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.
(Ord. No. 2005.89,
12-1-05; Ord. No. 2008.72, 12-11-08)
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 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.
28. 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 (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; Ord. No. 2008.72, 12-11-08)
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. 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.
(Ord. No. 2005.89,
12-1-05; Ord. No. 2008.72, 12-11-08)
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.
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 disconnect a utility service or energy supplied to the 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 hazard to life or property. The building official shall whenever possible
notify the serving utility, the owner and occupant of the building, structure
or building service equipment of the decision to disconnect prior to taking
such action, and shall notify such serving utility, owner and occupant of the
building, structure or building service equipment, in writing, of such
disconnection immediately thereafter.
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 twenty-four (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.
(Ord. No. 2005.89,
12-1-05; Ord. No. 2007.32, 6-28-07)
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. 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 two hundred (200) square feet (18.60 m2).
b. Fences not more
than six (6) feet (1829 mm) high.
c Oil derricks.
d. Retaining walls
which are not over four (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.
e. Water tanks
supported directly on grade if the capacity does not exceed five thousand
(5,000) gallons (18925 L) and the ratio of height to diameter or width does not
exceed 2 to 1.
f. Sidewalks and
driveways not more than thirty (30) inches (762 mm) above grade and not over
any basement or story below and not part of an accessible route.
g. Painting,
papering, tiling, carpeting, cabinets, counter tops and similar finish work.
h. Temporary
motion picture, television and theater stage sets and scenery.
i. Prefabricated
swimming pools accessory to detached one- and two-family dwellings, which are
less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand
(5,000) gallons (18925 L) and are installed entirely above ground.
j. Shade membrane
structures constructed for nursery or agricultural purposes not including
service systems. Membrane and shade
lattice structures, which do not exceed two hundred (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.
k. Swings and
other playground equipment.
l. Window awnings
supported by an exterior wall projecting not more that fifty-four (54) inches
(1372 mm) from the exterior wall, no closer than three (3) feet from a property
line, and not requiring additional support in detached one- and two-family
dwellings and Group U occupancies.
m. Movable
cases, counters and partitions not over five (5) feet, nine (9) inches (1753
mm) in height.
n. Replacement
roof covering, provided the replacement roof covering classification is equal
to or greater than the existing roofing classification and does not increase
the loads imposed upon the roof structural frame.
o. 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.
p. Temporary
stages, platforms, bleachers, grandstands and similar structures constructed
for use during special events pursuant to special events permit. (
q. Temporary soil
or structural shoring to be used during building construction, remodel or
repair.
r. 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 or control
device.
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 twenty-five (25)
volts and not capable of supplying more than fifty (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. 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.
n. Installation of
portable generators for use during special events pursuant to special events
permit. (
o. An electrical
permit is not required for lighting fixtures and conductors within or on a
sign. Branch circuits required to serve
a sign are not exempt from an electrical permit. Neon lighting that is directly
attached to a building is not exempt from an electrical permit. (This does not include neon lighting that is
part of a plug and cord connected self-contained sign or part of a
pre-manufactured piece of sign equipment.)
p. 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.
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 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 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, 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 ten (10) pounds (4.54 kg) or less of
refrigerant and actuated by motors of one horsepower (746 W) or less.
h. Replacement of
a air conditioner unit, furnace, heat pump or evaporative cooler 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, F2, M, S2, and U occupancies where the appliance serves an
individual tenant space.
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, except, not including
defective concealed trap, drain pipe, water, soil, waste or vent pipe requiring
removal and replacement.
b. Clearing of
stoppages or the repairing of leaks in pipes, valves or fixtures.
c. Replacement
of electric water heating appliances 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 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, 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, and minor
modification to electrical, plumbing, and mechanical connections necessary to
serve the appliance in A2, A3, A4, B, E, F2, M, S2, 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, 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 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.
104.3. 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.
104.7. 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.
104.8. Annual
permits.
104.8.1. 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.
104.8.2. 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.
104.9. Maintenance electrician or plumber.
104.9.1.
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.
104.9.2.
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 (see Appendix 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.
104.10. Annual
utilities permit.
104.10.1. 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.
104.10.2. 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.
104.10.3. 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 (see
Appendix 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.
104.10.4. 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.
104.10.5.
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.
104.11. Registered
industrial plant.
104.11.1.
Definition. For the
purpose of this code, a registered industrial plant is a person, firm,
corporation or political entity engaged in manufacturing, processing 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.
104.11.2.
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
104.11.3. 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.
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.
104.11.4.
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.
104.11.5.
Registration and annual permit fee. Every applicant for registration shall pay a
fee as prescribed in Table 2-A (see Appendix 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.
104.11.6.
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.
104.11.7.
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.
104.11.8.
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.
104.11.9. 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.
104.12. 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.
104.13.
Application for permit.
1. Requirements. To obtain a permit, an applicant shall first
file an application in writing on a form furnished by the development services
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.
104.14. 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.
104.15. 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 that has been approved for the
issuance of permits, 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, Item 4; Other Fees. 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.
104.16. 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.
104.17. 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.
104.17.1. 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.
104.17.2. 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.
104.18.
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.
104.19. 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.
104.20. Placement of permit. The building permit or copy thereof shall be
kept on the site of the work until the completion of the project.
(Ord. No. 2005.89, 12-1-05; Ord. No. 2007.32, 6-28-07; Ord. No. 2008.72,
12-11-08)
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.
(Ord. No. 2005.89, 12-1-05; Ord. No. 2007.32, 6-28-07)
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 development services 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. 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.
106.5.12. 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.
106.5.13. Final inspection. The final inspection shall be made after all
work shown on the construction documents or as required by the permit is
completed.
106.6. Building service equipment. Building service equipment regulated by the
technical codes shall not be connected to the fuel or power supply, or water or
sewer systems until authorized by the building official. The requirements of this chapter shall not be
considered as prohibiting the operation of building service equipment installed
to replace existing building service equipment serving an occupied portion of
the building provided an inspection of such building service equipment has been
completed and approved for use.
106.7. Inspection agencies. The building official is authorized to accept
reports of approved inspection agencies, provided such agencies satisfy the
requirements as to qualifications and reliability.
106.8. Inspection requests. It shall be the duty of the holder of the
permit or the authorized agent to notify the building official when work is
ready for inspection. It shall be the
duty of the permit holder to provide access to and means for the inspection of
such work as required by this chapter.
The building official may require that every request for inspection be
filed at least one working day before such inspection is desired.
106.9. Approval required. Work shall not be done beyond the point
indicated in each successive inspection without first obtaining the approval of
the building official. The building
official, upon notification, shall make the requested inspections and shall
either indicate the portion of the construction that is satisfactory as
completed, or notify the permit holder or authorized representative wherein the
same fails to comply with this chapter or the technical codes. Any portions that do not comply shall be
corrected and shall not be covered or concealed until authorized by the
building official. There shall be a
final inspection and approval of all construction when the work is completed
and prior to any occupancy or use.
106.10. Connection to utilities. No person shall make connections from a
utility, source of energy, fuel or power to any building or building service
equipment, regulated by the technical codes for which a permit is required by
this chapter, until approved by the building official.
The building official may authorize the temporary connection
of the building service equipment to the utility source of energy, fuel or
power for construction power, testing of building service equipment or for use
under a temporary certificate of occupancy.
(Ord. No. 2005.89,
12-1-05; Ord. No. 2007.32, 6-28-07)
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.
(Ord. No. 2005.89,
12-1-05; Ord. No. 2007.32, 6-28-07)
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
development services 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 financial services manager 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.
(Ord. No. 2005.89,
12-1-05)
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.
(Ord. No. 2005.89,
12-1-05)
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 are
qualified by experience and training to pass upon matters pertaining to the
technical provisions of the
building codes. For purposes of
this division, the technical provisions shall mean all provisions of the
building codes except the administrative provisions.
One member shall be an
architect, registered in the state; one member shall be a structural engineer
registered in the state; one member shall be a building contractor; one member
shall be a home builder; and one member shall be a representative of the fire
department or a fire protection consultant.
The development services manager or a designated employee of the
development services department shall be an ex officio and non-voting member
and shall act as secretary to the board.
110.3.2.
Electrical code advisory board of appeals. There shall be and is hereby
created an electrical code advisory board of appeals, consisting of seven (7)
members who are qualified by experience and training to pass upon matters
pertaining to the technical provisions of the electrical code. For purposes of this division, the technical
provisions shall mean all provisions of the electrical code except the
administrative provisions.
One member shall be an
architect registered in the state; one member shall be an electrical engineer
registered in the state; one member shall be an electrical contractor; one
member shall be a representative of an electrical utility; one member shall be
a representative of the city fire department or a fire protection consultant;
one member shall be an electrician, actively engaged in electrical wiring; one
member shall be a maintenance electrician who holds a valid certificate of
registration issued by the city. The
development services manager or a designated employee of the development
services department shall be an ex officio and nonvoting member and shall act
as secretary to the board.
110.3.3. Plumbing
and mechanical code advisory board of appeals. There shall be and is hereby created a plumbing and mechanical code
advisory board of appeals, consisting of five (5) members who are qualified by
experience and training to pass upon matters pertaining to the technical
provisions of the plumbing and mechanical codes. For purposes of this division, the technical
provisions shall mean all provisions of said codes except the administrative provisions.
One member shall be an
architect, registered in the state; one member shall be a mechanical engineer,
registered in the state; one member shall be a plumber or plumbing contractor;
one member shall be a mechanical contractor; and one member shall be a doctor
or health official. The development
services manager or a designated employee of the development services
department shall be an ex officio and nonvoting member and shall act as
secretary to the board.
110.4.
Appointment, terms and vacancies. Appointments and terms of members shall be in
accordance with article VI of the charter.
In the event of the unexcused absence of a member from three (3)
consecutive meetings, the position shall be deemed vacant. Vacancies shall be filled in accordance with
article VI of the charter for the unexpired term of any member unable or
ineligible to serve. A member whose term
expires may serve until a successor has been appointed. The city council may remove any member for
cause.
110.5. Officers. The board shall elect
a chairman and vice-chairman from among its members, neither of whom shall be
an ex officio member. The chairman and
vice-chairman shall each serve for a one-year period or until their successors
are elected.
110.6. Meetings. The board shall hold
one regular meeting every three (3) months when there is pending business. Special meetings may be called by the
development services manager or at the request of the chairman or any three (3)
members. The affirmative vote of three
(3) members shall be required for passage of any matter before the board.
110.7. Powers,
duties, responsibilities.
1. The board, on request or on its own motion, may interpret the
technical provisions of the building code in special cases when it appears that
the provisions of the code are inadequate and do not cover the point in
question, and may recommend to the city council such new legislation as is
consistent therewith.
2. The board may grant a variance to the technical provisions of
the building code when it can be established that a manifest injustice would be
done. A variance shall not be granted by
the board unless it is found that:
a. Special circumstances or conditions apply
to the request; and
b. Granting the variance is necessary for the
preservation and enjoyment of substantial property rights; and
c. Granting the variance will not be
materially detrimental to persons residing or working in the premises, to
adjacent or surrounding property or to the public in general; and
d. Granting the variance will be in harmony
with the purposes sought to be attained by the building code.
Each case shall be
evaluated on its individual merits and shall not be construed to set a
precedent for deviating from the requirements of the building code. The
findings of the board shall be binding upon all parties except as provided
under Section 110.9.
3. The board may approve the use of the alternate materials or
methods of construction, provided the alternate materials or method is, for the
purpose intended, at least the equivalent of that prescribed by the building
code in suitability, strength, effectiveness, fire resistance, durability,
safety and sanitation.
4. The board may adopt such rules and regulations necessary for
the discharge of its duties, provided said rules are not in conflict with the
charter or this code.
5. The board is empowered to call upon the city attorney's office
for legal counsel and upon any other office or board to aid and assist the
board in its deliberations.
110.8. Appeal from
decision of the development services manager.
1. Any person dissatisfied with a decision of the development
services manager applying to the technical provisions of the building code or
to an alternate material or method of construction may request a hearing before
the board by filing an appeal with the development services manager on a form
provided therefore. Such appeal shall be
heard at the next regular meeting of the board unless such appeal is filed
within twenty-one (21) days preceding the next regular board meeting, in which
case such appeal shall be heard at the next succeeding regular or special board
meeting.
2. All hearings shall be open to the public and any person whose
interest may be affected by the decision shall be given an opportunity to be
heard.
3. The board shall render all its decisions on appeals in writing
to the appellant with a copy to the development services manager.
110.9. Appeal from
decision of the board.
1. If the board's decision is not concurred with by the appellant
or the development services manager, the appellant or the development services
manager may then appeal the decision to the city council within twenty-one (21)
days after the board's submission of such decision to the appellant and development
services manager. The appeal shall be in
writing and shall be filed with the city clerk.
2. The city council's decision on the matter shall be predicated
on the same findings as set forth in Section 110.7 and shall be final.
110.10. Appeal filing,
fees.
1. Appeals shall be filed in the office of the development
services department on a form provided therefore. A fee shall be paid at the time of filing of
an appeal, in accordance with the schedule established by city council (Tempe
City Code Appendix A).
2. No part of the fees required herein shall be refundable after
an application is filed and the fee paid.
(Ord. No. 2005.89, 12-1-05)
Sec. 8-111. Fees.
111.1. Payment of fees. A permit shall not be issued nor considered
valid until the applicable fees established by the City of Tempe in Tables 1-A
or 2-A (see Appendix A) have been paid, nor shall an amendment to a permit be
released until the additional fee, if any, has been paid.
111.2. Schedule of permit fees. On buildings, structures, electrical, gas,
mechanical, plumbing, and fire systems or alterations thereto requiring a
permit, a fee for each permit shall be paid as required in accordance with the
schedule as established by the City of
111.3. Building permit valuation. The applicant for a permit shall provide an
estimated construction valuation at the time of initial application. Construction valuations shall include total
value of the proposed work, including materials and labor, for which the permit
is being issued, such as finish work, painting, roofing, electrical, gas,
mechanical, plumbing equipment, heating, air-conditioning, elevators, fire
extinguishing systems, other permanent systems/equipment, grading, landscaping,
and other site related improvements. The
final building permit valuation shall be the greater of the applicant’s
declared valuation or the valuation calculated by using the department’s
building valuation data, except that the building official or designee may set
the final building permit valuation when deemed necessary.
Building permits issued for mechanical, electrical, and/or
plumbing work are based on the greater of the applicant’s declared valuation or
the department’s mechanical, electrical, and plumbing valuation data, except
that the building official or designee may set the final building permit
valuation when appropriate.
111.4. Plan
review fees. When
submittal documents are required by Section 105.1, a plan review fee shall be
paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be sixty-five
percent (65%) of the building permit fee as shown in Table 1‑A (see
Appendix A).
The plan review fees
specified in this subsection are separate fees from the permit fees specified
in Section 111.3 and are in addition to the permit fees.
When submittal documents
are incomplete or changed so as to require additional plan review, an
additional plan review fee shall be charged at the rate shown in Table 2-A (See
Appendix A).
The plan review fees pay for the initial plan review and two
(2) subsequent re-submittals for the same project. If more than three (3) plan reviews are
required, or if the permit application shall expire by time limitation, additional
fees may be assessed for each plan review status meeting and for subsequent
plan reviews as determined appropriate by the building official in accordance
with Tables 1-A and 2-A (see Appendix A).
At the time of permit issuance, additional plan review fees for any
increase in valuation shall be assessed in conjunction with, and as a condition
of, permit issuance.
111.4.1.
Expedited plan review. Expedited plan review fees shall be equal to
the amount of the plan review fees required by this section. Expedited plan review fees are separate from
the plan review and permit fees required by this section and are in addition to
those fees.
111.5. Investigation fees. Any person who commences work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to an investigation fee established by the
building official that shall be in addition to the required permit fees. The investigation fee shall be equal to the
permit fee required by this chapter. The
payment of such investigation fee shall not exempt an applicant from compliance
with all other provisions of this chapter and the technical codes. An investigation fee shall be collected
whether or not a permit is then or subsequently issued.
111.6. Fee
refunds. The
building official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected.
The building official may
authorize the refunding of that portion of the permit fee in excess of a
minimum valuation permit fee when no inspection has been done for which a
permit has been issued in accordance with this code.
The building official may
authorize the refunding of that portion of the plan review fee in excess of a
minimum valuation permit fee when the application for a permit for which a plan
review fee has been paid is withdrawn or canceled before any plan reviewing is
done.
The building official shall
not authorize the refunding of any fee paid except upon written request filed
by the original applicant not later than one hundred eighty (180) days after
the date of fee payment.
111.7. Residential fee rebates. Building
permit and plan review fees for improvements to single family residences may be
rebated to the applicant upon successful completion of the project. This includes, but is not limited to, all
additions, alterations, and improvements for such items as swimming pools,
patio covers, building additions, landscaping, plumbing, mechanical, and
electrical improvements. To qualify for
the rebate, projects must be permitted after June 30, 2007 and must be
completed and obtain their final inspection approval within one year of permit
issuance.
(Ord. No.
2005.89, 12-1-05; Ord. No. 2007.32, 6-28-07; Ord. No. 2007.81, 12-13-07)
Sec. 8-112. Suite/unit number assignment.
112.1. Scope.
The provisions of this section shall serve as the regulations for the
assignment of suite and unit numbers on all multi-occupancy buildings within
the City of
112.2. Intent.
The purpose of this section is to establish a consistent method for the
assignment of suite and unit numbers.
These requirements are intended to aid fire fighters and other emergency
responders, provide for efficient access to property records and information,
ensure conformance to the standards of the U.S. Postal Service, and our utility
companies.
112.3. General address assignments. The
engineering division of public works is responsible for the assignment of new
street names, addresses, and building identification letters. New developments will be initially processed
under the address assigned for each undeveloped parcel. The engineering division will subsequently
assign the final address or addresses while the project plans are under review.
The building safety division is
responsible for the assignment of the individual suite/unit numbers.
Once assigned, all building addresses
and suite/unit numbers shall be forwarded by the engineering division to the
development services department, U.S. Postal Service,
The actual size, color, and field
placement of addresses, suite, and unit numbers shall be as specified in the
Zoning and Development Code.
112.4. Suite number assignments. All
unit spaces within multi-occupant buildings will be assigned individual
suite/unit numbers. Separate street
addresses shall not be assigned to multiple tenants in a single building.
In order to initiate this process the
project must submit a separate site plan including the building layouts to the
development services department for suite/unit number assignment. This submittal shall consist of two (2)
copies of a properly scaled site plan at least twenty-four (24) inches x
thirty-six (36) inches in size, depicting the site, building layouts, parking
lots, building orientations, driveway locations, building exits, elevators,
lobbies, and corridors. Proposed tenant
layout plans may also be submitted with the required site plan to assist in the
proper assignment of suite numbers.
All suite/unit numbers shall be
assigned prior to permit issuance for any tenant improvements.
112.4.1. Tenant space layout. Retail and office buildings will be
assigned a separate suite number for each twenty (20) foot increment of space
along the length of the building.
Buildings that have tenant entrances on two (2) or more sides will be
assigned suite numbers on the entry sides of the building for each twenty (20)
foot increment of space. Reference lines
will be drawn on the plan in to represent the twenty (20) foot spacing. The reference lines shall determine the suite
number a tenant improvement may use based on its proposed location within the
building.
EXCEPTIONS:
1. Mixed use buildings such as office/warehouse and similar mixed
uses may be divided into increments of up to forty (40) feet.
2. Apartments, condominiums, and hotels/motels will be assigned a
unit number for each unit.
3. Townhouses without the availability of individual addresses
will be assigned a unit number for each unit.
The suite numbers assigned to these
spaces represent the possible number of spaces that the building may be divided
into and are not meant to represent the actual tenant space layouts.
If a proposed tenant improvement
encompasses multiple spaces, the tenant may choose any suite number within the
range of suite numbers that the space will occupy.
112.4.2. Numbering.
Suite/unit numbers are assigned as three (3) digit numbers. The first digit in the suite number will
represent the floor level of the suite/unit.
EXCEPTION: Four (4) digit suite/unit numbers will be
used for floors above the ninth floor, and for multifamily residential
condominiums and apartments.
Duplicate unit numbers will not be used
within multifamily projects, even if the project has more than one address or
street entry. Projects containing
multiple street addresses (areas) and containing a letter designation for each
building, will have unit numbers assigned sequentially throughout the
project. When numbering sequentially
from one area to another, each new area will commence its numbering with the
next 100 series left off from the previous area.
112.4.2.1. Exterior tenant entrances. For buildings with exterior tenant
entrances, the suite numbering will commence from the left front of the
building, as viewed from the street used in the building address, beginning
with 101 and continuing clockwise sequentially to the right.
EXCEPTIONS