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(A) Minimum deposit. A contractor, at his option, may open a contractor's deposit account. If accepted for an account, the contractor will deposit with the Division of Building Safety the minimum sum of $100 which will be credited to his account.
(B) Securing a permit. To secure a permit, the contractor may either call the Building Safety Division, or come into the division and provide such information as is required (e.g., size of service, number of branch circuits, traps, remote units, and the like) on which permit charges are based.
(C) Verification of funds. At the time, the permit clerk will check the account ledger to ensure that the funds are available and will provide the caller with a permit number and costs. The clerk will also advise the contractor when the account is getting low, based upon a usage factor.
(D) Fine for insufficient funds. There will be a $10 fine assessed for all insufficient fund checks. This assessment, along with the amount of the insufficient funds, will be paid in cash to the Division of Building Safety.
('80 Code, § 7-93) (Ord. 1938, passed 6-18-80)
(A) Permits will not be issued unless there is sufficient deposit on hand to cover the requested issuance of permits. This deposit may be by mail or made in person. Penalty fees, such as reinspection fees, shall not be charged against this account.
(B) The monies received as deposit on the contractor's account shall be sent daily to the Customer Service Division.
(C) The ledger of accounts shall be closed and balanced as of the last working day of each month. Before the 15th day of the following month, a carbon (pink) copy of all permits debited against an account shall be forwarded to the contractor.
('80 Code, § 7-94) (Ord. 1938, passed 6-18-80)
Building Conservation
(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 Existing Building Code, which was made public record by Resolution R2018-031, including Appendix A, of said Existing Building Code, as amended herein, are hereby adopted by reference and made a part hereof as if fully set out in the entirety 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 fully set out in the entirety in this section.
('80 Code, § 7-116) (Ord. 2547, passed 12-18-91; Ord. O2003-50, passed 10-15-03; Ord. O2013-12, passed 4-3-13; Ord. O-2013-49, passed 9-18-13; Ord. O2018-052, passed 12-5-18)
Charter reference:
Adoption of technical codes, see Charter Art. VII, § 6(g)(6)
Statutory reference:
Adoption of technical codes, see A.R.S. §§ 9-801 et seq.
The following amendments, additions, and deletions are hereby made to the 2018 International Existing Building Code, as adopted by this subchapter. Paragraph, section numbers refer to the International Existing 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. Amend to read, "These regulations shall be known as the Existing Building Code of the City of Yuma, hereinafter referred to as 'this code.'"
(B) Section [A] 103.1 Creation of enforcement agency. Amend to read, "The Department of Community Development, Building Safety Division is hereby created and the official in charge thereof shall be known as the building official.'"
(C) "Section [A] 103.1.1. Amend all sections of this code to substitute 'building official' for the term 'code official. '"
(D) Section [A] 105.2 Work exempt from permit. Add new item #7, under "Building:"
7. "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."
(E) Section [A] 105.3.2 Time limitation of application. Amend first sentence to read, "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."
(F) Section [A] 106.2.2 Fire protection system(s) shop drawings. Amend to read, "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 of the International Building Code."
(G) Section [A] 108.2 Schedule of permit fees. Amend by adding Building Permit Fee Table 1-A:
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. | |
(H) "Section [A] 108.2.1 Plan review fees. When submittal documents are required by Section [A] 106.1, 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] 108.2 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."
(I) Section [A] 108.6 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."
(J) Section [A] 108.4 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."
(K) Section [A] 109.3.5 Lath or gypsum board inspection. Delete exception to section.
(L) Section [A] 112.1 General. Add to end of section, "The membership of the Residential Advisory Board, as prescribed in Section 150-175 of the Yuma City Code, will be the Board of Appeals for Residential appeals (one- and two-family dwellings). The membership of the Building Advisory Board, as prescribed in Section 150-008 of the Yuma City Code, will be the Board of Appeals for Commercial appeals."
(M) Section [A] 112.3 Qualifications. Delete section in its entirety.
(N) Section [A] 113.4 Violation penalties. Amend to read, "Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of 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 provision of this code, shall be subject to the penalty and fine described in this ordinance."
(O) Section [A] 114.3 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."
(P) Section 302.3 Additional codes. Amend "International Fire Code" in first sentence to "current adopted fire code". Add to end of section. "Substitute 'current adopted fire code' throughout this code for the term 'International Fire Code'."
(Q) SECTION 305 ACCESSIBILITY FOR EXISTING BUILDINGS. Delete section and subsections in its entirety and add new section to read, "SECTION 305 ACCESSIBILITY FOR EXISTING BUILDINGS.
Create new section "305.1 Scope. Accessibility provisions for maintenance, change of occupancy, additions and alterations to existing buildings and facilities, including those identified as historic buildings, shall comply 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), unless it is technically infeasible. Where compliance with this section is technically infeasible, the alteration shall provide access to the maximum extent that it is technically feasible."
(R) Section [BS] 401.3 Flood hazard areas. Delete section it its entirety in favor of adopted City floodplain ordinances.
(S) Section [BS] 502.3 Flood hazard areas. Delete section it its entirety in favor of adopted City floodplain ordinances.
(T) Section [BS] 503.2 Flood hazard areas. Delete section it its entirety in favor of adopted City floodplain ordinances.
(U) Section [BS] 701.3 Flood hazard areas. Delete section in its entirety in favor of adopted City floodplain ordinances.
(V) Section 805.4.4 Panic Hardware. Amend first sentence to read, "In any work area, and in the egress path from any work area to the exit discharge, in buildings or portions thereof of Group A assembly occupancies and Group E educational occupancies with an occupant load greater than 50, all required exit doors equipped with latching devices shall be equipped with approved panic hardware."
(W) Section [B] 1201.4 Flood hazard areas. Delete section it its entirety in favor of adopted City floodplain ordinances.
(X) Section [BS] 1301.3.3 Compliance with flood hazard provisions. Delete section in its entirety in favor of adopted City floodplain ordinances.
('80 Code, § 7-117) (Ord. 2547, passed 12-18-91; Ord. O2003-50, passed 10-15-03; Ord. O2013-12, passed 4-3-13; Ord. O2018-052, passed 12-5-18)
Residential Advisory Board
(A) There is hereby established a Residential Advisory Board for the purpose of advising the building official in matters pertaining to the development and enforcement of the One and Two Family residential construction codes. Duties of the Residential Advisory Board shall be as set forth as prescribed in this section. The Board shall consist of nine members to be appointed by the Mayor and City Council. The Fire Chief, or designee, shall be non-voting member. The Director of Community Development or designee shall be a non-voting member and shall serve as secretary to said Board.
(1) Members shall serve a term of five years, except that three of the initial members shall be designated upon appointments to serve a first term of two years, three shall be designated to serve a first term of four years, and three shall be appointed to regular terms of five years. Beginning July 1, 2011, all terms will expire on December 31 of the term expiration year.
(2) Upon receiving notice of a vacancy on the Board, the Board shall solicit input for replacement members, for a period of 30 days, from professional, trade, industry, associations and groups to serve on the Board. The Board will provide the list of nominees to the Mayor and City Council for their consideration and appointment.
(3) Members shall serve without compensation; however, the Council may allow such expenditures as are necessary for the performance of their duties.
(4) Appointed members shall meet these qualifications:
(a) All must meet the requirements of Article IX of the Charter of the City of Yuma;
(b) At least four 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 one 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 herein, the City Council may select a person whose background approximates the knowledge and expertise being sought.
(5) Any member whose term expires shall be eligible for reappointrnent to another five-year term.
(6) Members of the Board may be removed by the 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.
(7) lf 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 Council.
(8) The Board, each January, shall elect a chairman and vice chairman from among the appointive members. The Board shall adopt such 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 Residential Advisory and Appeals Board.
(9) Five members of the Residential Advisory Board shall constitute a quorum for transacting business.
(10) A majority vote of those Residential Advisory 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 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.
(B) Duties of the Residential Advisory Board. The Board shall be responsible for:
(1) Recommending to Council desirable residential construction code standards, and amendments thereto;
(2) Soliciting or receiving input from members of the design and construction industry, and the general public, concerning residential construction code issues, concerns, or trends, and providing appropriate direction to the Director of Community Development, as required;
(3) Recommending residential construction code-related education and training programs, activities, or events for members of the design and construction industry, and providing appropriate direction to the Director of Community Development for the purposes of implementation;
(4) Serve as an appeals board for the purpose of hearing and deciding appeals of orders decisions, or determinations made by the Community Development Department staff relative to the application and interpretation of the residential construction codes.
(C) Sec. 107. That Section 107 be amended tor read as follows:
Right of Appeal: That the section heading "Right of Appeal" be amended to read "Residential Advisory Board." Whenever reference is made to the Board of Appeals it shall be construed to mean the Residential Advisory Board as defined herein.
(D) Sec. 107.1. That Section 107.1 be amended to read as follows:
Appeals Procedure. The Residential Advisory Board shall also serve as the board of appeals in deciding appeals of orders, decisions, or determinations made by the Community Development Department staff relative to the application and interpretation of the One and Two Family Dwelling residential construction codes. Any person may appeal the interpretation of the residential construction codes in accordance with the following:
(1) The appeal shall be in writing to the Director of Community Development upon such forms as provided by the Director. The appeal shall set forth the code section in dispute and an explanation of the reasons upon which the person filing the appeal believes the Community Development Department staff has incorrectly interpreted the code.
(2) The Director shall promptly review the appeal and prepare a written report and recommendation, which shall be provided to the Appeals Board.
(3) The Director shall, at least 48 hours prior to the meeting, notify each member of the Board.
(4) The Appeals Board, upon receipt of the appeal from the Director, shall conduct a hearing to review the appeal and the staff report. The Board shall receive testimony concerning the appeal from city staff, the person filing the appeal, and from the public.
(5) Following the hearing, the Appeals Board shall vote to reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Community Development Department staff, and make such order, requirement or determination as necessary, with or without conditions or alterations.
(6) The Residential Advisory Board's decision shall be deemed final unless overturned by a court of competent jurisdiction.
(E) Sec. 107.2. That Section 107.2 be amended to read as follows:
Limitations of Authority: The Residential Advisory Board shall have no authority relative to the interpretation of the adopted administrative provisions of the One and Two Family Dwelling Residential Code nor shall the board be empowered to waive requirements of this code.
(Ord. O2000-68, passed 9-20-00; Ord. O2004-35, passed 6-16-04; Ord. O2010-66, passed 1-5-11)
Residential Construction Code
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