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(a) Created. There is created, in joint action with Pima County, a committee to be called the "Tucson-Pima County Consolidated Code Committee". The committee shall consist of seven (7) members.
(b) Membership. The membership of the committee shall not be employees of the city or the county, except that the city and the county may each appoint one (1) staff person to serve as an ex officio, nonvoting member. The committee shall consist of seven (7) members, each of whom shall possess one (1) or more of the following qualifications:
(1) An architect registered in the State of Arizona;
(2) A professional structural engineer registered in the State of Arizona;
(3) A design professional registered in the State of Arizona with mechanical and plumbing engineering experience or a mechanical contractor with at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work;
(4) A design professional registered in the State of Arizona with electrical engineering experience or an electrical contractor with at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work;
(5) A general residential contractor;
(6) A general commercial contractor;
(7) A contractor engaged in the electrical, mechanical or plumbing trade.
The city manager shall recommend qualified individuals for appointment by the mayor and council. Members shall serve staggered terms. In January of 2012 there shall be appointed seven (7) committee members, three (3) of whom shall be appointed for a term of two (2) years, and four (4) of whom shall be appointed for a term of four (4) years. All subsequent appointments shall be appointed for a term of four (4) years or until a Committee member's successor is appointed. Pursuant to Tucson Code, section 10A-134(b), members are not limited to a maximum of eight (8) years of continuous service.*
(c) Failure to attend meetings. If a member of the committee fails to attend four (4) consecutive meetings for any reason, or fails to attend at least forty (40) percent of the meetings called in a calendar year, that member's appointment shall be terminated, and the member shall be automatically and immediately removed as a member of the committee. This provision does not apply to a nonvoting or ex-officio member of the committee appointed by the city or Pima County.
(d) Filling of vacancies. An appointment to fill a vacancy resulting other than from expiration of a term shall be for the unexpired term only.
(e) Chairperson and vice-chairperson. The committee shall elect from its membership a chairperson and a vice-chairperson, who shall serve for terms of two (2) years. The vice-chairperson shall act as chairperson in the absence or disability of the chairperson, or in the event of a vacancy in that office.
(f) Compensation. Members of the committee shall serve without compensation.
(g) Requirements for quorum and for committee action. A majority of the authorized membership of the committee shall constitute a quorum. The concurrence of the majority of the members present and constituting a quorum shall be the act of the committee.
(h) Rules and regulations. The committee shall be subject to the official rules, regulations, and bylaws for code committees functions and duties in the performance of its advisory duties and the rules of the board of appeals when performing its duty in hearing appeals except where provided to the contrary herein, and may adopt other rules and regulations consistent with this article, as it deems necessary or advisable regarding additional advisory duties and responsibilities. One copy of all applicable rules will be filed with and available through the Tucson city clerk's office.
(i) Limitation of powers. Neither the committee nor any of its members shall incur expenses, or obligate the city and/or the county in any way, without prior authorization from both the mayor and council and the Pima County board of supervisors.
(Ord. No. 10950, § 2, 12-20-11, eff. 1-20-12)
*Editor's note – Section 4 of Ord. No. 10950 provides: "Concurrent Service Permitted. T.C. § 10A-134(c) does not apply to the Committee. Members of the Committee may serve concurrently on other City committees, boards or commissions."
(a) Advisory and monitoring functions. The committee shall hear, review, and make recommendations to the elected officials of the city regarding, amendments being studied for adoption to the latest: Building Code, Residential Code, Existing Building Code, Electrical Code, Energy Conservation Code, Mechanical Code, Plumbing Code, and any swimming pool and/or spa code or any code that may be adopted by the City of Tucson in the future and made the purview of the committee by separate ordinance. The committee shall act as standing committee between the time of adoption of a new code and the time a newer edition of the code is under review. The standing committee shall monitor the performance of the code in effect and shall record and recommend changes in future codes. In the event that a conflict in the newest adopted code becomes evident, and can only be resolved by code amendment, the standing committee may convene in order to prepare such amendment for adoption by the governing bodies.
(b) Board of appeals. The committee shall also act as the board of appeals, in order to determine the suitability of alternate materials or alternate types or methods of construction and of installation of building service equipment under the provisions of the building, residential, existing building, electrical, energy conservation, fire, outdoor lighting, mechanical, plumbing, solar system and spa/pool codes of the city, or any code that may be adopted by the City of Tucson in the future and made the purview of the committee by separate ordinance and to provide for reasonable interpretations of the provisions of such codes.
(Ord. No. 10950, § 2, 12-20-11, eff. 1-20-12)
In order to determine the suitability of alternate materials or alternate types or methods of construction and of installation of building service equipment under the provisions of the Building Safety Administrative Code, building, electrical, fire, light pollution, mechanical, plumbing, solar system and spa/pool codes of the city, and to provide for reasonable interpretations of the provisions of such codes and the address numbering and dangerous buildings codes, there shall be, and there is hereby created a board of appeals consisting of seven (7) members who shall be selected upon the following qualifications:
(1) An architect duly licensed in the State of Arizona;
(2) A professional engineer duly licensed in the State of Arizona;
(3) A general contractor duly licensed in the State of Arizona;
(4) A person representing the consuming public;
(5) A person engaged in the electrical, mechanical or plumbing trade;
(6) Two (2) persons who may be engaged in the construction and design industry.
The board of appeals members shall be appointed by the mayor and council, shall serve without compensation, and shall hold office and be subject to removal therefrom as provided in article XIII of chapter 10A of the Tucson Code. The board of appeals shall recommend an individual to serve as the representative of the consuming public.
(Code 1953, ch. 9, § 1; Ord. No. 2354, § 1, 10-15-62; Ord. No. 4543, § 1, 9-27-76; Ord. No. 4764, § 1, 2-21-78; Ord. No. 6159, § 1, 1-21-85; Ord. No. 7176, § 1, 4-24-89)
Cross References: Provisions pertaining to boards, ch. XXIV.
The board of appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations; provided, such rules and regulations shall not be effective unless three (3) copies of same are filed with the city clerk, and provided further, that same are not inconsistent with the codes and ordinances of the city. The board shall render all decisions and findings in writing to the secretary of the board, with a duplicate copy to the inspector concerned, and with a duplicate copy to the applicant or appellant.
(1953 Code, ch. 9, § 1; Ord. No. 2354, § 1, 10-15-62)
Cross References: Filing of rules and regulations generally, 1 10A-136.
Decisions of the board shall be made by a majority vote of the members present at any meeting; provided that a quorum shall consist of a majority of the board members appointed at the time of that meeting.
(1953 Code, ch. 9, § 3; Ord. No. 2354, § 1, 10-15-62; Ord. No. 4903, § 1, 11-13-78; Ord. No. 7791, § 2, 4-13-92)
(A) Purposes.
(1) The purpose of this section is to give flexibility to the building codes and to encourage innovation in the building industry.
(2) This section establishes a procedure for approving changes in building practices where such changes are found to promote the health, safety and welfare of the people of Tucson.
(B) Definition of "Concept". When used in this section, "concept" means any alternate material or alternate type of construction which is not presently allowed by the building, fire, electrical, plumbing and gas, or mechanical codes of the city.
(C) Who May Apply. Any person or organization may propose a concept for approval.
(D) Application; Initiation and Requirements.
(1) Applications shall be filed at the offices of the inspection division of the City of Tucson.
(2) Each application shall include the following elements:
(a) A title for the proposed concept.
(b) A brief description of the proposed concept.
(c) A graphic representation of the proposed concept.
(d) A specific identification of the code provisions which would prevent application will specify in what manner the proposed concept provides for equivalent protection in the public interest.
(e) The application shall specify the public purposes which will be served by approval of the proposed concept.
(f) The application shall include a complete listing of any structures to which the proposed concept is to be applied, including a description of the proposed locations and the extent to which each such structure is to be affected.
(3) In addition, the application shall include any relevant descriptive, scientific or engineering literature dealing with the proposed concept or any other evidence which would assist the decision-making body in evaluating the application.
(E) Procedure; Board of Appeals.
(1) The board of appeals shall hold a public hearing on the proposed concept within sixty-five (65) calendar days after the date of application.
(2) Comment and evaluation.
(a) The inspection division shall send copies of the proposed concept to the planning department, the fire department, the chairperson of the architectural approval board and the chairperson of the fire and building code committee at least twenty-one (21) calendar days prior to the public hearing.
(b) The inspection division shall keep a copy of the proposed concept available for public inspection during the twenty-one (21) calendar days prior to the public hearing.
(c) Concerned persons or agencies may submit written comments before the public hearing or appear at the public hearing to express comment on the proposed concept. If a city agency plans to oppose a proposed concept, it shall submit a written statement summarizing its objections to the inspection division at least four (4) working days before the public hearing.
(d) The chief inspector shall submit a written recommendation on each proposed concept to the board of appeals at least four (4) working days before the public hearing.
(3) The board of appeals may take the following actions on an application:
(a) Approve the application as submitted.
(b) Approve the application subject to modifications.
(c) Deny the application with written findings which explain why the public interest requires denial.
(d) Postpone decision until additional studies or consultations are completed.
1. The board shall include a status report on the proposed concept at each regular meeting until it makes a decision.
2. The cost of additional studies may be assessed against the applicant. The board must inform an applicant as to the nature and extent of further studies and allow the applicant to withdraw his proposal if he decides the cost or delay would be prohibitive.
3. If the board determines that a proposed concept could be of major significance in reducing energy or construction costs, then the board may recommend to the mayor and council that the city contribute to additional studies.
(e) Certify a proposed concept for mayor and council review. This action shall be taken when the board determines that the proposed concept involves a question of policy properly left to elected representatives of the people. When the board refers a proposed concept to the mayor and council, it shall recommend approval or denial and explain its recommendation.
(4) Approval by the board of appeals shall become effective in thirty (30) days unless there is a mayor and council review.
(F) Procedure; Mayor and Council Review.
(1) The purpose of the mayor and council review is to provide oversight and policy guidance to the process of approving building innovations.
(2) The mayor and council will review proposed concepts when one (1) of the following events occurs:
(a) The board of appeals certifies an application for mayor and council review and transmits it records and recommendation to the office of the city clerk.
(b) The chief inspector, with the concurrence of the city manager, requests a mayor and council review and submits such request in written form to the office of the city clerk within fourteen (14) calendar days after the decision by the board of appeals.
(c) Three (3) members of the city council request a mayor and council review and submit such request in written form to the office of the city clerk within fourteen (14) calendar days after the decision by the board of appeals.
(3) The city clerk shall forward all requests for mayor and council review to the agenda committee of the city council, which shall schedule a mayor and council review within a reasonable period of time.
(4) The mayor and council review will not include a public hearing unless a majority of the mayor and council votes to have a public hearing.
(5) Approval by the mayor and council will be effective immediately to authorize use of the approved concept.
(G) Procedure; Court Review.
(1) Any person aggrieved by a decision of the city on a proposed concept shall file a special action within thirty (30) days after the decision becomes final. Board of appeals' decisions are final after thirty (30) days, and mayor and council decisions are final immediately.
(2) The court shall base its review on the actions taken by the city rather than hold a de novo hearing.
(H) Criteria for Decision. Decisions on applications under this section shall be guided by a balanced, overall consideration of the following criteria:
(1) The effect of the proposed concept on energy efficiency.
(2) The effect of the proposed concept on the cost of construction, lifetime costs of building operation, and overall quality and durability of structures.
(3) Whether the concept proposed is equivalent to the requirements of the building, fire, electrical, plumbing and gas, and mechanical codes, in quality, strength, effectiveness, fire resistance, durability and safety.
(4) The extent to which the above-mentioned code requirements are genuinely effective in securing quality, strength, effectiveness, fire resistance, durability and safety in structures.
(I) Procedure After a Concept Has Been Approved.
(1) Any person planning to use an approved concept shall notify the inspection department in writing before construction begins. Such notification shall include a complete listing of structures in which he plans to apply the concept, the location of such structures, and the extent to which each structure is to be affected.
(2) The building inspector will determine if the proposed use is consistent with the concept as approved by the board of appeals. The building inspector's approval will be sufficient authorization to proceed with the proposed use.
(3) In case a building inspector denies approval, the applicant can appeal a denial to be board of appeals by using the standard procedure for building code appeals.
(4) The chief inspector, a majority of the board of appeals, or three (3) members of the city council can resubmit an approved concept to the board of appeals if problems develop in its application. If approval of a concept is withdrawn, there will be no retroactive effect on projects already under construction unless there is a clear danger to the public health, safety and welfare.
(J) Record Keeping.
(1) The inspection division will keep a file of all approved concepts indexed in an appropriate manner and open to the public during regular office hours.
(2) The file for each approved concept will include the written submittals itemizing any later use of that concept. (See subsection (I)(1))
(K) Fire and Building Code Committee. The fire and building code committee shall review the file of approved concepts as part of regularly scheduled code revisions. Those innovations which the committee determines to have broad applicability shall be recommended to the mayor and council for adoption and integration into the appropriate codes.
(Code 1953, ch. 9, § 3; Ord. No. 2354, § 1, 10-15-62; Ord. No. 4403, § 1, 10-13-75; Ord. No. 4543, § 3, 9-27-76)
The secretary of the board of appeals shall be appointed to such duties by the chief inspector of the inspection department of the city, and he shall keep the minutes and records of the board; but the secretary shall have no voting power.
(Code 1953, ch. 9, § 4; Ord. No. 2354, § 1, 10-15-62)
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