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Building Advisory Board
(A) There is hereby established a Building Advisory Board (hereinafter referred to as "the Board") for the purpose of advising the building official in matters pertaining to the development and enforcement of the commercial building, plumbing, fuel gas, electrical, mechanical, energy efficiency, and property maintenance codes.
(B) Composition of the Board. The Board shall consist of nine members to be appointed by the City Council. The Fire Chief, or designee, shall be a non-voting member. The Director of Community Development, or designee, shall be a non-voting member and shall serve as secretary to the Board.
(1) Board members shall serve a term of five years.
(2) Board members shall serve without compensation; however, the City Council may allow such expenditures as are necessary for the performance of the Board's duties.
(3) Appointed Board members shall meet the following qualifications:
(a) All must meet the requirements of Article IX of the Charter of the City of Yuma;
(b) At least three shall be licensed Arizona General Contractors;
(c) At least one shall be a licensed Arizona Plumbing Contractor;
(d) At least one shall be a licensed Arizona Electrical Contractor;
(e) At least one shall be a licensed Arizona Mechanical Contractor;
(f) At least two shall be an Arizona Registered Engineer or Architect;
(g) At least one member shall be a citizen at large who shall be indirectly associated with the construction industry, such as an insurance agent, realtor, or appraiser.
(h) Should no professionals be available for appointment that meet the criteria listed in this division (B)(3), the City Council may select a person whose background approximates the knowledge and expertise being sought.
(4) Any Board member whose term expires shall be eligible for reappointment to another five-year term.
(5) Members of the Board may be removed by the City Council for inefficiency, neglect of duty or malfeasance in office, after a public hearing. A member missing three consecutively scheduled meetings without just cause shall be grounds for replacement by the City Council.
(6) If a vacancy on the Board occurs other than by an expiration of term, it shall be filled by appointment for the unexpired term. Such appointment shall be made by the City Council.
(7) Each January the Board shall elect a chairman and vice chairman from among the appointive members. The Board shall adopt rules and regulations as it sees fit for the proper and efficient discharge of their official duties. The Board may, in such rules and regulations, delegate certain responsibilities tasks to be performed by a sub-board or sub-boards of the Building Advisory Board.
(8) Five members of the Board shall constitute a quorum for transacting business.
(9) A majority vote of the Board members present and voting shall be required to take official action including, but not limited to, the adopting of policy, deciding of appeals, or submitting recommendations. No Board member shall be excused from voting except on matters involving the consideration of his own official conduct. In all other cases a failure to vote shall be entered in the minutes as an affirmative vote.
(C) Duties of the Building Advisory Board. The Board shall be responsible for:
(1) Recommending to City Council desirable building, plumbing, fuel gas, electrical, mechanical, energy efficiency, and property maintenance code standards for commercial buildings and structures, and amendments thereto. For purposes of this section, the term COMMERCIAL BUILDINGS AND STRUCTURES means all buildings or structures except those used exclusively for one- or two- family dwellings.
(2) Soliciting or receiving input from members of the design and construction industry, and the general public, concerning commercial construction code issues, concerns, or trends, and providing appropriate direction to the Director of Community Development or designee, as required.
(3) Recommending commercial construction code-related education and training programs, activities, or events for members of the design and construction industry and the public, and providing appropriate direction to the Director of Community Development or designee, for the purposes of implementation of same.
(4) Serving as an appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Community Development Department, Building Safety Division staff relative to the application and implementation of the commercial construction codes.
(D) Limitations of authority. The Board shall have no authority relative to the implementation of the adopted administrative provisions of the commercial construction codes, nor shall the Board be empowered to waive requirements of these codes.
(E) Appeals procedure. The Building Advisory Board shall serve as the board of appeals in deciding appeals of orders, decisions, or determinations made by the Community Development Department, Building Safety Division staff relative to the application and implementation of the commercial construction codes. Any person may appeal the interpretation of the commercial construction codes in accordance with the following:
(1) The appeal shall be in writing to the Director of Community Development or designee, upon such forms as provided by the Director of Community Development or designee. The appellant shall set forth the code section in dispute and explain the reasons upon which the appellant believes the Community Development Department, Building Safety Division staff has incorrectly interpreted the code.
(2) The Director of Community Development or designee shall promptly review the appeal and prepare a written report and recommendation, which shall be provided to the board of appeals.
(3) The Board, upon receipt of the appeal from the Director of Community Development or designee, shall conduct a hearing to review the appeal and the staff report at the Board's convenience, but not later than 20 days after the receipt of the appeal and staff report. The Director of Community Development or designee shall, at least 48 hours prior to the hearing, notify each member of the Board, and the appellant, of the date, time and place of hearing.
(4) At the hearing, the Board shall receive testimony concerning the appeal from City staff, the appellant, and from the public. The appellant shall appear in person before the Board or may be represented by legal counsel and may introduce evidence to support his or her claim. The appellant shall conduct, at his or her own expense, any tests or research required by the Board to substantiate his or claim.
(5) Following the hearing, the Board shall vote to reverse or affirm, in whole or in part, or modify the order, requirement or decision of the Community Development Department, Building Safety Division staff, and make such order, requirement or determination as necessary, with or without conditions or alterations. The Board shall keep an accurate record of all its official transactions and render all such decisions and findings in writing to the appellant and to other person or persons the Director of Community Development or designee may require and direct.
(6) The decision of the Board shall be deemed final unless overturned by a court of competent jurisdiction.
(Ord. O2015-033, passed 7-1-15)
Building Code
(A) That certain documents, three copies of which are on file as public record in the office of the City Clerk of the City of Yuma, being marked and titled as the 2018 International Building Code which was made public record by Resolution R2018-029, including Appendices C, I, and J of said building code, as amended herein, are hereby adopted by reference and made a part hereof as if fully set out herein.
(B) Arizona Revised Statutes, Title 41, Chapter 9, Article 8 (A.R.S. § 41-1492 et seq.) is hereby adopted by reference as if set out in full in this section.
(Ord. O98-24, passed 4-15-98; Ord. O2003-49, passed 10-15-03; Ord. O2013-14, passed 4-3-13; Ord. O2013-49, passed 9-18-13; Ord. O2018-050, passed 12-5-18)
The following amendments, additions, and deletions are hereby made to the 2018 International Building Code, as adopted by this subchapter. Paragraph, section numbers refer to the International Building Code, 2018 edition numbering system. Code references not amended in this section shall be enforced as published in the reference document.
(A) Section [A] 101.1 Title. "These regulations shall be known as the Building Code of the City of Yuma, hereinafter referred to as 'this code.'"
(B) Section [A] 101.4.5 Fire prevention. "The provisions of the current adopted fire code 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."
(C) Section [A] 103.1 Creation of enforcement agency. "The Department of Community Development, Building Safety Division is hereby created and the official in charge thereof shall be known as the building official."
(D) Section [A] 104.10.1 Flood hazard areas. Delete section in its entirety in favor of adopted City floodplain ordinances.
(E) Section [A] 105.2 Work exempt from permit. Add the following additional item under the heading, "Building:"
14. "Window replacements of like size where framing is not altered and any required emergency egress dimensions are not diminished from existing, in Group R-3 one-and two-family dwellings and installed by either a licensed contractor or owner-occupant of the residence."
(F) Section [A] 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, 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 or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause shall be demonstrated."
(G) Section 105.8 Construction Debris. Construction sites shall be kept reasonably clean of construction debris during the course of construction. Construction debris shall be removed or retained on the lot and not be at risk to be displaced from the lot by wind. Debris shall not be allowed to transfer to adjacent lots or City rights-of- way.
If the Building Official determines that the construction site is not in compliance with this section or the debris presents a safety hazard for inspection personnel, inspections shall not be performed until the construction site is cleaned.
(H) Section [A] 107.2.2 Fire protection system shop drawings. "Plan submittal documents shall include either a statement of the design criteria for the fire protection system(s) to also include a current fire flow test within the past 12 months, or the complete design, plans, calculations and data for the fire protection system(s). If only the design criteria is initially submitted, the complete design, plans, calculations and data for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. In addition, where applicable, shop drawings, calculations and data shall be submitted and shall contain all information as required by the referenced installation standards in Chapter 9."
(I) Section [A] 107.2.6.1 Design flood elevations. Delete section in its entirety in favor of adopted City floodplain ordinances.
(J) Section [A] 109.2 Schedule of permit fees.
Table 1-A: BUILDING PERMIT FEES
Schedule of Building Permit Fees | |
Total Valuation | Fee |
Schedule of Building Permit Fees | |
Total Valuation | Fee |
$1 to $500 | $50.00 |
$501 to $2,000 | $50.00 for the first $500 plus $4 for each additional $100, or fraction thereof, to and including $2,000 |
$2,001 to $25,000 | $110.00 for the first $2,000 plus $16 for each additional $1,000, or fraction thereof, to and including $25,000 |
$25,001 to $50,000 | $478.00 for the first $25,000 plus $12 for each additional $1,000, or fraction thereof, to and including $50,000 |
$50,001 to $100,000 | $780.00 for the first $50,000 plus $8 for each additional $1,000, or fraction thereof, to and including $100,000 |
$100,001 to $500,000 | $1,180.00 for the first $100,000 plus $6 for each additional $1,000, or fraction thereof, to and including $500,000 |
$500,001 to $1,000,000 | $3,580.00 for the first $500,000 plus $6 for each additional $1,000, or fraction thereof, to and including $1,000,000 |
$1,000,001 and up | $6,580.00 for the first $1,000,000 plus $4 for each additional $1,000, or fraction thereof |
Other Inspections and Fees: 1. Permit fees for mechanical, plumbing and electrical shall be as indicated per applicable fee tables of the respective ordinances. 2. Inspections outside of normal business hours, $50 per hour* (minimum charge - 2 hours) 3. Reinspection fees of $50 per hour*, for work not ready for inspection. 4. Inspections on weekends and holidays, $100 per hour* (minimum charge - 2 hours). 5. Inspection fees for which no fee is specifically indicated, $50 per hour* (minimum charge - one-half hour) 6. Additional plan review required by changes, additions or revisions to plans, $50 per hour* (minimum charge - one-half hour) 7. For use of outside consultant. For plan checking and inspections, or both Actual Costs** | |
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This shall include supervision, hourly wages and fringe benefits of the employee involved. ** Actual costs include administrative and overhead costs. | |
(K) "Section [A] 109.2.1 Plan review fees. When submittal documents are required by Section [A] 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A.
The plan review fees specified in this section are separate fees from the permit fees specified in Section [A] 109.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table 1-A."
(L) Section [A] 109.4 Work commencing before permit issuance. Add to end of section, "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 determined by the building official, based on the circumstances, nature, and severity of the infraction. The minimum investigation fee shall be $50.00 and the maximum shall be an amount up to the same as the fee set forth in Table 1-A."
(M) Section [A] 109.6 Refunds."The building official shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment."
(N) Section [A] 110.3.5 Lath and gypsum board inspection. Delete exception to section.
(O) Section [A] 110.3.10.1 Flood hazard documentation. "If located in a flood hazard area, documentation of the elevation of the lowest floor as required in adopted City floodplain ordinances shall be submitted to the building official and the City floodplain administrator prior to the final inspection."
(P) Section [A] 113.1 General. Add to end of section, "The membership of the Building Advisory Board, as prescribed in Section 150-008 of the Yuma City Code, will be the Board of Appeals."
(Q) Section [A] 113.3 Qualifications. Delete section in its entirety.
(R) Section [A] 114.4 Violation penalties."Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalty and fine described iri this ordinance."
(S) Section [A] 115.3 Unlawful continuance. Amend to read, "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalty and fine described in this ordinance."
(T) CHAPTER 11 ACCESSIBILITY. Delete entire text of Chapter 11 and amend to read, "Buildings and facilities shall be designed and constructed to be accessible in accordance with Arizona Revised Statutes, Title 41, Chapter 9, Article 8, Public Accommodations and Services, The Arizonans with Disabilities Act, R10-3-401 through R10-3-404, which includes - 28 CFR 35 and 28 CFR 36 and Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG)."
(U) Section 1609.3 Basic design wind speed. Add to end of Section, "The basic design wind speed, V for all locations in City of Yuma shall be as follows:
Risk Category I: 93 mph
Risk Category II: 99 mph
Risk Category III: 106 mph
Risk Category IV: 110 mph
(V) SECTION 1612 FLOOD LOADS. Delete section in its entirety in favor of adopted City floodplain ordinances."
(W) Section 1613.2.5 Determination of seismic design category. Add to end of section, "Regardless of design methodology utilized, all locations in City of Yuma shall be classified as Seismic Design Category D."
(X) Section 1611.1 Design rain loads. Add to end of section, "Design hourly rainfall for all locations in City of Yuma shall be taken as 2.25 inches (56 mm)."
(Y) Section 1705.6 Soils. Amend exception to read:
"Exception: Where Section 1803 does not require reporting of materials and procedures for fill placement, the special inspector shall verify that the in-place dry density of the compacted fill is not less than 90 percent of the maximum dry density at optimum moisture content determined in accordance with ASTM D 1557, or not less than 95 percent of the maximum dry density at optimum moisture content determined in accordance with ASTM D 698 where approved by the building official."
(Z) Section 1804.6 Compacted fill material. Amend exception to read:
"Exception: Compacted fill material 12 inches (305 mm) in depth or less need not comply with an approved report, provided the in-place dry density is not less than 90 percent of the maximum dry density at optimum moisture content determined in accordance with ASTM D 1557, or not less than 95 percent of the maximum dry density at optimum moisture content determined in accordance with ASTM D 698 where approved by the building official. The compaction shall be verified by special inspection in accordance with Section 1705.6"
(AA) Section 2304.10.5.1 Fasteners and connectors for preservative-treated wood. Add second exception to section and renumber accordingly:
"2. Fasteners for preservative-treated wood sill plates to studs in areas not normally subjected to high moisture."
(BB) Section 2512.1.2 Weep screeds. Amend second sentence to read, "The weep screed shall be placed a minimum of 4 inches above the earth (102 mm) or ¾" (19 mm) above paved areas and be of a type that will allow trapped water to drain to the exterior of the building."
(CC) Section 2902.6 Small Occupancies. Add to end of section, "In other than Assembly uses and Educational facilities, drinking fountains are not required for an occupant load of 25 or fewer."
(DD) [P] Table 2902.1 Minimum Number of Required Plumbing Fixtures. Add second sentence to footnote "f" of table, "In other than Group A and E Occupancies, drinking fountains are not required for an occupant load of 25 or fewer."
(EE) Section 3304.2 Dust Control. Prior to construction, a plan shall be submitted to the building official outlining the steps that will be taken throughout construction to minimize and control dust associated with the project."
(FF) Section J101.1 Scope. Add to end of section, "The provisions of this chapter are intended to be used in conjunction with the provisions set forth in City Ordinance No. 1670; and 1836; and O2004-72; and O2005-15; and O2006-38; and O2007-78."
(GG) Section J103.1 Permits required. Amend by adding Grading Permit Fee Table J-l, in accordance with fee provisions of Section [A] 109 Fees:
TABLE J-1 - GRADING PERMIT FEES
Schedule of Grading Permit Fees | |
Cubic Yards | Fee |
Schedule of Grading Permit Fees | |
Cubic Yards | Fee |
1 to 50 | $23.50 |
51 to 100 | $37.00 |
101 to 1,000 | $37.00 for the first 100 plus $17.50 for each additional 100 cubic yards, over 100 cubic yards, or fraction thereof |
1,001 to 10,000 | $194.50 for the first 1,000 plus $14.50 for each additional 1,000 cubic yards, over 1,00 cubic yards, or fraction thereof |
10,001 to 100,000 | $325.00 for the first 10,000 plus $66.00 for each additional 10,000 cubic yards, over 10,000 cubic yards, or fraction thereof |
100,001 or more | $919.00 for the first 100,000 plus $36.50 for each additional 100,000 cubic yards, over 100,000 cubic yards, or fraction thereof |
Other Inspections and Fees: 1. Inspections outside of normal business hours, $50 per hour* (minimum charge - 2 hours) 2. Reinspection fees of $50 per hour*, for work not ready for inspection. 3. Inspection fees for which no fee is specifically indicated, $50 per hour* (minimum charge - one-half hour) 4. Inspections on weekends and holidays, $100 per hour* (minimum charge - 2 hours). 5. For use of outside consultant. For inspections, Actual Costs** | |
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This shall include supervision, hourly wages and fringe benefits of the employee involved. ** Actual costs include administrative and overhead costs. | |
(HH) "Section J104.5 Plan review fees. When submittal documents are required by Section J104.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with Table J-2 Grading Plan Review Fees.
The plan review fees specified in this section are separate fees from the permit fees specified in Section J103.1 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table J-2"
TABLE J-2 - GRADING PLAN REVIEW FEES
Schedule of Grading Permit Fees | |
Cubic Yards | Fee |
Schedule of Grading Permit Fees | |
Cubic Yards | Fee |
1 to 50 | No fee |
51 to 100 | $23.50 |
101 to 1,000 | $37.00 |
1,001 to 10,000 | $49.25 |
10,001 to 100,000 | $49.25 for the first 10,000 plus $24.50 for each additional 10,000 cubic yards, over 10,000 cubic yards, or fraction thereof |
100,001 to 200,000 | $269.75 for the first 100,000 plus $13.25 for each additional 100,000 cubic yards, over 100,000 cubic yards, or fraction thereof |
200,001 or more | $402.25 for the first 200,000 plus $7.25 for each additional 100,000 cubic yards, over 200,000 cubic yards, or fraction thereof |
Schedule of Grading Permit Fees | |
Other Fees: 1. Additional plan review required by changes, additions or revisions to plans, $50 per hour* (minimum charge - one-half hour) 2. For use of outside consultant. For plan checking, Actual Costs** | |
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This shall include supervision, hourly wages and fringe benefits of the employee involved. ** Actual costs include administrative and overhead costs. | |
(II) Section J107.5 Compaction."All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D 1557, Modified Proctor, or 95 percent of maximum density as determined by ASTM D 698, Standard Proctor where approved by the building official, in lifts not exceeding 12 inches (305 mm) in depth, or as recommended in the certified geotechnical report."
(Ord. O98-24, passed 4-15-98; Ord. O2003-49, passed 10-15-03; Ord. O2004-35, passed 6-16-04; Ord. O2006-22, passed 3-22-06; Ord. O2010-66, passed 1-5-11; Ord. O2013-14, passed 4-3-13; Ord. O2018-050, passed 12- 5-18)
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