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HomeMy WebLinkAboutORD1101ORDINANCE NO.1101 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA,REPEALING APACHE JUNCTION CITY CODE,CHAPTER 7 BUILDING,PERTAINING TO BUILDING CODES AND CONSTRUCTION STANDARDS;AND ADOPTING BY REFERENCE NEW CHAPTER 7 BUILDING,OF THE APACHE JUNCTION CITY CODE. PERTAINING TO BUILDING CODES AND CONSTRUCTION STANDARDS: ADOPTING CERTAIN CODES BY REFERENCE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY:AND PROVIDING FOR PENALTIES. WHEREAS,Arizona Revised Statutes Annotated (hereinafter -A.R.S.")§9-276(14) allows cities and their governing bodies to prescribe the thickness,strength and manner of constructing stone,brick and other buildings;and WHEREAS,A.R.S.§9-276(15)allows cities and their governing bodies by ordinance,to prescribe special fire limits,within general fire limits, requiring therein building material to be used and additional precautions to be observed in the construction of new buildings.and in the repairing and maintenance of buildings,as may from time to time be designated for the prevention of fires and the spread thereof;and WHEREAS,A.R.S.§9-276(16)allows cities and their governing bodies to define nuisances and to abate them:and WHEREAS,A.R.S.§9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions as long as the adopting ordinance is published in full and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection;and WHEREAS.Chapter 7 Building,of the Apache Junction City Code,was amended in October 1991 by Ordinance No.806.wherein the Mayor and City Council adopted more current versions of certain health,safety and welfare uniform codes such as the Uniform Building Code,1991 Edition.Uniform Building Code Standards, 1991 Edition,Uniform Fire Code 1991 Edition.Uniform Fire Code Standards, 1991 Edition,National Electric Code,1990 Edition,Uniform Plumbing Code, 1991 Edition,Uniform Mechanical Code,1991 Edition,Uniform Code for the ORDINANCE NO.1101 PAGE 1 OF 3 Abatement of Dangerous Buildings,1991 Edition,and the Uniform Sign Code. 1991 Edition:and WHEREAS,pursuant to A.R.S.§§9-801(1)and 9-802,codes which may be adopted by reference include a compilation of rules or regulations prepared by a technical trade association,and includes but is not limited to any building, plumbing,electrical wiring,health or sanitation,fire prevention, inflammable liquids code,or any other code which embraces rules and regulations pertinent to a subject which is a proper subject of municipal legislation:and WHEREAS,since the 1991 amendment,the codes listed above have been rewritten by their respective technical trade associations to more currently reflect modern technological advances and societal tolerances:and WHEREAS,portions of current uniform codes are not applicable or appropriate for the community of Apache Junction:and WHEREAS.City staff has determined that for administrative efficiency,i t is more appropriate to update the uniform codes with their respective current editions by repealing Chapter 7,Building,and replacing i t in its entirety with a new Chapter 7,Building:and WHEREAS.City staff has presented these amendments to the City Council at several work sessions over the course of approximately twelve (12)months. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the existing Apache Junction City Code.Chapter 7,Building,is hereby repealed:and that certain document known as "The Apache Junction City Code, Chapter 7,Building,"three copies of which are on file in the office of the City Clerk,which document was made a public record by Resolution No.99-52 of the City of Apache Junction,is hereby referred to,adopted and made a part hereof as if fully set out in this ordinance,pursuant to A.R.S.§9-802. ORDINANCE NO.1101 PAGE 2 OF 3 SECTION I I REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the codes adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.THIS 17TH DAY OF OCTOBER 2000. SIGNED AND ATTESTED TO THIS 17TH DAY OF OCTOBER DOUGLAS C Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /0-06 -00 RICHARD J.STERN City Attorney ORDINANCE NO.1101 PAGE 3 OF 3 LEMAN ,2000. CHAPTER 7 BUILDING Article 7-1 BUILDING CODES AND CONSTRUCTION STANDARDS 7-1-1 Conformity with the Apache Junction City Code,Volume 11, Land Development Code.Chapter 1 Zoning Ordinance 7-1-2 Building Code Amendments 7-1-3 Building Code Standards 7-1-4 Fire Code 7-1-5 Fire Code Standards 7-1-6 Electrical Code 7-1-7 Plumbing Code 7-1-8 Mechanical Code 7-1-9 Dangerous Building Code 7-1-10 Excavation and Grading 7-1-11 Mobile/Manufactured Home Standards 7-1-12 Uniform Sign Code 7-1-13 Uniform Administrative Code for the Provisions of the National Electric Code 7-1-14 "Arizonans with Disability Act"and its Implementing Rules, and "American with Disabilities Act Accessibility Guidelines for Buildings and Facilities" Section 7-1-1 Conformity with the Apache Junction City Code,Volume 11. Land Development Code.Chapter I Zoning Ordinance In addition to the provisions contained in this chapter,all construction shall conform to the Apache Junction City Code,Volume 11,Land Development Code,Chapter 1 Zoning Ordinance Sec.7-1-2 Building Code:Amendments A.That certain publication entitled "Uniform Building Code,1997 Edition."Volume 1 and 2.which was declared a public record by Resolution No.99-52,including the generic fire -resistive assemblies listed in the Fire Resistance Design Manual,15th edition,published by the Gypsum Association as referenced in table Nos.7A.7B,and 7C. of the specified Uniform Building Code,save and except Chapter 1 (Table I -A)Building Permit Fees shall be 80%of the listed fees:1991 ADOPTED BY ORDINANCE NO.1101 PAGE 1OF 38 fees remain for remodeling of at least three year old single family residences by an owner/occupant up to ten thousand dollars ($10,000) value:room additions are considered new construction and subject to the 1997 fee schedule;water heater replacement and reroofing are no fee permits,and except Chapter 11 Accessibility;including Appendices Chapter 34 Division I .Chapter 3 Division III,save and except section 332;including amended Chapter 33 as provided in Section 7-1-10 is hereby adopted by reference as the "Building Code of the City of Apache Junction.Arizona"and made a part of this chapter the same as though said publication was specifically set forth in full herein. B.Section 2109.9 of the Uniform Building Code is amended as follows, UNBURNED CLAY MASONRY (a).General.The use of unreinforced masonry of unburned clay units shall be limited to buildings of Group R Division 3 and Group U occupancies of no more than one (1)story in height,unless design and structural calculations are submitted by a registered architect or engineer and approved by the building official. (b).Walls.The height of every laterally unsupported wall of unburned clay units shall be not more than ten (10)times the thickness of such walls.Exterior walls,which are laterally supported with those supports located no more than twenty-four (24)feet apart,are allowed a minimum thickness of sixteen (16)inches.Interior walls are allowed a minimum. Thickness of twelve inches (12").Designed walls may be a minimum thickness of ten inches provided the h/t ratio of ten (10)is maintained. (c).Compressive Strength.The unit(s)shall have an average compressive strength of three hundred (300)pounds per square inch when tested in accordance with ASTM.C67.One sample out of five may have a compressive strength of not less than two hundred -fifty (250)pounds per square inch. (d).Modulus of Rupture.The unit shall average fifty (50)pounds per square inch in modulus of rupture when tested according to the following procedure: 1.A cured unit shall be laid over (cylindrical)supports two inches (2") in diameter,located two inches (2")from each end,and extending across the full width of the unit. ADOPTED BY ORDINANCE NO.1101 PAGE 2OF 38 2.A cylinder two inches (2")in diameter shall be laid midway between and parallel to the supports. 3.Load shall be applied to the cylinder at the rate of five hundred (500) pounds per minute until rupture occurs. 4.The modulus of rupture is equal to 3WL/28d2 W = Load of rupture L = Distance between supports B = Width of brick d = Thickness of brick (e).Soil.The soil used shall contain not less than twenty-five (25) percent and not more than forty-five (45)percent of material passing a No. 200 -mesh sieve.The soil shall contain sufficient clay to bind the particles together and shall not contain more than 0.2 percent of water soluble salts. (f).Classes of Adobe. (1)Treated Adobes.The term "H treated"is defined to mean adobes made of soil to which certain admixtures are added in the manufacturing process in order to limit the adobe's water absorption in order for i t to comply with paragraph (o)below.Exterior walls constructed of treated adobe require no additional protection.Stucco is not required. (2)Untreated Adobes.Untreated adobes are adobes,which do not meet the water absorption specifications of paragraph (o)below.This shall hold even i f some water absorption protective agent has been added.The determination as to whether an adobe is treated or untreated is to test for compliance with paragraph (o)below.Exterior walls of untreated adobe are allowed but must comply with paragraph (o)requiring Portland cement plaster applied to the outside.Use of untreated adobes is prohibited within four inches (4")above the finished floor grade,unless an approved vapor barrier is used between wall and stem.Treated adobes may be used for the first four inches above finished floor grade,without a vapor barrier. (3)Other Types of Adobe.This chapter applies to construction with all types of adobe including rammed earth and poured earth adobe.The types of ADOPTED BY ORDINANCE NO.1101 PAGE 3 OF 38 adobe shall meet the specifications in this chapter or similar specifications which are approved by the Building Official. (g).Mortar:Where treated adobe is required mortar shall be treated or may be Type M or S.Where adobes are allowed to be untreated any adobe mortar may be used and/or Type M.S or N. Mortar "bedding"joints shall be full SLUSH type,with partially open "head"joints allowable if surface is to be plastered.All joints shall be bonded (overlapped)a minimum of four inches (4"). (h).Sampling.Each of the tests prescribed in this Section shall be applied to five sample units selected at random from each 5.000 bricks to be used. (i).Moisture Content.The moisture content of the unit shall be not more than four (4)percent by weight. (j).Absorption.A dried four inch (4")cube cut from a sample unit shall absorb not more than two and one-half percent moisture by weight when placed upon a constantly water saturated porous surface for seven (7)days. (k).Shrinkage Cracks.No units shall contain more than three shrinkage cracks,and no shrinkage crack shall exceed two inches (2")in length or one -eighth inch (1/8")in width. (1).Use.No adobe shall be laid in the wall for at least three (3)weeks after making,dependent on weather conditions. (C.Foundations.Adobes shall not be used for foundation or basement Walls.All adobe walls,except as noted under Group M buildings,shall have a continuous concrete footing at least eight inches (8")thick and not less than two inches (2")wider on each side than the foundation stem walls above.All foundation walls which support adobe units shall extend to an elevation not less than eight inches (8")above the finished grade. Foundation walls shall be at least as thick as the exterior as specified in Section 2105.3.2.Where stem wall insulation is used,a variance is allowed for the stem wall width to be two inches (2")smaller than the width of the adobe wall i t supports. ADOPTED BY ORDINANCE NO.1101 PAGE 4OF 38 (n).Bond Beam.All exterior adobe walls shall have a continuous concrete bond beam with a minimum width of ten inches (10")and a minimum depth of ten inches (10").All concrete bond beams shall be reinforced with a minimum of two (2)No.4 reinforcing rods. (0).Plastering.All untreated adobe shall have all exterior walls plastered on the outside with Portland cement plaster,minimum thickness three -fourths inches (3/4")in accordance with Chapter 25.Protective coatings other than plaster are allowed,provided such coating is equivalent to Portland cement in protecting the untreated adobes against deterioration and/or loss of strength due to water.Metal wire mesh minimum 20 gauge by one inch (1")opening shall be securely attached to the exterior adobe wall surface by nails or staples with minimum penetration of one and one-half inches (1 1/2").Such mesh fasteners shall have a maximum spacing of sixteen inches (16")from each other.All exposed wood surfaces in adobe walls shall be treated with an approved wood preservative before the application of wire mesh. (p).Piers.A minimum twenty-eight inch (28")wall section shall be required between openings and openings shall not be placed within twenty- eight inches (28")of exterior corners. (q).Partitions of Wood.Shall be constructed as specified in Chapter 23. wood partitions shall be nailed to nailing blocks laid up in the adobe wall or bolted through the adobe wall the height of the partition,with one-half inch (1/2")DIAMETER bolts twenty-four inch (24")on center with large washers or plates,or other approved methods. (r).Wood Lintels.Wood lintels designed to support all imposed loads are permitted up to a maximum span of six feet (6')and shall have a minimum twelve inch (12")bearing. (s).Alternate methods to those provided in this Section 2105.3.2 may be approved pursuant to Section 104.2.8 of the Uniform Building Code. (t).Stresses.All masonry of unburned clay units shall be so constructed that the unit stresses do not exceed those set forth in Table No.21-M. Bolt values shall not exceed those set forth in Table No.21-Q. ADOPTED BY ORDINANCE NO.1101 PAGE 5OF 38 C.Section 204 is amended by adding the following definition: CARPORT is a building or portion thereof which is entirely open on two or more sides which is primarily designed for the storage and keeping of motor vehicles. D.Section 1922 is amended by deleting in its entirety the exception for the use of plain concrete for footings of Group R.Division 3 Occupancies constructed in accordance with Section 2320. E.Section 1806.1 is amended by adding the following sentence at the end of the first paragraph: Foundations shall be reinforced by a minimum of two #4 continuous deformed reinforcing steel bars. F.Appendix Chapter 31,Division III of the Uniform Building Code,1997 edition,is adopted with the following modification to Section 3116: Patio covers,carports and storage rooms in RV parks and subdivisions may be detached or attached to the buildings,manufactured housing or recreational vehicles as accessories to Group 4:Group R Division 3: or to a single dwelling unit in Group R Division 1 Occupancies.Patio covers shall be used only for recreational,outdoor living purposes, and not as habitable rooms. G.Section 106.1 of the Uniform Building Code,1997 edition,is modified as follows: Recreational vehicles and their non -habitable accessory structures when located in a recreational vehicle park which has entered into a contract with the city for self -regulation. H.Section 3103 of the Uniform Building Code,1997 edition,is modified as follows: Moved Buildings and Temporary Buildings.Buildings and structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. Exceptions:Awnings or other structures which are accessory to park models or recreational vehicles may be moved and reassembled to the ADOPTED BY ORDINANCE NO.1101 PAGE 60F 38 standards in effect during initial construction,but in no case less than 10 pounds per square feet design load. I.Subject to the criteria set forth below,the manager or designee thereof.may waive all or part of any building permit,development and/or grading fees which are imposed on any person,currently in effect or enacted in the future,for the construction of any structure in the corporate limits of the city: 1.Incorporation of greater community access into the design and construction of new schools: 2.Use of multi -purpose rooms such as cafeterias,libraries and playing fields by the general public:and 3.Allowing the construction of extra rooms and facilities on school sites where such construction is financed and owned by the city for community use. Sec.7-1-3 Building Code Standards That certain publication entitled "Uniform Building Code,1997 Edition", Volume 3,which was declared a public record by Resolution No.99-52,is hereby adopted by reference as the "Building Code Standards of the City of Apache Junction"and made a part of this chapter the same as though said publication was specifically set forth in full herein. Sec.7-1-4 Fire Code That certain publication entitled "Uniform Fire Code,1997 Edition", Volume I.which was declared a public record by Resolution No.99-52,is hereby adopted by reference as the "Fire Code of the City of Apache Junction"and made a part of this chapter the same as though said publication was specifically set forth in full herein. Sec.7-1-5 Fire Code Standards That certain publication entitled "Uniform Fire Code Volume 2,1997 Edition",which was declared a public record by Resolution No.99-52,is hereby adopted by reference as the "Fire Code Standards of the City of ADOPTED BY ORDINANCE NO.1101 PAGE 7 OF 38 Apache Junction"and made a part of this chapter the same as though said publication was specifically set forth in full herein. Sec.7-1-6 Electrical Code That certain publication entitled "National Electrical Code,1999 Edition", which was declared a public record by Resolution 99-52.Is hereby adopted by reference as the "Electrical Code of the City of Apache Junction"and made a part of this chapter the same as though said publication was specifically set forth in full herein. Sec.7-1-7 Plumbing Code That certain publication entitled "Uniform Plumbing Code,1994 Edition", which was declared a public record by Resolution No.99-52,is hereby adopted by reference as the "Plumbing Code of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifically set forth in full herein. Sec.7-1-8 Mechanical Code That certain publication entitled 'Uniform Mechanical Code,1997 Edition", including appendices A,B.C.D,which was declared a public record by Resolution No.99-52,is hereby adopted by reference as the "Mechanical Code of the City of Apache Junction"and made a part of this chapter the same as though said publication was specifically set forth in full herein. Sec.7-1-9 Dangerous Building Code That certain publication entitled "Uniform Code for the Abatement of Dangerous Buildings,1997 Edition",which was declared a public record by Resolution No.99-52,is hereby adopted by reference as the "Dangerous Building Code of the City of Apache Junction"and made a part of this chapter the same as though said publication was specifically set forth in full herein. Sec.7-1-10 Excavation and Grading 1997 Uniform Building Code,Appendix Chapter 33,EXCAVATION AND GRADING,amended to read as follows: ADOPTED BY ORDINANCE NO.1101 PAGE 8OF 38 SECTION 3304-PURPOSE The purpose of this appendix is to safeguard life,limb,property and the public welfare by regulating grading on private property within the jurisdictional boundaries of the City of Apache Junction. SECTION 3305-SCOPE This appendix sets forth rules and regulations to control clearing,grubbing, excavation,grading and earthwork construction,including fills and embankments: establishes the administrative procedure for issuance of permits:and provides for approval of plans and inspection of grading construction.The standards listed below are recognized standards (see Sections 3503 and 3504). 1.Testing. 1.1.ASTM D 1557,Moisture -density Relations of Soils and Soil Aggregate Mixtures 1.2.ASTM D 1556.In Place Density of Soils by the Sand Cone Method 1.3.ASTM D 2137,In Place Density of Soils by the Rubber Balloon Method 1.4 ASTM D 2937,In place Density of Soils by the Drive Cylinder Method 1.5 ASTM D 2922 and D 3017,In Place Moisture Contact and Density of Soils by Nuclear Methods SECTION 3306-PERMITS REQUIRED 3306.1 Permits Required.Except as specified in Section 3306.2 of this section, no person shall do any clearing,grubbing.excavation,or grading without first having obtained a grading permit from the Building Official or designee. 3306.2 Exempted Work.A grading permit is not required for the following: 1.When approved by the Building Official or designee,grading and/or excavation that does not pose any danger to private or public property. 2.An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by valid building permit.This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm)after the completion of such structure. ADOPTED BY ORDINANCE NO.1101 PAGE 9 OF 38 3.Cemetery graves. 4.Refuse disposal sites controlled by other regulations. 5.Excavations for wells or tunnels or utilities. 6.Mining,quarrying,excavating,processing or stockpiling of rock,sand, gravel,aggregate or clay where established and provided for by law,provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent contiguous property. 7.Exploratory excavations under the direction of soil engineers or engineering geologists. 8.An excavation that:(1)is less than 2 feet (610 mm)in depth and less than 50 cubic yards in volume.(2)or not create a cut slope greater than 5 feet (1524 mm)in height and steeper than 1 unit vertical in 1 units horizontal (66.7 % slope).(3)or does not obstruct a drainage course. 9.A fill less than 1 foot (305 mm)in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20%slope),or less than 3 feet (914 mm)in depth,not intended to support structures,that does not exceed 50 cubic yards (38.3 m3)on any one lot and does not obstruct a drainage course. Exemption from the 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 any other laws or ordinances of the City of Apache Junction,Arizona. SECTION 3307-HAZARDS Whenever the Building Official or designee determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb,or endangers property,or adversely affects the safety,use or stability of a public way or drainage channel,the owner of the property upon which the excavation or fill is located,or other person or agent in control of said property,upon receipt of notice in writing from the Building Official or designee,shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code. ADOPTED BY ORDINANCE NO.1101 PAGE 100F 38 SECTION 3308-DEFINITIONS For the purpose of this appendix,the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mean that the proposed work or completed work conforms to this chapter in the opinion of the Building Official or designee. AS -GRADED is the extent of surface conditions on completion of grading. BEDROCK is in -place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off -site location for use in grading on a site. BUILDING OFFICIAL OR DESIGNEE is the officer or other designated authority charged with the administration and enforcement of this code,or the Building Official's duly authorized representative. CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works. CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation,design and construction of civil works. CLEARING AND GRUBBING is the cutting down of trees:bushes,cactus and the digging and removal of their roots and stumps. COMPACTION is the densification of a fill by mechanical means. EARTH MATERIAL is any rock,natural soil or fill any combination thereof. ENGINEERING GEOLOGIST is a geologist experienced and knowledgeable in engineering geology. ADOPTED BY ORDINANCE NO.1101 PAGE 110F 38 ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface as a result of the movement of wind,water or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GEOTECHNICAL ENGINEER.See "Soils Engineer." GRADE is the vertical location of the ground surface.Existing Grade is the grade prior to grading.Finish Grade is the final grade of the site that conforms to the approved plan.Rough Grade is the stage at which the grade approximately conforms to the approved plan. GRADING is any excavating or filling or combination thereof. KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer,soils engineer or engineering geologist.Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. SITE is any lot or parcel of land or contiguous combination thereof,under the same ownership,where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL is naturally occurring superficial deposits overlying bedrock. SOILS ENGINEER (GEOTECHNICAL ENGINEER)is an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical)engineering. SOIL ENGINEERING (GEOTECHNICAL ENGINEERING)is the application of the principles of soils mechanics in the investigation,evaluation and design of civil works ADOPTED BY ORDINANCE NO.1101 PAGE 120F 38 involving the use of earth materials and the inspection or testing of the construction thereof. TERRACE is a relatively level step constructed in the face of a grade,with a sloped surface for drainage and maintenance purposes. SECTION 3309-GRADING PERMIT REQUIREMENTS 3309.1 Permits Required.Except as exempted in Section 3306 of this code,no person shall do any grading,clearing and grubbing without first obtaining a grading permit from the Building Official or designee.A separate permit shall be obtained for each site,and may cover both excavations and fills. Grading permits must be part of site development where a building permit application is filed. 3309.2 Application.To obtain a permit,the applicant shall first file an application therefor in writing on a form furnished by the enforcement agency for that purpose (1)The application shall state the estimated quantities of work involved.(2)Identify and describe the work to be covered by the permit for which application is made.(3)Describe the land on which 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.(4)Be accompanied by plans,diagrams,computations and specifications and other data as required in section and required by the Building Official.(5)Be signed by the applicant,or the applicants authorized agent. 3309.3 Grading Designation.Grading in excess of 1.000 cubic yards (3825 m 3 ) shall be performed in accordance with approved grading plan prepared by a civil engineer,and shall be designated as "engineered grading."Grading involving less than 1,000 cubic yards (3825 m3)shall be designated "regular grading"unless the permittee chooses to have the grading performed as engineered grading,or the building official determines that special conditions or unusual hazards exist,in which case grading shall conform to the requirements for engineered grading. 3309.4 Engineered Grading Requirements.Applications for a grading permit shall be accompanied by two sets of plans and specifications,and supporting data consisting of a soils engineering report,drainage report,and engineering geology report.The plans and specifications shall be prepared and signed by and individual licensed by the state to prepare such plans or specifications when required by the Building Official or designee. ADOPTED BY ORDINANCE NO.1101 PAGE 130F 38 Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to provisions of this code and all relevant laws,ordinances,rules and regulations.The first sheet of each set of plans shall give location of the work,the name and address of the owner,and the person by whom they were prepared. The Plans shall include the following information: 1.General vicinity of the proposed site. 2.Property limits and accurate contours of existing ground and details of terrain and area drainage. 3.Limiting dimensions,elevations or finish contours to be achieved by the grading,and proposed drainage channels and related construction. 4.Detailed plans of all surface and subsurface drainage devices,walls, cribbing,dams and other protective devices to be constructed with,or as a part of,the proposed work,together with a map showing the drainage area and the estimated runoff of the area served by any drainage. 5.Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4572mm)of the property or that may be affected by the proposed grading operations. 6.Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications.When approved by the Building Official or designee,specific recommendations contained in the soils engineering report and the engineering geology report,which are applicable to grading.may be included by reference. 7.The dates of the soils engineering and engineering geology reports together with the names,addresses and phone numbers of the firms or individuals who prepared the reports. 3309.5 Soils Engineering Report.The soils engineering report required by Section 3309.4 shall include data regarding the nature,distribution and strength of existing soils,conclusions and recommendations for grading procedures and ADOPTED BY ORDINANCE NO.1101 PAGE 140F 38 design criteria for corrective measures,including buttress fills,when necessary.and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors,including the stability of slopes. 3309.6 Engineering Geology Report.The engineering geology report required by Section 3309.4 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development,and opinion on the adequacy for the intended use of sites to be developed by the proposed grading,as affected by geologic factors. Drainage Report.Engineered grading submittals must include a drainage report to demonstrate,at a minimum,that the required retention volume is provided and that off -site drainage flows are adequately conveyed through the site and sagely discharged downstream.(See the City of Apache Junction Engineering Guidelines for retention and drainage requirements). NOTE:A more detailed drainage report may be required to address on -site drainage as part of the improvement plan submittal process. 3309.8 Regular Grading Requirements.Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work.The plans shall give the location of the work,the name of the owner and the name of the person who prepared the plan.The plan shall include the following information: 1.General vicinity of the proposed site. 2.Limiting dimensions and depth of cut and fill. 3.Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 40 feet of the proposed grading. 4.Location and size of any (wash or washes). 3309.9 Protection of utilities.The developer shall be responsible for the prevention of damage to any public utilities or services. 3309.10 Protection of adjacent property.The person doing or causing grading is responsible for the prevention of damage to adjacent property.No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street,sidewalk,alley or other public or private property, without supporting and protecting such property from any damage that might result. ADOPTED BY ORDINANCE NO.1101 PAGE 150F 38 3309.11 Tracking of dirt onto public streets.The developer shall provide for the adequate cleaning of equipment to prevent the tracking of dirt and debris into or onto the public right -of way. 3309.12 Revegetation.The loss of trees,shrubs,cacti,ground cover,and topsoil shall be minimized on any and all grading projects.In addition to mechanical methods of erosion control,graded areas shall be protected to the extent practical from damage by erosion by planting trees,shrubs,ground cover or an approved revegetation seed mix approved by the City of Apache Junction Parks and Recreation Department.Such plantings shall provide for rapid,short- term coverage of the slopes as well as long-term permanent coverage.A plan by a licensed landscape architect may be required. 3309.13 Off -site Drainage flows.I t shall be a violation of this Code for any person to block or hinder the flow of existing flows that enter a site.The engineered and regular grading submittals shall both demonstrate that adequate conveyance is provided for all such flows.The Building Official or designee may require detailed and hydrologic and or hydraulic calculations to demonstrate compliance with the requirement. 3309.14 Wildlife Habitat.The dislocation of wildlife shall be minimized on any and all grading and excavation projects.Areas to be graded or excavated shall first be inventoried to determine potential impact on wildlife and provide mitigation measures in accordance with the requirements of the City of Apache Junction. 3309.15 Issuance.The provisions of Section 106.4 are applicable to grading permits.The Building Official or designee may require that grading operations and project designs be modified i f delays occur which incur weather -generated problems not considered at the time the permit was issued. The Building Official or designee may require professional inspection and testing by the soils engineer.When the Building Official has cause to believe that geologic factors may be involved,the grading will be required to conform to engineered grading. ADOPTED BY ORDINANCE NO.1101 PAGE 160F 38 hot be absent from board's regular meetings for more than three consecutive times without a reasonable excuse.After the absence of three consecutive meetings,the remaining members of the board shall vote to retain or recommend to the council that the absentee member be relieved of his duties on the board. Sec.7-3-8 Duties A.The board shall hear appeals regarding interpretation of the construction codes identified in this chapter.Such decisions shall be binding on the Building Official. B.The board may be asked to make recommendations regarding changes to the construction codes,adoption of new codes or procedures necessary to enforce the construction codes. C.The board shall hear appeals in accordance with the provisions of the Uniform Code for the Abatement of Dangerous Buildings. ADOPTED BY ORDINANCE NO.1101 PAGE 300F 38 Article 7-4 REQUIREMENTS FOR SWIMMING POOL ENCLOSURES 7-4-1 Enclosures Required 7-4-2 Exceptions 7-4-3 Assignment of Responsibility;Limitations on Removal 7-4-4 Barrier Details 7-4-5 Gate Requirements 7-4-6 Door Requirements 7-4-7 Window Requirements 7-4-8 Safety Covers Section 7-4-1 Enclosures Required A.Every swimming pool shall be completely enclosed by a permanent fence. wall or barrier intended to restrict access to the swimming pool from public property,from adjacent private property and directly from all dwelling units or guest rooms located on the same premises as the swimming pool.For purposes of this section.the term "swimming pool' means any structure intended for swimming,diving or recreational bathing which contains water eighteen inches or more in depth at any point,including temporary.portable or permanent swimming pools,hot tubs or spas,whether located indoors,outdoors,in -ground,on grade or above grade. B.The swimming pool enclosure and barrier detail requirements of this section apply to all new swimming pools installed on or after February 14,1991 and to all additions,alterations,repairs or replacements made to existing swimming pool enclosures.All swimming pools installed prior to February 14,1991 shall be completely enclosed as required in this section on or before February 14,1992. Sec.7-4-2 Exceptions A.Existing swimming pools located on single family residential property on or before February 14,1991 need not be retroactively fitted with a barrier between the dwelling and the pool provided all occupants of the dwelling are at least six years of age or older.All other portions of the swimming pool enclosure shall be installed and maintained as required in this section. ADOPTED BY ORDINANCE NO.1101 PAGE 310F 38 1.This exception does not eliminate an owner's responsibility for providing a temporary barrier or otherwise physically restricting visiting children's direct access from the dwelling to the swimming pool. 2.This exception shall expire and the required permanent barrier shall be retroactively installed between the dwelling and the swimming pool whenever one or more children under six years of age become occupants of the property. B.Above ground swimming pools which have non -climbable sides not less than forty-eight inches high above the adjacent ground level may be located on single family residential property without requiring a fence or barrier between the pool and the dwelling provided any steps or ladder are either removable without the use of tools,or are designed to be secured in an inaccessible position with a lock or latch located not less than fifty-four inches above the adjacent ground level. Sec.7-4-3 Assignment of Responsibility-.Limitations on Removal I t shall be the responsibility of the property owner and any other person in responsible charge of a swimming pool to ensure that the required swimming pool enclosure including all gates,doors,locks,latches and other portions of the barrier are maintained safe and in good working order at all times.No person shall alter or remove any portion of a swimming pool enclosure except to repair,reconstruct or replace the enclosure in compliance with the provisions of this article. Sec.7-4-4 Barrier Details A.Swimming pool barriers shall be a fence,a wall,a building wall or a combination thereof which completely surrounds the swimming pool.The pool side of the barrier shall be not less than twenty inches from the water's edge.The top of the barrier,including all gates and doors therein,shall be not less than five feet above the floor or underlying ground,measured on the exterior side of the enclosure. B.Exception:Barrier fences or walls not less than four feet in height which existed on or before February 14.1991 may be used for that portion of the required swimming pool enclosure which separates a ADOPTED BY ORDINANCE NO.1101 PAGE 320F 38 swimming pool from dwellings located on the same premises as the pool, provided such barrier is kept in repair and is otherwise maintained in compliance with all other provisions of this section. C.There shall be no openings,holes or gaps in a swimming pool barrier large enough for a sphere four inches in diameter to pass through.A barrier fence or wall shall have no handholds,footholds or horizontal members accessible from the exterior side of the enclosure.Horizontal members of fences shall be spaced no less than forty-five inches apart measured vertically or shall be placed on the pool side of a fence which has no opening greater than one and three quarter inches (1 3/4") measured horizontally.Wire mesh or chain link fences shall have a maximum mesh size of one and three quarter inches (1 3/4")measured horizontally. Sec.7-4-5 Gate Requirements A.All gates in a swimming pool barrier shall be equipped to accommodate a locking device.All pedestrian access gates shall be self -closing and self -latching.All pedestrian access gates installed after February 14,1991 shall open outwards away from the pool.Gates other than pedestrian access gates need not be self -closing or self -latching when they are kept secured by a padlock or similar locking device. B.Gate latches shall be located not less than fifty-four inches above the underlying ground or shall otherwise be made inaccessible from the outside to small children. Sec.7-4-6 Door Requirements All doors leading from a dwelling unit or guest room directly into a swimming pool enclosure shall be self -closing and self -latching and shall be equipped with a locking device.When a simple latch is used,the release mechanism for the latch,or a secondary locking device,shall be located not less than fifty-four inches above the floor.A locking -latch which uses a key,electronic opener or integral combination lock may be located at any height on the door.Sliding doors shall not form part of a required barrier unless the self -closing and self -latching mechanism is specifically approved by the building official for this purpose. Sec.7-4-7 Window Requirements ADOPTED BY ORDINANCE NO.1101 PAGE 330F 38 Emergency escape or rescue windows from sleeping rooms which face within a swimming pool enclosure shall be equipped with a latching device located not less than fifty-four inches above the floor.All other openable dwelling unit or guest room windows facing within a swimming pool enclosure shall be equipped with a screwed in place wire mesh screen,a keyed -lock that prevents opening the window more than four inches or a latching device located not less than fifty-four inches above the floor. Sec.7-4-8 Safety Covers A safety cover which complies with ASTM ES -13-89 shall be deemed to meet all barrier requirements of this article for any spa or hot tub which is not more than eight feet width at any point.A key -operated,motorized safety cover which complies with ASTM ES -13-89 may be used to meet the requirements of this article for a barrier between a single family dwelling and a swimming pool accessory to that dwelling provided all other portions of the swimming pool enclosure are installed and maintained as required herein.The key pool cover switch shall be located not less than fifty-four inches above the floor adjacent ground level and where the entire pool can be visually inspected during cooperation. ADOPTED BY ORDINANCE NO.1101 PAGE 340F 38 Article 7-5 BUILDING SECURITY STANDARDS 7-5-1 Purpose 7-5-2 Scope 7-5-3 Limitations 7-5-4 Alternate Security Provisions 7-5-5 Exterior Swinging Doors 7-5-6 Exterior Sliding Doors 7-5-7 Windows 7-5-8 Garage Doors 7-5-9 Attic Access Doors Section 7-5-1 Purpose The purpose of this article is to establish minimum standards to make dwelling units resistant to unlawful entry. Sec.7-5-2 Scope The provisions of this article shall apply to openings into dwelling units within Group Division 1 Occupancies and Group R.Division 3 Occupancies and to openings between attached garages and dwelling units.Door openings into attached garages shall be in accordance with the provisions of this article. Sec.7-5-3 Limitations The requirements of this article are not intended to prevent egress,and no security device shall be installed in 9 manner which would prevent proper egress through doors and windows as specified in Chapters 3 and 10 of the Uniform Building Code. Sec.7-5-4 Alternate Security Provisions The provisions of this article are not intended to prevent the use of any device,hardware or method of construction not specifically prescribed in this article,when such alternates provide equivalent security and are approved by the Building Official. Sec.7-5-5 Exterior Swinging Doors ADOPTED BY ORDINANCE NO.1101 PAGE 350F 38 A.All main or front entry doors shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door.Such view may be provided by a door viewer having a field of view of not less than 180 degrees or through windows. B.Swinging doors shall conform to one of the following types of construction: 1.Wood flush -type door one and three quarters inches thick minimum. 2.Wood panel -type door one and three quarters inches thick minimum with all panels fabricated from material not less than three -eighths inch in thickness:provided all shaped portions of the panels are not less than one -quarter inch thick. 3.Ferrous metal doors of solid or hollow core construction with surfaces not less than 24 gauge in thickness. 4.Other metal doors with surfaces not less than the equivalent of 16 gauge sheet metal (0.06 inch)in thickness. 5.Glass insert doors shall be metal skinned or solid core in the non- glazed portion. C.A swinging door,the active leaf of a pair of doors and the bottom leaf of a Dutch door shall be equipped with a deadbolt lock.Such locks shall: 1 . Have a minimum one inch bolt throw and embed a minimum five -eighths inch into the holding device receiving the projected bolt throw:and 2.Have a wrench resistant collar:and 3.Have fasteners which thread into the cylinder body:and 4.Be able to be opened from the inside without any special knowledge or the use of a key. D.The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall have deadbolts at top and bottom which embed a minimum one-half ADOPTED BY ORDINANCE NO.1101 PAGE 360F 38 inch into the device receiving the projected bolt when not prohibited by Chapter 10 of the Uniform Building Code. E.The strike plate receiving projection deadbolts in wood construction shall be fastened to the jambs with not less than two No.8 by two inch wood screws,or when attached to metal jambs,shall be attached with not less than two No.8 machine screws.In wood frame construction,an open space between trimmers and wood doorjambs shall be shimmed solid not less than six inches above and below the strike plate. F.When hinges are exposed to the exterior,at least one of three required hinges shall be equipped with non -removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins.In wood construction,an open space between trimmers and wood door jambs shall be shimmed solid extending not less than six inches above and below the hinge. Sec.7-5-6 Exterior Sliding Doors All exterior sliding doors shall be so equipped to prohibit the raising, sliding or removal of the sliding section from the track while in the closed and locked position.The stationary section shall not be removable from the outside.Sliding doors shall be provided with an auxiliary or additional locking device not reachable from the exterior and able to be opened from the inside without the use of a key or special knowledge. Sec.7-5-7 Windows Exterior windows shall be constructed and installed to prohibit raising. sliding or removal of the sliding section while in the closed and locked position.A passive window panel shall have weather strip molding or glazing which is not easily removed from the outside to prevent removal of the window glass.An auxiliary lock shall be installed on all sliding windows to allow the window to be locked in a partially open,ventilating position.Any locking device used on windows in a sleeping room shall be able to be opened from the inside without the use of a key or special knowledge. ADOPTED BY ORDINANCE NO.1101 PAGE 370F 38 Sec.7-5-8 Garage Doors All garage doors not equipped with a power operated mechanism shall be equipped with at least two locking devices of the following types: A.Throw bolt or flush bolt. B.Cylinder type lock. C.Padlock and hasp. All garage doors shall be capable of being unlocked and opened from inside the garage without the use of electrical power. Sec.7-5-9 Attic Access Doors Access doors to attic spaces shall be located in the interior of the dwelling unit or within a secured room or garage. ADOPTED BY ORDINANCE NO.1101 PAGE 380F 38