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The following amendments, additions, and deletions are hereby made to the 2018 International Swimming Pool and Spa Code, as adopted by this subchapter. Paragraph, section numbers refer to the 2018 International Swimming Pool and Spa Code edition number system. Code reference 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 Swimming Pool and Spa 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. Amend all sections of this code that reference the code official by replacing to read the 'building official'"
(C) Create new section, "Section 105.1.1 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in a manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
1. Replacement of existing pool pumps and filters.
2. Re-plaster of existing pools.
3. Replacement of existing pool decks."
(D) Section [A] 105.6.2 Fee schedule. Amend by adding Building Permit Fee Table 1-A.
Table 1-A: BUILDING PERMIT FEES
Schedule of Building Permit Fees
$1 to $500
$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. Inspections on weekends and holidays, $100 per hour* (minimum charge - 2 hours).
4. Re-inspection fees of $50 per hour*, when work is not ready for inspection.
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.
(E) Create new section. "Section 126.96.36.199 Plan review fees. When submittal documents are required by Section [A] 104.2, 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] 105.6 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."
(F) Section [A] 105.6.3 Fee refunds. Amend to read, "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 or applicant not later than 180 days after the date of fee payment."
(G) Create new section, "Section 105.6.4 Work commencing before permit issuance. "Any person who commences work requiring a permit on a pool or spa before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees. 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."
(H) Create new section, "Section 106.20 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."
(I) Section [A] 107.4 Violation penalties. Amend to read, "Any person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa 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 in this ordinance."
(J) Section [A] 107.5 Stop work orders. Amend last sentence to read, "Any person who shall continue any work in or about the structure 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."
(K) Section [A] 108.2 Membership of the board. Amend to read, "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."
(L) Delete the following sections in their entirety:
Section [A] 108.2.1 Qualifications
Section [A] 108.2.2 Alternate members
Section [A] 108.2.3 Chairman
Section [A] 108.2.4 Disqualification of member
Section [A] 111.2.5 Secretary
Section [A] 111.2.6 Compensation of members
Section [A] 108.3 Notice of meeting
Section [A] 108.4 Open hearing
Section [A] 108.4.1 Procedure
Section [A] 108.5 Postponed hearing
Section [A] 108.6 Board decision
Section [A] 108.6.1 Resolution
Section [A] 108.6.2 Administration
(M) Section 303.1.3 Covers. Add 2nd exception to section:
"2. Where multi-speed or variable speed pumps are installed, covers or other vapor-retardant means shall not be required."
(N) Section [BS] 304.2 Determination of impacts based on location. Delete section in its entirety in favor of adopted City floodplain ordinances.
(O) Section 305.2.1 Barrier height and clearances. Amend items 1 and 2 and add exception as follows:
"1. The top of the barrier shall be not less than 60 inches (1524 mm) above grade for Residential Pools and Type C Semi-Public Pools, and shall be 72 inches (1829 mm) above grade for all other pools. Heights shall be measured on the side of the barrier that faces away from the pool or spa. Such heights shall exist around the entire perimeter of the barrier and for a distance of 3 feet (914 mm) measured horizontally from the outside of the required barrier.
Exception: Barriers used between a pool and the primary dwelling or structure shall be not less than 48 inches (1219 mm) above grade.
2. The barrier shall include a concrete ribbon curb or other approved material around the entire perimeter."
(P) Section 305.4 Structure wall as barrier. Add item 4 to section as follows:
"4. In one- and two-family dwellings and townhouses, openable windows shall have a latch at minimum 54 inch (1372 mm) height above the finished floor."
(Q) Section 410.1 Toilet facilities. Amend to read, "Class A and B and C pools shall be provided with toilet facilities having the number of plumbing fixtures in accordance with the International Building Code or the International Plumbing Code or Arizona Department of Environmental Quality Statutes and Rules."
(R) Section 811 Safety features. Delete section in its entirety.
(Ord. O2018-054, passed 12-5-18)