HomeMy WebLinkAboutORD1475ORDINANCE NO. 1475
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME I,CHAPTER 7:BUILDINGS,BY
REPEALING AND REPLACING IN ITS ENTIRETY ALL ARTICLES
UNDER CHAPTER 7 AND ADOPTING BY REFERENCE THAT CERTAIN
DOCUMENT ENTITLED "2019 AMENDMENTS TO APACHE JUNCTION
CITY CODE, VOL.I,CHAPTER 7:BUILDINGS";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. § 9-240(7) allows cities and towns to regulate
the construction of chimneys, furnaces and fireplaces; and 4
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 in full text as long as the
adopting ordinance is published in full text and at least three
paper copies or one paper copy and one electronic copy of the code
or public record are filed in the office of the city clerk of the
municipality and are made available for public use and inspection;
and
WHEREAS,Chapter 7 Buildings,of the Apache Junction City
Code, was amended in October 2000 by Ordinance No. 1101, wherein
the mayor and city council adopted more current versions of certain
health, safety and welfare uniform codes; and
ORDINANCE NO. 1475
PAGE 1 OF 4
WHEREAS,Chapter 7 Buildings,of the Apache Junction City
Code, Vol. I, was amended in September 2006 by Ordinance No. 1273,
wherein the mayor and city council adopted more current versions
of certain health,safety and welfare uniform and international
codes; 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,
flammable 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 2006 amendment, many of 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 standard uniform and
international codes are not applicable or appropriate for the
community of Apache Junction and need to be specifically tailored
to meet the actual need; and
WHEREAS,City staff has determined that for administrative
efficiency,it is more appropriate to update the uniform and
international codes by repealing Chapter 7,Buildings,in its
entirety, and replacing it with an updated version to include all
applicable articles; and
WHEREAS,City staff presented these amendments to the city
council at multiple council meetings (March 19,2019, April 15,
2019, May 6, 2019, May 20, 2019 and June 3, 2019).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1.That the existing Apache Junction City Code, Vol. I, Chapter
7,Buildings,is hereby repealed in its entirety and is
replaced with new provisions.
ORDINANCE NO. 1475
PAGE 2 OF 4
2.That certain document known as "2019 Amendments to Apache
Junction City Code, Chapter 7,Buildings",at least three
paper copies or one paper copy and one electronic copy of
which are accessible on the city's website and filed in the
office of the city clerk, which document was made a public
record by Resolution No.19-14 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.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All other 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
If any section,subsection,sentence, phrase, clause or portion
of this ordinance,or any part of the codes or regulations
adopted herein by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decisions shall not affect the validity of the
remaining portions thereof.
SECTION IV PROVIDING FOR PENALTIES
Any violation of any provision of this ordinance,or any
provisions adopted herein,shall be punishable as a class 1
misdemeanor consistent with Apache Junction City Code,Vol.I,
Chapter 1:GENERAL,Article 1-1:General,Section 1-1-11.
PASSED AND ADOPTED BY THE MAYOR ND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS K DAY OF ta_n-, 2019.
SIGNED AND ATTESTED TO THIS DAY OF , 2019.
JEFFVOERDY 6/
Mayor
ORDINANCE NO. 1475
PAGE 3 OF 4
ATTEST:
Alizt ,
C.1,TTILEE CONELL
;4— (-1 -1,
APPROVED AS TO FORM:
R. JOEL STERN
City Attorney
ORDINANCE NO. 1475
PAGE 4 OF 4
Adopted "Clean" version of the ordinance
06/19/2019
2019 Amendments to Apache Junction City Code, Volume I
Chapter 7:Buildings
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CHAPTER 7 BUILDINGS
Article
7-1.DIVISION OF BUILDING SAFETY AND INSPECTION ADMINISTRATIVE CODE
7-2.BUILDING CODE
7-3.ACCESSIBILITY CODE
7-4.RESIDENTIAL CODE
7-5.ELECTRICAL CODE
7-6.PLUMBING CODE
7-7.MECHANICAL CODE
7-8.FUEL GAS CODE
7-9.FIRE CODE
7-10.EXISTING BUILDING CODE
7-11.COMMERCIAL AND LOW-RISE MULTI -FAMILY ENERGY CODE
7-12.SWIMMING POOL AND SPA CODE
ARTICLE 7-1: APACHE JUNCTION DIVISION OF BUILDING SAFETY AND INSPECTION
ADMINISTRATIVE CODE
Section:
7-1-1:Conformity with the Apache Junction City Code, Volume II.Land Development Code,
Chapter 1 Zoning Ordinance
7-1-2:General
7-1-3 Applicability
7-1-4:Administration and Enforcement
7-1-5:Construction Board of Appeals
7-1-6:Permits
7-1-7:Inspections
7-1-8:Certificates
7-1-9:Unsafe Building and Unsafe Property
7-1-10 Penalties
7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and
Recreational Vehicle Standards
7-1-12 Standard for Fireplaces, Wood Stoves and Other Solid Fuel Burning Devices
§ 7-1-1:CONFORMITY WITH THE APACHE JUNCTION CITY CODE, VOLUME II.
LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE.
In addition to the provisions contained in this chapter, all construction shall conform to the Apache
Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance.
§ 7-1-2 GENERAL.
(A)Title.These regulations shall be known as the "Apache Junction Division of Building Safety and
Inspection Administrative Code," may be cited as such, and will be referred to herein after, as "this
Chapter."
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(B)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 Apache Junction, Arizona. The intent of the Technical Codes is to establish
the minimum requirements to safeguard the public health,safety,and general welfare of the
occupants of new and existing buildings and structures through structural strength, means of egress
facilities, stability, sanitation, adequate light and ventilation, energy conservation, safety to life and
property from fire and other hazards attributed to the built environment and to provide safety to
firefighters and emergency responders during emergency operations.
(C)Technical Codes.The basis for the codes adopted under this chapter were developed and published
by a variety of national organizations. All referenced codes and referenced standards, listed or noted
in the adopted codes, are adopted and applicable as prescribed in the respective Articles.
The following codes make up what will be referred to hereinafter as the "Apache Junction Technical
Codes" or the "Technical Codes". The associated published codes shall be deemed and interpreted to
mean the specific Apache Junction Technical Code as listed below (the publisher is noted in
parenthesis after the model code name):
1.Building Code-the currently adopted version of the International Building Code (International
Code Council "ICC").
2.Accessibility Code - The following statutes, regulations, and documents are adopted by reference
as part of the city Building Code:
a.Americans With Disabilities Act —42 U. S. C. Sections 12101 through 12213, 47 U. S. C.
Sections 225 and 611 and the ADA Amendments Act of 2008 (P.L.110-325;122
Stat.3553).
b.Arizonans with Disabilities Act (Arizona Revised Statutes, Title 41, Chapter 9, Article 8),
as amended and its implementing rules, as amended (Arizona Administrative Code, Title
10, Chapter 3, Article 4).
c.ICC 117.1-2017 Standard, "Accessible and Usable Buildings and Facilities," as published
by the International Code Council.
d."2010 ADA Standards for Accessible Design,"as published by the United States
Department of Justice, Civil Rights Division,
i.Public entities, appendices B and D to 36 CFR 1191 (2009) and 28 CFR part
35.151 (2011)
ii.Places of public accommodation and commercial facilities, appendices B and D
to 36 CFR 1191(2009) and 28 CFR 36.401 through 36.406 (2011).
3.Residential Code-the currently adopted version of the International Residential Code for One
and Two Family Dwellings (ICC).
4.Electrical Code-the currently adopted version of the National Electrical Code (National Fire
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Protection Association "NFPA")
5.Plumbing Code-the currently adopted version of the International Plumbing Code (ICC)
6.Mechanical Code-the currently adopted version of the International Mechanical Code (ICC).
7.Fuel Gas Code-the currently adopted version of the International Fuel Gas Code (ICC).
8.Fire Code-the currently adopted version of the International Fire Code (ICC).
9.Existing Building Code-the currently adopted version of the International Existing Building
Code (ICC).
10.Commercial and Low -Rise Multi -Family Energy Code-the currently adopted version of the
International Energy Conservation Code, (Commercial and Residential- both sections adopted)
(ICC).
11.Swimming Pool and Spa Code-the currently adopted version of the International Swimming
Pool and Spa Code (ICC).
(D)The application of the Technical Codes shall be as follows:
1.Building Code.The provisions of the Building Code shall apply to the construction, alteration,
relocation,enlargement,replacement,repair,equipment,use and occupancy,location,
maintenance, removal, and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures, except those buildings and structures
covered by the Residential Code.(See Article 7-2).
2.Accessibility Code.The provisions of Accessibility Code shall apply to new construction of
public entity buildings and the new construction and alteration of public accommodation and
commercial facilities so that buildings and facilities are readily accessible and usable by
individuals with disabilities.(See Article 7-3).
3.Residential Code.The provisions of the 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 attached
single-family dwellings meeting the requirements for townhouses,not more than three (3)
stories above grade plane in height with separate means of egress, and their accessory structures.
These provisions apply to building service equipment, connection to utilities, additions and
accessory structures of park models. The Residential Code covers all components of a house,
townhouse and related accessory structures, including but not limited to structural, energy,
mechanical, electrical, plumbing and fuel gas components.(See Article 7-4).
4.Electrical Code.The provisions of the Electrical Code shall apply to the installation and removal
of electrical conductors, equipment, and raceways; signaling and communications conductors,
equipment, and raceways;and optical fiber cables and raceways; the design, construction,
installation,alteration,repairs,relocation,replacement, addition to,use or maintenance of
electrical systems, equipment, appliances, fixtures, fittings, and appurtenances.(See to Article
7-5).
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5.Plumbing Code.The provisions of the Plumbing Code shall apply to commercial and industrial
occupancies and cover the installation, alteration, repair, relocation, replacement, addition to,
use and/or and maintenance of plumbing systems,including non-flammable medical gas,
inhalation anesthetic, vacuum piping, nonmedical oxygen systems, and sanitary and condensate
vacuum collection systems, roof top drainage systems, and equipment, appliances, fixtures,
fittings, and appurtenances connected to a water or sewage system.(See Article 7-6).
6.Mechanical Code.The provisions of the Mechanical Code shall apply to the design, installation,
maintenance, alteration, repair, and replacement of mechanical systems that are permanently
installed and utilized to provide control of environmental conditions and related processes. The
code regulates appliances, appliance venting, indoor air quality, duct and ventilation systems,
exhaust systems,combustion air provisions,boilers,water heaters and pressure vessels,
refrigeration, hydronic systems, fuel oil piping and storage, and solar thermal systems.(See
Article 7-7).
7.Fuel Gas Code.The provisions of the Fuel Gas Code shall apply to the installation of fuel -gas
piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories. These
requirements cover natural gas piping systems with an operating pressure of 125 pounds per
square inch gauge ("psig") or less, and for LP -gas with an operating pressure of 20 psig or less
extending from the point of delivery to the outlet of the appliance shutoff valves, and the
installation, connection to the pipe outlet,and operation of commercial and industrial gas
appliances and related accessories.(See Article 7-8).
8.Fire Code.Both the City of Apache Junction and the Superstition Fire and Medical District
("SFMD")adopt a Fire Code.In order to properly and effectively address all the code
requirements for new commercial and industrial construction, and work on existing buildings,
the fire code must be adopted by the City of Apache Junction, as it contains complementary
requirements to the Building Code. Both the City of Apache Junction and the SFMD may
address similar issues in plan reviews for commercial and industrial projects. If a conflict arises,
the City and SFMD will confer and provide a common interpretation. The Fire Code applies to
regulations affecting or relating to structures, processes, premises and safeguards regarding 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 matters related to the construction, extension, repair, alteration, or
removal of fire suppression and/or alarm systems.(See Article 7-9).
9.Existing Building Code.The provisions of the Existing Building Code may be applied to legally
existing buildings proposed to undergo repair, alteration, addition, relocation, and/or a change
of occupancy. The intent of the Existing Building Code is to provide flexibility to permit the use
of alternative approaches to achieve compliance with minimum requirements to safeguard the
public health, safety and welfare insofar as they are affected by the repair, alteration, addition,
relocation and/or change of occupancy of an existing building.
Approval by the Building and Safety Manager must be obtained prior to the use of the provisions
of the Existing Building for a building, or portion of a building,
•that has not been previously occupied,
•has not been used for its intended purpose, or
•for which a Certificate of Occupancy has not been issued.
(See Article 7-10).
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/O.Commercial and Low -Rise Multi -Family Energy Code.The provisions of the Commercial and
Low -Rise Multi -Family Energy Code [Commercial Provisions] apply to commercial buildings
and the buildings'sites and associated systems and equipment to regulate the design and
construction of buildings for the effective use and conservation of energy over the useful life of
the building.The provisions of the Commercial and Low -Rise Multifamily Energy Code
[Multi -Family Residential] apply to Group R-2, and R-4, three (3) stories and less in height, R-
3 four (4) stories in height, and the buildings' sites and associated systems and equipment to
regulate the design and construction of buildings for the effective use and conservation of energy
over the useful life of the building, the energy efficiency of building thermal envelopes and
installation of energy efficient mechanical, lighting and power systems.(See Commercial and
Low -Rise Multi -Family Energy Code, Article 7-11).
11.Swimming Pool and Spa Code-The provisions of the Swimming Pool and Spa Code shall apply
to the construction, alteration, movement, renovation, replacement, repair and maintenance of
aquatic recreation facilities, pools and spas. The pools, spas and aquatic recreation facilities
covered by this code are either permanent or temporary, and shall only be those that are designed
or manufactured to be connected to a circulation system and that are intended for swimming,
bathing or wading.(See Article 7-12).
(E)Appendices.Provisions in the appendices of the Technical Codes shall not apply unless specifically
adopted.
(F)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.
ADDENDA:Changes to the released plans, or related construction documents, which impact the
architectural plans, structural plans, trade plans or the design basis of a structure and are submitted
after the issuance of the permit.
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.
BUILDING AND SAFETY MANAGER: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, chief
inspector, code enforcement officer, code official, gas official, plumbing official, mechanical official,
responsible official, or other similar designation is used in this Chapter or in any of the Technical
Codes, it shall be construed to mean the Building and Safety Manager.
BUILDING SERVICE EQUIPMENT:The plumbing,mechanical,electrical,fuel -gas,and
elevator equipment including piping, wiring, fixtures, and other accessories which provide sanitation,
power, lighting, heating, ventilation, cooling, refrigeration and/or fire suppression essential to the
occupancy of the building or structure for its designated use.
JURISDICTION:The official power to make legal and administrative decisions, which for the
purposes of this Chapter is the City of Apache Junction, Arizona.
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MAINTAINED:Kept in appropriate condition and operation based on its original function; showing
no signs of deterioration, alteration or failure.
OWNER:The person,individual,firm,corporation,company,partnership,joint venture,
association, estate, trust, receiver, organization or other legal entity, with legal title or equitable
interest in a property.
PERMIT:The official document issued electronically or hard copy by the Building and Safety
Manager authorizing performance of a specified, legal activity.
REVISIONS:Changes to the plans or related construction documents, that are not made to resolve
plan review issues, and which impact the architectural plans, structural plans, trade plans or the design
basis of a structure and are submitted prior to the issuance of the permit.
SHALL:As used in this Chapter and the Technical Codes "is mandatory."
SHELL BUILDING:A permitted commercial building or portion thereof, that when completed,
cannot qualify for a certificate of occupancy. The shell includes the building thermal envelope, which
must be completed under the shell building permit.
TENANT IMPROVEMENT:Work performed by or on behalf of a tenant to complete a shell space,
or in a completed building, or space within a building, that has previously received a Certificate of
Completion or a Certificate of Occupancy.
§ 7-1-3 APPLICABILITY
§ 7-1-3 Applicability
(A)Effective Date. This Chapter and the Technical Codes shall apply to, and shall govern, permit
applications received and accepted by the Building and Safety Manager 30 days after Ordinance No.
1475 amending Apache Junction City Code, Volume I, Chapter 7: Buildings is signed by the mayor
and made available to the public.
(B)Conflicting Provisions.When conflicting provisions or requirements occur between this Chapter, the
Technical Codes, and other codes or laws, the most restrictive shall govern. When conflicts occur
between the Technical Codes, those provisions providing the greater safety to life as determined by
the Building and Safety Manager 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.
(C)Other Laws.The provisions of this Chapter and the Technical Codes shall not be deemed to nullify
any provisions of the Apache Junction City Code, state, or federal laws.
(D)Application of References.References to article or section numbers, or to provisions not specifically
identified by number, shall be construed to refer to such article, section, or provision of this Chapter
or the Technical Codes.
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(E)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.
(F)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.
(G)Additions, Alterations, and Repairs.Provided the existing building and building service equipment
have been properly maintained, and any alterations have been done with appropriate permits and
inspections- 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. The addition, alteration, or repair shall
conform to the requirements for a new building or building service equipment and shall not overload
or render unsafe existing conditions or equipment.(See Existing Building Code).
(H)Existing Installations.Building service equipment lawfully in existence, and properly maintained, at
the time of the adoption of the Technical Codes may have its use, maintenance or repair continued if
the use, maintenance or repair, is in accordance with the original design and a hazard to life, health
or property has not been created by such building service equipment.
(I)
(J)
Existing Occupancy.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,the building or structure and the building service
equipment are properly maintained and unaltered or altered and approved under permit and
inspection, as determined by the Building and Safety Manager. Issuance of the applicable Certificate
of Occupancy for commercial or a Certificate of Completion for residential establishes an existing
occupancy.
Maintenance.Buildings, structures, and building service equipment, existing and new, and parts
thereof shall be maintained in a safe and sanitary condition. Building service equipment shall be
maintained to function as originally installed or in a safer or more code compliant fashion. 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 and Safety Manager may cause a structure or building
service equipment to be re -inspected.
(K)Moved or Relocated 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, or as specified by the Building and
Safety Manager.
(L)Temporary Structures.The Building and Safety Manager is authorized to issue a permit for temporary
structures and temporary uses. Such permits must be limited as to time of service, and cannot exceed
one hundred eighty (180) calendar days. The Building and Safety Manager is authorized to grant
extensions for demonstrated good cause. Temporary buildings or structures shall be completely
removed upon the expiration of the time limit stated in the permit.
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(A)Mixed Occupancies.Where a building contains both residential and commercial occupancies, each
occupancy shall be separately considered and meet the applicable provisions of Commercial and
Low -Rise Multi -Family Energy Code and the Residential Code or Building Code.
(N)Low Energy Use Buildings.The following buildings,or portions thereof,separated from the
remainder of the building by "building thermal envelope assemblies" complying with the Commercial
and Low -Rise Multi -Family Energy Code shall be exempt from the thermal building envelope
provisions of the Commercial and Low -Rise Multi -Family Energy Code:
1.Those with a peak design rate of energy usage less than 3.4 BTU/H-FT 2 (10.7 W/M 2) or 1.0
WATT/FT 2 (10.7 W/M 2) of floor area for space conditioning purposes.
2.Those that do not contain conditioned space. (Permanent installation of an evaporative cooler
does not create conditioned space.)
(0)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 and Safety Manager, provided:
I.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 and Safety Manager.
Any building or structure that is listed in the State or National Register of Historic Places;is
designated as a historic property or under local or state designation law or survey; is certified as a
contributing resource with a national register listed or locally designated historic district or with an
opinion or certification that the property is eligible to be listed on the National or State Registers of
Historic Places either individually or as a contributing building to a historic district by the State
Historic Preservation Officer or the keeper of the National Register of Historic Places, is exempt from
the energy code.
(P)Appeals.Orders, decisions, or determinations made by the Building and Safety Manager and his or
her designee may, within thirty (30) calendar days of the receipt of the notice of the decision, be
appealed to the Construction Board of Appeals, in accordance with § 7-1-5 of this Chapter.
§ 7-1-4 ADMINISTRATION AND ENFORCEMENT.
(A)Duties and Powers.The Building and Safety Manager is hereby authorized and directed to enforce
the provisions of this Chapter and Technical Codes. The Building and Safety Manager 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.
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(B)Deputies.In accordance with any applicable City procedures, and with the concurrence of the
Development Services Director, the Building and Safety Manager shall have the authority to appoint
deputy building and safety managers,permit technicians,technical officers,inspectors,plan
examiners, and other employees. Such employees shall have powers as delegated by the Building and
Safety Manager.
(C)Applications and Permits.The Building and Safety Manager shall receive applications,review
construction documents, and issue permits for the erection, and alteration, demolition, and moving of
buildings and structures, inspect the premises where such permits have been issued, and enforce
compliance with the provisions of this Chapter and the Technical Codes. The Building and Safety
Manager shall issue all necessary notices or orders to ensure compliance with this Chapter and the
Technical Codes.
(D)Inspections.The Building and Safety Manager shall cause all required inspections to be made and
the Building and Safety Manager shall have the authority to accept reports of inspection by approved
agencies or individuals. Results of inspections by the division of building safety and inspection will
be communicated to the designated person either digitally or in writing. Inspections done by approved
agencies or individuals will be certified by a responsible officer of such approved agency or by the
responsible individual and submitted digitally to the Building and Safety Manager. The Building and
Safety Manager is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the Development Services Director.
(E)Identification.The division of building safety and inspection personnel shall carry proper
identification when inspecting structures or premises or otherwise in the performance of duties under
this Chapter or the Technical Codes.
(F)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 and Safety Manager 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
and Safety Manager 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 and Safety Manager 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 and Safety Manager shall have recourse to the remedies
provided by law to secure entry.
(G)Department Records.The Building and Safety Manager shall keep official records of applications
received, 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 record retention schedule.
(H)Approved Materials and Equipment.Materials, equipment, and devices approved by the Building and
Safety Manager shall be constructed and installed in accordance with such approval. The use of used
materials meeting the requirements of this Chapter or the Technical Codes for new materials is
permitted, subject to the approval of the Building and Safety Manager.
(I)Modifications.Wherever there are practical difficulties involved in carrying out the provisions of this
Chapter or the Technical Codes, the Building and Safety Manager shall have the authority to grant
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modifications for individual cases, upon application of the owner or owner's representative, provided
the Building and Safety Manager 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 basis for granting modifications shall be recorded and
entered in the files of the division.
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 and Safety Manager. An
alternative material, design, or method of construction may be approved where the Building and
Safety Manager 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 division. Appeals of such determinations shall be to the Construction Building Board of Appeals,
in accordance with § 7-1-5 of this Chapter.
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.
2.Tests.Whenever there is insufficient evidence of compliance with the provisions of this Chapter
or the Technical Codes, or evidence of 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 and Safety Manager 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 and Safety Manager may approve the testing
procedures. Tests shall be performed by an approved agency. Reports of such tests shall be
retained by the Building and Safety Manager for the period required in the division's approved
record retention schedule.
(K)Stop Work Orders.Whenever the Building and Safety Manager 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 and Safety Manager is
authorized to issue a stop work order.
I.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.
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.
3.Appeals.Any person aggrieved by a stop work order issued by the Building and Safety Manager
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may appeal such stop work order to the Construction Board of Appeals in accordance with § 7-
1-5 of this Chapter.
(L)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 and Safety Manager 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 and Safety Manager and make the building, structure, or portion
thereof, comply with the requirements of such codes.
(NI)
(N)
Authority to disconnect utilities.The Building and Safety Manager or authorized representative 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 and
Safety Manager 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.
Authority to declare building service equipment hazardous/unsafe.When the Building and Safety
Manager determines that building service equipment regulated in the Technical Codes has become
hazardous/unsafe to life, health, or property, or has become unsanitary, the Building and Safety
Manager 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.
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.
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 and Safety Manager shall institute
appropriate action to prevent, restrain, correct, or abate the violation.
(0)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 by the Building and Safety Manager or the use has been ordered to be
discontinued by the Building and Safety Manager until the Building and Safety Manager authorizes
the reconnection and use of such equipment.
(P)Liability.Where not in conflict with Arizona Revised Statutes Title 12, Chapter 7, Article 2, and
relevant case law the Building and Safety Manager, member of the Construction Board of Appeals,
or a city employee charged with the enforcement of this chapter, while acting for the jurisdiction in
good faith and without malice in the discharge of the duties required by "This Chapter" 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
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employee because of an act performed by that officer or employee in the lawful discharge of duties
and under the provisions of "This Chapter"shall be defended by legal representative of the
jurisdiction until the final termination of the proceedings. The Building and Safety Manager 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".
§ 7-1-5 CONSTRUCTION BOARD OF APPEALS.
(A)Board created:There shall be, and is hereby created, a Construction Board of Appeals, consisting of
five members who are qualified by experience and training to pass judgment upon matters
pertaining to building and construction. The purpose of the Construction Board of Appeals (Board)
is be to hear appeals from determinations made by the Building and Safety Manager; to provide for
reasonable interpretations of the provisions of the Technical Codes to determine the suitability of
alternate materials and methods of construction; and to recommend changes of the various building
and fire codes to the Building and Safety Manager.
(B)Membership and terms of office.The board shall consist of five members who are appointed by the
mayor and council. The terms of the board members shall be for three years and shall end on
October 31', three years thereafter or until their successors are duly appointed. Such terms shall be
so staggered that no more than three members' terms conclude in the same year. Members need not
be residents of the city. Continued absence of any member from meetings of the Board shall, at the
discretion of the council, render any such member liable for removal from office by the council.
Any member absent for three consecutive meetings without being excused shall be considered as
having vacated their appointment. Appointments to fill unexpired terms shall be made in the same
manner as the vacated member. Members of the board shall serve without pay.
The building and safety manager or designee shall serve as secretary to the board but shall have no
vote therein.
(C)Board specialties.The members of the Board shall consist of: one (1) architect or engineer licensed
by the State of Arizona; one (1) general building contractor licensed by the State of Arizona and
experienced in the construction of commercial / industrial buildings; one (1) licensed residential
homebuilder experienced in the construction of one- and two-family dwelling units; one (1)
electrical, plumbing or mechanical contractor licensed by the State of Arizona; and one (1) general
public member.
Trade related members shall have had at least five years of recent experience in their respective
trade or profession. No member shall be a current employee of the City of Apache Junction.
Members shall comply with the City of Apache Junction Code of Conduct as adopted by the
Council.
(D)Officers.The board shall annually select one of its members to serve as chair and one member to
serve as vice chair.
(E)Appeal Procedures.An appeal of a determination of the Building and Safety Manager shall be filed
within thirty (30) calendar days from the date of the determination. The written appeal shall identify
the specific code or codes, actions or determinations made by the Building and Safety Manager, the
facts that are in error and the relief sought.
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The board shall have the authority to overturn, uphold, or modify a determination of the Building
and Safety Manager. The board shall be authorized to approve an alternate material or method of
construction to that required by the Technical Codes, provided the board finds that the proposed
design is satisfactory, complies with the intent of the requirements of the Technical Codes, and the
material, method, or work to be provided meets the intended purpose and is at least the equivalent
to that prescribed in the Technical Codes in quality, strength, effectiveness, fire resistance,
durability, and safety.
Appellate hearings procedure shall be as follows:
(1)The Building and Safety Manager, as appropriate, shall brief the board on the key elements
of the appeal, including the code requirements and other pertinent information.
(2)The appellant may present their position, explaining the facts and reasons for the appeal.
(3 )Pertinent staff or other witnesses may add additional information or testimony.
(4)The board shall deliberate the case in public and shall reach a decision at the end of the
hearing and shall state the determination and factual findings on the record
(5 )The board shall place decisions and findings in writing, signed by the chair or vice chair
within five calendar days after the hearing in which the determination was made. The Building and
Safety Manager shall forward a notice of decision to the appellant by certified mail. Said notice of
decision shall state findings of fact, the determination, reasons for the decision, conditions related to
the granting of the determination as established by the board, and whether or not the appeal meets
the requirements of this chapter. The decision of the board shall be final, subject to court review
only, and shall not be appealable to the city council.
(F)Convening Meetings.The Board shall meet upon notice of the Building and Safety Manager, at the
request of the Chair or Vice Chair, within thirty (30) calendar days after the receipt by the Building
and Safety Manager of an appeal, or at stated periodic meetings. Meetings and hearings of the
Board shall be public and in the presence of a quorum. Meetings shall conform to the requirements
of the open meeting laws of the State of Arizona. Appellants and their representatives shall be given
an opportunity to be heard and may hire a legal professional to represent them.
Minutes of meetings shall be made, and after approval at a subsequent meeting, shall be signed by
the chair or vice chair and retained on file in the division.
(G)Quorum and Voting.Four members of the Board shall constitute a quorum. In varying the
application of any provision of the Technical Codes, or related codes of the city or in modifying an
order of the Building and Safety Manager, the affirmative vote of four members shall be required.
Failure to secure four concurring votes shall be deemed a confirmation of the decision of the
Building and Safety Manager.
(H)Enforcement.The Building and Safety Manager is authorized to enforce decisions of the Board or,
upon successful review, of the superior court or appellate court.
(I)Fees.The fee for each appeal to the Construction Board of Appeals shall be as set forth Article 4-4
Development Services Fees. Said fee shall be paid with the filing of the appeal and shall be
refunded only if the Building and Safety Manager determines that the appeal cannot proceed.
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§ 7-1-6 PERMITS.
(A)Permits 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 building service equipment,
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 and Safety Manager and
obtain the required permit or permits. However, governmental entities acting in their governmental
capacity, are exempt from having to obtain a permit, but may apply for one without having to pay the
required fee.
(B)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:
(1)Building Permits.A building permit shall not be required for the following:
(a)One (1) story detached enclosed accessory structures not exceeding 120 square feet in area
and not exceeding nine (9) feet in height to the midpoint of the roof, not closer than six (6)
feet to other structures and in compliance with all zoning requirements for an accessory
structure per Apache Junction City Code, Volume II,Land Development Code, Chapter 1:
Zoning Ordinance. The structure cannot be served by more than two (2) 20 amp circuits,
installed per code and cannot have any plumbing. The structure cannot contain habitable
space.
(b)An unenclosed shade structure not exceeding 200 square feet in area and not exceeding ten
(10) feet in height to the midpoint of the roof, not closer than six (6) feet to other structures
and in compliance with all zoning requirements for an accessory structure per Apache Junction
City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance. The structure
cannot be served by more than two (2) 20 amp circuits, installed per code, and cannot have
any plumbing except a mist system or a waterline, protected by an approved back flow
prevention device serving a hose -connected outlet and installed in compliance with this
Chapter.The shade structure must be constructed in compliance with manufacturer's
instructions applicable to the shade kit, per a design approved by the City of Apache Junction
Division of Building Safety and Inspection or per this Chapter.
(c)Fences or block walls not over six (6) feet (91.44 cm) in height measured at three (3) feet from
the exterior side. Fences constructed in federally patented easements (FPE's), adjacent to
public right-of-way (ROW), or across natural drainage ways require zoning review.
(d)Retaining walls which are not over four feet (4') (1,219 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 ILI-A liquids, and is not located on a public
easement.
(e)Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000)
gallons (18,925 L) and the ratio of height to diameter or width does not exceed two to one
(2:1).
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(f)Exterior concrete such as,a stoop,uncovered patio,sidewalks or driveways that is not
intended for current or future use in a structure, and is not located on a public easement. Top
of the concrete may not be more than thirty inches (30") (762 mm) above grade within three
feet of the edge of concrete.
(g)Painting, papering, floor tiling, carpeting, baseboard and similar finish work. (Tiling or floor
work in a commercial kitchen requires a permit.)
(h) Replacement of cabinets and countertops in bathrooms or other spaces where no plumbing is
relocated.
(i)Replacement of cabinets and countertops in kitchens where no plumbing,no electrical
receptacles and/or gas connections are relocated, and the kitchen is served by two 20 amp
small appliance circuits with required ground fault protection.
(j)Temporary motion picture, television, and theater stage sets and scenery.
(k)Prefabricated swimming pools accessory to detached one- (1-) and two- (2-) family dwellings,
which can contain no more than eighteen inches (18") (430 mm) of water, do not exceed five
thousand (5,000) gallons (18,925 L), and are installed entirely above ground.
(1)Shade cloth structures constructed for nursery or agricultural purposes and not including
service systems.
(m) Swings and other playground equipment accessory to detached one- (1- ) and two- (2-) family
dwellings.
(n)Window awnings supported by an exterior wall, projecting not more than fifty-four inches
(54") (1,372 mm) from the exterior wall, and not requiring additional support in detached one-
and two- family dwellings and Group U occupancies.
(o) Nonfixed and movable fixtures, cases, racks, counters, and partitions not over five feet nine
inches (5'9") (1,753 mm) in height.
(p)Decks accessory to a one and two family dwelling, manufactured home, park model, that are
not more than 200 square feet in area, that are not more than 30 inches above any grade within
36 inches measured horizontally to the deck edge, are not attached to a dwelling and do not
serve the exit door required by IRC section R311.4.
(q)In addition to items (a) through (o), the Building and Safety Manager is authorized to waive
the requirement to obtain a building permit for additional items where it is found the nature of
the work to be performed does not require a permit to obtain compliance with this Chapter,
the Technical Codes and other ordinances of the City.
(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.
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(b)Repair or replacement of fixed motors, transformers, or fixed approved appliances of the same
type and rating in the same location.
(c) Listed cord- and plug -connected temporary decorative lighting.
(d)Repair or replacement of current -carrying parts of any switch, contactor, or control device.
(e)Re-installation of attachment plug receptacles, but not the outlets therefor.
(f) Replacement of branch circuit overcurrent devices of the 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.
(1) Electrical wiring, devices, appliances, apparatus, or equipment 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.
(n) Installation, alteration, or repair of electrical wiring, apparatus, or equipment or the generation,
transmission, distribution, or metering of electrical energy or in the operation of signals or the
transmission of intelligence by a public or private utility in the exercise of its function as a serving
utility.
(o) In addition to items (a) through (n), the Building and Safety Manager is authorized to waive the
requirement to obtain an electrical permit for additional items where it is found the nature of the
work to be performed does not require a permit to obtain compliance with this Chapter, the
Technical Codes and other ordinances of the City.
(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, mechanical and fuel gas connections necessary to serve the
new appliance in one -or two-family residential homes, and manufactured homes where the venting
and combustion air are compliant with current code requirements.
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(d) Replacement of gas pool and spa heating appliances of equal or less Btu/cfh rating not located
inside a structure and not located closer than five (5) feet from a property line.
(e) In addition to items (a) through (d), the Building and Safety Manager is authorized to waive the
requirement to obtain a fuel -gas permit for additional items where it is found the nature of the
work to be performed does not require a permit to obtain compliance with this Chapter, the
Technical Codes and other ordinances of the City.
(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
Mechanical Code.
(e) Replacement of any part not altering its approval or making it unsafe.
(f) Portable evaporative cooler.
(g)Replacement of evaporative coolers affixed to a one-and two-family dwelling where the
replacement equipment is of equal or lesser airflow (cfm) and is placed in the same location as the
existing evaporative cooler.
(h) Repair or replacement in kind (equal or less cfm and amperage rating), by a licensed contractor,
of an air -conditioner unit, furnace, heat pump or packaged unit not over 5 tons (17.5 kW) of
conditioning capacity. Replacement equipment shall be in the same location and equal to or less
than the weight of that which is replaced. Repair or replacement of refrigeration systems located
inside a commercial building shall require a permit and compliance with all requirements of this
Code for the classification of refrigerant utilized in the new equipment.
(i) In addition to items (a) through 01 the Building and Safety Manager is authorized to waive the
requirement to obtain a mechanical perm it for additional items where it is found the nature of the
work to be performed does not require a permit to obtain compliance with this Chapter, the
Technical Codes and other ordinances of the City.
(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, not including defective concealed trap,
drainpipe, water, soil, waste, or vent pipe requiring removal and replacement.
(b)Clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal and
reinstallation of water closets, not including the replacement or rearrangement of valves, pipes, or
fixtures.
(c)Replacement of electric water heating appliances of equal or less amperage rating, where code
required bonding and disconnecting means are present, in one- and two-family residential, R-1,
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R-2, R-3, and R-4 occupancies, manufactured homes, and park models where the appliance serves
an individual dwelling unit.
(d)Replacement or new installation of potable water conditioning or treating appliances, in one -and
two-family residential, manufactured homes, and park models where the appliance serves an
individual dwelling unit.
(e)Replacement of evaporative coolers of equal or less cfm and amperage rating, in one- and two-
family residential and manufactured homes where the appliance serves an individual dwelling
unit.
(0 Installation of an automatic hot water circulating pump energized by means of a cord or cable
having an attachment plug end for connection to a 115 -volt receptacle in one- and two-family
residential and manufactured homes where the system serves an individual dwelling unit.
(g)Installation of private sub -meters on an existing master -metered potable water supply system.
(h)In addition to items (a) through (g), the Building and Safety Manager is authorized to waive the
requirement to obtain a plumbing permit for additional items where it is found the nature of the
work to be performed does not require a permit to obtain compliance with this Chapter, the
Technical Codes and other ordinances of the City.
(C)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.
(D)Ordinary Repairs.Application or notice to the Building and Safety Manager is not required for
ordinary repairs to structures, replacement of lamps, or the connection of approved portable electrical
equipment to approved 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.
(E)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.
(F)Temporary Structures and Uses.The Building and Safety Manager 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) calendar days. The Building and Safety
Manager 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 and
Safety Manager to ensure the public health, safety, and general welfare. The Building and Safety
Manager is authorized to terminate such permit and to order the temporary structure or use to be
discontinued.
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(G)Application for Permit.
(1)Requirements.To obtain a permit an applicant shall first make a completed application either in
writing on a form furnished by the Division of Building Safety and Inspection, or electronically via
the designated digital permitting system. A completed application, at a minimum, shall contain the
following:
(a) A parcel number as assigned by the Pinal or Maricopa County Assessor for the location where the
proposed work is to be done.
(b)An address if previously assigned by the City of Apache Junction Planning Division.
(c)The name, mailing address, phone number and email address of the current owner.
(d)The name, mailing address, phone number and email address of the applicant for the permit.
(e)The name, mailing address, phone number and email address of the contractor, architect and/or
engineer as applicable for the proposed work.
(1) A description of the proposed work to be done or proposed occupancy change.
(g)Construction documents and other information as required in Section H.
(h)Provide accurate square footages per the Units of measure defined in Vol. I, Ch. 4 § 4-4-1 (E) (5).
(i)The valuation of the proposed work.
(j) Signature of the applicant, or the applicant's authorized agent.
(k)Certification of the applicant that the documents submitted for permit are in accordance with
Apache Junction City Code requirements, including this Chapter, Chapter 4, and Volume II,
Chapter 1, and all Planning and Zoning stipulations.
(I) Other data and information as required by the Building and Safety Manager.
(2)Licensing requirement.When this chapter requires the issuance of a building permit as a condition
precedent to the construction, alteration, improvement, demolition or repair of a building, structure
or other improvement to real property as part of the application procedures, the city shall require that
each applicant for a building permit file a signed statement that the contractor is currently licensed
under the provisions of this chapter with the contractor's license number. All work performed on the
premises shall be by licensed contractor(s) and the building permit shall be issued to a General
Contractor licensed by the State of Arizona Registrar of Contractors when a building permit is
required.
Exception:
Permits for single family detached dwellings and their accessory structures may be issued to the
owner if the structure, group of structures or appurtenances, including the improvements thereto,
are intended for occupancy solely by the owner and are not intended for occupancy by members of
the public as the owner's employees or business visitors and the structures or appurtenances are not
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intended for sale or for rent. In all actions brought under this exception, proof of the sale or rent or
the offering for sale or rent of any such structure by the owner -builder within one year after final
approval or issuance of a certificate of occupancy by the city is prima facie evidence that such
project was undertaken for the purpose of sale or rent.
(3)Action on Application.The Building and Safety Manager shall examine or cause to be examined
applications for permits and submitted documents for completeness, within a reasonable time after
receiving the application. If an application is incomplete, required documents are missing, and/or the
submittal contains a readily apparent code violation the Building and Safety Manager shall place a
hold on the application and request completion of the application, provision of the missing documents
and/or correction of the noted violation(s). If a completed application with required documents is not
produced in 16 city business days, the application shall be rejected. The Building and Safety Manager
is authorized to examine or cause to be examined buildings, structures, and sites where an application
has been filed.
(4)Time Limitation of Application.An application for a permit for any proposed work shall be deemed
to have been abandoned based on the number of elapsed calendar days shown below, for that category
of permit. The elapsed time will be measured from the last contact by the Development Services
Department, or other review entity, requesting action by the applicant. The Building and Safety
Manager is authorized to grant one extension of time not exceeding the original number of days. Such
extension shall be requested in writing with justifiable cause demonstrated.
(H)
Application Expiration Time Frames
Type of Application Days to Expiration
Electrical, Mechanical/Fuel Gas, Plumbing 30 days
Park Model, Manufactured Home, Factory Built Building 45 days
l& 2 Family Residential 90 days
Commercial (Industrial)120 days
Submittal Documents.Plans, specifications, engineering calculations, diagrams, soil investigation
reports, special inspection and structural observation programs, and other data as required by the
Building and Safety Manager 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 this
Chapter. Where special conditions exist, the Building and Safety Manager is authorized to require
additional construction documents to be prepared by a registered design professional.
(1)Method of submittal.Initial application documents may be submitted on paper or digitally through
the city's designated portal or website. Unless previously arranged with the Building and Safety
Manager, no mixed media (paper and digital) submittals will be accepted.
(a) Paper documents.
(i) Residential and Trade permits- If paper is used as the medium for submittal two (2) sets
of required documents shall be provided.
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(ii) Commercial permits- If paper is used at least four (4) sets of required documents shall
be submitted- two sets are for City review, one set is for sewer review and one set is for
fire review.
(b) Digital documents.Digital documents shall be submitted in compliance with the Digital
Submittal Policy.
(2)Engineered truss plans.Engineered truss plans for floors and/or roofs shall be submitted at the time
of application for the first review.
(3)Information on Construction Documents.Construction documents shall be dimensioned and drawn
upon suitable material. 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 and ordinances.
(a)Means of egress.For construction under the Apache Junction Building Code 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 this Chapter. The construction documents
shall designate the number of occupants to be accommodated on every floor, and in all rooms and
spaces.
(b)Exterior wall envelope.Construction documents for all buildings shall describe the exterior wall
envelope in sufficient detail to determine compliance with this Chapter. 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 roof, eaves or parapets, means
of drainage, water -resistive membrane and details around openings.
(c)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, easements, federal patent easement, the established
street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways,
design flood elevations and any additional information required by the Building and Safety Manager
and Development Services Director; 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 and Safety Manager, in consultation with the Development Services Director, 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.
(d)Braced Wall Design.For construction under the Apache Junction Residential Code utilizing
braced wall design, braced wall lines shall be identified on the construction documents. Pertinent
information including, but not limited to, bracing methods, location and length of braced wall panels,
anchoring/foundation requirements and fastening requirements of braced wall panels and all related
load transfer connections shall be provided.
(4)Title Sheet Information.The construction documents shall contain a title sheet or title sheets
indicating the name, address, and phone numbers of project owner(s), design professionals, and
contractors (if known). The title sheet shall also contain information regarding the code review as
performed by the design professional, including the area of the building, type of construction, type(s)
of occupancy, height and area modifications (if any), fire sprinklers (if any), deferred submittals
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approved by the Building and Safety Manager (if any), and other information as directed by the
Building and Safety Manager.
(5)Outdoor Lighting Compliance.Submittal documents for projects proposing outdoor lighting fixtures
shall contain, but not be limited to, the following information:
(a) Plans indicating the type of illuminating devices, fixtures, lamps, supports, other devices, etc. and
their location on the premises.
(b) Description of the illuminating devices,fixtures,lamps,supports,and other devices,etc.,
including manufacturers' cut sheets.
(c) Photometric study, including a plan of the premises showing fixture locations; calculated light
levels at various points inside the parking lot, along walkways, or other occupied outdoor areas;
expected light levels at the property lines; and maximum, minimum, and average light levels.
(d)Certification that the design of the outdoor lighting system complies with Vol. 11 Chapter lof the
Apache Junction City Code.
(I)Deferred Submittals.
(1)General.The deferral of submittal items shall have the prior approval of the Building and Safety
Manager. For the purposes of this Chapter, deferred submittals are defined as those portions of the
design not submitted at the time of the application and that are subject to the same plan review and
approval process as the original permit application. All deferred submittals shall be submitted a
minimum of 30 calendar days before scheduled installation of the item(s) deferred. Approval shall
be completed prior to the installation of deferred item for the project. The approved documents shall
be incorporated into the permit documents.
(2)Registered Design Professional review.Where a registered professional is responsible for the plans
or elements of a plan where a submittal is deferred, the documents for deferred submittal items shall
be submitted to the registered design professional of record who shall review them and forward them
to the Building and Safety Manager 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 and Safety Manager.
(3)Deferred submittals may include:commercial fire sprinkler systems,residential fire sprinkler
systems, commercial fire notification systems, commercial fire detection systems, fire standpipes,
alternative fire suppression systems, rack storage plans, elevators, elevator recall systems, refrigerant
vapor alarm systems,prefabricated metal stairs,prefabricated metal storage systems,overhead
cranes, industrial equipment, and other deferred submittal items not listed herein, with the prior
approval of the Building and Safety Manager. Items that shall not be deferred include: structural
design of elements not included in the list above, building plumbing systems, building mechanical
systems, building electrical systems, outdoor lighting systems and landscaping designs.
(4) Fee.Deferred submittals are a special service of the Building Safety and Inspection Division
requiring additional processing and plan review time beyond that required for projects in which all
of the required documents are submitted with the initial submission. This special service requires
payment of an additional fee as established in Article 4-4 Development Services Fees.
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(5)Deferred Submittal and Addendums.Deferred submittals do not constitute the phasing of
construction permits and may constitute an addendum to the original permit or application if the
deferred submittal involves changes in the design or work meeting the definition of an addendum.
(J)Master plan program.The Building and Safety Manager may establish a master plan program for the
submission, review and applicability of replicable plans. The policy will set the minimum number of
units required to participate in the program, the maximum number of options, configurations, etc.
allowed per plan, maximum length of time master approval is good for and a process for addressing
design or inspection issues.
(K)Discretion.The Building and Safety Manager is authorized to waive the submission of construction
documents and other data, where a registered design professional is not required, if it is found 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.
(L)Registered Design Professional.In accordance with ARS § 32-144, permit documents shall be prepared
by a qualified Arizona Registrant for the following:
(1) New buildings or structures that:
(a) Exceed two (2) stories in height (including basements); or
(b)Exceed three thousand (3,000) square feet of floor area, measured to the outside surface of exterior
walls; or
(c)Are intended for occupancy by more than twenty persons on a continuous basis (as calculated
under the Building Code); or
(d)Have structural elements with a span exceeding twenty feet (20'), not including wood or steel
trusses or lintels designed by a registered engineer.
(2) Additions or alterations to existing buildings or structures that:
(a) Meet or exceed the requirements for new buildings or structures as listed in under (L) 1 above.
Except for an addition that does not exceed fifteen hundred (1,500) square feet and is for the
purpose storage of chattels.
(3) When deemed necessary by the Building and Safety Manager to ensure compliance with this Chapter
and the Technical Codes.
EXCEPTIONS:The following are exempted from the above requirements and do not require
preparation by an Arizona registrant:
(a) Landscaping planting plans, and
(b)Detached 1 & 2 family dwellings constructed in accordance with the Residential Code.
(M)Registered Design Professional in responsible charge.Where it is required that permit submittal
documents be prepared by a registered design professional, the Building and Safety Manager shall be
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authorized to require the owner or owners authorized agent, to engage and designate on the building
permit application, or plans, a registered design professional who shall act as the registered design
professional of record. The registered design professional of record is responsible for the project
covered under the permit until the issuance of a certificate of completion or of occupancy. If the
circumstances require, the owner shall designate a substitute registered design professional of record
who shall perform the duties required of the original registered design professional of record. The
Building and Safety Manager shall be notified in writing by the owner if the registered design
professional of record 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
and equipment lists, for compatibility with the design of the building. Where structural, electrical, or
mechanical observation is required by this Chapter, the registered design professional in responsible
charge or by registered design professional involved with a specific element, the observation program
shall name the individual or firms who are to perform observation and describe the stages of
construction where the observation is to occur.
(N)Review of Submittal and Construction Documents.If the submittal documents and/or the construction
documents do not conform to the requirements of this chapter and applicable planning and zoning,
subdivision, engineering or other ordinances and laws, the Building and Safety Manager may do one
of the following:
(a) Return to the applicant a set of the submitted plans and documents with the necessary corrections
and additional information required marked on the plans and documents. The applicant may request
a meeting to review the corrections and information requested. The applicant can resubmit corrected
plans for an additional review. The corrected plans shall have revision dates and changes shall be
identified by clouding, etc. If plans are returned after the first resubmittal (second review) additional
review fees shall be charged per Article 4-4.
(b) Reject such application in writing, identifying the reasons for rejection. Rejected plans are not
eligible for resubmittal.If the application is rejected,the applicant may appeal the decision in
accordance with this Chapter.
(c) If there is a written agreement between the owner, registered design professional and the Building
and Safety Manager regarding required changes that must be made or issues to be addressed. The
Building and Safety Manager may release under a "Conditional Permit Release" the application and
plans for permit issuance. The applicant must request the Conditional Permit Release permit to be
issued and pay any outstanding fees.
(0)Approval of Construction Documents.When the Building and Safety Manager issues a permit, the
construction documents shall be marked, in writing, by stamp or digitally, as "Reviewed for Code
Compliance."
(1)Permitted plan availability.
(a)Paper plans.One (1) set of construction documents so reviewed shall be retained by the Building
Safety Division as required by the approved Building Safety Division retention schedule. Other sets
shall be returned to the applicant with one (1) to be kept at the site of work and open to inspection by
the Building and Safety Manager.
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(b)Digital plans.When plans submitted and reviewed digitally are released for permit issuance, a
digital copy will be provided to the applicant when the permit is issued. The applicant is responsible
for ensuring access to the reviewed digital plans is available at the job site.
(c)Previous Approvals.This Chapter and the Technical Codes shall not require changes, during
construction, 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.
(2)Addenda and Revisions to Submittal Documents.The project owner may submit modifications of
the application or the attached submittal documents at any time prior to the final completion of the
work. Revisions (changes made prior to the issuance of the permit) and addenda (changes made after
permit issuance) shall be subject to the same plan review and approval process as the original permit
application. Upon approval, revised/modified documents shall supersede prior versions and shall be
incorporated into the original submission or permit documents. The approved revisions and addenda
shall not constitute a new permit request.The review and approval of revisions and addenda
constitutes an additional service and is subject to the payment of fees as established in the § 4-4
Development Services Fees. Projects with revisions or addenda that increase the scope of work, as
determined by the Building and Safety Manager, may be subject to a complete recalculation of fees
or to obtaining an entirely new permit.
(3)Staged Approval.The project owner shall determine if the project is to be constructed under one
permit for the entire project or under a series of permits (stages) for the project. The Building and
Safety Manager is authorized to issue any number of separate permits for the construction of the site
work,underground utilities,buildings and structures needed to complete the whole project in
accordance with pertinent requirements of this chapter and the Technical Codes. The holder of a
permit for the construction of any portion of a project shall proceed with the construction operation
at the permit holder's own risk and without assurance that additional permits will be granted.
Choosing to build in more than one stage will not result in a fee premium.
(4)Phased Approval.The project owner shall determine if the building or structure is to be constructed
under one permit for the entire project or under a series of permits (phases) of the building. The
Building and Safety Manager is authorized to issue separate permits for the construction of the
building's shell and any number of tenant completion permits needed to complete the whole building
in accordance with pertinent requirements of this chapter and the Technical Codes. The holder of a
permit for the shell or other parts of a building or structure shall proceed with the construction
operation at the permit holder's own risk and without assurance that additional permits will be
granted.(See paragraph 5 for foundation permits).
Choosing to build in more than one phase will result in an increase in the fees charged as established
in the latest edition of § 4-4 Development Services Fees. A building constructed under a phased
approach is not permitted to be occupied until all of the phases for the building, or portion thereof,
have been successfully completed. A shell is an incomplete building and cannot be safely occupied.
(5)Foundation Permits.The Building and Safety Manager is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the construction
documents for the whole building or structure have been submitted or approved, provided adequate
information and detailed statements have been filed complying with pertinent requirements of this
Chapter, the Technical Codes and the Apache Junction Zoning Code. The holder of a permit for the
foundation or other parts of a building or structure shall proceed with the construction operation at
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the holder's own risk and without assurance that a permit for the entire structure will be granted. The
granting of foundation pemiits is a special service that will result in an increase in the fees charged
as established in § 4-4 Development Services Fees.
(6)Electrical Service Permits.Permit application to replace, change, relocate, upgrade or increase
electrical services must be accompanied by the Salt River Project design plans. The Building and
Safety Manager is authorized to establish a policy regarding what permits require submittal and
review and what permits may be issued at permit application.
(7)Expedited Plan Review.The Building and Safety Manager is authorized to develop a policy for
expedited plan review.
(P)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 and Safety Manager from requiring the correction of errors in the permit documents or in the
construction. The Building and Safety Manager 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 addendum to the released construction documents.
(Q)Compliance with Other City Code Provisions.Building permits for construction of residences in new
subdivisions shall not be issued until installation of all utilities, streets and other offsite improvements
have been completed and accepted by the City, except in those instances where the Building and Safety
Manager, determines that phasing of utilities, streets and other selected offsite improvements are
acceptable. When such phasing is desired, the utilities, streets, and other offsite improvements to be
phased shall be approved in accordance with all city -adopted codes and ordinances.
(R)Expiration of Permit.Every permit issued shall become invalid (null and void) unless the work on the
site authorized by such permit is commenced and pursued diligently as determined by these sections:
(1) An issued permit that has no approved inspections by the number of elapsed calendar days
indicated in the table below shall become expired and will be voided. The Building and Safety
Manager shall order any work done to be removed and the property restored to original condition or
a condition approved the Development Services Engineer.
(2) For a permit that has an approved inspection the permit will expire if no approved inspection
occurs within the elapsed calendar days indicated in the table below after the last approved inspection.
Expiration Time Frames: No approved inspections after issuances, or between approved
inspections
Type of Permit Days to Expiration
Electrical, Mechanical/Fuel Gas, Plumbing and Demolition 45 days
Park Model, Manufactured Home, Factory Built Building, Residential Accessory
Structures and Residential Pools
60 days
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l& 2 Family Residential 120 days
Commercial (Industrial)180 days
(S)Permit Extensions.When requested by the permit holder, prior to expiration of the permit, the Building
and Safety Manager is authorized to grant two (2) extensions of time, for periods not more than those
noted in the table for expiration. The extension shall be requested in writing with reasonable justifiable
cause demonstrated. Such extension, when granted, shall be in writing. If a permit that has expired is
renewed within 30 calendar days of expiration the cost will be 50% of the original permit fee. After 30
days, but no more than 90 days after expiration, a permit can be reinstated at 100% of the original fee.
After 90 days a new permit must be applied for and obtained to continue a project. Work where a permit
has been expired more 180 days shall be declared unsafe by the Building and Safety Manager and
action taken on unsafe buildings per § 7-1-9 of this Chapter.
(T)Refunds.Refunds, if applicable, shall be in accordance with § 4-4 Development Services Fees.
(U)Suspension or Revocation.The Building and Safety Manager 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 or regulation or
any of the provisions of this Chapter,the Technical Codes,or of any other ordinances of this
jurisdiction. The Building and Safety Manager is authorized to suspend or revoke a permit issued under
the provisions of this Chapter wherever the work under the permit is being performed in violation of
the reviewed plans or in violation of any ordinance or regulation or any of the provisions of this Chapter,
the Technical Codes, or of any other ordinances of this jurisdiction
(V)Placement of Permit.The building permit or copy thereof shall be kept on the site of the work until the
completion of the project.
(W)Responsibility.It shall be the duty of every person who performs work for the installation or repair of
building, structure, electrical, gas, mechanical, or plumbing systems, for which this Chapter or the
Technical Codes are applicable, to comply with this Chapter and the Technical Codes.
(X)Bulk Permit Program.The Building and Safety Manager is authorized to develop a bulk permit program
for residential related trade permits, not requiring a utility release, and other permits covering work of
a limited or minor nature. The program will set the number of projects/locations a permit can cover and
will establish a method for compliance verification that reduces the need for scheduled inspections. The
program will be available for licensed contractors and will set the minimum requirements for
contractors to qualify for the program.The intent of the program is ease and efficiency for the
contractors, reduced burden on homeowner's time for work and inspections, and provide better records
and tracking of improvements made to the city housing stock.
(Y)Permit by Inspection (PBI) Program.The Building and Safety Manager may establish a permit -by-
inspection (PBI) program that is a voluntary alternative to the standard permit application, plan
review and permit issuance process for simple projects of certain occupancies and degree of
complexity.
(1)Eligible projects.Projects eligible for consideration under the PBI program shall comply with all
of the following limitations:
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(a) Project must be a tenant improvement or tenant completion project for a Group B (Business), or
a Group M (Mercantile) in an existing space or building;
(b) Project cannot involve a change of occupancy, except changes between Group B and Group M
occupancies;
(c) Area of tenant space or building cannot exceed 5,000 square feet in floor area;
(d) The project cannot involve high piled storage or hazardous materials, nor substantial rework of
the plumbing, mechanical, electrical or fire suppression system;
(e) The project cannot require additional zoning approvals; and,
(1) The work cannot have been subject to a Stop Work Order.
Projects shall comply with all other requirements of this Chapter.
§ 7-1-7 INSPECTIONS.
(A)General.Construction or work for which a permit is required shall be subject to inspection by the
Building and Safety Manager 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 and Safety Manager nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
The Building and Safety Manager is authorized to create a "Concealed Construction Verification"
policy for addressing concealed construction due to work done without permits or work pursued without
having or passing required inspections.
(1)Site Address.It shall be the duty of the permit holder to post the 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.
(2)Inspections Requests.It shall be the duty of the holder of the building permit or their duly authorized
agent to notify the Building and Safety Manager when work is ready for inspection. It shall be the
duty of the permit holder to provide access to, and means for inspections of such work, as required
by this Chapter.
(3)Survey.Where inspection reveals that a structure may not be located according to approved plans,
or which in drainage is not reasonably provided for, the Building and Safety Manager shall require a
survey (at the expense of the applicant) of the lot and structure to verify that the structure is located
in accordance with approved plans.
(B)Required Inspections.The required inspections for a permitted project will be determined at plan review
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based on the proposed work. The permit holder or the inspector may ask for or require additional
inspections based on project conditions and needs.The Building and Safety Manager,upon
notification, shall make the inspections set forth in this section.
(1)Footing Inspection.Footing inspections shall be made after excavations for footings are complete
and any required reinforcing steel and forms are in place. Inspection shall be made prior to the
placement of concrete. Materials for the footer shall be on the site, except where concrete is ready
mixed in accordance with ASTM C94/C94M-15a:Specification for Ready -mixed Concrete, the
concrete need not be on the site.
(2)Underground MEP Inspection.Where mechanical, electrical or plumbing (MEP), ducts, conduit,
pipes, etc., are to be placed below a slab, or underground, an underground MEP inspection shall be
made after trenches or ditches are excavated and bedded, ducts, conduit and piping are installed and
before any backfill is placed. Plumbing drain lines shall be on a water test with a minimum of 10-
foot head of water. Plastic piping shall not be tested with air.
(3)Lowest Floor Elevation Inspection.For concrete slabs being poured in flood hazard areas the second
elevation certificate showing that the top of the forms and the proposed top of the floor elevation
complies with that proposed in the first elevation certificate shall be submitted to, and approved by,
the Floodplain Manager/City Engineer before the concrete slab inspection is requested. For framed
floor systems the second elevation certificate shall be submitted to, and approved by the Floodplain
Manager/City Engineer prior to further vertical construction.
(4)Utility Connection Inspection.An inspection is required of the connection of the building plumbing
to the water service and sewer service prior to backfilling the trenches.
(5)Concrete Slab and Post -tension Slab Inspection.For concrete foundations, such as monolithic slabs
and post tension slabs, the required forms, reinforcing steel or post -tension cables, and the required
anchors and holddowns shall be in place at the inspection. Backfill of MEP shall be complete, any
required box outs in place, and any thickened footings shall be per permitted plans. Inspection shall
be made prior to the placement of concrete. For post -tension slabs, the inspection report from the
post -tension special inspection shall be provided to the Building and Safety Manager before concrete
is poured. Materials for the foundation shall be on the site, except where concrete is ready mixed in
accordance with ASTM C94/C94M- 15a: Specification for Ready -mixed Concrete, the concrete need
not be on the site.
(6)Braced/Shear Wall and Load Transfer Inspection.For residential one -and two-family and
commercial wood framed structures, a braced wall inspection shall occur prior to the installation of
the air barrier, house wrap or weather barrier. The inspection will also look at the required load
transfer connections between the floor (if framed), wall and roof diaphragms. For flat roof systems
the roof deck nailing will be inspected and OSHA compliant access shall be provided by the permit
holder. Where interior gypsum board is utilized as part of the braced wall system, a gypsum board
inspection, as noted below, shall be required.
(7)Pre -stucco inspection.An inspection of the installed weather -resistant barrier, continuous insulation,
lathe or wire support and weep screed installation is required prior to installing stucco, one -coat or
exterior insulation and finish systems ("EIFS") finishes.
(8)Masonry Wall Grout Inspections.Masonry wall grout inspections shall occur as denoted in the
permitted plans regarding grout pour maximum height.
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(9)Rough -Inspection Residential.The residential rough inspection shall not occur until the structure
framing is complete and weather tight- weather -resistant barrier and windows at walls and felt on
sloped roofs and weather barrier on flat roofs. The rough inspection shall cover rough framing,
building envelope energy requirements, rough plumbing, rough mechanical and fuel gas, and rough
electrical. Rough inspection of these areas/systems shall be made prior to covering or concealment
and before fixtures or appliances have been set or installed, and after the roof is loaded with roof
covering material. Tubs, tub/shower units, shower units, site built shower receptors and gas log
fireplaces shall be installed at time of the rough inspection.
(10)Rough -Inspection Commercial.Commercial rough inspections of framing,energy elements,
mechanical, electrical, plumbing and gas systems shall be made as needed prior to the concealment
of any elements or systems. For large projects standing inspection times or inspection frequency may
be arranged between the superintendent or trade foreman, and the building inspector.
(11)Insulation Inspection.The insulation inspection shall verify compliance with the permitted plans
regarding the types of insulation and R -values installed and use of proper installation methods.
Blown -in attic insulation will be checked at final inspection.
(12)Gypsum Board Inspection.Gypsum board inspection is required where the gypsum or lathe is
indicated on permitted plans as part of the braced -wall system or shear wall design, or when gypsum
and lathe are a part of a fire -resistance -rated assembly and shall be made after lathing and gypsum
board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints
and fasteners are taped and finished.
(13)Fire -Resistant Assemblies and Penetrations.Protection of joints and penetrations in fire -resistance-
rated assemblies shall not be concealed from view until inspected and approved.
(14)Other Inspections.In addition to the inspections specified above, the Building and Safety Manager
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.
(a)Roofing Inspections.Roofing inspections are required on existing residential as follows:
(i) Where more than 96 sq feet of roof decking is to be replaced or covered a decking inspection is
required prior to installation of the underlayment.
(ii) Where the roof slope is less than 4:12 an inspection of the required two layers of underlayment
is required.
(iii) A final inspection of the installation is required during roof covering installation to verify
compliance with manufacturer's installation requirements and code compliance.
(b)Demolition Inspection.After demolition is complete and the site restored to a clean condition a
final inspection is required.
(15)Special Inspections.Special inspections and structural observations shall be as required in Chapter
17 of the Building Code.
(16)Final Inspection.
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(a)Residential Final Inspection.The residential final inspection shall be made after all work included
on the permitted plans and required by the building permit is completed. This includes all exterior
finishes, protection of all non -treated or non -durable wood species, the final grading around the
structures a dust proof driveway, required house numbers and all exterior light fixtures. Electrical
power and water must be on for the final inspection.
(b)Commercial Final Inspection.A commercial final inspection is required prior to the issuance of a
Certificate of Completion, a Certificate of Occupancy or a Temporary Certificate of Occupancy. A
commercial final inspection does not grant occupancy. For occupancy of new construction or new
tenant spaces (See §7-1-8 (B)).A commercial final inspection requires that all exterior work be
complete, including all exterior finishes, protection of all non -treated or non -durable wood species,
roof drainage, exterior lighting, all utilities are on and cleared by the utility, all required accessibility
features are installed and accessibility requirements are met.
(C)Building Service Equipment and Trade Inspections, and Utility clearances.If, upon final electrical
service or final gas piping inspection, the installation is found to comply with the provisions of this
Chapter and the Technical Codes, a "utility clearance" shall be issued by the Building and Safety
Manager to the respective energy utility. It shall be unlawful for any serving energy utility, or person
furnishing fuel, to energize or supply fuel until such "utility clearance" has been issued.
(1)Building Service Equipment Inspections.The Building and Safety Manager shall inspect building
service equipment for which a permit is required by this Chapter or the Technical Codes. Building
service equipment intended to be concealed by a permanent portion of the building shall not be
concealed until inspected and approved.When the installation of building service equipment is
complete, an additional and final inspection shall be made. Building service equipment regulated by
the Technical Codes shall not be connected to the water, fuel, or power supply, or sewer system until
authorized by the Building and Safety Manager. 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.
(2)Electrical Trade Inspections.Inspections of electrical work to replace, change, relocate, upgrade
or increase electrical services shall be made by the Building and Safety Manager. No inspections of
energized electrical services will be made without the express permission of the Building and Safety
Manager.
(3)Mechanical and Fuel Gas Trade Inspections.The Building and Safety Manager shall require the
inspection of residential and commercial HVAC new installations, replacements, or unit upgrades to
verify proper installation and mounting, energy code compliance and duct detector compliance. New
installation, replacement or expansion of fuel gas shall be inspected, under air test, and approved
prior to the City issuing a "clearance" to the service provider to reconnect or restart service.
(4)Plumbing Trade Inspections.The Building and Safety Manager shall require inspections for septic
abandonment, new sewer connection, water re -pipes, water heater installation where the energy
source has changed, used cooking oil/grease collection systems, CO2 tanks and piping, interceptor
installation- grease, lint, oil or other, bathroom remodels requiring permits, and roof mounted solar
water heating systems.
(D)Inspection Agencies.The Building and Safety Manager is authorized to accept reports of approved
inspection agencies,provided such agencies satisfy the requirements as to qualifications and
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reliability.
(E)Approval Required.Work shall not be done beyond the point indicated in each successive inspection
without first obtaining the approval of the Building and Safety Manager. The Building and Safety
Manager, upon notification, shall make the requested inspections and shall either indicate the portion
of the construction 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. Portions
not complying shall be corrected and shall not be covered or concealed until authorized by the
Building and Safety Manager. Projects with failed inspections may be subjected to additional fees in
accordance with Article 4-4: Development Services Fees. There shall be final inspection and approval
of all construction when the work is completed and prior to any occupancy or use.
(F)Tests.Whenever insufficient evidence of compliance with the provisions of this Chapter or the
Technical Codes, or evidence that materials or construction do not conform to the requirements of
the Technical Codes, the Building and Safety Manager may require tests as evidence of compliance
to be made at no expense to the City. Test methods shall be as specified by the Technical Codes or
by other recognized test standards. In the absence of recognized and accepted test methods, the
Building and Safety Manager shall determine test procedures. Said tests shall be made by an approved
agency. Reports of test results shall be submitted to the Building and Safety Manager for approval
and shall be retained by the Building Safety Division as required in the approved records retention
schedule.
(G)Connection to Utilities.Persons shall not make connections from a source of energy, fuel, or power to
building service equipment, regulated by the Technical Codes and for which a permit is required by
this Chapter, until approved by the Building and Safety Manager. The Building and Safety Manager
may authorize the temporary connection of the building service equipment to the source of energy,
fuel, or power for testing building service equipment or for use under a temporary certificate of
occupancy. The Building and Safety Manager may also authorize the connection of the building
electrical service equipment to supply construction power. Such authorizations shall be conditioned
upon the owner or permit holder prohibiting the use of gas -fired generators on the site once the
permanent power is operational, except as approved by the Building and Safety Manager. The use
and safe maintenance of the building electrical service equipment during construction shall comply
with all applicable local, state and federal regulations. The Building and Safety Manager may order
the disconnection of any service not used or maintained safely, or operated in violation of this
Chapter.
(I -I)Inspection by Video or photography.The Building and Safety Manager is authorized to develop policies
and programs for utilizing technology to offer options for code compliance verification. The policy
and program will set the requirements for training and participation in the program and penalties for
violating terms of the program.
§ 7-1-8 CERTIFICATES.
(A)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
and Safety Manager has issued a Certificate of Occupancy or other form of authorization therefore
as provided herein. Issuance of a Certificate of Occupancy, or other form of authorization, 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.
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(B)Certificate types and processes:
(1) Certificate of Occupancy- provided for new commercial projects, tenant improvements and
change in use (not including shell building construction) once construction is substantially complete
and in compliance with applicable Technical Codes, ordinances. The Division of Building Safety and
Inspection cannot issue a certificate of occupancy until approval or authorization has been
communicated to the Division from the following, as applicable to the project:
(a) Division of Planning and Zoning- Planner- compliance of site, exterior elevations, signage and
landscaping with approved plans;
(b) Division of Planning and Zoning- Development Services Engineer- as -built site engineering,
compliance with all on -site improvements;
(c) Department of Public Works- Inspector- final approval of all offsite improvements;
(d) Department of Public Works- City Engineer- receipt and approval of final elevation certificate
for work occurring in the floodplain.
(e) Superstition Fire and Medical District- Fire Marshal- compliance with approved fire plans,
sprinkler plans, fire alarm plans and required testing. This includes but is not limited to, fire safety
plans and emergency preparedness, fire service features and access, and fire protection systems;
automatic sprinkler systems, standpipe systems, fire alarm/detection systems, and smoke control
systems.
(0 Superstition Mountains Communities Facilities District No.1-final inspection,sewer
connection approval and start of service; and,
(g) Apache Junction Water District/Arizona Water Company- final inspection, water connection
approval and start of service (domestic and fire).
After the Division of Building Safety and Inspection has confirmed approval by all required divisions
and agencies, and has completed a final inspection with no outstanding issues, a Certificate of
Occupancy will be issued. The Certificate of Occupancy will contain the following:
I. The building permit number.
2. The address of the structure and the parcel number.
3. A description of the portion of the structure for which the certificate is issued.
4. 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.
5. The name and signature of the Building and Safety Manager or designee.
6. The edition of the codes under which the permit was issued.
7. The occupancy, in accordance with the provisions of this Chapter.
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8. The type of construction as defined in this Chapter.
9. The design occupant load.
10. If an automatic fire suppression system is provided.
11. Any special stipulations and conditions of the building permit.
The original of the Certificate of Occupancy issued at time of approval is included in the cost of the
permit. Additional duplicate copies or replacement copies shall be provided for a fee as established
in Vol. I, Chapter 4: Fees, Article 4-4: Development Services Fees. The Building and Safety Manager
may require an inspection of an existing building prior to issuing a duplicate certificate of occupancy
for any building more than one year after the issuance of the original certificate of occupancy.
A Certificate of Occupancy shall be provided for a partial occupancy approval by the Building and
Safety Manager when requested by the permit holder.Such certificate shall clearly identify the
portion or portions of the building that are approved for final occupancy. There shall be no additional
fee for a partial Certificate of Occupancy for the occupancy of a tenant space in a shell building issued
at the completion of the tenant improvement permit.
(2)Certificate of Completion Commercial-provided for commercial shell buildings once
construction of the shell is substantially complete per approved plans and in compliance with
applicable codes,ordinances,etc.Such Certificate of Completion certifies that the work to be
performed under the permit has been satisfactorily completed. The Certificate of Completion does
not authorize the occupancy of an incomplete shell,building or structure.The Certificate of
Completion shall contain the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of the permitted work for which the certificate is issued.
5. A statement that the permitted work has been inspected for compliance with the requirements of
this Chapter and the Technical Codes.
6. The name and signature of the Building and Safety Manager or designee.
7. The edition of the code under which the permit was issued.
8. Any special stipulations and conditions of the permit.
(3)Certificate of Completion Residential-provided for one -and two-family residential homes and
townhomes after a final inspection determines construction is substantially complete and in
compliance with permitted plans, applicable codes, ordinances, etc.
(4)Certificate of Installation-when requested a certificate of completion can be issued for the
installation of a manufactured home after a final inspection has found all installation and code
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requirements have been met including, skirting, landings, exterior stairs, grading, etc.
(C)Temporary Certificate of Occupancy.The Building and Safety Manager 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 and approval or authorization for
temporary occupancy has been communicated to the Division from other agencies as noted in (B)(1)
above. The Building and Safety Manager shall set the time period during which the Temporary
Certificate of Occupancy is valid and the conditions,if any,for such temporary occupancy.A
temporary certificate of occupancy can be issued for up to 30 calendar days and can only be renewed
2 times at 30 calendar days per renewal period.Any use of a partially constructed building or
structure, except for construction purposes, shall constitute occupancy that requires prior approval of
the Building and Safety Manager. Each such subsequent use shall require separate approvals.
(D)Revocation.The Building and Safety Manager is authorized to suspend or revoke, in writing, a
Certificate of Occupancy, Certificate of Completion, 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.
(E)Posting.The Certificate of Occupancy or temporary Certificate of Occupancy shall be posted in a
conspicuous place on the premises and shall not be removed except by the Building and Safety
Manager.
§ 7-1-9 UNSAFE BUILDING OR UNSAFE PROPERTY.
(A)Conditions.Buildings, structures, property or existing building service equipment that are or hereafter
become unsafe, unsanitary, 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 the
public welfare, or that involve illegal or improper occupancy, or inadequate maintenance, or are
deemed a public nuisance, shall be deemed an unsafe condition. A vacant or abandoned structure that
is not secured against entry shall be deemed an unsafe condition. Unsafe conditions shall be abated
by repair, rehabilitation, demolition or removal, or made safe, as the Building and Safety Manager
deems necessary and as provided in this Chapter.
For the purpose of this Chapter, a building, structure, property or building service equipment having
any or all of the conditions or defects hereinafter described shall be deemed to be an "unsafe building"
and/or an "unsafe property", provided such conditions or defects exist to the extent the life, health,
property, or safety of the public or its occupants are endangered:
I.Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or
size, is blocked partially or completely, or is arranged so as to not provide safe and adequate means
of exit in case of fire or panic. Where an egress door or gate does not operate correctly, requires
excessive force to open or has defective hardware it is an unsafe condition.
2.Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped,
worn, loose, torn, creates a tripping hazard, or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
3.Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is
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more than one and one-half (1-1/2) times the working stress or stresses allowed in the Building Code
for new buildings of similar structure, purpose, or location. Evidence of excess deflection, 1.5 times
that allowed in the Building Code, or evidence of dislocation greater than one quarter (1/4) inch
require evaluation by a structural engineer hired by the owner. The structural engineer's report shall
be submitted to the Building and Safety Manager and shall establish that the condition is safe, or
provide specific directions for correction to meet the minimum requirements of the Building Code.
4.Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent the structural strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of Building Code, as appropriate, for
new buildings of similar structure, purpose, or location.
5.Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage properties.
6.Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior
thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place
so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in the Building
Code, as appropriate, for new buildings of similar structure, purpose, or location without exceeding
the working stresses permitted in the Building Code, as appropriate, for such buildings.
7.Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls
or other structural portions have materially less resistance to winds or earthquakes than is required in
the case of similar new construction.
8.Whenever the building or structure, or any portion thereof, because of:
(a)Dilapidation, deterioration, or decay;
(b)Faulty construction;
(c)The removal, movement, or instability of any portion of the ground necessary for the purpose of
supporting such building;
(d)The deterioration, decay, or inadequacy of its foundation; or
(e)Any other cause, is likely to partially or completely collapse.
9.Whenever, for any reason, the building, structure or building service equipment, or any portion
thereof, is manifestly unsafe for the purpose for which it is being used.
10.Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent
that a plumb line passed through the center of gravity does not fall inside the middle one-third (1/3)
of the base.
11. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or
more damage or deterioration of its supporting member or members, or fifty percent (50%) damage
or deterioration of its nonsupporting members, enclosing or outside walls, or coverings.
12. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
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become so dilapidated or deteriorated as to be:
(a)An attractive nuisance to children;
(b) refuge for trespassers, illicit drug users, or others engaged in illegal activity; or
(c)a blighting influence on a neighborhood or area.
13. Whenever any building, structure, property or building service equipment has been constructed,
exists, is modified, or is maintained in violation of any specific requirements or prohibition applicable
to such building or structure provided by the building regulations of this jurisdiction, as specified in
the Building Code.
14. Whenever any building or structure, whether or not erected in accordance with all applicable laws
and ordinances, has in any nonsupporting part, member, or portion less than fifty percent (50%), or
in any supporting part, member, or portion less than sixty-six percent (66%) of the:
(a) Strength,
(b)Fire-resisting qualities or characteristics, or
(c) Weather -resisting qualities or characteristics required by law in the case of a newly constructed
building of the like area, height, and occupancy in the same location.
15. Whenever a building, structure or property, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Building and Safety
Manager to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause
sickness or disease.
16. Whenever any building, structure, property or building service equipment, because of obsolescence,
dilapidated condition,deterioration,damage,inadequate exits,lack of sufficient fire -resistive
construction, faulty electric wiring, gas connection or heating apparatus, illegal modification, or other
cause, is determined by the Building and Safety Manager or Fire Marshal to be a fire hazard.
17. Whenever any building, structure or property, is in such a condition as to constitute a public nuisance.
18. Whenever any portion of a building or structure remains on a site after the demolition or destruction
of the building or structure or whenever any building or structure is abandoned for a period in excess
of 180 calendar days so as to constitute such building or portion thereof an attractive nuisance or
hazard to the public.
(B)Notice.If an unsafe condition, as described herein, is found, the Building and Safety Manager shall
serve on the owner, agent, and person in control or possession of the structure, a written notice
describing the condition deemed unsafe and specifying the required repairs or improvements to be
made to abate the unsafe condition, or requiring the unsafe structure to be demolished within a time
specified by the Building and Safety Manager. Such notice shall require the person thus notified to
declare as soon as possible but not later than seven (7) city business days to the Building and Safety
Manager the acceptance or rejection of the terms of the order.
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(C)Method of Service.Such notice shall be deemed properly served if a copy thereof is:
I.Delivered to the owner or agetit personally; or
2.Sent by certified or registered mail addressed to the owner at the last known address as identified in
county tax records, with return receipt requested; or
3.Served in any manner permitted by state statute or by the Arizona Rules of Civil Procedure for service
of process.
Service shall first be attempted through personal service. If the City is unable to personally serve the
notice, other methods of service may be utilized and the notice shall be posted in a conspicuous place
in or about the structure affected by such notice. Service of such notice in the foregoing manner upon
the owner's agent or upon the person responsible for the structure shall constitute service of notice
upon the owner.
(D)Procedures.The Building and Safety Manager shall establish the necessary procedures to be utilized
in the enforcement of this section. Such procedures shall be consistent with the requirements of this
section and, if necessary, shall be enacted by resolution of the Apache Junction City Council.
(E)Hazard Marking System.The Building and Safety Manager, with the approval of the Fire Chief, is
authorized to establish a hazard identification marking system to provide firefighters responding to a
fire or other emergency with a visual identification marking that the property is vacant, abandoned,
or contains hazards to firefighters.
(F)Restoration.The building, structure, property 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, or the building or structure shall be demolished and the site cleaned.
(G)Emergency Repairs.In the event the property owner fails to take needed corrective action in the
manner and time as acceptable to the Building and Safety Manager, the Building and Safety Manager
is authorized to employ the necessary labor and materials to perform the required work as
expeditiously as possible. Costs incurred in the performance of the emergency work shall be paid by
the City of Apache Junction and the City may file an action to recover all fees and costs related to the
emergency repairs.
(H)Demolition.The Building and Safety Manager shall order the owner of any premises upon which is
located any structure that in the Building and Safety Manager's judgment is so dilapidated, or has
become so out of repair as to be dangerous,unsafe,unsanitary,or otherwise unfit for human
habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and
remove such structure; or if such structure is capable of being made safe by repairs, to repair and
make safe and sanitary or to demolish and remove at the owner's option; or where there has been a
cessation of normal construction of any structure for a period of more than 730 calendar days, to
demolish and remove such structure.
If the owner of a premises fails to comply with a demolition order within the time prescribed, the
Building and Safety Manager shall cause the structure to be demolished and removed, either through
an available public agency or by contract or arrangement with private persons, and the cost of such
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demolition and removal shall be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
(I)Record.The Building and Safety Manager shall cause a report to be filed on an unsafe condition. The
report shall state the occupancy of the structure and the nature of the unsafe condition.
§ 7-1-10 PENALTIES.
(A)Unlawful Acts.It shall be unlawful:
1.For any owner, person, firm, or corporation to erect, construct, alter, extend, repair, move, remove,
demolish, or operate, any building, structure, or equipment regulated by this Chapter, or cause same
to be done, in conflict with or in violation of any of the provisions of this Chapter and the Technical
Codes.
2.For any owner, person, firm, or corporation to occupy, or for any owner to allow occupancy or fail
to prevent occupancy of, any building or structure regulated by this Chapter, or cause same to be
done, in conflict with or in violation of any of the provisions of this Chapter and the Technical Codes.
3.For an owner, person, firm, or corporation to fail to comply with a lawful written notice of violation
or order to discontinue and abate a violation of any of the provisions of this Chapter and the Technical
Codes.
4.For an owner, person, firm or corporation to maintain an unsafe building in violation of this Chapter.
(B)Notice of Violation.The Building and Safety Manager is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair, moving,
removal, demolition, or occupancy of a building or structure 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. Such order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
(C)Prosecution of Violation.If the notice of violation is not complied with in 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.
(D)Remedies Not Exclusive.Violations of this Chapter or the Technical Codes are in addition to any
other violation established by law, and this Chapter 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.
(E)Penalty Clause.Any owner, person, firm, or corporation who shall violate any of the provisions of
this Chapter of the Apache Junction City Code,as amended,shall be guilty of a Class One
misdemeanor and upon conviction shall be punished by a fine not to exceed two thousand five
hundred dollars ($2,500.00), by imprisonment for a period not to exceed six (6) months, or other
probation terms,and probation of up to 36 months and any community service or community
restriction, as the court deems necessary. Each day that a violation continues shall be a separate
offense punishable as described above.
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§ 7-1-11 CONSTRUCTION STANDARDS FOR MANUFACTURED HOME, MOBILE
HOME, PARK MODEL, AND RECREATIONAL VE111CLE STANDARDS
(A)Definitions.Unless otherwise expressly stated, the following words and terms shall have the
meanings as shown in this Chapter.
ACCESSORY STRUCTURE.As it pertains to manufactured homes and mobile homes, the installation,
assembly, connection or construction of any one-story habitable room, storage room, patio, porch, garage,
carport, awning, skirting, retaining wall, evaporative cooler, refrigeration air conditioning system, solar
system or wood decking attached to a new or used manufactured home, mobile home or residential single
family factory -built building.
CERTIFICATE.An Arizona Insignia of Approval, which is required for modular manufacture,
installation, reconstruction, or rehabilitation work. Or a numbered or serialized label or seal that is issued
by the director (Director of Arizona Department of Housing) as certification of compliance with this
chapter.
DETACHED.For purposes of this article means structurally independent from an adjacent structure,
including vertical (gravity and uplift) loads and horizontal (wind and seismic) loads.
MANUFACTURED HOME ("MH"):A structure built in accordance with the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426) and title VI of the
housing and community development act of 1974 and the Manufactured Housing Improvement Act of
2000, which is Title VI of the American Homeownership and Economic Opportunity Act of 2000.
MOBILE HOME:A structure built before June 15, 1976, on a permanent chassis, with a minimum of
400 square feet, capable of being transported in one or more sections and designed to be used with or
without a permanent foundation as a dwelling when connected to on -site utilities. Mobile home does not
include recreational vehicles and factory -built buildings.
MOTOR HOME.A motor vehicle that is designed as temporary living quarters and that:
(a) Is built onto as an integral part of, or is permanently attached to, a motor vehicle chassis.
(b) Contains at least four of the following independent life support systems if each is permanently
installed, operable, and designed to be removed only for purposes of repair or replacement:
(i) a cooking facility with an onboard fuel source;
(ii) a gas or electric refrigerator;
(iii) a toilet with exterior evacuation;
(iv) a heating or air conditioning system with an onboard power or fuel source separate from the
vehicle engine;
(v) a potable water supply system that includes at least a sink, a faucet and a water tank with an
exterior service supply connection; and/or,
(vi) a 110-125 volt electric power supply.
PARK MODEL OR PARK TRAILER ("PM"):A park model recreational vehicle, also known as a
"recreational park trailer" is a trailer -type RV that is designed to provide temporary, seasonal
accommodation, and is not intended as a permanent dwelling unit. PM RVs are built on a single chassis,
mounted on wheels and have a gross trailer area not exceeding 400 square feet in the set -up mode. They
are certified by their manufacturers as complying with the current versions of ANSI A119.5 Park Model
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Recreational Vehicle Standard or NFPA 1192 Standard on Recreational Vehicles. PMs do not conform to
the standards for MHs, or the Technical Codes.
PERMANENT DWELLING UNIT:A dwelling unit constructed under the Apache Junction Building
Code, the Apache Junction Residential Code, or under the rules of the Arizona Department of Housing,
Manufactured Housing Division, Title 41, Chapter 37, Articles 2-5.
PERMANENT FOUNDATION.A system of support, anchorage and perimeter enclosure of crawl
space that is:
a. constructed of durable materials (e.g., concrete, masonry, steel, or treated wood);
b. developed in accordance with the manufacturer's installation instructions or designed by an
Arizona registered structural engineer;
c. attached in a manner that effectively transfers all vertical and horizontal design loads that could be
imposed on the structure by wind, snow, frost, seismic, or flood conditions, as applicable, to the
underlying soil or rock;
d. designed to exclude unwanted elements and varmints, ensure sufficient ventilation, and provide
adequate access to the building; and,
e. not affixed with anchoring straps or cable to ground anchors other than footings.
RECONSTRUCTION.Construction work performed for the purpose of restoration or modification of a
MH unit by changing or adding structural components or electrical, plumbing, or heat or air producing
systems.
RECREATIONAL VEHICLE ("RV"):A vehicular type unit that is any of the following:
(a) A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls
that fold for towing by another vehicle and unfold for camping.
(b) A motor home designed to provide temporary living quarters for recreational, camping, or travel,
use, and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab
or van that is an integral part of the completed vehicle.
(c) A park trailer or PM built on a single chassis, mounted on wheels, designed to provide temporary,
seasonal living quarters for recreation or camping and may be designed to be connected to utilities
necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than
three hundred twenty square feet and not more than four hundred square feet when it is set up, except
that it does not include fifth wheel trailers.
(d) A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational,
camping, or travel, use, and of a size or weight that may or may not require special highway
movement permits when towed by a motorized vehicle and that has a trailer area of less than three
hundred twenty square feet.This subdivision includes fifth wheel trailers. If a unit requires a size or
weight permit, it shall be manufactured to the standards for park trailers in section A 119.5 of the
American National Standards Institute standard.
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(e) A portable truck camper constructed to provide temporary living quarters for recreational,
camping, or travel, use and consisting of a roof, floor and sides designed to be loaded onto and
unloaded from the bed of a pickup truck.
REPAIR.Work performed on a MH, mobile home, or factory built building to restore the building to a
habitable condition but does not impact the original structure, electrical, plumbing, heating ventilation and
air-conditioning, mechanical, use occupancy, or energy design.
SITE WORK.Soil preparation including soil analysis, grading, drainage, utility trenches, and foundation
systems preparation, and field -installed work including terminal and connections, on -site utility
connections, accessibility structures, egress paths, parking, lighting, landscaping, and similar work.
TRAVEL TRAILER.A travel trailer is a trailer -type RV that is designed to provide temporary, seasonal
accommodation, and is not intended as a permanent dwelling unit. Travel trailers are built on a single
chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet in the set -up
mode. A travel trailer lacks certification showing that they comply with any versions of ANSI A119.5 or
NFPA 1192 standards for recreational park trailers.
(B)Manufactured homes.MH installation shall comply with the requirements of Arizona Revised
Statutes, Title 41, Chapter 37, Article 3 § 41-4001 thru 4010 and Arizona Administrative Code, Title 4,
Chapter 34, § R4-34-101 thru 805. The references identified in R4-34-102 shall provide the code
requirements for the installation of attached accessory structures. Detached structures shall comply with
the Technical Codes. Reconstruction of a MI -1 requires that plans for the reconstruction be submitted and
a permit issued.
(1)MH installation outside of a manufactured home park or subdivision.
(a) Permits are required for all MI -Is and any additions thereto, to be installed. MH installations on
vacant lots zoned RS -7M, RS -10M, RS -20M and RS -54M are limited to homes manufactured not
more than two years prior to the year in which the permit is requested.
(b) Where an existing MH or mobile home more than eight years -old is being removed or
demolished on a lot in zoning RS -7M, RS -10M, RS -20M and RS -54M, a MH not more than
seven years -old may be installed on that lot in compliance with this section.
(c) MH installations on individual lots with RS -7M, and RS -10M, shall consist of the following:
(i) a minimum of a 500 square foot single wide MH;
(ii) a minimum of eighty square feet of accessory storage installed (not required when an
enclosed garage is built);
(iii) removing tongue(s);
(iv) skirting or permanent foundation that complies with US Department of Housing and
Urban Development regulations,
(v) a driveway a minimum of 12 feet width of constructed of asphalt, concrete or dust
proof gravel that has clearly defined boundaries; and,
(vi) a carport or garage measuring a minimum of 10 feet in width and 20 feet in length
(an awning attached to the MH can provide the carport area);
(d) MH installations on individual lots with RS -20M and RS -54M zoning shall consist of the
following:
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(i) a MH comprised of two fully enclosed parallel sections each of not less than 12 feet in
width and 36 feet in length;
(ii) set upon a permanent foundation, as specified by the manufacturer and approved by
the Arizona Department of Housing, Manufactured Housing Division, and that the space
at the perimeter, between the home and the ground, be enclosed by concrete, concrete
masonry units, brick or stone, with required access;
(iii) a shingle or metal roof with a minimum pitch of 3:12;
(iv) a driveway a minimum of 12 feet width of constructed of asphalt, concrete or dust
proof gravel that has clearly defined boundaries; and,
(v) a carport or garage measuring a minimum of 10 feet in width and 20 feet in length (an
awning attached to the MH can provide the carport area);
(2)MH installation in a manufactured home park.
(a) Permits are required for all MHs and any additions thereto, to be installed. MH installations on
lots in MHP or RVP zoned parks are limited to homes manufactured not more than seven years
prior to the year in which the permit is requested.
(b) Where an existing MH or mobile home more than 11 years -old is being removed or
demolished on a lot in zoning MHP or RVP, a MH not more than ten years -old may be installed
on that lot in compliance with this section.
(c) MI -1 installations in MI-IP and RVP parks, shall consist of the following:
(i) a minimum of a 401 square foot single wide MI -1;
(ii) a minimum of eighty square feet of accessory storage installed (not required when an
enclosed garage is built);
(iv) skirting; and,
(v) a parking area a minimum of 9 feet in width and 19 feet in length of constructed of
asphalt, concrete or dust proof gravel that has clearly defined boundaries;
(3)All MH sets.
(a)The construction/configuration of exterior egress structures (stairs, ramps, handrails, etc.) must
comply with the minimum requirements of International Residential Code (Section R311). MHs
must have a minimum of two means of egress as required by the 24 CFR Part 3280,
Manufactured Home Construction and Safety Standards.
(i) There shall be a landing at the top and bottom of each stairway.
(ii) The width of each landing shall not be less than the width of the stairway served.
(iii) Every landing shall have a minimum dimension of 36 inches measured in the direction of
travel.
(iv) Handrails shall be provided on at least one side of each continuous run of treads or flight
with four or more risers.
(v) Exterior landings , decks, and stairs shall be positively anchored to resist both vertical and
lateral forces.
(vi) Where wood or wood -based products/materials are used for landings, decks, and stairs the
protection of the material shall be in compliance with R317 of the state adopted International
Residential Code.
(b) For final inspection of a MH set all skirting or foundation elements, all required egress
elements, and all required site drainage shall be complete and all requirements met.
44
(4)Additions to MH.The livable floor area of a home may be enlarged by the construction of an
attached structure provided Lhat the folloWing ciiieria are met:
(a) The attached striictuee conformio ani ilieet all requirements of the Technical Code. and
zoning code.
(b) If the home is remOved fr6m the lot, 1.o .aty season, and not replaced with a similar structure
within a period of three months, the attached structure must also be removed, disassembled or
torn down.
(c) The above restrictions do not apply to an addition to a home which is specifically
manufactured for attachment to that make and model of the subject home.
(C)Mobile Homes.It shall be illegal, as punishable under A.J.C.C. Vol. 1, § 1-1-11 to reconstruct mobile
home units (those built before June 15, 1976) in the City of Apache Junction. Repairs shall only be made
to mobile homes that have a certificate showing they have been rehabilitated and a certificate of
compliance has been issued per A.A.C. R4-34-606. A mobile home that has not been rehabilitated or does
not have the certificate of compliance cannot be installed in the City of Apache Junction. Mobile homes,
where reconstruction has occurred without state approval and a permit for reconstruction issued by the
City of Apache Junction, are declared unsafe and shall be removed from the City or shall be demolished.
"A rehabilitation permit shall be obtained from the Department [Arizona Depart of Housing,
Manufactured Housing Division] before any modification of a mobile home."(See A.A.C. R4-34-606)
Additions of habitable rooms, garages or storage rooms to a mobile home must be constructed such that
they are structurally independent from the mobile home and in compliance with the Technical Codes.
(D)Park Modes and park trailers.Park model installation shall follow the manufacturer's installation
instructions or if the installation instructions are not available, the installation requirements for a model
similar in length, width and height. The PM shall be secured against overturning. Where temporary
electrical, water, and sewer connections are not provided with the unit, hard connections shall be made in
accordance with the Technical Codes. PMs will have properly installed skirting along all sides. To obtain
a PM set permit, properly licensed electrical, mechanical, plumbing and/or metal structure contractors
shall be identified when applying for the permit. PM installation or use is not allowed outside of approved
recreational vehicle parks or subdivisions, or manufactured home parks or subdivisions.
(1) Allowable PM attached accessory structures shall be constructed per the following and the
Technical Codes.
(a) Metal awnings shall have a current evaluation report and current engineering.
(b)Patio enclosures shall comply with IBC Appendix las adopted by this chapter.
(c) HVAC systems shall be installed per the Technical Codes including the Mechanical Code and
Energy Code.
(d) Photovoltaic or solar water heating systems, when the manufacture has designed the PM to
support the installation of a photovoltaic or solar water heating system, and has made provisions for
connection of such system, the installation shall comply with the manufacturer's instructions and the
Technical Codes.
(2) Allowable PM detached accessory structures shall be constructed in compliance with the
Technical Codes.
(a) Allowable detached accessory structures include:
(i) storage rooms or sheds,
(ii) engineered self-supporting shade structures (porches, carports, metal and non-metal awnings)
45
(iii) habitable room additions not exceeding the square footage of the PM, and built per the
Residential Code or the Building Code,
(iv) decks, and,
(v) detached garages.
(3)PMs may not be altered from their original layout, and the plumbing, electrical and mechanical
systems may not be altered. PMs manufactured with duct work and intended to be connected to a
package unit are acceptable. The installation of exterior plaster (stucco), stone veneer, and brick
veneer to a PM is prohibited. The original PM manufacturer can alter the exterior of an existing PM
model after submitting a letter- for a specific site and specific PM- with specifications showing the
PM model will still comply to the standard under which it was built, to the Division of Building
Safety and Inspection.
(E)Recreational vehicles, motor homes, and travel trailers.RV's, motor homes and travel trailers cannot
be altered, modified or reconstructed from their original condition. Repair or replacement of service
equipment like air conditioning, hot water heaters, etc. shall be with the same type and size, electrical or
gas demands as the original equipment. The installing of a water heater unit on the exterior of an RV,
motor home or travel trailer is prohibited. The installation of a larger water heater requires a permit, and
the water heater must be installed inside a permitted and approved detached accessory structure, and the
installation and plumbing shall comply with the Technical Codes.
(F)General requirements.ABS pipe used for above ground connection of MH, mobile homes, PM, travel
trailers, RV and motor homes shall be listed for UV (ultra -violet) exposure, protected per the
manufacturer's instructions from UV degradation or installed directly under the unit and protected by
skirting or foundation.
(G)Unlawful acts.It is an unlawful act, as punishable under A.J.C.C. Vol. I, § 1-1-11 to make alterations
to or reconstruct any MHs or factory -built buildings unless such person is licensed or certified.
§ 7-1-12 STANDARD FOR FIREPLACES, WOOD STOVES AND OTHER SOLID FUEL
BURNING DEVICES
(A)Purpose.The purpose of this standard is to regulate fireplaces, woodstoves or other solid -fuel
burning devices to reduce the amount of air pollution caused by particulate matter and carbon monoxide.
(B)Effective Date.The effective date of the regulations and prohibitions set forth in this standard
shall take effect no earlier than December 31, 1998.
(C)Definitions.In this standard, unless the context otherwise requires:
FIREPLACE:A built -in -place masonry hearth and fire chamber or a factory -built appliance,
designed to bum solid fuel or to accommodate gas or electric log insert or similar device, and
which is intended for occasional recreational or aesthetic use, not for cooking, heating or
industrial purposes.
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SOLID FUEL:Includes but is not limited to: wood, coal or other nongaseous or non -liquid fuels,
including those fuels defined by the Maricopa County Air Pollution Control Officer as
"inappropriate fuel" to burn in residential wood -burning devices.
WOODSTOVE:A solid fuel -burning heating appliance including a pellet stove, which is either
freestanding or designed to be inserted into a fireplace.
(D)Installation Restrictions.
(1) On or after the effective date, no person, firm or corporations shall construct or install a
fireplace or woodstove, and the Building Official shall not approve or issue a permit to construct
or install a fireplace or woodstove, unless the fireplace or woodstove complies with one of the
following:
(a)A fireplace which has a permanently installed gas or electric log insert;
(b) A fireplace, woodstove or other solid fuel -burning appliance which has been certified
by the United States Environmental Protection Agency (EPA) as conforming to 40
Code federal Regulations Part 60, subpart, AAA as amended through July 1, 2006;
(c)A fireplace, woodstove or other solid fuel -burning appliance which has been tested
and listed by a nationally recognized testing agency to meet performance standards
equivalent to those adopted by 40 Code of Federal Regulations Part 60, Subpart AAA
as amended through July 1, 2006;
(d) A fireplace, woodstove or other solid fuel -burning appliance which has been
determined by the Maricopa County Air Pollution Control Officer to meet the
performance standards equivalent to those adopted by 40 Code of Federal
Regulations Part 60, Subpart AAA as amended through July 1, 2006; or
(e)A fireplace which has a permanently installed woodstove insert which complies with
subsection 2, 3 or 4 above.
(2) The following installations are not regulated by this standard and are not prohibited by this
standard:
(a)Furnaces, boilers, incinerators, kilns and other similar space heating or industrial
process equipment;
(b) Cook stoves, barbecue grills and similar appliances designed primarily for cooking;
or
(c)Fire pits, barbecue grills and other outdoor fireplaces.
(E)Fireplace or Woodstove Alterations Prohibited.
(1)On or after the effective date, no person, firm or corporations shall alter or remove a gas or
electric log insert or a woodstove insert from a fireplace for purposes of converting the fireplace
to directly burn wood or other solid fuel.
(2) On or after the effective date, no person, firm or corporations shall alter a fireplace,
woodstove or other solid fuel -burning appliance in any manner that would void its certification or
operations compliance with the provisions of this standard.
47
(F)Permits Required.
Section:
In addition to the provisions and restrictions of this standard, construction, installation or
alteration of all fireplace, woodstove and other gas, electric or solid fuel -burning appliances and
equipment shall be done in compliance with provisions of the Technical Codes and shall be
subject to the permits and inspections required by this Chapter.
ARTICLE 7-2: BUILDING CODE
7-2-1 Adoption By Reference
7-2-2 Amendments To The 2018 International Building Code.
§ 7-2-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Building Code published by the International Code Council, First Edition, August 2017,
including,
Appendix I — Patio Covers Amended
Appendix J — Grading Amended
§ 7-2-2 AMENDMENTS TO THE 2018 INTERNATIONAL BUILDING CODE.
(A) CHAPTER 1 SCOPE AND ADMINISTRATION is amended as follows:
(1)Section 101.1 of the 2018 International Building Code is amended to read, in its entirety, as
follows:
101.1 Title.These regulations shall be known as the Apache Junction Building Code,
hereinafter referred to as "this code."
(2)Section 101.2 through 116.5 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(B) CHAPTER 2 DEFINITIONS is amended as follows:
The following definitions have been added or amended to read as follows:
ADULT DAY HEALTH CARE FACILITY (ARS 36-401). A facility that provides adult day
health services during a portion of a continuous twenty -four-hour period for
compensation on a regular basis for five or more adults who are not related to the
proprietor. (added)
ADULT DAY HEALTH SERVICES (ARS 36-401). A program that provides planned care
supervision and activities, personal care, personal living skills training, meals and health
monitoring in a group setting during a portion of a continuous twenty -four-hour
48
period.Adult day health services may also include preventive, therapeutic and
restorative health -related services that do not include behavioral health services. (added)
ADULT DEVELOPMENTAL HOME (ARS 36-551). A residential setting in a family home
in which the care, physical custody and supervision of the adult client are the
responsibility, under a twenty -four-hour care model, of the licensee who, in that capacity,
is not an employee of the division or of a service provider and the home provides the
following services for a group of siblings or up to three adults with developmental
disabilities- room and board, habilitation, appropriate personal care and appropriate
supervision. (added)
ADULT FOSTER CARE HOME (ARS 36-401). A residential setting that provides room and
board and adult foster care services for at least one and no more than four adults who are
participants in the Arizona long-term care system pursuant to chapter 29, article 2 of this
title or contracts for services with the United States department of veterans affairs and in
which the sponsor or the manager resides with the residents and integrates the residents
who are receiving adult foster care into that person's family. (added)
ADULT FOSTER CARE SERVICES (ARS 36-401).Supervision, assistance with eating,
bathing, toileting, dressing, self -medication and other routines of daily living or services
authorized by rules adopted pursuant to section 36-405 and section 36-2939, subsection
C. (added)
ASSISTED LIVING CENTER (ARS 36-401). An assisted living facility that provides
resident rooms or residential units to eleven or more residents. (added)
ASSISTED LIVING FACILITY (ARS 36-401). A residential care institution, including an
adult foster care home, that provides or contracts to provide supervisory care services,
personal care services or directed care services on a continuous basis. (added)
ASSISTED LIVING HOME (ARS 36-401). An assisted living facility that provides resident
rooms to ten or fewer residents. (added)
BEHAVIORAL HEALTH SERVICES.Services that pertain to mental health and substance
use disorders.
COMMUNITY RESIDENTIAL SETTING (ARS 36-551). A residential setting in which
persons with developmental disabilities live and are provided with appropriate
supervision by the service provider responsible for the operation of the residential
setting.Community residential setting includes a child developmental home or an adult
developmental home operated or contracted by the department or the department's
contracted vendor or a group home operated or contracted by the department. (added)
DIRECTED CARE SERVICE (ARS 36-401). Programs and services, including supervisory
and personal care services that are provided to persons who are incapable of recognizing
danger, summoning assistance, expressing need, or making basic care decisions. (added)
EXISTING BUILDING.See definition § 7-1-2 (F). (delete and replace)
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EXISTING STRUCTURE.A structure in existence prior to 1985, or constructed 1985 or later
under an issued building permit, which has passed all required inspections. (delete and
replace)
GROUP HOME (ARS 36-551). A community residential setting for not more than six persons
with developmental disabilities that is operated by a service provider under contract with
the department and that provides room and board and daily habilitation, and other
assessed medically necessary services and supports to meet the needs of each
person.Group home does not include an adult developmental home, a child
developmental home or an intermediate care facility for persons with an intellectual
disability. (delete and replace)
GROUP TREATMENT HOME.A facility for social rehabilitation, substance abuse or
mental health problems that contains a group housing arrangement that provides
custodial care but does not provide medical care. (amended)
HEALTH CARE INSTITUTION (ARS 36-401). Every place, institution, building or agency,
whether organized for profit or not, that provides facilities with medical services, nursing
services, behavioral health services, health screening services, other health -related
services, supervisory care services, personal care services or directed care services and
includes home health agencies as defined in section 36-151, outdoor behavioral health
care programs and hospice service agencies.Health care institution does not include a
community residential setting as defined in section 36-551. (added)
INTERMEDIATE CARE FACILITY FOR PERSONS WITH AN INTELLECTUAL
DISABILITY (ARS 36-551). A facility that primarily provides health and rehabilitative
services to persons with developmental disabilities that are above the service level of
room and board or supervisory care services or personal care services as defined in
section 36-401 but that are less intensive than skilled nursing services. (added)
LICENSED CAPACITY (ARS 36-401). The total number of persons for whom the health
care institution is authorized by the department to provide services as required pursuant
to this chapter if the person is expected to stay in the health care institution for more than
twenty-four hours. (added)
NURSING CARE INSTITUTION (ARS 36-401).A health care institution that provides
inpatient beds or resident beds and nursing services to persons who need continuous
nursing services but who do not require hospital care or direct daily care from a physician.
NURSING HOMES.See Nursing Care Institution.
PERSONAL CARE SERVICE:Assistance with activities of daily living that can be performed
by persons without professional skills or professional training and includes the
coordination or provision of intermittent nursing services and the administration of
medications and treatments by a nurse who is licensed pursuant to Arizona Revised Statutes
title 32, chapter 15 or as otherwise provided by law. (delete and replace)
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RESIDENTIAL CARE INSTITUTION.A health care institution other than a hospital or a
nursing care institution that provides resident beds or residential units, supervisory care
services, personal care services, behavioral health services, directed care services or health-
related services for persons who do not need continuous nursing services. (added)
SUPERVISORY CARE SERVICE:General supervision, including daily awareness of resident
functioning and continuing needs, the ability to intervene in a crisis and assistance in the
self -administration of prescribed medications. (added)
(C) CHAPTER 3 OCCUPANCY CLASSIFICATION AND USE is amended to read as follows:
(1) Section 304.1 Business Group B is amended to read as follows:
To Ambulatory Care facilities add the following:
(where not more than five (5) persons are incapable of self-preservation, and these persons are
located at the floor/story at grade plane, with required exits at the grade plane.)
(2) Section 308.2 Institutional Group 1-1 is amended to read as follows:
308.2 Institutional Group I-1.Institutional Group I -I occupancy shall include buildings,
structures, or portions thereof, for the housing of more than ten (10) persons, excluding
staff, who reside on a twenty-four- (24) hour basis in a supervised environment and receive
custodial care, personal care service and/or supervisory care service. Buildings of Group I-
I shall be classified as one of the occupancy conditions specified in Section 308.2.1 or
308.2.2. This group shall include, but not be limited to, the following:
Behavioral health services facilities
Assisted living centers with more than ten (10) residents,licensed by the State of Arizona
Department of Health Services
Group treatment homes, with more than ten (10) residents,licensed by the State of
Arizona Department of Health Services
Halfway houses
Intermediate care facility for persons with an intellectual disability, with more than ten
(10) residents, licensed by the State of Arizona Department of Health Services.
Residential care institution, with more than ten (10) residents, licensed by the State of
Arizona Department of Health Services
Social rehabilitation facilities
308.2.3 Six to ten persons receiving supervisory and custodial care services.A facility
housing not fewer than six (6) and not more than ten (10) persons receiving supervisory
and custodial care services shall be classified as Group R-4.
(3) Section 308.3 Institutional Group 1-2 is amended to read as follows:
308.3 Institutional Group 1-2.Institutional Group 1-2 occupancy shall include buildings and
structures or portions thereoLused for medical care or direct care on a 24 -hour basis for
more than five persons who are incapable of self-preservation.This group shall include,
but not be limited to, the following:
51
Ambulatory Care facilities where more than five persons are incapable of self-
preservation
Assisted living center or assisted living home providing direct care services, where more
than five persons are incapable of self-preservation and are licensed by the State of
Arizona Department of Health Services.
Foster care facilities
Detoxification facilities
Hospitals;
Intermediate care facility for persons with an intellectual disability, providing direct care
services, where more than five persons are incapable of self-preservation, licensed by
the State of Arizona Department of Health Services.
Nursing Care Institutions;
Psychiatric hospitals;
Residential -care institution, providing direct care services, where more than 5 persons
are incapable of self-preservation, licensed by the State of Arizona Department of
Health Services
308.3.2 Five or fewer persons receiving medical care.A facility with five or fewer persons
receiving medical care that are incapable of self-preservation shall be classified as Group
R-3.
(4) Section 308.5 Institutional Group 1-4 is amended to read as follows:
308.5 Institutional Group 1-4, day care facilities.Institutional Group 1-4 occupancy shall
include buildings and structures occupied by more than five persons of any age who
receive custodial care, personal care service and/or supervisory care service for fewer
than 24 hours per day by persons other than parents or guardians, relatives by blood,
marriage, or adoption, and in a place other than the home of the person cared for. This
group shall include, but not be limited to, the following:
Adult Day Health Care Facilities, with five or more persons, licensed by the State of
Arizona Department of Health Services;
Child day care
(5) Section 310.3. Residential Group R-2 amend as follows:
Add the following after Motels (nontransient)- Residential condominiums
(6) Section 310.4 Residential Group R-3 is amended to read as follows:
310.4 Residential Group R-3.Residential Group R-3 occupancies where the occupants are
primarily permanent in nature and not classified as R-1, R-2, R-4, or 1, including:
Adult developmental home,licensed by the State of Arizona Department of Health
Services
Adult Foster Care Home, licensed by the State of Arizona Department of Health Services
Buildings that do not contain more than two (2) dwelling units
Congregate living facilities (nontransient) with 16 or fewer occupants
Boarding houses (nontransient)
Convents
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Dormitories
Fraternities and sororities
Monasteries
Congregate living facilities (transient) with 10 or fewer occupants
Boarding houses (transient)
Group Home (ARS 36-551)
Lodging houses (transient) with five or fewer guest rooms and 10 or fewer occupants
(7) Section 310.5 Residential Group R-4 is amended to read as follows:
310.5 Residential Group R-4.Residential Group R-4 occupancy shall include buildings,
structures or portions thereof for more than five but not more than ten (10) persons,
excluding staff, who reside on a 24 -hour basis in a supervised residential environment
and receive custodial care, personal care service and/or supervisory care service. Building
of Group R-4 shall be classified as one of the occupancy conditions indicated below. This
group shall include, but not be limited to, the following:
Behavioral health services facilities
Assisted living home, licensed by the State of Arizona Department of Health Services
Group Treatment Homes
Halfway Houses
Intermediate care facility for persons with an intellectual disability, providing direct care
services, where no more than five persons are incapable of self-preservation, licensed
by the State of Arizona Department of Health Services.
Residential -care institution, providing direct care services, where no more than 5 persons
are incapable of self-preservation, licensed by the State of Arizona Department of
Health Services
Social rehabilitation facilities
(D) CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON OCCUPANCY AND
USE is amended as follows:
(1) Section 404.3 Automatic sprinkler protection is amended by deleting Exception I.
404.3 Automatic sprinkler protection.An approved automatic sprinkler system shall be
installed throughout the entire building.
Exceptions:
1. Where the ceiling of the atrium is more than 55 feet (16,764 mm) above the floor,
sprinkler protection at the ceiling of the atrium is not required.
(2) 410.6 Automatic sprinkler system is amended by deleting exception #2:
410.6 Automatic sprinkler system.Stages shall be equipped with an automatic sprinkler
system in accordance with Section 903.3.1.1. Sprinklers shall be installed under the roof
and gridiron and under all catwalks and galleries over the stage. Sprinklers shall be
installed in dressing rooms, performer lounges, shops and storerooms accessory to such
stages.
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Exceptions:
1. Sprinklers are not required under stage areas less than 4 feet (1219 mm) in
clear height that are utilized exclusively for storage of tables and chairs,
provided that the concealed space is separated from the adjacent spaces by
Type X gypsum board not less than 5/8 -inch (15.9 mm) in thickness.
2. Sprinklers are not required within portable orchestra enclosures on stages.
(E) CHAPTER 7 FIRE AND SMOKE PROTECTION FEATURES is amended as follows
(1) Section 707.3.11 Electrical Rooms with Service Entrance Equipment is added and shall read
as follows:
707.3.11 Electrical Rooms with Service Entrance Equipment.Fire -resistance rated walls
and/ or horizontal assemblies, with a fire -resistance rating of one hour shall be provided to
separate an electrical room containing service entrance equipment from adjacent rooms
and spaces.
(F) CHAPTER 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS is amended as follows:
(1) Section 903.3.1.1.1 is amended by deleting item number 4.
(G) CHAPTER 10 MEANS OF EGRESS is amended as follows:
(1) Section 1010.1.10 Panic and fire exit hardware is amended as follows:
In the second paragraph delete the words "and over 6 feet (1,829mm) wide."
(H) CHAPTER 11 ACCESSIBILITY is amended as follows:
(1) Section 1101 GENERAL is amended as follows:
1101.1 Scope.The provisions of this chapter and the "Arizonans with Disabilities Act"
Arizona Revised Statutes Title 41, Chapter 9, Article 7 and 8, and Arizona
Administrative Code, Title 10, Chapter 3, Article 4 shall control the design and
construction of facilities for accessibility for individuals with disabilities.
1101.2 Where the requirements of this Chapter or the ICC/ANSI A117.1 are at variance from
the requirements set forth in Arizona Revised Statutes Title 41, Chapter 9, Articles 7 and
8, and the "Arizonans with Disabilities Act Implementing Rules, "Arizona
Administrative Code, Title 10, Chapter 3, Article 4, the State Statute and implementing
rules shall govern.
(2) Section 1102.1 Design is amended by adding the following:
1102.1 Design.Buildings and facilities shall be designed and constructed to be accessible in
accordance with this code and ICC A117.1 and in accordance with provisions Arizona
Administrative Code R10-3-401 through R-10-3-404. The "2010 Standards" includes
"Public Entities," appendices B and D to 36 CFR 1191(2009) and 28 CFR 35.151 (2011)
and "Places of public accommodation and commercial facilities" appendices B and D to
36 CFR 1191(2009) and 28 CFR 36.401 through 36.406 (2011), whichever standard
provides the greatest degree of accessibility.
54
(3) Section 1103.2.5 Construction sites is amended and reads as follows:
1103.2.5 Construction sites.Structures, sites and equipment directly associated with the
actual processes of construction including, but not limited to, scaffolding, bridging,
materials hoists, materials storage or construction trailers are not required to comply with
this chapter. The public portions of temporary sales offices/trailers are required to be
accessible. There shall be accessible parking and an accessible route from the accessible
parking aisle to the sales office/trailer and throughout the public portion of the sales
office/trailer, including the design center. Accessible toilet rooms shall be provided
according to this code.
(I) IBC CHAPTER 12 INTERIOR ENVIRONMENT is amended as follows:
(1) Section 1204.1 Equipment and Systems.Delete and replace with:
1204.1 Equipment and systems.Interior spaces intended for human occupancy shall be
provided with heating per Section 1204.1.1 and cooling per Section 1204.1.2.
1204.1.1 Heating
Heating facilities shall be provided, capable of maintaining room temperature at 68°F (20°C)
in all habitable rooms, bathrooms and toilet rooms, based on the winter design temperature of
34°F (01°C) for Phoenix, per Appendix D of the International Plumbing Code. Cooking
appliances shall not be used to provide space heating to meet the requirements of this section.
Exceptions:Heating systems are not required for:
1. Interior spaces where the primary purpose of the space is not associated with human
comfort.
2. Group F, H, S or U occupancies.
1204.1.2 Cooling
Cooling facilities shall be provided, capable of maintaining room temperature at 85°F (29°C)
in all habitable rooms, bathrooms and toilet rooms, based on the summer design temperature
of 107°F (42°C) for Phoenix, per Appendix D of the International Plumbing Code.
Exceptions:Cooling systems are not required for:
1. Interior spaces where the primary purpose of the space is not associated with human
comfort.
2. Group F, H, S or U occupancies.
(3) CHAPTER 16 STRUCTURAL DESIGN is amended as follows:
(1) Table 1607.1, #25 Residential is amended to read as follows:
Habitable Attics and Sleeping Areas: 40
(2) Section 1609.3 Basic design wind speed is amended to read as follows:
55
1609.3 Basic design wind speed.At the end of the first sentence add "or by using the following
wind speeds: Risk Category I — 100 mph; Risk Category II — 105 mph; Risk Category III —
110 mph; and Risk Category IV — 115 mph."
(3) Section 1612.3 Establishment of flood hazard areas is amended to read as follows:
Section 1612.3 Establishment of flood hazard areas."The Flood Insurance Study (FIS) for
the City of Apache Junction dated March 30, 1982," with accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs)
revised December 4, 2007, establishes the flood hazard areas located in the City of
Apache Junction.
(K) CHAPTER 17 SPECIAL INSPECTIONS AND TESTS is amended as follows:
(1) Section 1704.3 Statement of Special Inspections is by amended by deleting the Exception.
(2) Section 1704.6.1 Structural observations for structures is amended by adding additional
conditions.
1704.6.1 Structural observations for structures.Structural observations shall be provided for
those structures where one or more of the following conditions exist:
1. The structure is classified as Risk Category IV.
2. The structure is a high-rise building.
3. Such observation is required by the registered design professional responsible for the structural
design.
4. Such observation is specifically required by the building and safety manager.
5. The height of the structure is greater than 75 feet (22.860mm) above the grade plane.
6. The structure has more than three stories above the grade plane.
7. Elevated post -tensioned concrete structures.
8. Prefabricated deferred units and their connections when such units are utilized structurally in
the lateral force -resisting systems of a structure.
(3) Section 1704.7 is added as follows:
1704.7 Mechanical, electrical and plumbing observations.
1704.7.1 General.
The owner shall employ the registered design professional responsible for the mechanical,
electrical or plumbing design, or another registered design professional designated by the
registered design professional responsible for the mechanical, electrical or plumbing design, to
perform visual observation of complex mechanical, electrical or plumbing equipment and
systems for general conformance to the approved plans and specifications, including but not
limited to, placement and interconnection of equipment and systems. Mechanical, electrical or
plumbing observation shall be performed at significant stages of the construction and when the
particular installation is complete and ready to be inspected. Mechanical, electrical or plumbing
observations are in addition to the inspections required by Section 7-1 7 of the Apache Junction
Building Code and the special inspections required by Section 1705.19, 1705.20 and 1705.21.
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1704.7.1.1 Procedures.
The registered design professional responsible for mechanical, electrical or plumbing
observation shall personally visit the site prior to completion of the Certificate of Compliance
and periodically during the course of construction requiring mechanical, electrical or
plumbing observation as set forth in the inspection and observation program for each project.
The registered design professional responsible for performing mechanical, electrical or
plumbing observation shall complete a signed written report after each site visit. A copy of
each report shall be kept on the job site for review by an inspector at all times until the
inspector has issued final approval. Any and all deviations from the approved plans or
specifications shall be immediately reported to the contractor for correction and then, if
uncorrected, shall be reported to the registered design professional in responsible charge and
to the building and safety manager.
In addition to individual reports, the registered design professional in responsible charge shall
file with the building and safety manager a written monthly progress report indicating the
dates of each site visit, the special inspections or observations performed, any deviations
noted from approved plans and specifications and any resulting instructions or change orders
issued to the contractor.
1704.7.1.2 Certificate of compliance.
Upon completion of the portions of the work requiring mechanical, electrical or plumbing
observation, a Certificate of Compliance shall be issued to the building and safety manager
under the seal and signature of the registered design professional responsible for such
observation. A Certificate of Occupancy will not be issued until the building and safety
manager receives all required special observation reports and the Certificates of Compliance.
The Certificate of Compliance for mechanical, electrical or plumbing observation shall read
as follows:
"I certify to the best of my knowledge the [mechanical, electrical or plumbing]
requirements of the Apache Junction Building Code and approved plans and
specifications have been complied with insofar as the portion of the work requiring
[mechanical, electrical or plumbing] observation is concerned, except for those deviations
that have been previously reported. A guarantee that the contractor has constructed the
building in full accord with the plans and specifications is neither intended nor implied."
1704.7.2 Mechanical, electrical and plumbing required observations.
1704.7.2.1 Mechanical observation.Mechanical observation shall be provided when one of
the following conditions exist:
1. A complex exhaust system is required for a hazardous condition or occupancy.
57
2. When such observation is specifically required by the building and safety manager.
1704.7.2.2 Electrical observation.Electrical observation shall be provided when one of the
following conditions exist:
1. Installations or alterations of high -voltage electrical systems, which exceed 1000 volts.
2. Installations or alterations of electrical systems within locations classified as hazardous
by the provisions of adopted the National Electric Code, or the International Fire Code,
except for gasoline dispensing installations and systems located within storage garages,
repair garages or lubritoriums.
3. When such observation is specifically required by the building and safety manager.
1704.7.2.3 Plumbing observation.Plumbing observation shall be provided when one of the
following conditions exist:
1.When such observation is specifically required by the building and safety manager.
(4)New sections,1705.19 Electrical special inspections,1705.20 Mechanical special inspections,
and 1705.21 Plumbing special inspections are added at the end of section 1705 and read as follows:
1705.19 Electrical special inspections.
The types of equipment or installations noted below shall be tested or inspected by a special
inspector.
1. Ground -fault protection of equipment ("GFPE") required under Article 230.95, shall be
performance tested per Art. 230.95 (C). The results of the testing shall be submitted to the
building and safety manager prior to the energizing of the equipment.
2. Installation or repair of switchboards, panelboards, motor control centers, and other
equipment rated 1,200 amps or more; or over 1000 volts.
3. Installation or alteration of essential electrical systems required under Art. 517 Health Care
Facilities, emergency systems covered by Art. 700 Emergency Systems and systems covered
by Art. 701 Legally Required Standby Systems, including switchboards, panel boards,
distribution boards, transfer equipment, power source, conductors, fire pumps, and exhaust
and ventilation fans.
4. Transformers rated 100 KVA or more, single phase; or 300 kVA or more, three phase.
5. When electrical special inspection is specifically required by the building and safety
manager.
Exception:The building and safety manager may waive the requirement for special inspection if
the construction is of a minor nature.
1705.20 Mechanical special inspections.
The types of equipment or installations noted below shall be tested or inspected by a special
inspector in accordance with regulations established by the building and safety manager:
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1. Duct smoke detectors for air distribution systems as required by International Mechanical
Code section 606.5.
2. Fire, fire / smoke, radiation and smoke damper operation for dampers required by
International Mechanical Code section 607.3.
3. Installation of grease duct enclosure alternative systems allowed under the exceptions to
the International Mechanical Code section 506.3.11 where the grease exhaust duct passes
completely through one or more stories above.
4. Test and Balance report for air balance of ventilation systems installed in ambulatory care
and 1-2 occupancies designed and installed in accordance with ASHRAE 170 as required by
International Mechanical Code section 407.1.
5. When mechanical special inspection is specifically required by the building and safety
manager.
Exception:The building and safety manager may waive the requirement for special
inspection if the construction is of a minor nature.
1705.21 Plumbing special inspections.The types of equipment or installations noted below shall
be tested or inspected by a special inspector.
I. Nonflammable medical gas systems, inhalation anesthetic systems and vacuum piping
systems, except portable systems or cylinder storage.
2. When plumbing special inspection is specifically required by the building and
safety manager.
Exception:The building and safety manager may waive the requirement for special inspection
if the construction is of a minor nature.
(L) CHAPTER 18 SOILS AND FOUNDATIONS is amended as follows:
A new section,1803.5.13 Post -tensioned slabs on ground,is added at the end of section 1803.5
and reads as follows:
Section 1803.5.13 Post -tensioned slabs on ground.A geotechnical investigation is required for
the design of all post -tensioned slabs on ground. The investigation report shall include all soil
parameters as outlined in PTI DC -10.5. Information required on the drawings includes, but is not
limited to, slab type, soil parameters, bearing value and depth, coefficient of subgrade friction,
soil subgrade modulus, ein and y in for expansive soils and all special inspection requirements.
(M) CHAPTER 19 CONCRETE is amended as follows:
A new section,1907.2 Post -tensioned slabs on ground,is added at the end of section 1907 and
reads as follows:
Section 1907.2 Post -tensioned slabs on ground.All post -tensioned slabs on ground shall be
permanently stamped, marked or otherwise identified in a conspicuous location indicating the
slab is a post -tensioned slab. Conspicuous locations include, but are not limited to, entrance
porches, slabs at garage doors or patio slabs.
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(N) CHAPTER 21 MASONRY is amended as follows:
Section 2111.1 General.The construction of masonry fireplaces, consisting of concrete or
masonry, shall be in accordance with this section and Article 7-1-12 of Chapter 7 Buildings.
(0) CHAPTER 29 PLUMBING SYSTEMS is amended to read as follows:
Table 2902.1 Minimum Number of Required Plumbing Fixtures is amended as follows:
Revise footnote "e" to read as follows: For business and mercantile classifications with an
occupant load of 25 or fewer, a service sink shall not be required. This exception does not apply
to any B or M occupancy where food or drink is prepared and served.
Add new footnote "g" to read as follows:
g. 24 inches (610 mm) of a linear wash sink or 18 inches (457 mm) of a circular wash basin shall
be provided for each faucet to be counted toward the required lavatories.
(P) CHAPTER 32 ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY is amended as
follows:
Section 3201 GENERAL is amended to read as follows:
3201.1 Scope.The provisions of the City of Apache Junction City Code, Chapter 13 shall govern
the encroachments of structures into the public right-of-way.
Sections 3201.2 through 3202.4 are deleted in their entirety.
(Q) APPENDIX I PATIO COVERS is amended as follows:
(1)Amend Title to APPENDIX I PATIO ROOMS.
(2) 1101.1 General.Patio rooms shall be permitted to be detached from or attached to dwelling
units. Patio rooms shall be used only for recreational, outdoor living purposes and not as carports,
garages, storage rooms or habitable rooms.
(3) 1102.1 General.The following term shall, for the purposes of this appendix, have the meaning
shown herein. Refer to Chapter 2 of this code for general definitions.
PATIO ROOM.A structure with open or glazed walls that is used for recreational, outdoor living
purposes associated with a dwelling unit.
(4) 1104.1 Height.Patio rooms shall be limited to one-story structures not more than 12 feet in
height.
(5) 1105.1 Design loads.Patio rooms shall be designed and constructed to sustain, within the stress
limits of the code, all dead loads plus a vertical live load of 10 pounds per square foot (0.48 kN/m2)
except that snow loads shall be used where such snow loads exceed this minimum. Such patio
rooms shall be designed to resist the minimum wind and seismic loads set forth in this code.
(6) 1105.2 Footings.In areas with a frost depth of zero, a patio room shall be permitted to be
supported on a concrete slab on grade without footings, provided that the slab conforms to the
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Section:
provisions of Chapter 19 of this code and is not less than 3 1/2 inches (89 mm) thick, and the columns
do not support loads in excess of 750 pounds (3.36 IcN) per column.
ARTICLE 7-3 ACCESSIBILITY CODE
7-3-1 Adoption by Reference
7-3-2 Amendments to ICC A117.1-2017 Accessible and Usable Buildings and Facilities
§ 7-3-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
ICC A117.1-2017 Accessible and Usable Buildings and Facilities published by the International Code
Council, First Edition, February 2018,
§ 7-3-1 AMENDMENTS TO THE ICC A117.1-2017 ACCESSIBLE AND USABLE BUILDINGS
AND FACILITIES.
CHAPTER 1 APPLICATION AND ADMINISTRATION is amended as follows:
Section 101 TITLE is amended by adding the following paragraph:
This document shall be known as the standard for Accessible and Usable Buildings and
Facilities, hereinafter referred to as "this standard." This standard provides supplementary
codes, provisions and information to the "Arizonans with Disabilities Act" Arizona Revised
Statutes Title 41, Chapter 9, Article 7 and 8, and Arizona Administrative Code, Title 10,
Chapter 3, Article 4 and may be used for the design and construction of buildings and
facilities for the accessibility of individuals with disabilities.
Where the requirements of this standard are at variance from the requirements set forth in
"Arizonans with Disabilities Act" Arizona Revised Statutes Title 41, Chapter 9, Articles 7
and 8, and the "Arizonans with Disabilities Act Implementing Rules, "Arizona
Administrative Code, Title 10, Chapter 3, Article 4, the State Statutes and implementing rules
shall govern.
ARTICLE 7-4 RESIDENTIAL CODE
Section
7-4-1 Adoption By Reference
7-4-2 Amendments to the 2018 International Residential Code
§ 7-4-1 ADOPTION BY REFERENCE
The following publication is hereby adopted by reference as if set out at length in this code:
2018 International Residential Code published by the International Code Council, First Edition, August
2017, including
Appendix H Patio Covers amended.
61
§ 7-4-2 AMENDMENTS TO THE 2018 INTERNATIONAL RESIDENTIAL CODE.
(A) CHAPTER 1 SCOPE AND ADMINISTRATION is amended as follows:
(1)Section 101.1 of the 2018 International Residential Code is amended to read, in its entirety, as
follows:
101.1 Title.These regulations shall be known as the Apache Junction Residential Code,
hereinafter referred to as "this code."
(2)Section 101.2 through 114.2 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(B)Section R202 DEFINITIONS is amended as follows:
FIRE SEPARATION DISTANCE.The distance measured from the face of the wall framing to
one of the following:
1. to the closest interior lot line.
2. To the centerline of a street, an alley or public way.
3. To an imaginary line between two buildings on the lot.
The distance shall be measured at a right angle from the face of the wall framing.
WOODSTOVE.A solid -fuel burning heating appliance including a pellet stove, which is either
freestanding or designed to be inserted into a fireplace.
(C) Chapter 3 Building Planning is amended as follows:
(1)Section R301.2.1.1.1 is deleted.
(2) Table R301.2 (1)is completed as follows:
GROUND SNOW LOAD: n/a
WIND DESIGN:
Speed (mph): 105
Topographic effects: Yes
Special Wind Region: No
Windborne debris zone: No
SEISMIC DESIGN CATEGORY: B
SUBJECT TO DAMAGE FROM:
Weathering: Negligible
Frost line depth: Final grade
Termites: Moderate to heavy
WINTER DESIGN TEMPERATURE: 34
ICE BARRIER UNDERLAYMENT REQUIRED: No
FLOOD HAZARDS: See Apache Junction City Code Vol. II Ch. 5
AIR FREEZING INDEX: n/a
MEAN ANNUAL TEMPERATURE: 69.6°F
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MANUAL J DESIGN CRITERIA
Elevation: 1720 feet
Latitude: 33
Winter heating: 34 degrees
Summer cooling: 108 degrees
Altitude correction factor:
Indoor design temperature:
Design temperature cooling: 75 degrees
Heating temperature difference:
Cooling temperature difference:
Wind velocity heating:
Wind velocity cooling:
Coincident wet bulb: 69 degrees
Daily range: 30
Winter humidity:
Summer humidity:
(3)Section R301.5 Live Load is amended by Revising Table R301.5 as follows: Change live load for
"Sleeping rooms" from 30 psf to 40 psf, and the live load for Habitable attics and attics with fixed stairs
From 30 psf to 40 psf.
MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS
(in pounds per square foot)
USE LIVE LOAD
Uninhabitable attics without storage'
Uninhabitable attics with limited storage'.g
Habitable attics and attics served with fixed stairs
Balconies (exterior) and decks`
Fire escapes
Guards and handrailsd
Guard in -fill components'.
: Passenger vehicle garagesa
Rooms other than sleeping rooms
Sleeping rooms
Stairs
(4) Table 302.1(1) Exterior Walls is amended as follows:
10
20
30 40
40
40
200'
50'
40
30 40
40'
Penetrations All Comply with Section R302.4 < 5feet
None required 5 feet
Delete footnote b.
(5) Section R302.2.6 is amended by deleting exception 5.
(6) Section R303 LIGHT, VENTILATION AND HEATING is amended as follows:
Section R303.10 is deleted and replaced with the following:
R303.10 Required heating and cooling.Dwellings shall be provided with heating per Section
R303.10.1 and cooling per Section R303.10.2.
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R303.10.1 Heating
Heating facilities shall be provided, capable of maintaining room temperature at 68°F (20°C)
in all habitable rooms, bathrooms and toilet rooms, based on the winter design temperature of
34°F (01°C) for Phoenix, per Appendix D of the International Plumbing Code. Cooking
appliances shall not be used to provide space heating to meet the requirements of this section.
Exceptions:Heating systems are not required for:
1. Interior spaces where the primary purpose of the space is not associated with human
comfort.
2. Group U occupancies.
R303.10.2 Cooling
Cooling facilities shall be provided, capable of maintaining room temperature at 85°F (29°C)
in all habitable rooms, bathrooms and toilet rooms, based on the summer design temperature
of 107°F (42°C) for Phoenix, per Appendix D of the International Plumbing Code.
Exceptions:Cooling systems are not required for:
; . Interior spaces where the primary purpose of the space is not associated with human
comfort.
2. Group U occupancies.
(7) Sectioo R309.2 Carports is amended by deleting the exception.
(8) Section R313 AUTOMATIC FIRE SPRINKLER SYSTEMS is amended as follows:
R313.2 One- and Two-family dwellings automatic fire sprinkler systems.An automatic
residential fire sprinkler system may be installed in one and two-family dwellings using Section
P2904 or NFPA 13D for the design.
Delete R313.2.1.
(9) Section R320 Accessibility is amended by adding two new Sections R320.2 and R320.3 to read as
follows:
R320.2 No -Step Entrance.At least one (1) model home dwelling unit in every model home complex
shall have a no -step entrance to serve as a demonstration of the builder's method of providing a no-
step entry as an option for new home construction.Model dwellings selected to demonstrate this
option, and all dwelling units providing this option, shall be served by a route of travel meeting the
following requirements:
1.A continuous no -step path connecting each subdivision sales office or public way to an
entrance of the unit.
2.A route of travel that consists of a firm stable, and slip -resistant surface with a minimum
continuous width of thirty-six inches (36") and a minimum clear height of seven feet (7')
above the route.
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3.The running slope of such route shall not exceed one to twelve (1:12).
4.A minimum forty-eight inches by forty-eight inches (48" X 48") maneuvering space on the
exterior side of the door constructed with less than two percent (2%) slope in any direction.
5.A minimum thirty-two inch (32") clear -opening door with a threshold not exceeding one-
half inch (1/2").
6.Identification by readily viewable signage.
R320.3 Model Home Sales Office Restrooms.If public restrooms are provided for residential
development models, such restroom facilities shall be accessible and shall be provided by either of
the following methods:
1.Converting one (1) ground -floor model home restroom into an ADA-accessible unisex
facility; or
2.Providing one (1) ADA-accessible unisex portable toilet and hand -washing unit located on
an accessible route. The accessible portable toilet facility shall be removed when the Sales
Office is permanently closed.
(D) Chapter 4 Foundations is amended as follows:
(1) Table 401.4.1 is amended as follows:
PRESUMPTIVE LOAD -BEARING VALUES OF FOUNDATION MATERIALS a
Class of Material
Crystalline Bedrock
Sedimentary and Foliated Rock
Sandy Gravel and/or Gravel
(GW and GP)
Sand, Silty Sand, Clayey Sand, Silty Gravel and
Clayey Gravel
(SW, SP, SM, SC, GM and GC)
Clay, Sandy Clay, Silty Clay, Clayey Silt, Silt and Sandy
Silt
(CL, ML, MH and CH)
(2) Section R403 Footings is amended as follows:
: Load -Bearing Pressure
(Pounds per Square Foot)
12,000
4,000
3,000
1,500 b
1,500 6
R403.1 General is been amended by adding an exception to read as follows:
Exception:Existing patio and carports, 400 square feet or less, that are enclosed and occupied
as livable and/or non -livable areas are not required to provide a continuous exterior footing
when the existing load bearing post and beam construction remain in place and a thickened
footer or pad are evident under the post.
65
(E) Chapter 5 Floors is amended as follows:
Section R502.11.4 Truss Design Drawings.Truss design drawings, prepared in compliance with
Section 502.11.1, shall be submitted to the building and safety manager and approved prior to
permit issuance. (the rest is the same)
(F) Chapter 6 Wall Construction is amended as follows
Add Section R601.2.2 to the end of Section R601.
R601.2.2 Framing Connections.Framing details for bearing walls and posts shall be such that all
components are tied together with positive connections to transmit wind uplift forces from the roof
to the foundation. Nails loaded in withdrawal by such forces shall not be considered as positive
connections.
Approved metal framing anchors shall be provided at the top and bottom of every other stud of a
wood -frame bearing wall, except where structural panel sheathing is nailed directly to the studs, top
plate and bottom plate in accordance with Table R602.3(1). Floor -to -floor connections shall have
approved metal strap ties at a maximum of 48 inches on center, except where justified by an
engineered analysis that bears the seal of a registered design professional. Each truss, joist and
rafter shall be connected to the top plate of the supporting wall with an approved metal framing
anchor or other approved method. The framing anchor shall be of the type that connects to both
members of the double top plate. Beams shall be anchored to supporting walls and posts with
approved metal framing connectors.
(G) Chapter 8 Roof -Ceiling Construction is amended as follows:
(1)Section R802.10.1. Truss Design Drawings.Truss design drawings, prepared in conformance
to Section 802.10.1, shall be provided to the building official and approved prior to permit issuance.
(the rest is the same)
(2) Section R806.1 Ventilation is amended by adding the following exception:
Exception:Enclosed attic and rafter spaces are not required to be ventilated where the height
between the top of the ceiling material and the bottom of the roof sheathing is no greater than 24
and radiant barrier sheathing is installed at the roof.
(H) Chapter 9 Roof Assemblies is amended as follows:
Section R905.5 Mineral -surfaced roll roofing,is revised by adding the following:
905.5.6 Drip edge.
A drip edge shall be provided at eaves and rake edges. Adjacent segments of drip edge shall overlap
at least 2 inches (51 mm). Drip edges shall extend at least 1/4 inch (6.4 mm) below the roof
sheathing and extend onto the roof deck at least 2 inches (51 mm). Drip edges shall be fastened to
the roof deck not less than 12 inches (305 mm) on center with fasteners specified in Section
R905.2.5. Underlayment shall be installed over the drip edge along eaves, and under the drip edge
along rake edges.
(I) Chapter 10 Chimneys and Fireplaces is amended as follows:
(1)Section R1001.1 General is amended as follows:
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R1001.1 General.Masonry fireplaces shall be constructed in accordance with this section and the
provisions of Chapter 3 and 4, and the Apache Junction City Code Chapter 7 Art 7-1-12 STANDARD
FOR FIREPLACES, WOOD STOVES AND OTHER SOLID FUEL BURNING DEVICES.
(2) Section R1004.1 General is amended as follows:
R1004.1 General.Factory -built fireplaces shall be listed and labeled and shall be installed in
accordance with the conditions of the listing, and the Apache Junction City Code Chapter 7 Art 7-1-12
STANDARD FOR FIREPLACES, WOOD STOVES AND OTHER SOLID FUEL BURNING
DEVICES. Factory -built fireplaces shall be tested in accordance with UL 127.
(J) Chapter 26 General Plumbing Requirements
Section P2603.5.1 is amended as follows:
P2603.5.1 Sewer depth.Building sewers shall be not less than 12 inches below grade.
(K) Chapter 29 Water Supply and Distribution is amended as follows:
(1) IRC Table P2903.2 MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING
FIXTURES AND FIXTURE FITTINGS is amended as follows:
TABLE P2903.2: MAXIMUM FLOW RATES AND CONSUMPTION FOR
PLUMBING FIXTURES AND FIXTURE FITTINGSb
PLUMBING FIXTURE OR FIXTURE
FITTING
MAXIMUM FLOW RATE OR QUANTITY
Lavatory faucet 1.5 gpm at 60 psi
Shower Heada 2.0 gpm at 80 psi
Sink faucet 2.0 gpm at 60 psi
Water closet 1.28 gallons per flushing cycle
Urinals 0.5 gallon per flushing cycle
Add footnotes:
c. A 1.6 -gallon flush toilet is permitted where no other fixtures are upstream of the drain line connection.
d. The effective flush volume of a dual -flush water closet is defined as the composite, average flush
volume of two reduced flushes and one full flush.
(2) Section P2910 Nonpotable water systems is amended by adding a subsection P2910.1.1 to read
as follows:
P2910.1.1 Conflicts.No reference to requirements for gray water recycling systems in this section
shall be construed as allowing installations in violation of Arizona Department of Environmental
Quality requirements. Where conflicts exist between the requirements of this section and the Arizona
Department of Environmental Quality requirements, the Arizona Department of Environmental
Quality requirements shall govern.
(L) APPENDIX H PATIO COVERS is amended as follows:
(1)Amend Title to APPENDIX H PATIO ROOMS.
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(2) AH101.1 Scope.Patio rooms shall conform to the requirements of Sections AH101 through
AH106.
AH101.2 Permitted uses.Patio rooms detached from or attached to dwelling units shall be used
only for recreational, outdoor living purposes and not as carports,garages, storage rooms or
habitable rooms.
(3) AH102.1 General.The following word and term shall, for the purposes of this appendix, have
the meaning shown herein. Refer to Chapter 2 of this code for general definitions.
PATIO ROOM.A structure with open or glazed walls that is used for recreational, outdoor living
purposes associated with a dwelling unit.
(4) AH104.1 Height.Patio rooms are limited to one-story structures not exceeding 12 feet in
height.
(5) AH105.1 Design loads.Patio rooms shall be designed and constructed to sustain, within the
stress limits of the code, all dead loads plus a vertical live load of 10 pounds per square foot (0.48
kN/m 2) except that snow loads shall be used where such snow loads exceed this minimum. Such
patio rooms shall be designed to resist the minimum wind and seismic loads set forth in Section
R301.2.1.
(6) A11105.2 Footings.In areas with a frost depth of zero as specified in Table R301.2 (1), for patio
rooms supported on a concrete slab -on -grade without footings,the slab shall conform to the
provisions of Section R506, shall not be less than 3.5 inches (89 mm) thick, and the columns shall
not support live and dead loads in excess of 750 pounds (3.36 kN) per column.
ARTICLE 7-5 ELECTRICAL CODE
Section
7-5-1 Adoption by Reference
7-5-2 Amendments to the 2017 National Electrical Code.
§ 7-5-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2017 National Electrical Code, published by the National Fire Protection Association, 54th Edition, August
2016.
§ 7-5-2. AMENDMENTS TO THE 2017 NATIONAL ELECTRICAL CODE.
(A) ARTICLE 80 Title is added as follows:
80.1 Title.These regulations shall be known as the Apache Junction Electrical Code, may be cited as
such and will be referred to herein as "this Code." For administration of this Code, refer to
Chapter 7,Article 7-1 Apache Junction Division of Building Safety and Inspection
Administrative Code.
(B) ARTICLE 100 Definitions is amended as follows:
68
Revise Authority Having Jurisdiction to read as follows: The Authority Having Jurisdiction
("AHJ") is the Apache Junction Division of Building Safety and Inspection.
Revise Kitchen to read as follows:Kitchen (Commercial or Institutional Kitchen and Bar areas).
For the purposes of the Electrical Code, a kitchen or bar is defined as any area where food or
beverage is prepared, served or dispensed.
(C) Article 230.70 (B) Marking is amended to read as follows:
230.70 (B) Marking.Each service disconnect shall be permanently marked to identify it as a service
disconnect. Markings shall be of sufficient durability to withstand the environment involved.
Identifying labels required for disconnecting means shall have engraved or raised letters and be
secured by screws or rivets (plastic tape shall not be considered durable material).
Section
ARTICLE 7-6: PLUMBING CODE
7-6-1 Adoption by Reference
7-6-2 Amendments to the 2018 International Plumbing Code.
§ 7-6-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Plumbing Code, published by the International Code Council, 2 Printing, February
2018, including,
Appendix C- Structural Safety
Appendix E- Sizing of Water Piping System
§ 7-6-2 AMENDMENTS TO THE 2018 INTERNATIONAL PLUMBING CODE.
(1)Section 101.1 of the 2018 International Plumbing Code is amended to read, in its entirety, as
follows:
101.1 Title.These regulations shall be known as the Apache Junction Plumbing Code,
hereinafter referred to as "this code."
(2)Section 101.2 through 110.4 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(3) Section 305.4.1 is amended as follows:
305.4.1 Sewer depth.Building sewers shall be not less than 12 inches below grade.
(4)Section 424.1 Approval is amended by adding as follows:
424.1.1 Water Supply.Waterless urinals shall have a water supply, sufficient to supply a water-
using urinal, roughed in within 12 inches of a potential valve location. The rough -in can be
enclosed behind the finished wall.
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(5)Revise Table 604.4 MAXIMUM FLOW RATES AND CONSUMPTION FOR
PLUMBING FIXTURES AND FIXTURE FITTINGS as follows:
PLUMBING FIXTURE OR FIXTURE
FITTING
MAXIMUM FLOW RATE OR QUANTITY
Lavatory, private
.
1.5 gpm at 60 psi
Lavatory, public (metering)0.25 gallon per metering cycle
Lavatory, public (non -metered)0.5 gpm at 60 psi
Shower head (including hand-held)2.0 gpm at 80 psi
Sink faucet 2.0 gpm at 60 psi
Urinal 0.5 gallons per flushing cycle
Water Closet 1.28 gallons per flushing cycle
Add footnotes:
c. A 1.6 -gallon flush toilet is permitted where no other fixtures are upstream of the drain line connection.
d. The effective flush volume of a dual -flush water closet is defined as the composite, average flush
volume of two reduced flushes and one full flush. In public settings, the maximum water use of a dual
flush water closet is based solely on its flush operation, not the average of full and reduced volume
flushes.
Section
(6)Section 903.1 Roof extension is amended as follows
903.1 Roof extension.Open vent pipes that extend through a roof shall be terminated not less
than 6 inches above the roof and not less than 12 inches horizontally from any vertical surface.
Where a roof is to be used for assembly occupancy, or as a promenade, observation deck,
sunbathing deck or similar purposes, vent pipes shall terminate not less than 9 feet above the deck
and be properly supported and protected against damage or blockage.
(7)Section 1106 Size of Conductors, Leaders and Storm Drains is amended as follows:
1106.1 General.The size of the vertical conductors and leaders, building storm drains, building
storm sewers, and any horizontal branches of such drains or sewers shall be based on an hourly
rainfall rate of three (3) inches per hour.
(8)Section 1106.5 Parapet Wall Scuppers is amended as follows:
Add the following to the end of 1106.5 "Roof drainage scuppers and/or overflow scuppers shall
not discharge within 3 feet horizontally of the nearest edge of an electrical service or panel, or gas
service, unless the discharge is through an enclosed drain.
(9)Delete Section 1109.
ARTICLE 7-7 MECHANICAL CODE
7-7-1 Adoption by Reference
7-7-2 Amendments to the 2018 International Mechanical Code
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§ 7-7-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Mechanical Code, published by the International Code Council, 2" Printing, October
2018.
§ 7-7-2 AMENDMENTS TO THE 2018 INTERNATIONAL MECHANICAL CODE.
(1)Section 101.1 of the 2018 International Mechanical Code is amended to read, in its entirety, as
follows:
101.1 Title.These regulations shall be known as the Apache Junction Mechanical Cod; hereinafter
referred to as "this code."
(2)Section 101.2 through 110.4 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(3)Section 307.2.2 Drain pipe materials and sizes shall be amended as follows:
Add new subsection 307.2.2.1 Exterior condensate piping.Condensate disposal lines run on top
of roofs, or on the exterior walls of a building shall be rated for ultraviolet exposure and
elevated temperatures. Where piping is manifolded together accommodations for expansion
and contraction shall be made to prevent damage or breakage.
(4)De1ete Section 309.1 and replace with the following:
309.1 Equipment and systems.Interior spaces intended for human occupancy shall be provided
with heating per Section 309.1.1 and cooling per Section 309.1.2.
309.1.1 Heating
Heating facilities shall be provided, capable of maintaining room temperature at 68°F (20°C) in
all habitable rooms, bathrooms and toilet rooms, based on the winter design temperature of 34°F
(0 1°C) for Phoenix, per Appendix D of the International Plumbing Code. Cooking appliances
shall not be used to provide space heating to meet the requirements of this section.
Exceptions:Heating systems are not required for:
1. Interior spaces where the primary purpose of the space is not associated with human comfort.
2. Group F, H, S or U occupancies.
309.1.2 Cooling
Cooling facilities shall be provided, capable of maintaining room temperature at 85°F (29°C) in
all habitable rooms, bathrooms and toilet rooms, based on the summer design temperature of
107°F (42°C) for Phoenix, per Appendix D of the International Plumbing Code.
Exceptions:Cooling systems are not required for:
I. Interior spaces where the primary purpose of the space is not associated with human comfort.
2. Group F, H, S or U occupancies.
(5)Delete and replace 402.1 Natural ventilation with the following:
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Section
402.1 Natural ventilation.Natural ventilation of an occupied space in residential buildings shall
be through windows, doors, louvers or other openings to the outdoors. The operating mechanism
for such openings shall be provided with ready access so that the openings are readily
controllable by the building occupants. Natural ventilation of commercial buildings shall be
through permanently fixed openings to the outdoors.
(6)Add new Section 407.2 Special Inspection.
Section 407.2 Special Inspection Mechanical systems designed and installed in accordance with
ASHRAE 170-2017 shall be verified by a qualified third party Special Inspector. The Special
Inspector/testing agency shall be an independent third party individual or firm and shall not be the
installing contractor. A report shall be generated by the third party individual or firm showing
compliance. Special inspections shall be as specified in Chapter 17 of the International Building
Code as amended.
(7) Add new Section 408 MARIJUANA RELATED OCCUPANCIES as follows:
Section 408 MARIJUANA RELATED OCCUPANCIES
408.1 General.Any building used to cultivate, produce, infuse or dispense marijuana shall be
designed such that there shall be no emission of dust, fumes, vapors, or odors into the
envirolinnent from the premise. A ventilation system shall be designed to prevent the distribution
of odors to other occupied parts of the building or adjacent properties. Design of the odor control
system shall be based on accepted engineering practices. All equipment and filter media shall be
listed and labeled for the application. Exhaust systems used in odor control systems shall meet the
requirements of Section 501.
408.1.1 Exhaust outlets.The termination point for exhaust outlets shall be in accordance with
Section 501.3. Exhaust from cultivation and production facilities shall be in accordance with
Section 501.3.1(2) and for dispensaries in accordance with Section 501.3.1(3).
(8)Add new Section 502.21 Storage and use of liquid carbon dioxide (CO2) systems as
follows:
Section 502.21 Storage and use of liquid carbon dioxide (CO2) systems.Insulated liquid
carbon dioxide (CO2) systems with more than 100 pounds (45.4 kg) of carbon dioxide used in
beverage dispensing applications shall comply with Fire Code Section 5307.3
ARTICLE 7-8 FUEL GAS CODE.
7-8-1 Adoption by Reference
7-8-2 Amendments to the 2018 International Fuel Gas Code.
§ 7-8-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Fuel Gas Code, published by the International Code Council, 2"d Printing, April
2018, including,
72
Appendix A- Sizing and Capacities of Gas Piping
Appendix B- Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category
I Appliances, and Appliances Listed for Usc with Type B Vents
Appendix C- Exit Terminals of Mechanical Draft and Duct Systems
Appendix D- Recommended Procedure for Safety Inspection of an Existing Appliance Installation
§ 7-8-2 AMENDMENTS TO THE 2018 INTERNATIONAL FUEL GAS CODE.
Section
(1)Section 101.1 of the 2018 International Fuel Gas Code is amended to read, in its entirety, as
follows:
101.1 Title.These regulations shall be known as the Apache Junction Fuel Gas Code,
hereinafter referred to as "this code."
(2)Section 101.3 through 110.4 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(3) Delete the last sentence of Section 406.4 and add the following:
Tests required by this code that are performed utilizing dial gauges shall be limited to gauges
having the following pressure graduations or incrementations:
Required pressure tests of ten (10) pounds (69kPa) or less shall be performed with gauges
of one -tenth (1/10) pound (0.7 kPa) incrementation or less.
Required pressure tests exceeding ten (10) pounds (69kPa) but less than one hundred (100)
pounds (689 kPa)shall be performed with gauges of one (1)pound (6.9 kPa)
incrementation or less.
Required pressure tests exceeding one hundred (100) pounds (689 kPa) shall be performed
with gauges incremented for two percent (2%) or less of the required test pressure.
Test gauges shall have a pressure range not greater than twice the test pressure applied.
ARTICLE 7-9: FIRE CODE.
7-9-1 Adoption by Reference
7-9-2 Amendments to the 2018 International Fire Code.
§ 7-9-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Fire Code, published by the International Code Council,1 s' Printing, August 2017,
including,
Appendix B - Fire -Flow Requirements for Buildings
Appendix C - Fire Hydrant Locations and Distribution
Appendix D - Fire Apparatus Roads
Appendix E - Hazard Categories
Appendix F - Hazard Ranking
Appendix I - Fire Protection Systems - Noncompliant Conditions
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§ 7-9-2 AMENDMENTS TO THE 2018 INTERNATIONAL FIRE CODE.
(A) CHAPTER 1 SCOPE AND ADMINISTRATION is amended as follows:
(1)Section 101.1 of the 2018 International Fire Code is amended to read, in its entirety, as follows:
101.1 Title.These regulations shall be known as the Apache Junction Fire Code, hereinafter
referred to as "this code."
(2)Section 101.2 through 113.1 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(B) CHAPTER 2 DEFINITIONS is amended as follows:
The following definitions have been added or amended to read as follows:
ADULT DAY HEALTH CARE FACILITY (ARS 36-401). A facility that provides adult day
health services during a portion of a continuous twenty -four-hour period for
compensation on a regular basis for five or more adults who are not related to the
proprietor. (added)
ADULT DAY HEALTH SERVICES (ARS 36-401). A program that provides planned care
supervision and activities, personal care, personal living skills training, meals and health
monitoring in a group setting during a portion of a continuous twenty -four-hour
period.Adult day health services may also include preventive, therapeutic and
restorative health -related services that do not include behavioral health services. (added)
ADULT DEVELOPMENTAL HOME (ARS 36-551). A residential setting in a family home
in which the care, physical custody and supervision of the adult client are the
responsibility, under a twenty -four-hour care model, of the licensee who, in that capacity,
is not an employee of the division or of a service provider and the home provides the
following services for a group of siblings or up to three adults with developmental
disabilities- room and board, habilitation, appropriate personal care and appropriate
supervision. (added)
ADULT FOSTER CARE HOME (ARS 36-401). A residential setting that provides room and
board and adult foster care services for at least one and no more than four adults who are
participants in the Arizona long-term care system pursuant to chapter 29, article 2 of this
title or contracts for services with the United States department of veterans affairs and in
which the sponsor or the manager resides with the residents and integrates the residents
who are receiving adult foster care into that person's family. (added)
ADULT FOSTER CARE SERVICES (ARS 36-401).Supervision, assistance with eating,
bathing, toileting, dressing, self -medication and other routines of daily living or services
authorized by rules adopted pursuant to section 36-405 and section 36-2939, subsection
C. (added)
74
ASSISTED LIVING CENTER (ARS :36-401). An assisted living facility that provides
resident rooms or residential units to Isf.ICVell or more residents. (added)
ASSISTED LIVING FACILITY (ARS 6-40i).1 A residential care institution, including an
adult foster care horhc, that provides or contracts to provide supervisory care services,
personal care services or directed care services on a continuous basis. (added)
ASSISTED LIVING HOME (ARS 36-401). An assisted living facility that provides resident
rooms to ten or fewer residents. (added)
BEHAVIORAL HEALTH SERVICES.Services that pertain to mental health and substance
use disorders.
COMMUNITY RESIDENTIAL SETTING (ARS 36-551). A residential setting in which
persons with developmental disabilities live and are provided with appropriate
supervision by the service provider responsible for the operation of the residential
setting.Community residential setting includes a child developmental home or an adult
developmental home operated or contracted by the department or the department's
contracted vendor or a group home operated or contracted by the department. (added)
DIRECTED CARE SERVICE (ARS 36-401). Programs and services, including supervisory
and personal care services that are provided to persons who are incapable of recognizing
danger, summoning assistance, expressing need, or making basic care decisions. (added)
EXISTING BUILDING.See definition § 7-1-2 (F). (delete and replace)
EXISTING STRUCTURE.A structure in existence prior to 1985, or constructed 1985 or later
under an issued building permit, which has passed all required inspections. (delete and
replace)
GROUP HOME (ARS 36-551). A community residential setting for not more than six persons
with developmental disabilities that is operated by a service provider under contract with
the department and that provides room and board and daily habilitation, and other
assessed medically necessary services and supports to meet the needs of each
person.Group home does not include an adult developmental home, a child
developmental home or an intermediate care facility for persons with an intellectual
disability. (delete and replace)
GROUP TREATMENT HOME.A facility for social rehabilitation, substance abuse or
mental health problems that contains a group housing arrangement that provides
custodial care but does not provide medical care. (amended)
HEALTH CARE INSTITUTION (ARS 36-401). Every place, institution, building or agency,
whether organized for profit or not, that provides facilities with medical services, nursing
services, behavioral health services, health screening services, other health -related
services, supervisory care services, personal care services or directed care services and
includes home health agencies as defined in section 36-151, outdoor behavioral health
care programs and hospice service agencies.Health care institution does not include a
community residential setting as defined in section 36-551. (added)
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Section
INTERMEDIATE CARE FACILITY FOR PERSONS WITH AN INTELLECTUAL
DISABILITY (ARS 36-551). A facility that primarily provides health and rehabilitative
services to persons with developmental disabilities that are above the service level of
room and board or supervisory care services or personal care services as defined in
section 36-401 but that are less intensive than skilled nursing services. (added)
LICENSED CAPACITY (ARS 36-401). The total number of persons for whom the health
care institution is authorized by the department to provide services as required pursuant
to this chapter if the person is expected to stay in the health care institution for more than
twenty-four hours. (added)
NURSING CARE INSTITUTION (ARS 36-401).A health care institution that provides
inpatient beds or resident beds and nursing services to persons who need continuous
nursing services but who do not require hospital care or direct daily care from a physician.
NURSING HOMES.See Nursing Care Institution.
PERSONAL CARE SERVICE:Assistance with activities of daily living that can be performed
by persons without professional skills or professional training and includes the
coordination or provision of intermittent nursing services and the administration of
medications and treatments by a nurse who is licensed pursuant to Arizona Revised Statutes
title 32, chapter 15 or as otherwise provided by law. (delete and replace)
RESIDENTIAL CARE INSTITUTION.A health care institution other than a hospital or a
nursing care institution that provides resident beds or residential units, supervisory care
services, personal care services, behavioral health services, directed care services or health-
related services for persons who do not need continuous nursing services. (Added)
SUPERVISORY CARE SERVICE:General supervision, including daily awareness of resident
functioning and continuing needs, the ability to intervene in a crisis and assistance in the
self -administration of prescribed medications. (added)
ARTICLE 7-10: EXISTING BUILDING CODE.
7-10-1 Adoption by Reference
7-10-2 Amendments to the 2018 International Existing Building Code.
§ 7-10-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Existing Building Code, published by the International Code Council, 2"d Printing, May
2018.
76
§ 7-10-2 AMENDMENTS TO THE 2018 INTERNATIONAL EXISTING BUILDING CODE.
(1)Section 101.1 of the 2018 International Existing Building Code is amended to read, in its
entirety, as follows:
101.1 Title.These regulations shall be known as the Apache Junction Existing Building Code,
hereinafter referred to as "this code."
(2)Section 101.2 through 117.4 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(3) Add Section 201.5 Conflict.Where definitions conflict between this code and the Building
Code, the Building Code definitions shall be used.
ARTICLE 7-11: COMMERCIAL AND LOW-RISE MULTI -FAMILY ENERGY CODE
Section
7-11-1 Adoption by Reference
7-11-2 Amendments to the 2018 International Energy Conservation Code.
§ 7-11-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Energy Conservation Code, published by the International Code Council, l'Printing,
August 2017.
§ 7-11-2 AMENDMENTS TO THE 2018 INTERNATIONAL ENERGY CONSERVATION CODE.
(A) CHAPTER 1 SCOPE AND ADMINISTRATION ICE]is amended as follows:
Section
(1)Section C101.1 of the 2018 International Energy Conservation Code is amended to read, in its
entirety, as follows:
C101.1 Title.These regulations shall be known as the Apache Junction Commercial and Low-rise
Multi -family Energy Code hereinafter referred to as "this code."
(2)Section C104.1 through C109.3 inclusive are deleted in their entirety. See Chapter 7, Article 7-
1, Division of Building Safety and Inspection Administrative Code.
(3) Section R103.5 through R109.3 inclusive are deleted in their entirety. See Chapter 7, Article 7-
1, Division of Building Safety and Inspection Administrative Code.
ARTICLE 7-12 SWIMMING POOL AND SPA CODE
7-12-1 Adoption by Reference
7-12-2 Amendments to the 2018 International Swimming Pool and Spa Code.
77
§ 7-12-1 ADOPTION BY REFERENCE.
The following publication is hereby adopted by reference as if set out at length in this Code:
2018 International Swimming Pool and Spa Code, published by the International Code Council,1 s'
Printing, August 2017.
§ 7-12-2 AMENDMENTS TO THE 2018 INTERNATIONAL SWIMMING POOL AND SPA
CODE.
(A) CHAPTER 1 SCOPE AND ADMINISTRATION is amended as follows:
(1)Section 101.1 of the 2018 International Swimming Pool and Spa Code is amended to read, in
its entirety, as follows:
101.1 Title.These regulations shall be known as the Apache Junction Swimming Pool and
Spa Cod; hereinafter referred to as "this code."
(2)Section 101.3 through 108.7 inclusive are deleted in their entirety. See Chapter 7, Article 7-1,
Division of Building Safety and Inspection Administrative Code.
(B) CHAPTER 2 DEFINITIONS
Section 202 The definitions for "onground storable pool" and "residential swimming pool" are
amended to read as follows:
ONGROUND STORABLE POOL:A pool that can be disassembled for storage or transport
including any structure intended for swimming or recreational bathing that is capable of holding
water over 18 inches (457.2 mm) deep. This includes portable pools with flexible or nonrigid
walls that achieve their structural integrity by means of uniform shape, a support frame or a
combination thereof, and that can be disassembled for storage or relocation.
RESIDENTIAL SWIMMING POOL (Residential Pool):A pool intended for use that is
accessory to a residential setting and available only to the household and its guests including any
structure intended for swimming or recreational bathing that contains water over 18 inches (457.2
mm) deep. This includes in -ground, above ground and on -ground swimming pools, hot tubs, spas
and fixed in place wading pools. All other pools shall be considered public pools for purposes of
this code.
Types I -V.Residential pools suitable for the installation of diving equipment by type.
Type 0.A nondiving residential pool.
(C) CHAPTER 3 GENERAL COMPLIANCE is amended as follows:
(1) Section 305.2.1 Barrier height and clearances, number 1 is amended to read as follows:
305.2.1 Barrier height and clearances.Barrier heights and clearances shall be in accordance
with all of the following:
1. The top of the barrier shall be not less than 60 inches (1524 mm) above grade where
measured on the side of the barrier that faces away from the pool or spa. Such height shall exist
78
around the entire perimeter of the barrier and for a distance of 4 feet (1219 mm) measured
horizontally from the outside of the required barrier.
(2) Section 305.2.7 Chain link dimensions is amended to read as follows:
305.2.7 Chain link dimensions.The maximum opening formed by a chain link fence shall be
not more than 1 1/4 inches (44 mm). Where the fence is provided with slats fastened at the top
and bottom that reduce the openings, such openings shall be not greater than 1 1/4 inches (44
mm). The wire making up the fence shall not be less than 11 gauge.
(3) Section 305.4 Structure wall as a barrier is amended by adding item 4 to read as follows:
4. Multi panel sliding doors or walls shall meet the requirements of ISPSC 305.4 (1) or shall be
secured in place by a permanent fastening method that requires a tool to remove. If a sliding
glass door or panel is the only door to the pool area, it shall meet the requirements of ISPSC
305.4 (1).
79