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. State of
Art.
VII. International Fuel Gas Code,
§§ 8-700—8-799
Art.
VIII. National Electrical Code, §§ 8-800—8-899
ARTICLE
I.
Sec.
8-100. Adopted; where filed; amendments.
(a) That certain document known as the Tempe
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.
(Ord. No. 2005.89, 12-1-05)
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
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 and 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. Radio and television antennae towers or light standards not
exceeding thirty-five (35) feet in height.
2. 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 subsection 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. Works of art not over six (6) feet (1829 mm) in height and
their foundation and supporting structure, provided that no part of which is
intended to be occupied or used as shelter.
5. 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
6. Electrical installations underground in mines.
7. 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.
8. Electrical installations of communication equipment under
exclusive control of communication utilities.
9. 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.
10. Piping systems of natural gas with an operating pressure greater
than one hundred twenty-five (125) pounds per square inch gauge (psig) (862kPa
gauge) and for LP-gas with an operating pressure of greater than twenty (20)
psig (140 kPa gauge).
11. Portable LP-gas equipment of all types not connected to a fixed
fuel piping system.
12. Installation of farm equipment such as brooders, dehydrators,
dryers and irrigation equipment.
13. Raw material (feedstock) applications except for piping to
special atmosphere generators.
14. Oxygen-fuel gas cutting and welding systems.
15. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide,
oxygen and nitrogen.
16. Petroleum refineries, pipeline compressor or pumping stations,
loading terminals, compounding plants, refinery tank farms and natural gas
processing plants.
17. Integrated chemical plants or portions of such plants where
flammable or combustible liquids or gases are produced by, or used in, chemical
reactions.
18. LP-gas installations at utility gas plants.
19. Liquefied natural gas (LNG) installations.
20. Fuel gas piping in power and atomic energy plants.
21. Proprietary items of equipment, apparatus or instruments such as
gas-generating sets, compressors and calorimeters.
22. LP-gas equipment for vaporization, gas mixing and gas
manufacturing.
23. Temporary LP-gas piping for buildings under construction or
renovation not becoming part of the permanent piping system.
24. Installation of hydrogen gas, LP-gas and compressed natural gas (CGN) systems on vehicles.
25. Except as provided in Section 401.1.1 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.
26. Piping systems for mixtures of gas and air
within the flammability range with an operating pressure greater than ten (10)
psig (69kPa gauge).
27. Portable fuel cell appliances that are neither connected to a fixed piping system
nor interconnected to a power grid.
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 (3) stories
above grade plane in height with separate means of egress and their accessory
structures shall comply with the International Residential Code.
b. 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 (3) stories above
grade plane in height with separate means of egress and their accessory
structures.
EXCEPTION:
Existing buildings undergoing repair,
alteration or additions and change of occupancy shall be permitted to comply
with the International Existing 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 (3) stories above grade plane in height with separate means of
egress and their accessory structures shall comply with the International
Residential Code.
101.4.4. Plumbing code. The provisions of the Arizona Plumbing Code 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 medical gas system.
EXCEPTIONS:
a. Plumbing work for detached one- and two-family dwellings and
multiple single-family dwellings (townhouses) not more than three (3) stories
above grade plane in height with separate means of egress and their accessory
structures shall 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 (3) stories
above grade plane in height with separate means of egress and their accessory
structures shall 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 (3) stories
above grade plane in height with separate means of egress and their accessory
structures shall 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. 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, or for which a certificate
of occupancy has not been issued shall comply with the International Building
Code.
101.4.8. Fire code. The provisions of the International Fire Code
shall apply to matters affecting or relating to structures, processes and
premises from the hazard of fire and explosion arising from the storage,
handling or use of structures, materials or devices; from conditions hazardous
to life, property or public welfare in the occupancy of structures or premises;
and from the construction, extension, repair, alteration or removal of fire
suppression and alarm systems or fire hazards in the structure or on the
premises from occupancy or operation.
101.5. Appendices. Provisions in the appendices of the technical
codes shall not apply unless specifically adopted.
101.6. 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.
(Ord. No. 2005.89, 12-1-05)
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 ordinance, except the project owner, at their discretion
and prior to April 3, 2006, may request such project be designed and
constructed under the requirements of the administrative code and building
codes of the City of Tempe in effect on December 31, 2005.
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.
State Plumbing Code/International
Plumbing Code
5.
International Mechanical Code
6.
International Fuel Gas Code
7.
International Fire Code
8.
International Existing Building 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.
(Ord.
No. 2005.89, 12-1-05)
Sec. 8-103. Duties and powers of building official.
103.1. General. There is hereby established a code enforcement
agency of the development services department of the City of
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 development services manager, 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.