(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)