed from exit courts, or passageways when an appropriate fire rated door(s) is installed or opening protections maintained in accordance with the fire resistive requirements.
7. Provide for alterations to the fire protection system which constitutes moving more than five sprinkler heads or causes an increased demand on the existing fire system.
8. Modify load bearing structures or add additional loads to the existing structural members.
9. Alters existing handicap accessibility components or routes or creates the requirement for an additional accessible route or components.
Construction shall not commence until all plans have been reviewed and approved by the Building Official and a permit has been issued.
Section 105.2 Work exempt from permit. REVISE as follows:
Building:
1. DELETE, "120 square feet (11m 2), and REPLACE with "200 square feet (18.58 m2) and ADD "and which do not contain electrical, plumbing or mechanical connections" to the end of the sentence.
2. REVISE to read: "Fences not over 6 feet high."
6. REVISE as follows: Sidewalks, driveways and non-structural slabs on grade not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.
9. DELETE, 24 inches and REPLACE with 18 inches (457 mm,)
Section 105.2 Work exempt from permit. ADD new item numbers:
14. Any work accomplished under the auspices of and owned and controlled by the United States of America or the State of Arizona.
15. Tents or membrane structures provided the area does not exceed 400 square feet or 900 square feet with two sides open unaltered.
16. Detached ramadas/gazebos not greater than 200 square feet (18.58m2) and not greater than 30 inches above finished grade."
Electrical:
1. Repairs and maintenance: is REVISED by adding to the end of the section:
Other items:
1. Power for mobile vending units, booths and carnival rides in use for less than 30 calendar days and not connected to the electric utility company.
2. Temporary decorative lighting.
Section 105.3 Application for permit. REVISE the first sentence of the section to read as follows:
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Building Official for that purpose. Such application shall include all of the information required on the form including the items listed in this section. The information shall be typed or printed legibly in ink with the printed name of the applicant below the signature. Permit applications will not be accepted via email without the approval of the Building Official. Incomplete or illegible applications will be returned to the applicant at the discretion of the Building Official and the timeframe for review will not commence until the application and required construction documents are accepted.
Section 105.3 Application for permit. ADD new item:
8. When a licensed contractor is required by Arizona law, the Registrar of Contractor's license number and Eloy Business license number of the general contractor is required on the permit application.
Section 105.3.1 Action on application. REVISE this section to read as follows:
The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing or after an investigation inspection has been conducted. If the application or the construction documents do not conform to the requirements of pertinent laws or if the proposed work is in violation of the adopted zoning ordinance, the Building Official shall reject such application in writing, stating the reasons thereafter. If the Building Official is satisfied that the proposed work conforms to the requirements of this code and the laws and ordinances applicable thereto, the Building Official shall issue a permit therefore as soon as practicable and after all fees are paid in full.
Section 105.3.2 Time limitation of application. REVISE to read as follows:
An application for a permit for any proposed work shall be deemed to have been abandoned and shall be expire 180 calendar 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 not to exceed 180 calendar days on an unexpired application. The extension shall be requested in writing and justifiable cause demonstrated. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application. The expiration of a permit application will require the submittal of a new permit application, construction documents and plan review deposit.
Section 105.5 Expiration. REVISE this section to read as follows:
Every issued permit for construction shall become invalid unless the work authorized by such permit is not commenced within 180 calendar days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of 180 calendar days from the time the work was started or the last required inspection was conducted and approved. Work-in-progress inspections will be authorized by the Building Official when documentation of continuing activity is needed to keep the permit active and construction progress is evident. The Building Official is authorized to grant, in writing, one or more extensions of time for periods of not more than 180 calendar days each. The extension shall be requested prior to the expiration of the building permit for that specific work for which the permit is issued and justifiable cause demonstrated. In order to renew action on a permit after it has expired, a new permit fee shall be paid in accordance with the schedule of fees approved by the Mayor and City Council.
SECTION 107 SUBMITTAL DOCUMENTS
Section 107.1 General. REVISE this section to read as follows:
Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with the applicable permit application. The construction documents shall be prepared and sealed by a registered design professional where required by the statutes of the jurisdiction and as determined by the Building Official based on the complexity of the project and other mitigating factors affecting health and safety.
Section 107.2 Construction documents. This sentence is REVISED to read as follows:
Construction documents shall be prepared and submitted in accordance with Chapter 1 of the International Building Code.
Section 107.2.1 Information on construction documents. REVISE this paragraph to read as follows:
Construction documents shall be dimensioned and drawn to scale upon suitable material. Construction plans and other documents shall be submitted on electronic media format and accompany the submittal package for permits when required by the Building Official. Plans will not be accepted by email or other electronic distribution modem without prior approval of the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature, extent and scope of the work proposed under the permit 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. The first, or title sheet of each set of plans shall contain the building and street address of the work, and the name(s) and address(s) of the owner(s) and registered design professionals. The seal of the registered professional(s) who prepared the plans, calculations and specifications shall be stamped on each document and signature affixed so as to not block the discipline of the design professional. The Building Official may further require that plans for new construction shall indicate existing and finished grade elevations based on governmental data with existing and finished drainage flow patterns. Remodels and additions shall include existing and proposed new floor plans.
Section 107.2.5.1 Design flood elevations. REVISE to read as follows:
Where design flood elevations are not specified, they shall be established in accordance with the latest data on file with the Flood Control District of Pinal County and the FEMA Flood Insurance Rate Maps for that area.
Section 107.3.1 Approval of construction documents. REVISE to read as follows:
The permit will be issued by the Building Safety Division after the construction documents have been reviewed for adherence to all adopted codes and ordinances, and the plans have been stamped "Reviewed for Code Compliance" by the Building Official. Two copies of the plans and documents will receive this stamp in which one set will be returned to the applicant to be kept at the construction site and made available to the inspector during all scheduled inspections. The second set will be kept on file in the building safety office for reference where they will not be allowed to be removed. Plans that shall be re-stamped by the Building Official due to loss or damage shall be submitted to the Building Safety Division as a complete set and fees paid for additional copies or plan review time.
Section 107.3.3 Phased approval. REVISE to read as follows:
The Building Official is authorized to approve a permit for the construction of foundations and slabs where there will not be any underground utilities that are contained in the construction documents under review. This approval will not be authorized for residential construction regulated by the International Residential Code and only be on a case by case basis. Phased construction will only be authorized by the Building Official upon the written consent of all other reviewing departments and agencies and the holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.
Section 107.3.4.1 Deferred submittals. ADD to the end of the last paragraph:
When an additional plan review is required for the deferred submittals, a plan review fee shall be charged based on the hourly plan review rate as established by the Mayor and City Council.
Section 107.5 Retention of construction documents. REVISE to read as follows:
One set of approved construction documents shall be retained by the Building Official in accordance with the requirements of state law for the retention of records, and local policies.
SECTION 109 FEES
Section 109.1 Payment of fees. This section is DELETED and REPLACED with the following section:
Payment of fees. A permit shall not be valid until the fees prescribed by the Mayor and City Council have been paid, nor shall an amendment to a permit that has already been issued be released until the additional review and handling fee, if any, has been paid.
Section 109.2 Schedule of fees. This section is DELETED and REPLACED with the following section:
Schedule of fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the estimated value of such work and the schedule of fees established by the Mayor and City Council by resolution.
Section 109.3 Building permit valuations. This section is DELETED and REPLACED with the following section:
Building permit valuations. The applicant for a permit shall provide an estimated value of the work being done that shall include materials, labor, electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official.
Section 109.4 Work commencing before permit issuance. REVISE to read as follows:
Work commencing before permit issuance. Any person or entity that commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional investigation inspection fee which shall be equal to the building permit fee. The fee for the investigation inspection shall be paid either as a separate permit or included in the schedule of fees for the permit. The payment of such fees shall not exempt an applicant from compliance with all other provisions of this code or other applicable requirements, or from penalty prescribed by law.
INSERT NEW Section 109.5.1 Reinspection fee to read AS FOLLOWS:
Reinspection fee. A re-inspection fee may be charged at the discretion of the Building Official when such work for which an inspection is requested is not complete or ready, when violations have not been corrected as a result of a previous inspection, when proper access is not provided to conduct the inspection, and/or when the inspection card and approved plans are not readily available for the inspector. The re-inspection fee shall be determined as set forth by the schedule of fees which have been approved by the Mayor and City Council. The inspection shall not be conducted until the re-inspection fee has been paid.
Section 109.6 Refunds. This section is DELETED in entirety and REPLACED with the following NEW section:
Refunds. The Building Official shall have the authority to approve the refunding of any fee paid hereunder that was erroneously paid and collected. The Building Official may authorize refunding of not more than 80 percent of the permit fee when no work was done in connection with the permit issued in accordance with this code and the permit has not expired. The Building Official may authorize refunding of not more than 80 percent of the plan review fee when an application for a permit for which a plan review has been paid is withdrawn or cancelled before any plan review is commenced. The Building Official shall not authorize the refund of any fees paid except on a written application filed by the original permit holder not later than 180 calendar days after the date of payment.
SECTION 110 INSPECTIONS
Section 110.1 General. REVISE by adding the following paragraph:
Property owners shall display on residences, businesses, or other structures as applicable the correct addresses or building numbers as assigned by the Public Works Department and as noted on the issued permit(s) prior to the final inspection and/or issuance of the certificate of occupancy. The address numbers shall comply with section 502.1 of this code, be of a durable material on a contrasting background, permanently attached to the building and be readily distinguished and readable from the nearest paved public/common roadway fronting on that property.
SECTION 111 CERTIFICATE OF OCCUPANCY
Section 111.1 Use and occupancy. REVISE section to read:
A certificate of occupancy shall be required for all buildings or structures prior to any use, occupancy or change from the existing occupancy classification. The certificate of occupancy shall be issued by the Building Official and is not to be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from building permits under Section 105.2 of this code and where structures are not designed for human occupancy and accessory in nature.
Section 111.2 Certificate issued. REVISE section to read as follows:
No building or structure shall be used or occupied until the Building Official has issued a certificate of occupancy. In order to assure that all applicable laws and regulations pertaining to the project have been satisfied, the permit holder or authorized agent shall complete the application for a certificate of occupancy which requires the approvals from other departments or agencies involved in the original review process.
The applicant shall make arrangements for scheduling all required inspections for the completion of the application by contacting each of the departments or agencies listed. The Building Official shall have no control over the timing of the inspections and will only offer advice regarding the administrative provisions of the application.
Any inspection requested prior to the completion of the work may be subject to a re-inspection fee administered by the Building Official in accordance with Section 109.5.1 or penalties as administered by other departments or agencies.
The Building Official will issue the certificate of occupancy after the application form has been returned with all required signatures or conditions of approval. After the building(s) or structure(s) have been inspected and there are no outstanding violations of the provisions of this code or other laws that are enforced by the Building Safety Division, the Building Official shall issue a certificate of occupancy containing the following information:
1. The building permit number.
2. The physical address of the project.
3. The name and address of the owner.
4. A description of the work authorized by the building permit.
5. A statement that the described portion of the structure has been inspected for compliance with the code requirements for the occupancy and proposed use.
6. The name of the Building Official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3 of the IBC.
9. The type of construction as defined in Chapter 6 of the IBC.
10. The design occupant load as determined by the architect.
11. If an automatic sprinkler system is provided, whether the sprinkler is required by code.
12. Any special stipulations and conditions for the approval of the building permit.
Section 111.3 Temporary occupancy. REVISE section as follows:
The Building Official is authorized to issue a temporary certificate of occupancy based on the recommendations of other departments or agencies noted on the application form per Section 111.2, and before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. In the event that a temporary certificate of occupancy is necessary, a letter of explanation shall be submitted to the Building Official outlining the nature of the request. The Building Official shall establish a period during which the temporary certificate of occupancy is valid and require inspections prior to approval. The applicant shall be the owner or authorized agent.
SECTION 112 SERVICE UTILITIES
Section 112.2.1 Lock out/tag out program. ADD new section as follows:
Prior to the approval of temporary power to a construction site or structure, a letter or placard containing the following information shall be on site adjacent to, or in the vicinity of, the service entrance section which contains the following information:
1. Address and permit number.
2. Description of the equipment for which temporary power is being requested.
3. Names and phone numbers of the responsible parties or contractor.
4. Description of the safety program to be implemented on the project to ensure the safety of personnel on the site.
The letter shall be distributed to all personnel on the site who will have access to or who will be working in the vicinity of the energized equipment and an initialed acknowledgement of having read and received a copy of the program shall be kept in the on-site construction office.
SECTION 113 BOARD OF APPEALS
Section 113.1 General. This section is DELETED and REPLACED with the following:
The Building Code Board of Appeals is hereby established and shall be as enumerated in the City Code, Chapter 2, Article IV, Division 2A, Sections 2A-80 through 2A-87.
CHAPTER 2 DEFINITIONS
SECTION 202 DEFINITIONS
REVISE the following definitions are added or revised to read as follows:
CONDOMINIUM. Means a building, or group of buildings, containing dwelling, office or commercial units which are owned individually, and the common areas (i.e., parking, landscaping, open space, exterior portions of the building) are owned by all the owners of the units on a proportional, undivided basis. For purposes of this code, the walls separating condominium units shall not be considered lot lines; the outer boundary of the common area shall be considered the lot boundary.
FIRE FLOW. The flow rate of a water supply, measured at 20 psi residual pressure that is available for firefighting.
FORCED AIR CURTAIN DESTRUCTOR. A forced air pit incinerator is utilized for the purpose of disposal of waste vegetative debris.
Replace the existing definition of "SWIMMING POOL" and "Townhouse" with the following:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). A pool intended for use that is accessory to a residential setting and available only to the household and its guests including any structure intended for swimming or recreational bathing that contains water over 18 inches (610mm) (457.2mm) deep at any point and that is wider than 8 feet at any point. This includes in-ground, above ground and on-ground swimming pools, hot tubs, spas, and fixed in place wading pools. All other pools shall be considered public pools for purposes of this code.
TOWNHOUSE. A single-family dwelling unit constructed in a group of attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides.
CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION
SECTION 305 EDUCATIONAL GROUP E
Section 305.2 Group E, day care facilities. REVISE this section to read as follows:
This group includes buildings and structures or portions thereof occupied by more than six children older than 2 ½ years of age who receive educational, supervision or personal care services for fewer than 24 hours per day.
Section 305.2.2 Five or fewer children. DELETE this section and REPLACE with:
A facility having six or fewer children receiving such day care shall be classified as part of the primary occupancy.
Section 305.2.3 Five or fewer children in a dwelling unit. DELETE this section and REPLACE with:
Section 305.2.3 Six or fewer children in a dwelling unit.
A facility such as the above within a dwelling unit and having six (6) or fewer children receiving such day care service shall comply with the International Residential Code.
SECTION 308 INSTITUTIONAL GROUP I
Section 308.3 Institutional Group I-1. DELETE the text of this section and REPLACE with the following language:
This occupancy shall include buildings, structures or portions thereof for more than 10 persons who reside on 24 hour basis who because of age, mental disability or other reasons, live in a residential environment that provides supervisory care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to the following:
Residential board and care facilities
Assisted living centers
Halfway houses
Group homes
Congregate care facilities
Alcohol and drug abuse centers
Convalescent facilities
Social rehabilitation facilities
Section 308.3.1 Five or fewer persons receiving care. DELETE this section and REPLACE with:
Section 308.3.1 Six or fewer persons receiving care.
A facility such as the above with six (6) or fewer persons receiving such care shall comply with the International Residential Code.
Section 308.3.2 Six to sixteen persons receiving care. DELETE this section and REPLACE with:
Section 308.2 Seven to 10 persons receiving care.
A facility above, housing at least seven (7) and not more than ten (10) persons receiving care, shall be classified as Group R-4.
Section 308.4 Institutional Group I-2. DELETE this section and REPLACE with:
This occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than six persons who are incapable of self-preservation. This group shall include, but not be limited to, the following:
Foster care facilities
Detoxification facilities
Hospitals
Nursing homes
Psychiatric hospitals
Section 308.4.1 Five or fewer persons receiving care. DELETE this section and REPLACE with the following:
Section308.4.1 Six or fewer persons receiving care.
A facility such as the above with six (6) or fewer persons receiving such care shall comply with the International Residential Code.
Section 308.6 Institutional Group I-4, day care facilities. This section is AMENDED to read as follows:
This group shall include buildings and structures occupied by more than 6 persons of any age who receive custodial care for fewer than 24 hours per day by persons other than parents or guardians, relatives by blood, marriage or adoption and in a place other than the home of the person cared for. This group shall include but not be limited to, the following:
Adult day care
Child day care
Section 308.6.1 Classification as Group E. This section is AMENDED to read as follows:
A child care day care facility that provides care for more than 6 but no more than 100 children 2 ½ years or less of age, where the rooms in which the children are cared for are located on the level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as a Group E.
Section 308.6.3 Five or fewer persons receiving care. AMEND this section to read as follows:
Section 308.6.3 Six or fewer persons receiving care.
A facility having six or fewer persons receiving custodial care shall be classified as part of the primary occupancy.
Section 308.6.4 Five or fewer persons receiving care in a dwelling unit. DELETE this section and REPLACE with the following:
Section 308.6.4 Six or fewer persons receiving care in a dwelling unit.
A facility such as the above within a dwelling unit and having six (6) or fewer persons receiving custodial care shall comply with the International Residential Code.
SECTION 310 RESIDENTIAL GROUP R
Section 310.4 Residential Groups R-2. AMEND by adding the following item to the list of R-2 residential occupancies:
Residential Condominiums
Section 310.4 Residential Group R-3. REVISE to read as follows:
Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including:
Buildings that do not contain more than two dwelling units
Care facilities, change "5" to "6"
Congregate living facilities (non-transient), change "16" to read "6"
Boarding houses (non-transient), change "16" to read "6"
Convents
Dormitories
Fraternities and sororities
Monasteries
Congregate living facilities (transient), change "10" to read "6"
Boarding houses (transient), change "10" to read "6"
Lodging houses (transient), change "10" to "6"
Section 310.4.1 Care facilities within a dwelling. Is REVISED as follows:
Care facilities for 6 or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code.
Section 310.5 Residential Group R-4. REVISE to read as follows:
This occupancy shall include buildings, structures or portions thereof for more than 6 but not more than10 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code. This group shall include, but not be limited to, the following:
Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group homes
Halfway houses
Residential board and care facilities
Social rehabilitation facilities
CHAPTER 5 GENERAL BUILDING HEIGHTS AND AREAS
SECTION 502 BUILDING ADDRESSES
Section 502.1 Address identification. REVISE by adding the following text to the end of the paragraph:
"Addresses shall also be required on or near the rear entry of businesses located in a multi-unit commercial mall or center." (Remainder of text is unchanged)
CHAPTER 9 FIRE PROTECTION AND LIFE SAFETY. The following sections shall be REVISED to read as follows:
SECTION 901 GENERAL
Section 901.5 Acceptance tests. REVISE this section by deleting the last sentence and replacing it with the following:
It shall be unlawful to use, occupy, or furnish any portion of a structure until the fire protection systems of the structure have been tested and approved.
SECTION 903 AUTOMATIC SPRINKLER SYTEMS
Section 903 shall be DELETED in its entirety and REVISED to read as follows:
903.1. General. All automatic sprinkler systems shall comply with the Eloy Fire Code as adopted by the Eloy Mayor and City Council and amended from time to time.
SECTION 907 FIRE ALARM AND DETECTION SYTEMS
Section 907 shall be DELETED in its entirety and REVISED to read as follows:
907.1. General. All fire alarm and detection systems shall comply with the Eloy Fire Code as adopted by the Eloy Mayor and City Council and amended from time to time.
CHAPTER 10 MEANS OF EGRESS
SECTION 1010 DOORS, GATES AND TURNSTILES
Section 1010.1.10 Panic and fire exit hardware. REVISE this section by REMOVING "and over 6 feet wide" from the last paragraph.
CHAPTER 11 ACCESSIBILITY. REVISE this Chapter by amending the following sections to read as follows:
SECTION 1101 GENERAL
1101.1 Scope. The provisions of this chapter and Arizona Revised statutes, ARS sections 41-1492 through 41-1492.12 shall control the design and construction of facilities for accessibility for individuals with disabilities.
SECTION 1102 COMPLIANCE
1102.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1 and in accordance with provisions State of Arizona Attorney General Administrative Rules R10-3-401 through R-10-3-404 (2010 ADA Standards for Accessible Design, referred to as "2010 Standards", adopted by the U.S. Department of Justice), whichever standard provides the greatest degree of accessibility.
SECTION 1103 SCOPING REQUIREMENTS
Section 1103.2.5 Construction sites. REVISE this section by ADDING the following sentences to the end of the section:
Public areas of temporary sales offices/trailers shall be required to be accessible and there shall be accessible parking adjacent to an approved accessible route which leads throughout the public portions of the sales/office trailer including the design center. Accessible toilets shall be provided in accordance with this code.
CHAPTER 16 STRUCTURAL DESIGN
SECTION 1607 LIVE LOADS
Table 1607.1 MINIMUM UNIFORMLY DISTRIBUTED LOADS, AND MINIMUM CONCENTRATED LIVE LOADS, Item #25. Residential is AMENDED to read as follows:
Habitable attics and sleeping areas: 40
SECTION 1609 WIND LOADS
Section 1609.5.1 Roof deck.
ADD new Section 1609.5.1.1 Uplift resistance to mitigate microburst effects.
The minimum uplift resistance shall be determined in accordance with ASCE 7 and by either method 1 or 2 as outlined below:
1. Design-based wind uplift criteria.
Wind uplift requirements shall be determined by using wind design value of 110 mph within Table 2308.7.5 for the continuous load path transmitting the uplift forces from the rafters to the foundation.
2. Prescriptive-based wind uplift criteria.
(Note that the requirements of this section are in addition to those required for the structural connection of wood members.)
2.1 Conventionally-framed wood or cold-formed steel structures.
All bearing wall connections shall be clipped with either approved structural sheathing or approved clips to provide a continuous load path from the joist or truss above through the ledger or double top plate to the bottom sole plate. Where clips are used, they shall be minimum Simpson H2.5 (A34 at ledger), or equivalent of the configuration to match the connection of the framing members and spaced at intervals not to exceed 24 inches on center. All platform framing members require either strapping listed for the purpose or continuous sheathing over rim joists to connect the upper and lower stud at each floor level. All non-bearing exterior walls shall be fastened as above except that the spacing may be increased not to exceed every other stud.
CHAPTER 18 SOILS AND FOUNDATIONS
SECTION 1806 PRESUMPTIVE LOAD-BEARING VALUES OF SOILS
Section 1806.1 Load combinations. REVISE by ADDING the following to the end of the paragraph:
In lieu of the presumptive load-bearing values of Table 1806.2, a soils report is required for new commercial and residential construction.
Section 1806.2 Presumptive load-bearing values. REVISE by ADDING the following to the end of the paragraph:
In lieu of the presumptive load-bearing values of Table 1806.2, a soils report is required for new commercial and residential construction.
CHAPTER 19 CONCRETE
SECTION 1901 GENERAL
Section 1901.2 Plain and reinforced concrete. REVISE by ADDING the following to the end of the paragraph:
All reinforced and unreinforced concrete structures shall be designed and constructed to meet the minimum requirements of Seismic Design Category B.
CHAPTER 21 MASONRY
SECTION 2106 SEISMIC DESIGN
Section 2106.1 Seismic design requirements for masonry. REVISE by ADDING the following to the end of the paragraph:
All masonry structures shall be designed and constructed to meet the minimum requirements of Seismic Design Category C.
CHAPTER 29 PLUMBING SYSTEMS
SECTION 2902 MINIMUM PLUMBING FACILITIES
Table 2902.1 Minimum Number of Required Plumbing Fixtures. This table is MODIFIED by REVISING footnote "f" to read as follows:
f. Occupancy loads over 50 shall have drinking fountain(s) in accordance with this table. Where water is served in drinking or dining establishments, drinking fountains shall not be required.
Table 2902.1 Minimum Number of Required Plumbing Fixtures. This table is MODIFIED by ADDING the following footnotes:
g. Drinking fountain shall not be installed in toilet rooms.
h. In each men's toilet room, urinals shall not be substituted for more than 67% of the required water closets. Where only two water closets are required, one urinal may be substituted for a water closet.
i. Handwashing facilities shall be available in the kitchen for employee use.
CHAPTER 31 SPECIAL CONSTRUCTION
SECTION 3109 SWIMMING POOLS, SPAS AND HOT TUBS
Section 3109.0 General. REVISE by ADDING the following to the end of the sentence:
Swimming pool, spa and hot tub enclosures and safety devices shall be installed pursuant to Arizona Revised Statutes § 36-1681, as amended.
APPENDEX I is REVISED by DELETING Section I105.2 Footings in its entirety.
End of IBC amendments. (Ord. 20-900, 12-14-2020)