Chapter
8
BUILDINGS
AND BUILDING REGULATIONS[1]
Art. I.
Art.
II.
Art. III. International
Residential Code, §§ 8-300—8-399
Art. IV. International Existing
Building Code, §§ 8-400—8-499
Art. V. International
Mechanical Code, §§ 8-500—8-599
Art.
VI. International Plumbing Code,
§§ 8-600—8-699
Art.
VII. International Fuel Gas Code,
§§ 8-700—8-799
Art.
VIII. National Electrical
Code, §§ 8-800—8-899
Art.
IX. International Energy
Conservation Code, §§ 8-900—8-999
ARTICLE
I.
Sec. 8-100.
Adopted; where filed; amendments.
(a) That certain
document known as "The Tempe Building Safety Administrative Code,"
three (3) copies of which are on file in the office of the city clerk, and this
same code and appendices are hereby referred to, adopted and made a part
hereof, as if fully set out in this article.
(b) The provisions
of this article, other than subsection (a) of this section, this subsection and
the sections reserved at the end of this article, are amendments to the Tempe
Building Safety Administrative Code as now or hereafter adopted in subsection
(a). All sections, chapters, etc., in
this article, other than subsection (a) of this section, this subsection and
the sections reserved at the end of this article, shall be considered to be
both a part of this code and a part of the Tempe Building Safety Administrative
Code. Material encased in brackets ([.])
shall be considered to be a part of this code only, and not a part of the Tempe
Building Safety Administrative Code.
Material encased in quotation marks (" ") shall be considered to be a part of
this code and a part of the Tempe Building Safety Administrative Code. Except for the sections reserved at the end
of this article, provisions in this article shall be cited as Article I, [insert
references to sections, etc.] of the Tempe City Code.
(Ord. No. 2005.89,
12-1-05; Ord. No. 2008.72, 12-11-08; Ord. No. 2011.33, 9-22-11)
Charter reference—Adoption by reference, § 2.14.
State law reference—Adoption by
reference, A.R.S. § 9-801 et seq.
Sec. 8-101.
General.
101.1. Title.
These provisions shall be known as the Tempe Building Safety
Administrative Code, may be cited as such, and will be referred to herein, as
this chapter.
101.2. Scope.
The provisions of this Chapter shall serve as the administrative,
organizational and enforcement rules and regulations for the technical codes
which regulate site preparation, construction, alteration, movement,
enlargement, replacement, demolition, repair, maintenance, use and occupancy of
buildings, structures and building service equipment or appurtenances attached
thereto within the City of Tempe, Arizona.
EXCEPTIONS:
The provisions of this chapter and the technical codes shall not apply
to any of the following:
1. Tree
houses
2. Portable
or temporary amusement devices and structures, including merry-go-rounds,
ferris wheels, rotating conveyances, slides, similar devices and accessory
structures whose use is necessary for the operation of such amusement devices
and structures; any accessory structure included in the provisions of this
sub-section shall be limited to a cover or roof over each device, but shall not
include any storage building or detached structure which is not an integral
part of the device.
3. Tanks
or basins, without a building above, built below grade which is a part of the
city water or sewage treatment process.
Storage tanks resting in or upon the ground and installed in accordance
with the requirements of the Fire Department.
4. Electrical
installations in watercraft other than floating buildings, railway rolling
stock, aircraft or vehicles other than mobile homes and recreational vehicles.
This shall not exempt electrical installations contained in, on or attached to
watercraft, railway rolling stock, aircraft or vehicles when such electrical
installations receive energy from an external source of power.
5. Electrical
installations underground in mines and self-propelled mobile surface mining
machinery and its attendant electrical trailing cable.
6. Electrical
installations of transportation systems for generation, transformation, or
distribution of power used exclusively for the operation of rolling stock, or
installations used exclusively for signaling and communication purposes.
7. Electrical
installations of communication equipment under exclusive control of
communication utilities located outdoors or in building spaces used exclusively
for such installations.
8. Electrical
installations under the exclusive control of electrical utilities for the
purpose of the communication, or metering; or for the generation, control,
transformation, transmission and distribution of electrical energy.
9. Piping
systems of natural gas with an operating pressure greater than 125 pounds per
square inch gauge (psig) (862kPa gauge) and for LP-gas with an operating
pressure of greater than 20 psig (140 kPa gauge) except as provided in Section
402.6 of the International Fuel gas Code.
10. Portable
LP-gas appliances and equipment of all types not connected to a fixed fuel
piping system.
11. Installation of farm appliances and
equipment such as brooders, dehydrators, dryers and irrigation equipment.
12. Raw
material (feedstock) applications except for piping to special atmosphere
generators.
13. Oxygen-fuel
gas cutting and welding systems.
14. Industrial
gas applications using gases such as acetylene and acetylenic compounds,
hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
15. Petroleum
refineries, pipeline compressor or pumping stations, loading terminals,
compounding plants, refinery tank farms and natural gas processing plants.
16. Integrated
chemical plants or portions of such plants where flammable or combustible
liquids or gases are produced by, or used in, chemical reactions.
17. LP-gas
installations at utility gas plants.
18. Liquefied
natural gas (LNG) installations.
19. Fuel
gas piping in power and atomic energy plants.
20. Proprietary
items of equipment, apparatus or instruments such as gas-generating sets,
compressors and calorimeters.
21. LP-gas
equipment for vaporization, gas mixing and gas manufacturing.
22. Temporary
LP-gas piping for buildings under construction or renovation not becoming part
of the permanent piping system.
23. Installation
of hydrogen gas, LP-gas and compressed natural gas (CGN) systems on vehicles.
24. Except
as provided in Section 401.1.1 of the International Fuel Gas Code (IFGC),
gas-piping, meters, gas pressure regulators and other appurtenances used by the
serving gas utility supplier in the distribution of gas, other than LP-gas.
25. Piping
systems for mixtures of gas and air within the flammability range with an
operating pressure greater than 10 psig (69kPa gauge).
26. Portable
fuel cell appliances that are neither connected to a fixed piping system nor
interconnected to a power grid.
27. Work
located primarily in a public way.
101.3. Intent.
The purpose of the technical codes is to establish the minimum
requirements to safeguard the public health, safety and general welfare through
structural strength, means of egress facilities, stability, sanitation,
adequate light and ventilation, and safety to life and property from fire and
other hazards attributed to the built environment and to provide safety to fire
fighters and emergency responders during emergency operations.
101.4. Technical codes. The technical codes shall include all of the
following codes applied as indicated, plus the codes and standards referenced
in the technical codes shall be considered part of the requirements of the
technical codes to the prescribed extent of each such reference.
101.4.1. Building code. The provisions of the International Building
Code and amendments thereto shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy,
location, removal and demolition of every building or structure or any
appurtenances connected or attached to such buildings or structures.
EXCEPTIONS:
a. Detached
one- and two-family dwellings and multiple single-family dwellings (townhouses)
not more than three stories above grade plane in height with separate means of
egress and their accessory structures shall be permitted to comply with the
International Residential Code.
b. With
prior approval of the building official, existing buildings undergoing repair,
alteration or additions and change of occupancy shall be permitted to comply
with the International Existing Building Code.
101.4.2. Residential code. The provisions of the International
Residential Code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location,
removal and demolition of detached one- and two-family dwellings and multiple
single-family dwellings (townhouses) not more than three stories above grade
plane in height with separate means of egress and their accessory structures.
EXCEPTIONS:
a.
With prior approval of the building official, existing
buildings undergoing repair, alteration or additions and change of occupancy
shall be permitted to comply with the International Existing Building Code.
b.
Live/work units shall comply with the International
Building Code as R-2 Occupancies.
c.
Fire suppression shall be provided in accordance with
Section 903 of the Tempe Building Code.
101.4.3. Electrical code. The provisions of the National Electrical
Code shall apply to the installation of electrical systems, including
alterations, repairs, replacement, equipment, appliances, fixtures, fittings
and appurtenances thereto.
EXCEPTION: Electrical
work for detached one- and two-family dwellings and multiple single-family
dwellings (townhouses) not more than three stories above grade plane in height
with separate means of egress and their accessory structures shall be permitted
to comply with the International Residential Code.
101.4.4.
Plumbing code. The provisions
of the or International Plumbing Code shall apply to the installation,
alteration, repair, replacement and maintenance of plumbing systems, including
equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a nonflammable medical
gas system.
EXCEPTIONS:
a.
Plumbing work for detached one- and two-family dwellings
and multiple single-family dwellings (townhouses) not more than three stories
above grade plane in height with separate means of egress and their accessory
structures shall be permitted to comply with the International Residential
Code.
b.
Plumbing systems in existing buildings undergoing
repair, alteration or additions and change of occupancy shall be permitted to
comply with the International Existing Building Code.
101.4.5. Mechanical code. The provisions of the International
Mechanical Code shall apply to the installation, alterations, repairs and
replacement of mechanical systems, including equipment, appliances, fixtures,
fittings and/or appurtenances, including ventilating, heating, cooling,
air-conditioning and refrigeration systems, incinerators and other
energy-related systems.
EXCEPTIONS:
a.
Mechanical work for detached one- and two-family
dwellings and multiple single-family dwellings (townhouses) not more than three
stories above grade plane in height with separate means of egress and their
accessory structures shall be permitted to comply with the International
Residential Code.
b.
Mechanical systems in existing buildings undergoing
repair, alteration or additions and change of occupancy shall be permitted to
comply with the International Existing Building Code.
101.4.6. Fuel gas code. The provisions of the International Fuel Gas
Code shall apply to the installation of gas piping from the point of delivery,
gas appliances and related accessories. These requirements apply to gas piping
systems extending from the point of delivery to the inlet connections of
appliances and the installation and operation of residential and commercial gas
appliances and related accessories.
EXCEPTIONS:
a.
Fuel gas work for detached one- and two-family dwellings
and multiple single-family dwellings (townhouses) not more than three stories
above grade plane in height with separate means of egress and their accessory
structures shall be permitted to comply with the International Residential
Code.
b.
Fuel-gas piping systems, fuel-gas utilization equipment
and related accessories ion existing buildings undergoing repair, alteration or
additions and change of occupancy shall be permitted to comply with the
International Existing Building Code.
c.
The design, installation, maintenance, alteration and
inspection of mechanical systems operating with fuels other than fuel gas shall
be regulated by the International Mechanical Code.
101.4.7. Existing building code. With prior approval of the building official,
the provisions of the International Existing Building Code shall be permitted
to apply to existing buildings undergoing repair, alteration, addition,
relocation, and change of occupancy.
EXCEPTION: A
building or portion of a building not previously occupied, used for its intended purpose, for which a
Certificate of Occupancy has not been issued shall comply with the
International Building Code.
101.4.7.1 IEBC Compliance methods. The repair,
alteration, change of occupancy, addition or relocation of all existing
buildings shall comply with one of the methods listed in Sections 101.4.7.2
through 101.4.7.4 as selected by the applicant. Application of a method shall
be the sole basis for assessing the compliance of work performed under a single
permit unless otherwise approved by the code official. Sections 101.4.7.2
through 101.4.7.4 shall not be applied in combination with each other. Where
this code requires consideration of the seismic-force-resisting system of an
existing building subject to repair, alteration, change of occupancy, addition
or relocation of existing buildings, the seismic evaluation and design shall be
based on Section 101.4.7.4 regardless of which compliance method is used.
EXCEPTION: Subject to the approval of the code official,
alterations complying with the laws in existence at the time the building or
the affected portion of the building was built shall be considered in
compliance with the provisions of this code unless the building is undergoing
more than a limited structural alteration as defined in Section 807.4.3. New
structural members added as part of the alteration shall comply with the
International Building Code. Alterations of existing buildings in flood hazard
areas shall comply with Section 601.3.
101.4.7.2 Prescriptive compliance method. Repairs, alterations,
additions and changes of occupancy complying with Chapter 3 of this code in
buildings complying with the International Fire Code shall be considered in
compliance with the provisions of this code.
101.4.7.3 Work area compliance method. Repairs, alterations,
additions, changes in occupancy and relocated buildings complying with the
applicable requirements of Chapters 4 through 12 of this code shall be
considered in compliance with the provisions of this code.
101.4.7.4 Performance compliance method. Repairs, alterations,
additions, changes in occupancy and relocated buildings complying with Chapter
13 of this code shall be considered in compliance with the provisions of this
code.
101.4.7.5 Evaluation and design procedures. The seismic
evaluation and design shall be based on the procedures specified in the
International Building Code, ASCE 31 or ASCE 41. The procedures contained in
Appendix A of this code shall be permitted to be used as specified in Section
101.4.7.5.2.
101.4.7.5.1 Compliance with IBC level seismic forces. Where compliance with
the seismic design provisions of the International Building Code is required,
the procedures shall be in accordance with one of the following:
1.
The International Building Code using 100 percent of the
prescribed forces. The values of R, Ω0 and Cd used
for analysis in accordance with Chapter 16 of the International Building Code
shall be those specified for structural systems classified as “Ordinary” in
accordance with Table 12.2-1 of ASCE 7, unless it can be demonstrated that the
structural system satisfies the proportioning and detailing requirements for
systems classified as “Detailed,” “Intermediate” or “Special.”
2.
Compliance with ASCE 41 using both the BSE-1 and BSE-2
earthquake hazard levels and the corresponding performance levels shown in
Table 101.4.7.5.1.
TABLE
101.4.7.5.1
PERFORMANCE CRITERIA FOR IBC
LEVEL SEISMIC
FORCES
|
OCCUPANCY CATEGORY (Based on IBC Table
1604.5) |
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-1 EARTHQUAKE HAZARD LEVEL |
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-2 EARTHQUAKE HAZARD LEVEL |
|
I |
Life safety (LS) |
Collapse prevention (CP) |
|
II |
Life safety (LS) |
Collapse prevention (CP) |
|
III |
Note a |
Note a |
|
IV |
Immediate occupancy (IO) |
Life safety (LS) |
a. Acceptable criteria for
Occupancy Category III shall be taken as 80 percent of the acceptance criteria
specified for Occupancy Category IV performance levels.
101.4.7.5.2 Compliance with reduced IBC level seismic
forces.
Where seismic evaluation and design is permitted to meet reduced International
Building Code seismic force levels, the procedures used shall be in accordance
with one of the following:
1.
The International Building Code using 75 percent of the
prescribed forces. Values of R, Ω0 and Cd used for
analysis shall be as specified in Section 101.4.7.5.1 of this code.
2.
Structures or portions of structures that comply with
the requirements of the applicable chapter in Appendix A as specified in Items
2.1 through 2.5 shall be deemed to comply with this section.
2.1 The seismic evaluation
and design of unreinforced masonry bearing wall buildings in Occupancy Category
I or II are permitted to be based on the procedures specified in Appendix
Chapter A1.
2.2 Seismic evaluation and
design of the wall anchorage system in reinforced concrete and reinforced
masonry wall buildings with flexible diaphragms in Occupancy Category I or II
are permitted to be based on the procedures specified in Chapter A2.
2.3 Seismic evaluation and
design of cripple walls and sill plate anchorage in residential buildings of
light-frame wood construction in Occupancy Category I or II are permitted to be
based on the procedures specified in Chapter A3.
2.4 Seismic evaluation and
design of soft, weak, or open-front wall conditions in multiunit residential
buildings of wood construction in Occupancy Category I or II are permitted to
be based on the procedures specified in Chapter A4.
2.5 Seismic evaluation and
design of concrete buildings and concrete with masonry infill buildings in all
occupancy categories are permitted to be based on the procedures specified in
Chapter A5.
3.
Compliance with ASCE 31 based on the applicable
performance level as shown in Table 101.4.7.5.2. It shall be permitted to use
the BSE-1 earthquake hazard level as defined in ASCE 41 and subject to the
limitations in Item 4 below.
4.
Compliance with ASCE 41 using the BSE-1 Earthquake
Hazard Level and the performance level shown in Table 101.4.7.5.2. The design
spectral response acceleration parameters SXS and SX1
specified in ASCE 41 shall not be taken less than 75 percent of the respective
design spectral response acceleration parameters SDS and SD1
defined by the International Building Code.
TABLE
101.4.7.5.2
PERFORMANCE CRITERIA FOR IBC
LEVEL SEISMIC
FORCES
|
OCCUPANCY CATEGORY (Based on IBC Table
1604.5) |
PERFORMANCE LEVEL FOR USE WITH
ASCE 31 |
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-1 EARTHQUAKE HAZARD LEVEL |
|
I |
Life safety (LS) |
Life safety (LS) |
|
II |
Life safety (LS) |
Life safety (LS) |
|
III |
Note a, b |
Note a |
|
IV |
Immediate occupancy
(IO) |
Life safety (LS) |
a. Acceptable criteria for
Occupancy Category III shall be taken as 80 percent of the acceptance criteria
specified for Occupancy Category IV performance levels.
b.For Occupancy Category III, the ASCE 31 screening phase
checklists shall be based on the life safety performance level.
101.4.8 Energy conservation code. The provisions of the International Energy Conservation
Code shall apply to the construction, alteration, movement, enlargement,
replacement, repair and equipment of residential and commercial buildings.
EXCEPTIONS:
a.
Except as specified in this chapter, this code shall not
be used to require the removal, alteration or abandonment of, nor prevent the
continued use and maintenance of, an existing building or building system
lawfully in existence at the time of adoption of this code.
b.
Any building or structure that is listed in the State or
National Register of Historic Places; designated as a historic property under
local or state designation law or survey; certified as a contributing resource
with a National Register listed or locally designated historic district; or
with an opinion or certification that the property is eligible to be listed on
the National or State Registers of Historic Places either individually or as a
contributing building to a historic district by the State Historic Preservation
Officer or the Keeper of the National Register of Historic Places, are exempt from
this code.
c.
Detached one- and two-family dwellings and multiple
single-family dwellings (townhouses) not more than three stories above grade
plane in height with separate means of egress and their accessory structures
shall be permitted to comply with the International Residential Code.
d.
Existing buildings undergoing repair, alteration or
additions and change of occupancy shall be permitted to comply with the
International Existing Building Code.
101.4.8.1 Additions, alterations, renovations or repairs. Additions, alterations, renovations or repairs to an
existing building, building system or portion thereof shall conform to the
provisions of this code as they relate to new construction without requiring
the unaltered portion(s) of the existing building or building system to comply
with this code. Additions, alterations, renovations or repairs shall not create
an unsafe or hazardous condition or overload existing building systems. An
addition shall be deemed to comply with this code if the addition alone complies
or if the existing building and addition comply with this code as a single
building.
EXCEPTIONS: The
following need not comply provided the energy use of the building is not
increased:
1.
Storm windows installed over existing fenestration.
2.
Glass only replacements in an existing sash and frame.
3.
Existing ceiling, wall or floor cavities exposed during
construction provided that these cavities are filled with insulation.
4.
Construction where the existing roof, wall or floor
cavity is not exposed.
5.
Reroofing for roofs where neither the sheathing nor the
insulation is exposed. Roofs without insulation in the cavity and where the
sheathing or insulation is exposed during reroofing shall be insulated either
above or below the sheathing.
6.
Replacement of existing doors that separate conditioned
space from the exterior shall not require the installation of a vestibule or
revolving door, provided, however, that an existing vestibule that separates a
conditioned space from the exterior shall not be removed,
7.
Alterations that replace less than 50 percent of the
luminaires in a space provided that such alterations do not increase the
installed interior lighting power.
8.
Alterations that replace only the bulb and ballast
within the existing luminaires in a space provided that the alteration does not
increase the installed interior lighting power.
101.4.8.2 Change in occupancy or use. Spaces undergoing a change in occupancy that would
result in an increase in demand for either fossil fuel or electrical energy
shall comply with this code. Where the use of a space changes from one use to
another use in Table 505.5.2 the installed lighting wattage shall comply with
Section 505.5.
101.4.8.3 Change in space conditioning. Any non-conditioned space that is altered to become
conditioned space shall be required to be brought into full compliance with
this code.
101.4.8.3 Mixed occupancy. Where a building
includes both residential and commercial occupancies, each occupancy shall be
separately considered and meet the applicable provisions of Chapter 4 for
residential and Chapter 5 for commercial.
101.4.8.4 Compliance and compliance materials. Residential buildings shall meet the provisions of
Chapter 4. Commercial buildings shall meet the provisions of Chapter 5. The
code official shall be permitted to approve specific computer software,
worksheets, compliance manuals and other similar materials that meet the intent
of this code.
101.4.8.5 Low energy buildings. The following buildings, or portions thereof, separated
from the remainder of the building by building thermal envelope assemblies
complying with this code shall be exempt from the building thermal envelope
provisions of this code:
a.
Those with a peak design rate of energy usage less than
3.4 Btu/h • ft2 (10.7 W/m2) or 1.0 watt/ft2
(10.7 W/m2) of floor area for space conditioning purposes.
b.
Those that do not contain conditioned space.
101.5. Appendices. Provisions in the appendices of the technical
codes shall not apply unless specifically adopted.
101.6 Safeguards during construction. All construction work covered in the technical codes,
including any related demolition, shall comply with the requirements of IEBC
Chapter 14 for existing buildings and IBC Chapter 33 for new buildings.
101.7. Definitions. Unless otherwise expressly stated, the
following words and terms shall have the meanings as shown in this Chapter.
Definitions located in the technical codes are hereby incorporated into this
Chapter.
Building – any
structure used or intended for supporting or sheltering any use or occupancy.
Building, existing
– a building erected prior to the adoption of this chapter or one for which a
legal certificate of occupancy has been issued for at least one year.
Building official
- the officer or other designated authority charged with the administration and
enforcement of this chapter and the technical codes, or a regularly authorized
deputy or other designee. When the term
or title administrative authority, building official, building inspector, code
official, gas inspector, plumbing inspector, mechanical inspector or other
similar designation is used in this chapter or in any of the technical codes,
it shall be construed to mean the building official.
Building service
equipment – the plumbing, mechanical, electrical and elevator equipment
including piping, wiring, fixtures and other accessories which provide
sanitation, lighting, heating, ventilation, cooling, refrigeration,
fire-fighting and transportation facilities essential to the occupancy of the
building or structure for its designated use.
Jurisdiction – the
City of
Owner – the
person, agent, firm or corporation with legal or equitable interest in a
property.
Permit – the
official document issued by the building official authorizing performance of a
specified, legal activity.
Shall – as used in
this chapter and the technical codes is mandatory.
Sec. 8-102.
Applicability.
102.1. General.
This Chapter and the technical codes shall apply to, and shall govern,
permit applications received on or after the effective date of the adopting
ordinance, except as allowed by that ordinance.
102.2. Conflicting provisions. When conflicting provisions or requirements
occur between this Chapter, the technical codes and other codes or laws, the
most restrictive provisions shall govern.
When conflicts occur
between the technical codes, those provisions providing the greater safety to
life as determined by the building official and the fire marshal shall govern.
In other conflicts
where sanitation, life safety or fire safety are not involved, the most
restrictive provisions shall govern. Where in a specific case different
sections of the technical codes specify different materials, methods of
construction or other requirements, the most restrictive shall govern. When
there is a conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
102.3. Other laws. The provisions of this chapter and the
technical codes shall not be deemed to nullify any provisions of the Tempe City
Code, state or federal laws.
102.4. Application of references. References to chapter or section numbers, or
to provisions not specifically identified by number, shall be construed to
refer to such chapter, section or provision of this chapter or the technical
codes.
102.5. Referenced codes and standards. The codes and standards referenced in this
chapter or the technical codes shall be considered part of the requirements of
this chapter and the technical codes to the prescribed extent of each
reference. Where differences occur
between provisions of this chapter or the technical codes and the referenced
codes and standards, the provisions of this chapter and the technical codes
shall apply.
EXCEPTION:
Where enforcement of a code provision would violate the conditions of
the listing equipment or appliance, the condition of the listing and
manufacturer’s instructions shall apply.
102.6. International codes references. Within the technical codes and the referenced
codes and standards therein, specific references to the following International
Codes shall be deemed and interpreted to mean the specific City of
1.
2. International
Residential Code for One- and Two-Family Dwellings
3. National
Electrical Code
4. International
Plumbing Code
5. International
Mechanical Code
6. International
Fuel Gas Code
7. International
Existing Building Code
8. International
Energy Conservation Code
102.7. Partial invalidity. In the event any part or provision of this
chapter or the technical codes is held to be invalid, illegal, unconstitutional
or void, such ruling shall not affect the validity of the remaining portions of
this chapter or the technical codes.
102.8. Additions, alterations and repairs. Additions, alterations or repairs may be made
to a building or its building service equipment without requiring the existing
building or its building service equipment to comply with all the requirements
of this Chapter and the technical codes, provided the addition, alteration or
repair conforms to the requirements for a new building or building service
equipment. Refer to Section 101.4.7, for additional options governing
additions, alterations and repairs.
102.9. Existing buildings or structures. The legal occupancy of any building or
structure existing on the date of the adoption of this Chapter shall be
permitted to continue without change, provided such continued use is not
dangerous to life, health and safety as determined by the building official.
102.10. Maintenance. Buildings, structures and building service
equipment, existing and new, and parts thereof shall be maintained in a safe
and sanitary condition. Devices or safeguards, required by the technical codes,
shall be maintained in conformance with the technical code under which
installed. The owner or the owner's
designated agent shall be responsible for the maintenance of building
structures and their building service equipment. To determine compliance with
this section, the building official may cause a structure to be re-inspected.
102.11. Moved buildings. Buildings, structures and their building
service equipment moved into or within this jurisdiction shall comply with the
provisions of the technical codes for new buildings or structures and their
building service equipment.
102.12. Historic buildings. Repairs, alterations and additions necessary
for the preservation, restoration, rehabilitation or continued use of a
building, structure, or its building service equipment may be made without
conforming to the requirements of the technical codes when authorized by the
Building Code Advisory Board of Appeals, provided:
1. The building or
structure has been designated by official action of the legally constituted
authority of this jurisdiction as having special historical or architectural
significance, and
2. Unsafe
conditions as described in this chapter are corrected, and
3. The restored
building or structure and its building service equipment will be no more
hazardous based on life safety, fire-safety and sanitation than the existing
building as determined by the building official.
EXCEPTION:
Repairs, alterations and additions necessary for the preservation,
restoration, rehabilitation or continued use of a building, structure, or its
building service equipment shall be permitted to comply with the provisions of
the International Existing Building Code.
Sec. 8-103.
Duties and powers of building official.
103.1. General.
There is hereby established a code enforcement agency of the Community
Development Department of the City of Tempe known as the Building Safety
Division under the administrative and operational charge of the building
official.
103.2. Duties and powers. The building official is hereby authorized
and directed to enforce the provisions of this Chapter and technical codes. The
building official shall have the authority to render interpretations of this
Chapter and the technical codes and to adopt policies and procedures in order
to clarify the application of their provisions. Such interpretations, policies
and procedures shall be in compliance with the intent and purpose of this
Chapter and the technical codes. Such policies and procedures shall not have
the effect of waiving requirements specifically provided for in this Chapter or
the technical codes.
103.3. Deputies.
In accordance with any applicable City procedures, and with the
concurrence of the Community Development Director, the building official shall
have the authority to appoint technical officers, inspectors, plan examiners
and other employees. Such employees shall have powers as delegated by the
building official.
103.4. Applications and permits. The building official shall receive
applications, review construction documents and issue permits for the erection,
and alteration, demolition and moving of buildings, structures, and building
service equipment, inspect the premises where such permits have been issued and
enforce compliance with the provisions of this Chapter and the technical codes.
103.5. Notices and orders. The building official shall issue all
necessary notices or orders to ensure compliance with this chapter and the
technical codes.
103.6. Inspections. The building official shall make all of the
required inspections, or the building official shall have the authority to
accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in
writing and be certified by a responsible officer of such approved agency or by
the responsible individual. The building
official is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise.
103.7. Identification. The building official and authorized deputies
shall carry proper identification when inspecting structures or premises or
otherwise in the performance of duties under this chapter or the technical
codes.
103.8. Right of entry. Where it is necessary to make an inspection
to enforce the provisions of this Chapter or the technical codes, or where the
building official has reasonable cause to believe there exists in a structure
or upon a premises a condition contrary to or in violation of this Chapter or the
technical codes making the structure or premises unsafe, dangerous or
hazardous, the building official is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by
this Chapter or the technical codes, provided that if such structure or
premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the building official
shall first make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is
refused, the building official shall have recourse to the remedies provided by
law to secure entry.
103.9. Department records. The building official shall keep official
records of applications received, approved plans, permits and certificates
issued, fees collected, reports of inspections, and notices and orders issued.
Such records shall be retained in the official records for the period required
for retention in the division’s approved retention schedule.
103.10. Liability. The building official, members of the board
of appeals or any employee charged with the enforcement of this Chapter or
technical codes, while acting for the jurisdiction in good faith and without
malice in the discharge of the duties required by this chapter, technical codes
or other pertinent law or ordinance, shall not thereby be rendered liable
personally and is hereby relieved from personal liability for any damage
accruing to persons or property as a result of any act or by reason of an act
or omission in the discharge of official duties. Any suit instituted against an
officer or employee in the lawful discharge of duties and under the provisions
of this chapter or technical codes shall be defended by legal representative of
the jurisdiction until the final termination of the proceedings. The building
official or any subordinate shall not be liable for cost in any action, suit or
proceeding that is instituted in pursuance of the provisions of this chapter or
technical codes..
103.11. Approved materials and equipment. Materials, equipment and devices approved by
the building official shall be constructed and installed in accordance with
such approval.
103.11.1. Used materials and equipment. The use of used materials meeting the
requirements of this chapter or the technical codes for new materials is
permitted. Used equipment and devices
shall not be reused unless approved by the building official.
103.12. Modifications. Wherever there are practical difficulties
involved in carrying out the provisions of this Chapter or the technical codes,
the building official shall have the authority to grant modifications for
individual cases, upon application of the owner or owner’s representative,
provided the building official shall first find that special individual reason
makes the strict letter of the codes impractical and the modification is in
compliance with the intent and purpose of this Chapter and the technical codes
and that such modification does not lessen health, accessibility, life and fire
safety, or structural requirements. The details of action granting
modifications shall be recorded and entered in the files of the Building Safety
Division. Requests for modifications
must be submitted to the building official in writing along with all supporting
documentation and the applicable fee as shown in table 2-A (see Appendix A).
103.13. Alternative materials, design and methods of
construction and equipment. The
provisions of this Chapter and the technical codes are not intended to prevent
the installation of any material or to prohibit any design or method of
construction not specifically prescribed by this Chapter or the technical
codes, provided any such alternative is approved by the building official. An
alternative material, design or method of construction may be approved where
the building official finds the proposed design is satisfactory and complies
with the intent of the provisions of this Chapter and the technical codes, and
the material, method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this Chapter and the technical codes in
quality, strength, effectiveness, fire resistance, durability and safety. Records of alternative materials, design and
methods of construction approvals shall be recorded and entered in the files of
the Building Safety Division. Requests
for alternative materials, design, and methods of construction must be
submitted to the Building Official in writing along with all supporting
documentation and the applicable fee as shown in Table 2-A (see Appendix A).
103.13.1. Research reports. Supporting data, where deemed necessary to
assist in the approval of materials or assemblies not specifically provided for
in this chapter or the technical codes shall be provided and shall consist of
valid research reports from approved sources.
103.13.2. Tests.
Whenever there is insufficient evidence of compliance with the
provisions of this Chapter or the technical codes, or evidence a material or
method does not conform to the requirements of this Chapter or the technical
codes, or in order to substantiate claims for alternative materials or methods,
the building official shall have the authority to require tests as evidence of
compliance to be made at no expense to the City. Test methods shall be as
specified in this Chapter or the technical codes or by other recognized test
standards. In the absence of recognized and accepted test methods, the building
official may approve the testing procedures. Tests shall be performed by an
approved agency. Reports of such tests shall be retained by the building
official for the period required in the Building Safety Division’s approved
record retention schedule.
103.14. Stop work orders. Whenever the building official finds any work
regulated by this Chapter or the technical codes being performed in a manner
either contrary to the provisions of this Chapter or the technical codes or
dangerous or unsafe, the building official is authorized to issue a stop work
order.
103.14.1. Issuance.
The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner’s agent, or to the person doing the
work. Upon issuance of a stop work order, the cited work shall immediately
cease. The stop work order shall state the reason for the order, and the
conditions under which the cited work will be permitted to resume.
103.14.2. Unlawful continuance. 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 penalties as prescribed by this chapter and the law.
103.14.3. Appeals.
Any person aggrieved by a stop work order issued by the building
official may appeal such stop work order to the appropriate technical codes
board of appeals in accordance with the requirements of this chapter.
103.15. Occupancy violations. When a building or structure or building
service equipment therein regulated by this Chapter and the technical codes is
being used contrary to the provisions of such codes, the building official may
order such use discontinued by written notice served on any person causing such
use to be continued. Such person shall, after receipt of notice, discontinue
the use within the time prescribed by the building official and make the
building, structure, or portion thereof, comply with the requirements of such
codes.
103.16. Authority to disconnect utilities. The building official shall have the
authority to authorize disconnection of utility service or energy supplied to a
building, structure or building service equipment therein regulated by this
Chapter or the technical codes, in case of emergency, where necessary to
eliminate an immediate or immanent hazard to life or property. The building official shall notify the serving
utility, and wherever possible the owner and occupant of the building,
structure or building service equipment of the decision to disconnect prior to
taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure or building service equipment shall be
notified in writing, as soon as practical thereafter.
103.16 .1 The building official shall have the authority to
authorize the disconnection of any utility service or energy supplied to a
building, structure or service equipment in situations that are deemed to pose
a probably or possible hazard to life or property, or when such connection has
been made without the approval required by Section 106.10.
103.17. Authority to condemn building service
equipment. When the building
official determines that building service equipment regulated in the technical
codes has become hazardous to life, health or property, or has become
unsanitary, the building official shall order in writing that such equipment
either be removed or restored to a safe or sanitary condition, as appropriate.
The written notice shall fix a time limit for compliance with such order.
Defective building service equipment shall not be used, operated or maintained
after receiving such notice.
103.17.1. When such equipment or installation is to be
disconnected, a written notice of such disconnection and causes therefore shall
be given within 24 hours to the serving utility, the owner and occupant of such
building, structure or premises.
103.17.2. When any building service equipment is used,
operated or maintained in violation of the technical codes and in violation of
a notice issued pursuant to the provisions of this section, the individual or
individuals responsible for continued use, operation or maintenance shall be
subject to the penalties described in this Chapter and the building official
shall institute appropriate action to prevent, restrain, correct or abate the
violation.
103.18. Connection after order to disconnect. Persons shall not make connections from an
energy, fuel or power supply nor supply energy or fuel to building service
equipment that has been disconnected or ordered to be disconnected or the use
has been ordered to be discontinued by the building official until the building
official authorizes the reconnection and use of such equipment.
Sec. 8-104.
Permits.
104.1. Required. Any owner or authorized agent who intends to
construct, enlarge, alter, repair, move, demolish, or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this Chapter or the technical codes, or
to cause such work to be done, shall first make application to the building
official and obtain the required permit or permits.
EXCEPTIONS:
1. Governmental
entities that are, as a matter of law, immune from having to obtain a permit.
2. Annual permit holder.
3. Annual utilities permit.
4. Registered industrial plant.
104.2. Work
exempt from permit. Exemptions from
permit requirements of this Chapter shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this
Chapter or the technical codes or any other laws or ordinances of the City.
Permits shall not be required for the following:
a.
Radio and television antennae towers or light standards
not exceeding 35 feet in height.
b.
Works of art not over 7 feet (2134 mm) in height and
their foundation and supporting structure, provided that no part of which is
intended to be occupied or used as shelter.
c.
One-story detached accessory structures ancillary to R-3
and R-4 occupancies used as tool and storage sheds, playhouses and similar
uses, provided the floor area does not exceed 200 square feet (18.60 m2).
d.
Fences not more than 7 feet (2134 mm) high.
e.
Oil derricks.
f.
Retaining walls which are not over 4 feet (914 mm) in
height measured from the bottom of the footing to the top of the wall, provided
the retaining wall is not supporting a surcharge, is not impounding Class I, II
or III-A liquids.
g.
Water tanks supported directly on grade if the capacity
does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or
width does not exceed 2 to 1.
h.
Sidewalks and driveways not more than 30 inches (762 mm)
above grade and not over any basement or story below and not part of an
accessible route.
i.
Painting, papering, tiling, carpeting, cabinets, counter
tops and similar finish work.
j.
Temporary motion picture, television and theater stage
sets and scenery.
k.
Prefabricated swimming pools accessory to detached one-
and two-family dwellings, which are less than 24 inches (610 mm) deep, do not
exceed 5,000 gallons (18925 L) and are installed entirely above ground.
l.
Shade membrane structures constructed for nursery or
agricultural purposes not including service systems. Membrane and shade lattice
structures, which do not exceed 200 square feet (18.60 m2),
accessory to Group R-3 occupancies or individual dwelling units in Group R-2
occupancies located within the setbacks as allowed by the zoning ordinance.
m.
Swings and other playground equipment.
n.
Window awnings supported by an exterior wall projecting
not more than 54 inches (1372 mm) from the exterior wall, no closer than 3 feet
from a property line, and not requiring additional support in detached one- and
two-family dwellings and Group U occupancies.
o.
Movable cases, counters and partitions not over 5 feet 9
inches (1753 mm) in height.
p.
Replacement roof covering, provided the replacement roof
covering classification is equal to or greater than the existing roofing
classification; the new roof covering does not increase the loads imposed upon
the roof structural frame beyond the original design capacity and not more than
two (2) full sheets or 64 square feet of roof sheathing is replaced.
q.
Listed, light-gage, pre-manufactured metal (only) patio
covers and awnings as an accessory to Group R-3 occupancies or individual
dwelling units in Group R-2 occupancies located within the setbacks as allowed
by the zoning ordinance. Listings must
be applicable to the current edition of the Tempe Building Code.
r.
Temporary stages, platforms, bleachers, grandstands and
similar structures constructed for use during special events pursuant to
special events permit. (See Tempe City Code Section 5-2)
s.
Temporary soil or structural shoring to be used during
building construction, remodel or repair.
t.
Special cases as allowed by the building official.
104.2.2. Electrical permits. An electrical
permit shall not be required for the following:
a.
Portable motors or other portable appliances energized
by means of a cord or cable having an attachment plug end to be connected to an
approved receptacle when that cord or cable is permitted by the Electrical
Code.
b.
Repair or replacement of fixed motors, transformers or
fixed approved appliances of the same type and rating in the same location.
c.
Temporary decorative lighting.
d.
Repair or replacement of current-carrying parts of any
switch, contactor, metering or control device within the original enclosure,
using original manufacturer’s equipment parts or listed equivalent replacement
parts .
e.
Replacement of flush or snap switches, fuses, lamps
sockets, luminaries, receptacles and other minor maintenance and repair work,
but not the outlets therefore.
f.
Repair or replacement of any over current device of the
same required capacity in the same location.
g.
Repair or replacement of electrodes or transformers of
the same size and capacity for signs or gas tube systems.
h.
Taping joints.
i.
Removal of electrical wiring.
j.
Temporary wiring for experimental purposes in suitable
experimental laboratories.
k.
The wiring for temporary theater, motion picture or
television stage sets.
l.
Electrical wiring, devices, appliances, apparatus or
equipment, not install in a hazardous locations, as defined in Article 500,
operating at less than 25 volts and not capable of supplying more than 50 watts
of energy.
m.
Low-energy power, control and signal circuits of Class
II and Class III as defined in the Electrical Code not install in a hazardous
locations, as defined in Article 500.
n.
Installation, alteration or repair of electrical wiring,
apparatus or equipment or the generation, transmission, distribution or
metering of electrical energy or in the operation of signals or the
transmission of intelligence by a public or private utility in the exercise of
its function as a serving utility.
o.
Installation of portable generators for use during
temporary special events under a City of Tempe Special Events Permit.
p.
Lighting fixtures and conductors within or on a sign
regulated by the Zoning and Development Code.
q.
Neon lighting that is part of a plug and cord connected
self-contained sign or part of a pre-manufactured piece of sign equipment.
r.
An electrical permit is not required for the
installation of an approved temporary metered power outlet that has been
supplied and installed by an electric utility.
(FPN :) a temporary metered power outlet is a device,
designed to be installed in the electric utility meter socket that provides
metered electrical power to receptacles mounted on or in the device, for the
purpose of providing temporary construction power to a residential building.
Such devices may not energize the meter socket, lugs or equipment on the
customer’s side of the meter socket. The temporary metered power outlet shall
be an approved device with an AIC rating higher than the available fault
current provided at the meter.
Such devices may be
installed on residential buildings when a valid building permit has been
issued, provided that the structural integrity and weather resistive barrier is
maintained at the panel location, or the installation is detailed on the
approved building plans. This exemption from permitting does not prohibit or limit
the authority having jurisdiction from directing the electrical utility to
disconnect the temporary metered power outlet in accordance with Section 103.16
of this code.
104.2.3. Fuel gas permits. A fuel gas permit shall not be required for
the following:
a.
Portable heating appliance.
b.
Replacement of any minor part that does not alter
approval of equipment or make such equipment unsafe.
c.
Replacement of gas water heating appliances in the same
location of equal or less Btu/cfh rating and minor modification to electrical,
plumbing, and mechanical connections necessary to serve the new appliance in
R2, R3, and R4 occupancies where the appliance serves an individual dwelling
unit, provided the serving Gas Utility is notified prior to the appliance being
energized.
d.
Replacement of gas pool and spa heating appliances in
the same location of equal or less Btu/cfh rating, and minor modification to
electrical, plumbing, and mechanical connections necessary to serve the new
appliance in R2, R3, and R4 occupancies where the pool or spa serves an
individual dwelling unit, provided the serving Gas Utility is notified prior to
the appliance being energized.
e.
Replacement of gas air-conditioning units, direct-vented
appliances, furnaces, and log lighters in the same location, of equal or less
Btu/cfh, and minor modification to electrical, plumbing, and mechanical
connections necessary to serve the appliance in R1, R2, R3, and R4 occupancies
where the appliance serves an individual dwelling unit, provided the serving
Gas Utility is notified prior to the appliance being energized.
104.2.4.
Mechanical permits. A mechanical
permit shall not be required for the following:
a.
Portable heating appliance.
b.
Portable ventilation equipment.
c.
Portable cooling unit.
d.
Steam, hot or chilled water piping within any heating or
cooling equipment regulated by International Mechanical Code.
e.
Replacement of any part not altering its approval or
making it unsafe.
f.
Portable evaporative cooler.
g.
Self-contained refrigeration system containing 10 pounds
(4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W)
or less.
h.
Portable fuel cell appliances that are not connected to
a fixed piping system and are not interconnected to a power grid.
i.
Replacement of a air conditioner unit, furnace, heat
pump or evaporative cooler in the same location of equal or less cfm and
amperage rating and minor modification to electrical, plumbing, and mechanical
connections necessary to serve the new appliance in R2, R3, and R4 occupancies,
where the appliance serves an individual dwelling unit, and A2, A3, A4, B, E,
F, M, S, and U occupancies where the appliance serves an individual tenant
space and where located outside in conformance with the mechanical screening
requirements of the Zoning and Development Code.
104.2.5. Plumbing
permits. A plumbing permit shall not be
required for the following:
a.
Stopping of leaks in drains, water, soil, waste or vent
pipe, when such work does not require the removal and replacement of pipe,
fittings, valves or fixtures.
b.
Clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures.
c.
Replacement of electric water heating appliances in the
same location of equal or less amperage rating, and minor modification to
electrical, plumbing, and mechanical connections to serve the appliance in R2,
R3, and R4 occupancies, where the appliance serves an individual dwelling unit.
d.
Equal replacement of boilers and water heaters in the
same location regulated by the State of Arizona, except not including work not in
the scope of State regulation in industries, premises or activities regulated
by Tempe City Code, Chapters 33, Article
V & Chapter 27, Article I.
e.
Replacement installation of potable water conditioning
or treating appliances in the same location, and minor modification to
electrical, plumbing, and mechanical connections necessary to serve the
appliance in R2, R3 and R4 occupancies, where the appliance serves an
individual dwelling unit.
f.
Replacement installation of potable water conditioning
or treating appliances in the same location, and minor modification to
electrical, plumbing, and mechanical connections necessary to serve the
appliance in A2, A3, A4, B, E, F, M, S, and U occupancies where the appliance
serves an individual tenant space, not including industries, premises or
activities regulated by Tempe City Code, Chapters 33, Article V & Chapter
27, Article I.
g.
Replacement installation of solar domestic water heating
appliances in the same location, and minor modification to electrical,
plumbing, and mechanical connections necessary to serve the appliance in R3 and
R4 occupancies, where the appliance serves an individual dwelling unit.
h.
Replacement installation of solar pool and spa heating
appliances in the same location and minor modification to electrical, plumbing,
and mechanical connections necessary to serve the new appliance in R3 and R4
occupancies, where the pool or spa serves an individual dwelling unit.
104.2.6 Fuel Gas permits. A fuel gas permit
shall not be required for the following:
a.
Portable heating appliance.
b.
Replacement of any minor component of an appliance or
equipment that does not alter approval of such appliance or equipment or make
such appliance or equipment unsafe.
104.3. Emergency
repairs. Where equipment replacements and
repairs requiring a permit must be performed in an emergency situation, the
permit application shall be submitted within the next working business day.
104.4. Ordinary
repairs. Application or notice to the
building official is not required for ordinary repairs to structures,
replacement of lamps or the connection of approved portable electrical
equipment to approve permanently installed receptacles. Such repairs shall not
include the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or load-bearing support, or the removal or
change of any required means of egress, or rearrangement of parts of a
structure affecting the egress requirements; nor shall ordinary repairs include
addition to, alteration of, replacement or relocation of any standpipe, water
supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar
piping, electrical wiring or mechanical or other work affecting public health
or general safety.
104.5. Public
service agencies. A permit shall not be required
for the installation, alteration or repair of generation, transmission,
distribution or metering or other related equipment under the ownership and
control of public service agencies by established right.
Nothing in this section
shall be construed to exempt any electrical installation used for lighting,
power, heating, ventilation, elevators pumping or for other building or premise
operations, nor exempt any service equipment for electrical service to a
building or premise.
104.6. Charge
accounts and bonds. Any person,
firm, corporation or political subdivision may elect to pay permit and
inspection fees on a monthly charge account basis, provided he has first filed
with the building official a bond for the benefit of the city in the sum of one
thousand dollars ($1,000).
The bond shall be
executed by said person, firm, corporation or political subdivision and by a
surety company maintaining an agency in the state or, in lieu thereof, the bond
shall be in writing on a form to be provided by the city and accomplished by a
deposit of cash in the amount of one thousand dollars ($1,000). All bonds shall
be conditioned that the person named herein shall pay, within forty-five (45)
days of issuance of any electrical, mechanical, plumbing or gas permit, all
permit and inspection fees accrued under Section 104.1. Said bond shall be
nontransferable.
104.6.1. Payment. Permit
and inspection fee charges accrued during each month shall be promptly remitted
to the city after issuance of the permit, or as often during the month as the
accrued charges equal the value of the bond or cash deposit. If any person,
firm, corporation or political subdivision fails or refuses to pay such accrued
permit and inspection fees by the fifteenth day of the following month after
issuance of the permit the building official may refuse any further
applications for permit and may refuse to inspect any work for which permit
fees have not been paid.
104.7. Annual
permits.
104.7.1. Scope. Any person, firm or
corporation employing a person who holds a valid maintenance electrician or
plumber's certificate of registration may obtain an annual permit in lieu of
separate permits for additions, alterations, repair or maintenance of
electrical and plumbing systems or equipment on the premises owned or occupied
by said person, firm or corporation.
104.7.2 Work report. A list of all
additions and alterations not generally regarded as maintenance shall be
prepared by the person who holds the maintenance certificate of registration,
and submitted monthly to the building official together with any plans or
working drawings
104.8. Maintenance electrician or plumber.
104.8.1.
Maintenance electrician or plumber, defined. For the purpose of this code, a maintenance
electrician or plumber is a person who performs or supervises alteration,
repair or maintenance of electrical or plumbing systems and equipment in, or
about, buildings, structures or premises and holds a valid maintenance
electrician's or plumber’s certificate of registration issued by the city.
104.8.2. Maintenance electrician’s or plumber’s
certificate of registration. Persons may
obtain a maintenance certificate of registration as follows:
1.
Any employer may elect to appoint one or more full-time
maintenance electricians or plumbers to perform or supervise the alteration,
repair or maintenance of electrical wiring and equipment or plumbing system and
fixtures in or about buildings, structures or premises owned or occupied by the
employer.
2.
Every person desiring to hold or renew a maintenance
certificate of registration shall make application with the building official
on a form furnished by the city for that purpose.
3.
Every person applying for a maintenance certificate of
registration shall pay to the city a fee as prescribed in Table 2-A at the time
of application. No portion of any fee shall be returned either upon failure to
qualify, or upon revocation of certification, or for any other cause.
4.
Every person applying for a maintenance certificate of
registration shall undergo such examination as to qualifications and competency
to alter, repair or maintain electrical or plumbing systems and equipment as
the building official shall direct; provided, however, that the examination
shall relate exclusively to the trade or vocation of the desired certificate.
5.
Every person applying for the renewal of a maintenance
certificate of registration shall undergo an examination as to verify the
applicants’ qualifications and competency relative to the
6.
Every applicant shall have an examination grade or standing
of at least seventy-five percent (75%) in order to be entitled to a maintenance
certificate of registration. The building official shall, within five (5) days
after the grades have been determined, notify each applicant of the grade and
whether or not they passed the examination.
7.
Any person who fails to pass an examination for a
maintenance certificate of registration may apply for re-examination after the
expiration of thirty (30) days without payment of additional fees. Should such
person fail to pass an examination the second time, the building official shall
refuse a third application until after the expiration of six (6) months. After
six (6) months, such person is permitted to reapply and shall pay the regular
examination fee.
8.
A maintenance certificate of registration shall be
issued to every person who makes application for such certificate, pays the
required fee, and successfully passes the examination. It is further provided
that a maintenance electrician or plumber need not hold an electrical or
plumber contractor's license issued by the state.
9.
Any maintenance certificate of registration issued
hereunder shall be subject to suspension or revocation by the building official
for failure to alter, repair or maintain electrical wiring or equipment or
plumbing systems and fixtures in compliance with the appropriate code.
10.
Unless earlier suspended or revoked for cause, all
maintenance certificates or registration issued by the city shall expire on
March 1 of each year and may be renewed for the following year upon receipt of
application and the payment of a fee to the city on or before March 1 of each
year. Applications for renewal must include completed renewal exams as
specified in Item #5.
11.
A maintenance certificate of registration shall become
void in the event that said holder of a maintenance certificate shall cease to
act as the maintenance person for the employer specified in the application for
such certificate.
12.
Any person holding a maintenance certificate of
registration shall notify building official within five (5) days of the
termination of employment with the employer specified in the application for
such certificate.
13. Certificates of registration are not
transferable from one person to another, and the lending of any certificate of registration
or obtaining of permits thereunder for any other person shall be deemed cause
for revocation of same.
104.9.3. Appeal. Any
person who is denied a certificate of registration and wishes to obtain a
review of the determination made by the building official shall, within ten
(10) days after notification of denial of a certificate of registration, file
an application for hearing before the appropriate code advisory board of
appeals with the secretary of the board stating the reasons for said appeal. It
shall be the duty of the secretary to notify the chairman of the board of the
appeal.
The applicant shall be
notified to appear and meet with the board for a hearing on said appeal at such
time and place as the board shall direct but not more than twenty-five (25)
days after the application for rehearing is filed. If the board reaffirms the
denial of a certificate of registration, the applicant shall be notified of
said denial within five (5) days following the date of rehearing.
An advisory board of
appeals shall have the authority to restrict, revoke or temporarily suspend any
maintenance certificate of registration granted hereunder for good cause shown
for any of the following reasons:
1. If a
certificate of registration was obtained by fraud or misrepresentation.
2. If any reason
exists which would have been cause for denial of such certificate of
registration.
3. For negligently
or willfully violating the provisions of this article or for refusal to correct
such violations.
4. For repeated
violations of this section.
5. For permitting
any other person to use such certificate of registration or to perform any act
or work of the kind authorized by such certificate for the purpose of avoiding
compliance with this article.
The action to restrict,
revoke or temporarily suspend any certificate of registration may be commenced
upon request of the building official, or upon motion and presentation of cause
by any member of the board.
Before any certificate
of registration is restricted, revoked or temporarily suspended, the board
shall hold a hearing and give the holder of such certificate a fair and
reasonable opportunity to present reasons and evidence against the
restrictions, suspensions or revocation.
Any person whose
certificate of registration is restricted, suspended or revoked shall be
notified of such action by registered mail and shall have appeal rights in
accordance with the provisions of Section 110 of this code.
104.9. Annual
utilities permit.
104.9.1. Scope. For the purposes of this code, an annual utilities permit allows a
serving electrical utility company to install dusk to dawn lighting on public
or private property without obtaining separate electrical permits provided:
1. The installation is for dusk to dawn lighting only.
2. The installation and maintenance of the lighting is under the
exclusive control of the supplying utility company.
3. The light fixtures shall be approved by the planning division
and comply with the Zoning and Development Code.
4. The electrical installation complies with a lighting
installation standard pre-approved by the building official.
5. The installing utility company has a current annual utilities
permit.
This permit shall not be
construed to waive any requirement of this chapter and the technical codes, and
all applicable requirements shall be complied with.
104.9.2. Work
report. A report
listing of all dusk to dawn lighting installations under an annual utilities
permit shall be submitted by the utility company to the building official on a
monthly basis.
104.9.3. Permit
fee and renewal. Every
applicant shall submit a proposed dusk to dawn lighting standard installation
plan for review and approval. An annual fee shall be paid at the time of
application as prescribed in Table 2-A. Said fee shall be refunded if the
application is disapproved. The permit shall expire on December 31 of each
year. The permit may be renewed each year by payment of the fee on or before
December 31. Any work performed after permit expiration without obtaining
separate permits and inspections required by this chapter shall be a violation
of this code.
104.9.4. Revocation
of permit. The
building official may suspend or revoke a permit when an electrical utility
company fails to comply with any of the permit responsibilities or for
violation of any provision of this chapter and the technical codes.
104.9.5.
Procedure. When the
building official deems that the permit shall be suspended or revoked, the
procedure shall be as follows:
1. The utility company shall be notified in writing by certified
mail at least seven (7) days prior to suspension or revocation.
2. Upon receipt of the notice, the utility company may request a
hearing. Such request shall be in writing to the building official within seven
(7) days of receipt of notice.
3. If a hearing is requested by the utility company, the building
official shall set a time, date and place and so notify the utility company.
4. When a hearing is conducted, the utility company and other
interested parties may be in attendance. Upon completion of the hearing, the
building official shall take all evidence submitted under advisement and shall
notify the utility company of his findings in writing by certified mail.
5. If the decision rendered by the building official is adverse to
the utility company, the utility company may appeal from such decision to the
electrical code advisory board of appeals in the manner provided in Section 110
of this code.
104.10. Registered
industrial plant.
104.10.1.
Definition. For the
purpose of this code, a Registered Industrial Plant is a person, firm,
corporation, political entity, or public school engaged in manufacturing,
processing, education or similar service which requires specialized buildings,
utilities and equipment to the extent that the plant maintains full-time
personnel for the operation and maintenance of such buildings, utilities and
equipment and when such plant has complied with all the provisions of this
section.
104.10.2.
Qualifications. In addition to meeting the general
definitions above, a registered industrial plant shall have a full-time or
contract employee who is an architect or engineer registered in the
State of
104.10.3. Scope. Registered Industrial Plants are
exempt from the permitting requirements of Section 104.1 and 104.2, for work on
existing buildings, structures and utilities accessory thereto that does not
increase the floor area or height or cause the change of use or character of
use for which a new certificate of occupancy would be required.
EXCEPTION: A Registered Industrial Plant is not exempt
from permits and inspections for fire protection systems regulated by the Fire
Code. Provided that public schools which
are also registered industrial plants and which have fire systems permitted and
inspected by the State of Arizona Fire Marshall’s office, do not require
permits for the minor alteration of existing fire protection systems..
This exemption is limited to
buildings owned or leased by the Registered Industrial Plant and under the
direct control of the holder of the registration. Said buildings or structures
qualify for this exemption after the Certificate of Occupancy has been issued
for the structure and all interior improvements covering the initial plant
occupancy. This exemption shall not be construed to waive any requirement of
this Chapter and the technical codes, and all applicable requirements shall be
complied with. The Plant registration is non-transferable.
104.10.4.
Application. To obtain registration, the applicant shall
first file an application in writing on a form furnished by the building official
for such purpose. Every such application
shall:
1. Specify the name of the plant for which registration is
requested.
2. Describe the property to be included under registration by
address and other description that will readily identify and definitely locate
the buildings and structures to be included under the registration.
3. The name of the individual who has the authority to act on
behalf of the plant owner(s).
4. The name of the registered architect or engineer who will be
responsible for the work done under the registration.
Appropriate action shall be
taken by the building official on such application and the applicant shall be
notified accordingly.
If the application is
disapproved, the applicant may appeal from such decision to the building code
advisory board of appeals in the manner provided in this chapter.
104.10.5.
Registration and annual permit fee. Every applicant for registration shall pay a
fee as prescribed in Table 2-A at the time of filing. Said fee shall be refunded if the application
is disapproved. Registrations shall expire on December 31 of each year. Registration may be renewed each year by
payment of the fee on or before December 31. Any work performed after expiration
without obtaining additional separate permits and inspections required by this
chapter shall be a violation of this code.
104.10.6.
Validity of registration. Registration shall be valid only as long as
the named architect or engineer remains in the employ or on contract with the
Registered Industrial Plant in an active and full-time capacity.
If the registered architect or engineer should leave the employ of the
registrant, registration is suspended until another registered architect or
engineer is assigned the responsibility for work done under the registration.
The Registered Industrial Plant shall notify the building official immediately
and shall call for inspection of any work in progress in accordance with
Section 106.5.
Before any new work commences while registration is invalid or suspended,
permits and inspections shall be obtained pursuant to this chapter.
104.10.7.
Revocation of registration. The building official may suspend or revoke a
registration when the Registered Industrial Plant fails to comply with any of
the registration responsibilities or for violation of any provision of this
Chapter and the technical codes.
104.10.8.
Procedure. When the
building official deems that the registration shall be suspended or revoked,
the procedure shall be as follows:
1. The registered industrial plant shall be notified in writing by
certified mail at least seven (7) days prior to suspension or revocation.
2. Upon receipt of the notice, the registered industrial plant may
request a hearing. Such request shall be
in writing to the building official within seven (7) days of receipt of notice.
3. If a hearing is requested by the registered industrial plant,
the building official shall set a time, date and place and so notify the
registrant.
4. When a hearing is conducted, the registered industrial plant
and other interested parties may be in attendance. Upon completion of the hearing, the building
official shall take all evidence submitted under advisement and shall notify the
registered industrial plant of his findings in writing by certified mail.
5. If the decision rendered by the building official is adverse to
the registered industrial plant, the registered industrial plant may appeal
from such decision to the building code advisory board of appeals in the manner
provided in Section 110 of this code.
104.10.9. Work
report and inspections. A report of all work done under the plant
registration shall be prepared by the registered architect or engineer and
submitted monthly to the building official together with any plans or working
drawings for alterations to buildings or utilities covered by the code.
Plans submitted pursuant to this section may be reviewed and inspection
of the work conducted by the building official or authorized representatives as
set forth in this code, provided, however, that work may proceed without
inspection pursuant to this section.
The Registered Industrial Plant may request a plan review or inspection
of any work performed under this section without payment of additional fees.
EXCEPTIONS: Plans, working drawings and work reports need
not be submitted for:
1. Installation of machines, equipment and
processes related to production or testing;
2. Additions, alteration and repair of
electrical, plumbing or mechanical systems;
3. Partitions, rails, counters and similar
space dividers not exceeding five (5) feet, nine (9) inches in height above the
floor.
104.11. Temporary structures and uses. The building official is authorized to issue
a permit for temporary structures and temporary uses. Such permits shall be
limited as to time of service, but shall not be permitted for more than one
hundred eighty (180) days. The building official is authorized to grant
extensions for demonstrated cause. Temporary structures and uses shall conform
to the structural strength, fire safety, means of egress, accessibility, light,
ventilation and sanitary requirements of this Chapter and the technical codes
as determined by the building official to ensure the public health, safety and general
welfare. The building official is authorized to terminate such permit and to
order the temporary structure or use to be discontinued.
104.12.
Application for permit. To
obtain a permit, an applicant shall first file an application in writing on a
form furnished by the Community Development Department. Such application, as a
minimum, shall contain the following:
a. Identify
and describe the work to be covered by the permit.
b. Description
of the land where the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate
the proposed building or work.
c. Indicate
the use and occupancy of the proposed work.
d. Construction
documents and other information as required in this section.
e. The
valuation of the proposed work.
f. Signature
of the applicant or the applicant’s authorized agent.
g. Other
data and information as required by the building official.
104.13. Action on application. The building official shall examine or cause
to be examined applications for permits and related documents within a
reasonable time after filing. If the
application or the construction documents do not conform to the requirements of
pertinent laws, the building official shall reject such application in writing,
identifying the reasons for rejection.
If the building official is satisfied that the proposed work
conforms to the requirements of this chapter, the technical codes and
applicable laws and ordinances thereto, the building official shall issue a
permit as soon as practicable, subject only to the payment of appropriate fees.
104.14. Time limitation of permit application. An application for a permit for any proposed
work shall be valid for a period of one year from the date of filing. The building official is not authorized to
grant any extension of time.
EXCEPTIONS:
1. Prior
to the date of expiration of any application for which plans have not been
approved, the applicant may submit a written request for a one time extension
of one hundred eighty (180) days. The
request must explain the justifiable cause for the delay and include a proposed
plan submittal schedule for the completion of the plan review process. If the request for extension is approved, the
applicant must submit a new project submittal application along with a renewal
fee equal to twenty-five percent (25%) of the original calculated plan review
fee. The renewal fee must be paid no
later than thirty (30) calendar days after the original expiration date or the
original application shall expire.
Additional plan review fees may apply as prescribed in Table 1-A
Building Permit Fees; Other Fees; Item 4.
Additionally, all permits must be issued and permit fees paid prior to
the end of the one hundred eighty (180) day extension date.
2. Prior
to the date of expiration of any application that has been approved for the
issuance of permits, but for which a permit has not been issued, the applicant
may request a one time extension of one hundred eighty (180) days. The request must explain the justifiable
cause for the delay. If the request for
extension is approved, the applicant must submit a new project submittal application
along with a renewal fee equal to ten percent (10%) of the original calculated
plan review fee. The renewal fee must be
paid no later than thirty (30) calendar days after the original expiration date
or the original application shall expire.
Additionally, the permits must be issued and permit fees paid prior to
the end of the one hundred eighty (180) day extension date.
Exceptions 1 and 2 above may not be combined.
104.15. Validity of permit. The issuance or granting of a permit shall
not be construed to be a permit for, or an approval of, any violation of any of
the provisions of this chapter, the technical codes or of any other ordinance
of the jurisdiction. Permits presuming
to give authority to violate or cancel the provisions of this chapter, the
technical codes or other ordinances of the jurisdiction shall not be valid.
The issuance of a permit based on construction documents and
other data shall not prevent the building official from requiring the
correction of errors in the construction documents or in the construction.
The building official is also authorized to prevent
occupancy or use of a structure where in violation of this chapter, the
technical codes or of any other ordinances of this jurisdiction. Work shall be installed in accordance with
the approved construction documents, and any changes made during construction
that are not in compliance with the approved construction documents shall be
resubmitted for approval as an amended set of construction documents.
104.16. Expiration of permit. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced within one
year after its issuance, or if the work authorized on the site by such permit
is suspended or declared abandoned by the owner for a period of one year after
the date the work is commenced, or if the building official declares the permit
suspended or abandoned after the expiration of one year from the date of permit
issuance.
104.16.1. Work not commenced. Every permit issued under the
provision of this chapter and the technical code shall be valid for a period of
one year from the date of issuance provided, however, that any permit shall
expire if work authorized by such permit is not commenced and an approved
inspection obtained within one year from the date of issuance. An approved inspection shall be an inspection
that is requested and approved pursuant to Section 106.5. Before work can be commenced on a structure
for which the permit has expired, a new permit shall be obtained and the fee therefore
shall be based on the total valuation of the structure.
104.16.2. Work
commenced. Every
permit issued under the provisions of this code shall be valid for a period of
one year from the date of issuance. An
approved inspection shall be an inspection that is requested and approved pursuant
to Section 106.5.
Before work can be
continued or resumed on a structure for which the permit has expired, a new
permit shall be obtained and the fee thereof shall be determined by the
building official on the basis of the valuation of the uncompleted portion of
the work from the last approved inspection.
104.17.
Unfinished buildings or structures. Whenever work has commenced on a building or
structure for which a permit has been issued, and said permit has expired
pursuant to Section 104.17, the owner of the property upon which structure is
located, or other person or agent in control of said property, upon receipt of
notice in writing from the department, shall within thirty (30) days from the
date of such written notice, obtain a new permit to complete the work and
diligently pursue the work to completion, or within said thirty (30) days,
obtain a demolition permit and shall remove or demolish the building or
structure within one hundred twenty (120) days from the date of written notice. Notwithstanding the provisions of Section
104.17 and this section, whenever work on any building, structure, addition,
alteration, appendage or repair has commenced, the exterior walls and roof
shall be completed in accordance with the approved plans including but not
limited to roofing, fenestration and finish materials including paint, within
two (2) years of commencing construction.
In the absence of evidence to the contrary, the date of the first
inspection request shall establish the date that construction commenced.
The provisions of this
section shall apply to all permits issued on and after the effective date of
this ordinance and permits issued or reinstated pursuant to Section 104.17.
Such building, structure,
addition, alteration, appendage or repair not in compliance with this section
is subject to the enforcement and abatement procedures of Chapter 21, Tempe
City Code as a public nuisance.
104.18. Suspension or revocation. The building official is authorized to
suspend or revoke a permit issued under the provisions of this chapter wherever
the permit is issued in error or on the basis of incorrect, inaccurate or
incomplete information, or in violation of any ordinance, regulation or any of
the provisions of this chapter, the technical codes or of other ordinances of
this jurisdiction.
104.19. Placement of permit. The building permit or copy thereof shall be
kept on the site of the work until the completion of the project.
Sec. 8-105. Construction documents.
105.1. Submittal documents. Plans, specifications, engineering
calculations, diagrams, soil investigation reports, special inspection and
structural observation programs and other data, as required by the building
official, shall be submitted with each application for a permit. The construction documents shall be prepared
by a registered design professional as required by State law and Section
105.3. Where special conditions exist,
the building official is authorized to require additional construction
documents to be prepared by a registered design professional.
EXCEPTION:
The building official is authorized to waive the submission of
construction documents and other data not required to be prepared by a design
professional if it is found that the nature of the work applied for is such
that review of construction documents is not necessary to obtain compliance
with this chapter, the technical codes and other ordinances of the city.
105.1.1. Information on construction documents. Construction documents shall be dimensioned
and drawn upon suitable material.
Electronic media documents are permitted to be submitted when approved
by the building official. Construction
documents shall be of sufficient clarity to indicate the location, nature and
extent of the work proposed and show in detail that it will conform to the
provisions of this chapter, the technical codes and relevant laws, ordinances
as determined by the building official.
105.1.2. Screening. Submittal documents may be subject to
screening by the building official for completeness and code compliance prior
to being accepted for permit review. Incomplete submittals or submittals
containing readily apparent code violations shall be returned to the applicant
without being accepted unless otherwise directed by the building official.
105.1.3.
Title sheet information. The construction documents shall contain a
title sheet or title sheets indicating the name, address and phone numbers of
design professionals. The title sheet
shall also contain information regarding the code review as performed by the
design professional, including the size of the building, type of construction,
occupancy classification(s), area and height modifications (if any), fire
sprinklers (if any), and any other information as directed by the building
official. The building official is
authorized to waive or modify the requirement for a title sheet when the
application for permit is for alteration or repair or when otherwise warranted.
105.1.4.
Site plan. The construction documents submitted with the
application for permit shall be accompanied by a site plan showing to scale the
size and location of new construction and existing structures on the site,
distances from lot lines and it shall be drawn in accordance with an accurate
boundary line survey. In the case of
demolition, the site plan shall show construction to be demolished and the
location and size of existing structures and construction that are to remain on
the site or plot. The building official
is authorized to waive or modify the requirement for a site plan when the
application for permit is for alteration or repair or when otherwise warranted.
105.1.5.
Means of egress. The construction documents shall show in
sufficient detail the location, construction, size and character of all
portions of the means of egress in compliance with the provisions of the
technical codes. In other than Group R-3
occupancies as applicable in Section 101.4.2, the construction documents shall
designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces. The building official is authorized to waive
or modify the requirement for a means of egress plan when the application for
permit is for alteration or repair or when otherwise warranted.
105.1.6.
Exterior wall envelope. Construction documents for all buildings
shall describe the exterior wall envelope in sufficient detail to determine
compliance with the technical codes. The construction documents shall provide
details of the exterior wall envelope as required, including flashing,
intersections with dissimilar materials, corners, end details, control joints,
intersections at roofs, eaves or parapets, means of drainage, water-resistive
membrane and details around openings.
The
construction documents shall include manufacturer’s installation instructions
that provide supporting documentation that the proposed penetration and opening
details described in the construction documents maintain the weather resistance
of the exterior wall envelope. The supporting documentation shall fully
describe the exterior wall system which was tested, where applicable, as well
as the test procedure used.
The
building official is authorized to waive or modify the requirement for an
exterior wall envelope plan when the application for permit is for alteration
or repair or when otherwise warranted.
105.2.
Examination of documents. The building official shall examine or cause
to be examined the permit application and accompanying construction documents
and shall ascertain by such examinations whether the construction indicated and
described is in accordance with the requirements of this chapter, the technical
codes and other pertinent laws or ordinances.
105.2.1.
Approval of construction documents. When the building official issues
a permit, the construction documents shall be approved, in writing or by stamp,
as reviewed for code compliance. One set
of construction documents so reviewed shall be retained by the building official
as required by the approved building safety division retention schedule. The other set shall be returned to the
applicant, shall be kept at the site of work and shall be open to inspection by
the building official. When the
submittal documents are produced electronically, the applicant shall provide an
electronic copy of all drawings on compact disk or other media approved by the
building official.
105.2.2.
Previous approvals. This chapter and the technical codes shall
not require changes in the construction documents, construction or designated
occupancy of a structure for which a lawful permit has been heretofore issued
or otherwise lawfully authorized, and the construction of which has been
pursued in good faith and has not been abandoned pursuant to Section 104.13.
105.2.3. Phased
approval. The building official is authorized to issue
a permit for the construction of foundations, or other parts of a building or
structure before the construction documents for the whole building or structure
have been submitted, provided adequate information and detailed statements have
been filed complying with pertinent requirements of this chapter and the
technical codes. The holder of such
permit for the foundation or other parts of a building or structure shall
proceed at the holder’s own risk with the construction operation and without
assurance that a permit for the entire structure will be granted.
EXCEPTION:
Phased construction approvals are not applicable for Group R-3 and R-4
occupancies.
105.3.
Design professional in responsible charge. When it
is required that permit submittal documents be prepared by a registered design
professional, the building official shall be authorized to require the owner to
engage and designate on the building permit application a registered design
professional who shall act as the registered design professional in responsible
charge.
If
the circumstances require, the owner shall designate a substitute registered
design professional in responsible charge who shall perform the duties required
of the original registered design professional in responsible charge. The building official shall be notified in
writing by the owner if the registered design professional in responsible
charge is changed or is unable to continue to perform the duties.
The
registered design professional in responsible charge shall be responsible for
reviewing and coordinating submittal documents prepared by others, including
phased and deferred submittal items, for compatibility with the design of the
building.
Where
structural observation is required by Section 1704 of the building code, the
inspection program shall name the individual or firms who are to perform
structural observation and describe the stages of construction where the
structural observation is to occur.
105.3.1.
Deferred submittals. For the purposes of this section, deferred
submittals are defined as those portions of the design not submitted at the
time of the application but are to be submitted to the building official within
a specified period.
Deferral
of submittal items shall have the prior approval of the building official. The
registered design professional in responsible charge shall list the deferred
submittals on the title sheet of the construction documents for review by the
building official. Deferred submittal items shown on the construction documents
shall be clearly noted as For Reference Only. Deferred submittals do not
constitute phased approval of the construction.
Documents
for deferred submittal items shall be submitted to the registered design
professional in responsible charge who shall review them and forward them to
the building official with a notation indicating the deferred submittal
documents have been reviewed and been found to be in general conformance to the
design of the building. The deferred submittal items shall not be installed
until the design and submittal documents have been approved by the building
official.
105.4.
Amended construction documents (revisions). Work
shall be installed in accordance with the approved construction documents, and
any changes made during construction that are not in compliance with the
approved construction documents shall be resubmitted for approval as an amended
set of construction documents.
105.5.
Responsibility. It shall be the duty of every person who
performs work for the installation or repair of building, structure,
electrical, gas, mechanical, plumbing, or fire-suppression systems, for which
this chapter or the technical codes are applicable, to comply with this chapter
and the technical codes.
105.6.
Retention of construction documents.
One set of approved
construction documents shall be retained by the building official for a period
of time as prescribed by state or local laws and one set of approved
construction documents shall be returned to the applicant, and said set of
shall be kept on the site of the building or work at all times during which the
work authorized thereby is in progress.
Sec. 8-106. Inspections.
106.1. General. Construction or work for which a permit is
required shall be subject to inspection by the building official and such
construction or work shall remain accessible and exposed for inspection
purposes until approved. Approval as a
result of an inspection shall not be construed to be an approval of a violation
of the provisions of this chapter, the technical codes or of other ordinances
of the jurisdiction. Inspections
presuming to give authority to violate or cancel the provisions of this chapter
or the technical codes or of other ordinances of the jurisdiction shall not be
valid. It shall be the duty of the
permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the
building official nor the jurisdiction shall be liable for expense entailed in
the removal or replacement of any material required to allow inspection.
It shall be the duty of the permit holder to provide an
approved property address, including number and street name, at all
construction sites. Such temporary premises identification shall be clearly
visible from the street or roadway fronting the property, shall be installed
prior to the first inspection, and shall be maintained until the permanent
premises identification is installed and approved.
106.2. Inspection record card. Work requiring a permit shall not
commence until the permit holder or an agent of the permit holder has posted or
otherwise made available the inspection record card to allow the building
official or authorized agent to conveniently make the required entries thereon
regarding inspections of the work. The
card shall be maintained available by the permit holder until final approval,
by the building official, has been granted.
106.3.
Preliminary inspections. Before issuing a permit, the building
official is authorized to examine or cause to be examined buildings, structures
or sites for which an application has been filed.
106.4. Inspection and observation
program. When
special inspection is required by Section 1704 of the building code or as
determined by the building official, the owner, an agent of the owner, or the
engineer or
registered design professional in responsible charge, but not the contractor or any other person responsible for the work,
shall employ one or more special inspector(s) who shall provide inspections
during construction on the type of work listed under Section 1704.1 or as
determined by the building official.
When special inspections
are required, the special inspections are to be performed in addition to, not
in lieu of, the inspections conducted by the building official, and shall not be construed to relieve the owner or
his authorized agent from requesting the periodic and called inspections
required by this chapter and the technical codes.
106.4.1. Special
inspector. In
accordance with Sections 1704.1 and 106.4 special inspector(s) shall be
provided by, or under the supervision of an engineer or registered design
professional in responsible charge of the structural
inspection for which special inspection is required, subject to the following
conditions:
106.4.2.
Notification. (Prior to issuing
permit) The owner
or his authorized agent shall notify the community development department,
building safety division in writing on the form provided by this division, the
name of the engineer or registered design professional in responsible charge who will carry out the required inspection. The responsible engineer or registered design
professional of record shall notify the department of any changes of
special inspection(s) prior to conducting the inspections.
106.4.3.
Certificate of responsibility. The engineer or registered design professional in responsible
charge of the special inspection(s) shall so certify to the
division in writing on the city form provided prior to the issuance of the
building permit, and shall notify the division immediately if terminated prior
to completion of the work, for which special inspection(s) is required.
106.4.4.
Qualification. No person(s) shall be assigned to carry out the duties of the special
inspector(s) unless thoroughly qualified by knowledge and experience to render
full, complete and competent inspection.
It shall be the
responsibility of the engineer or registered design professional in responsible charge of the special inspection to satisfy the duties and
responsibilities as stated in Section 1704.1 of the building code.
106.4.5.
Inspection and reports. The engineer or registered design professional in responsible charge
of the special inspection(s) or the designated special inspector(s) shall
provide continuous, competent and complete inspection on the work for which
special inspection(s) is required in accordance with Section 1704.1 and shall
submit reports to the division's inspection section stating approval of the
work as it progresses, but not less than every two weeks.
The special inspector(s)
shall notify the division immediately upon detection of all discrepancies
involved in the special inspections that have not been corrected in accordance
with the approved plans and specifications prior to proceeding with the work.
106.5. Required inspections. The building official, upon notification,
shall make the inspections set forth in this section.
106.5.1. Footing and foundation inspection. Footing and foundation inspections shall be
made after excavations for footings are complete and any required reinforcing
steel is in place. For concrete
foundations, the required forms shall be in place prior to inspection. An inspection shall be made prior to the
placement of concrete. Materials for the
foundation shall be on the site, except where concrete is ready mixed in
accordance with ASTM C 94, the concrete need not be on the site.
106.5.2. Underground building service equipment. Underground plumbing, gas, mechanical, or
electrical systems shall be inspected for approved materials, proper burial
depth and slope but prior to the backfilling of trenches. The piping shall be bedded-in for its entire
length, and if applicable, the systems shall be under the prescribed tests
required by the technical codes.
106.5.3. Concrete slab and under-floor
inspection. Concrete slab and
under-floor inspections shall be made after in-slab or under-floor reinforcing
steel and if applicable, building service equipment, conduit, piping
accessories and other ancillary equipment items are in place and approved, but
before any concrete is placed or floor sheathing installed, including the
sub-floor.
106.5.4. Sewer or water service (building or private).
Sewer or water service lines, that provide
service to a building or multiple buildings on one site and not installed in a
public right-of-way or PUE, shall be inspected for approved materials and
proper slope prior to backfilling of the trenches.
106.5.5. Concrete or masonry walls or columns
inspection. Walls and columns shall be
inspected after all reinforcing steel, and if applicable, conduits and other
piping are in place but prior to the placement of concrete or grout. For concrete walls or columns, required forms
shall be in place prior to inspection.
Masonry walls or columns constructed in lifts shall require an
inspection prior to the grouting of each lift.
106.5.6. Exterior strap and shear inspection. Exterior wall shall be
inspected after the sheathing (used for bracing/shear), wall bracing, metal
straps or anchoring devices are in place but prior to the installation of the
weather-resistive barrier or wall covering.
106.5.7. Rough building service equipment. Rough plumbing, gas, mechanical, or
electrical systems shall be inspected for approved materials or proper slope
but prior to concealing by the building finish materials. When applicable, the systems shall be under
the prescribed tests required by the technical codes. When applicable, these inspections can be
completed in conjunction with a frame inspection.
106.5.8. Frame inspection. Framing inspections shall be made after the
roof deck or sheathing, all framing, fireblocking, draftstopping and bracing
are in place, pipes, chimneys and vents to be concealed are complete, the rough
building service equipment has been approved, after the roof is loaded with
roof covering material and the building has been dried-in.
106.5.9. Lath and gypsum board inspection. Lath and gypsum board inspections shall be
made after lathing and gypsum board, interior and, if applicable, exterior, is
in place, but before any plastering is applied or gypsum board joints and
fasteners are taped and finished.
EXCEPTION: Gypsum board that is not part of a
fire-resistance-rated assembly, sound-rated assembly, or a shear assembly.
106.5.10. Fire-resistant penetrations. Protection of joints and penetrations in
fire-resistance-rated assemblies shall not be concealed from view until
inspected and approved. When applicable,
this inspection shall be done in conjunction with the gypsum board inspection
prior to joints and fasteners being taped and finished.
106.5.11 Energy efficiency inspections. Inspections shall be made to determine compliance with IBC Chapter 13 or IRC Chapter 11 and shall include, but not be limited to, inspections for: envelope insulation R- and U- values, fenestration U- value and SHGC, duct system sealing and R -value, HVAC and water-heating equipment efficiency or other insulation and efficiency verification.
106.5.12 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Chapter or the technical codes and other laws enforced by the Building Safety Division.
106.5.13 Special inspections. Special inspections and structural observations shall be as required in Section 1704 of the Building Code in accordance with Section 106.4 of this Chapter. Special inspections are in addition to, not in lieu of, the inspections conducted by the building official.
106.5.14 Final inspection. The final inspection shall be made after all work shown on the construction documents or as required by the permit is completed. When applicable, the systems shall be under the prescribed tests required by the technical codes.
Sec. 8-107.
Certificate of occupancy and final approvals.
107.1. Use and occupancy. No building or structure shall be used or
occupied, and no change in the existing occupancy classification of a building
or structure or portion thereof shall be made until the building official has
issued a Certificate of Occupancy therefore as provided herein. Issuance of a
certificate of occupancy shall not be construed as an approval of a violation
of the provisions of this Chapter, the technical codes or other ordinances of
the jurisdiction.
107.2. Letter of compliance. The building official is authorized to issue
a Letter of Compliance for a building
or structure permitted as a basic or shell building which cannot be occupied.
If after a final inspection of the
building or structure, and any electrical, fire protection, plumbing,
mechanical, gas or similar systems
shown on the approved plans there are no violations to the provisions of this
Chapter, the technical codes or other laws and ordinances that are enforced by
the Building Safety Division, the permit holder may request such Letter of Compliance.
The Letter of Compliance certifies that the work performed under the permit has
been satisfactorily completed, but does not authorize the occupancy of a basic
or shell building or structure.
The letter of compliance shall contain the following:
1. The building
permit number.
2. The address of
the structure.
3. A description
of the building, construction type, proposed occupancy type and building area.
4. A statement
that the permitted work has been inspected for compliance with the requirements
of this chapter and the technical codes.
5. The name and
signature of the building official or designee.
107.3. Certificate of occupancy. After the building official inspects the
building or structure and finds no violations of the provisions of this
chapter, the technical codes or other laws that are enforced by the building
safety division, the building official is authorized to issue a certificate of
occupancy that contains the following:
1. The building
permit number.
2. The address of
the building or structure.
3. The type of
construction as defined in Section 602.1 of the building code.
4. The occupancy,
in accordance with the provisions of Section 302.1 of the building code.
5. The area of
each occupancy within the building for which the permit was issued.
6. The occupant
load of each occupancy for which the permit was issued for.
7. Indicate
whether an automatic sprinkler system is provided in the building or structure.
8. A statement
that the described portion of the structure has been inspected for compliance
with the requirements of this chapter and the technical codes for the occupancy
and division of occupancy and the use for which the proposed occupancy is
classified.
9. The name and
signature of the building official or designee.
10. Any special
stipulations and conditions of the building permit.
EXCEPTION: Group U and additions to Group R-3
Occupancies, unless specifically requested by the permit holder. For such
occupancies, occupancy and use is authorized upon the satisfactory completion
of the final building inspection.
107.4. Temporary certificate of occupancy. The building official is authorized to issue
a temporary certificate of occupancy before the completion of the entire work
covered by the permit, provided that such portion or portions shall be occupied
safely. The building official shall set
the conditions, if any, and the time period during which the temporary
certificate of occupancy is valid.
107.5. Revocation. The
building official is authorized to suspend or revoke, in writing, a certificate
of occupancy, letter of compliance or temporary certificate of occupancy issued
under the provisions of this chapter wherever such certificate is issued in
error, or on the basis of incorrect information supplied, or where it is
determined the building or structure or portion thereof is in violation of any
ordinance or regulation or any of the provisions of this chapter or the
technical codes.
107.6. Posting. The certificate of occupancy shall be posted in a
conspicuous place within the premises.
Sec. 8-108.
Unsafe structures and equipment.
108.1. General. Structures
or building service equipment that are or hereafter become structurally unsafe,
insanitary or deficient because of inadequate means of egress facilities,
inadequate light and ventilation, or
that constitute a fire hazard, or are otherwise dangerous to human life
or which in relation to existing use constitutes a hazard to safety or health,
or public welfare, by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, or abandonment, as specified in this Chapter,
technical codes or any other effective ordinance, are for the purpose of this
section, unsafe buildings. A vacant structure that is not secured against entry
shall be deemed an unsafe condition. Unsafe conditions and structures shall be
taken down, removed or made safe, as the building official deems necessary and
as provided in this Chapter. All such unsafe
buildings are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition or removal in accordance with the
procedure specified in Sections 108.2, 108.3, 108.4 and 108.5.
108.1.2. Unsafe
buildings appendages. Parapet walls, cornices, spires, towers,
tanks, statuary and other appendages or structural members which are supported
by, attached to, or a part of a building and which are in a deteriorated
condition or are otherwise unable to sustain the design loads which are
specified in this code, are hereby designated as unsafe building appendages.
All such unsafe building appendages
are public nuisances and shall be abated in accordance with Section 108.1 of
this Chapter.
108.2. Notice to owner. The building official shall
examine or cause to be examined every building or structure or portion thereof
reported as dangerous or damaged and, if such is found to be an unsafe building
as defined in this section, the building official shall give to the owner of
such building or structure written notice stating the defects thereof. This notice may require the owner or person
in charge of the building premises, within forty-eight (48) hours, to commence
either the required repairs or improvements or demolition and removal of the
building or structure or portions thereof, and all such work shall be completed
within ninety (90) days from the date of notice, unless otherwise stipulated by
the building official. If necessary,
such notice also shall require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the required repairs and
improvements are completed, inspected, and approved by the building official.
108.2.1. Proper
service. Proper
service of such notice shall be by one of the following methods; personal service
upon the owner of record, if found within the city limits; if not found within
the city limits, such service may be made upon said owner by first class mail,
postage paid, addressed to the owner, occupant, agent, manager or responsible
person at the last know address; delivered in any manner permitted by the Arizona Rules
of Civil Procedure for service of process or posted in a conspicuous place on
or about the entrance of the structure affected by such notice. Service by mail
is deemed complete upon deposit in the
108.3. Posting of
signs. The building official shall cause to be posted at each entrance to such
building a notice to read: DO NOT ENTER UNSAFE TO OCCUPY by order of the community
development department, City of
108.4. Right to
demolish. In case
the owner shall fail, neglect or refuse to comply with the notice to repair,
rehabilitate, or to demolish and remove said building or structure or portion
thereof, the City Council may order the owner of the building prosecuted as a
violator of the provisions of this code and may order the building official to
proceed with the work specified in such notice.
108.5. Costs. Costs incurred under Section
108.4 shall be paid out of the city treasury and shall be charged to the owner
and collected by the finance and technology director in the manner specified in
Chapter 21, Tempe City Code.
108.6. Restoration. The structure or building service equipment
determined to be unsafe shall be permitted to be restored to a safe
condition. To the extent repairs,
alterations or additions are made or a change of occupancy occurs during the
restoration of the structure, such repairs, alterations, additions or change of
occupancy shall comply with the requirements of this chapter and the technical
codes.
Sec. 8-109.
Violations.
109.1. Unlawful acts. It shall be unlawful for any person, firm or
corporation to erect, construct, alter, extend, repair, move, remove, demolish
or occupy any building, structure or building service equipment regulated by
this chapter and the technical codes, or cause same to be done, in conflict
with or in violation of any of the provisions of this chapter and the technical
codes.
109.2. Illegal
building. Every
building or portion thereof constructed without a building permit where
required by this chapter, shall be made to conform to the provisions of this
chapter and the technical codes or shall be demolished.
109.3. Notice of violation. The building official is authorized to serve
a notice of violation or order on the building owner, the owner’s agent or
person responsible for the erection, construction, alteration, extension,
repair, moving, removal, demolition or occupancy of a building, structure or
building service equipment in violation of the provisions of this chapter, the
technical codes or in violation of a permit or certificate issued under the
provisions of this chapter. Service of such notice shall be as described in
Section 108.2.1 of this chapter. Such
order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
109.4. Prosecution of violation. If the notice of violation is not complied
within the time frame specified in the notice, the city may institute the
appropriate proceeding at law, or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy
of the building or structure in violation of the provisions of this chapter or
of the technical codes or of the order or direction made pursuant thereto.
109.5. Remedies not exclusive. Violations of this chapter or the technical
codes are in addition to any other violation established by law, and this
chapter and shall not be interpreted as limiting the penalties, actions, or
abatement procedures that may be taken by the city or other persons under the
laws, ordinances or rules.
109.6. Violation penalties. Any person, firm, or corporation who shall
violate any of the provisions of this chapter and the technical codes may be
subject to one or more of the penalties as prescribed in the Tempe City Code,
Chapter 21.
Civil sanction: A
fine of not less than one hundred dollars ($100) nor more the one thousand
dollars ($1,000) but total fines shall not exceed two thousand dollars ($2,000)
per day for each property.
Criminal misdemeanor:
If found guilty of a class one misdemeanor and upon conviction shall be
punished by a fine not to exceed two thousand five hundred dollars ($2,500) or
by imprisonment in the city jail for a period not to exceed six (6) months, or
by both such fine and imprisonment.
Separate Offense:
Each day any violation is continued or the failure to perform any act or
duty required by this section shall constitute a separate violation or offense.
Sec. 8-110. Board
of appeals.
110.1. General. In order
to hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of this
chapter and the technical codes, there shall be and is hereby created one or
more board of appeals.
110.2. Limitations on authority. An application for appeal shall be based on a
claim that the true intent of the technical codes or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of the technical
codes do not fully apply or an equal or better form of construction is
proposed. A board of appeals shall have
no authority to waive requirements of the technical codes.
110.3. Created,
composition.
110.3.1. Building code advisory board of appeals. There shall be and is hereby created a building code advisory board of appeals, consisting of five (5) members who