CHAPTER 4-01
ADMINISTRATIVE ENACTMENTS

The following applies to Chapters 4-01 through 4-09:

SECTIONS:

4-01-001-0001    DEFINITIONS

4-01-001-0002    ADOPTION OF 2012 INTERNATIONAL BUILDING, RESIDENTIAL, AND PLUMBING CODES, WITH AMENDMENTS, ADDITIONS, AND DELETIONS THERETO; 2011 NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, ADDITIONS, AND DELETIONS THERETO

4-01-001-0003    SAVING CLAUSE

4-01-001-0004    VIOLATION AND PENALTIES

4-01-001-0005    AMENDMENTS, ADDITIONS, AND DELETIONS

4-01-001-0001 DEFINITIONS

As used in these City of Flagstaff 2013 Building Code amendments and all of the referenced herein adopted International Codes, the following terms shall have the meaning herein prescribed:

A.    Wherever the word "municipality" or "[name of jurisdiction]" is used, it shall mean the City of Flagstaff.

B.    Wherever the term "Department of Building Safety" is used, it shall mean "Development Services Division."

C.    Wherever the term "Corporation Counsel" is used in this chapter, it shall mean the Attorney for the City of Flagstaff (Ordinance 587:8-14-62).

D.    Wherever the term "administrative authority" is used in conjunction with publicly provided utilities (natural gas, electricity, Internet and broadband service, telephone, and cable television), it shall mean the current contract company providing the respective service. Wherever the term "administrative authority" is used in conjunction with publicly provided utilities or permits (water, sewer, storm water management and/or building permits), it shall mean the City of Flagstaff.

(Ord. 2011-12, Amended, 07/19/2011; Ord. 2013-12, Amended, 07/02/2013)

4-01-001-0002 ADOPTION OF 2012 INTERNATIONAL BUILDING, RESIDENTIAL, AND PLUMBING CODES, WITH AMENDMENTS, ADDITIONS, AND DELETIONS THERETO; 2011 NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, ADDITIONS, AND DELETIONS THERETO

There are hereby adopted by the City Council of the City of Flagstaff for the purposes of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, alteration, removal, and maintenance of buildings and structures, including permits and penalties, those certain International Codes known and referred to with particularity as the International Building Code (IBC), 2012 Edition, providing for amendments, additions and deletions thereto and International Residential Code (IRC), 2012 Edition, providing for amendments, additions and deletions thereto; International Plumbing Code (IPC), 2012 Edition, providing for amendments, additions and deletions thereto; the 2011 National Electrical Code, providing for amendments, additions and deletions thereto; International Mechanical Code, 2012 Edition, providing for amendments, additions and deletions thereto; International Fuel Gas Code, 2012 Edition, providing for amendments, additions and deletions thereto; International Existing Building Code, 2012 Edition, providing for amendments, additions and deletions thereto; ICC A117.1-2009, Accessible and Usable Building and Facilities; Uniform Housing Code, 1997 Edition; Uniform Administrative Code, 1997 Edition; and Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; and the 2009 Energy Code and the 2013 Amendments to City Code/2009 Energy Code, three (3) copies of which are on file in the office of the City Clerk of the City of Flagstaff, and the same made part hereof by this reference as if fully and completely herein set forth. The provisions of the aforestated codes, 2012 editions, shall be controlling for construction within the corporate limits of the City of Flagstaff.

(Ord. 2011-12, Amended, 07/19/2011; Ord. 2013-12, Amended, 07/02/2013; Ord. 2013-19, Amended, 08/26/2013)

4-01-001-0003 SAVING CLAUSE

Nothing in this chapter or in the International Building Codes hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinances replaced hereby. Nor shall any right or remedy of any character be lost, impaired, or affected by this chapter.

(Ord. 2013-12, Amended, 07/02/2013)

4-01-001-0004 VIOLATION AND PENALTIES

A.    Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any building or permit the same to be done in violation of this code.

B.    Penalties. Any person, firm, or corporation violating any provision of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine and/or imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense.

(Ord. 2013-12, Amended, 07/02/2013)

4-01-001-0005 AMENDMENTS, ADDITIONS, AND DELETIONS

The following provisions shall have the effect of either amending, adding to, or deleting from the International Codes, 2012 editions, and the National Electrical Code, 2011 Edition.

CHAPTER 1, ADMINISTRATION

Amend Section R103.1 IRC and 103.1 IBC to read:

The Development Services Section, Building Safety Program, is appointed as the regulating office and the Building Official is known as the code official.

Revise the amendments to Sections R104.7, 104.7, and 104.8 by striking the third paragraph:

The Building Official shall keep comprehensive records of applications or permits issued, or certificates issued or inspections made, or reports rendered and of notices of orders issued.

All such records shall be open to public inspection for good and sufficient reasons at the stated office hours but shall not be removed from the office of the Building Official without his written consent. All records are kept in both hard copy and electronic format. The electronic format information may be requested on a "walk-in" basis and reviewed during normal working hours; copies or inspection of original documentation requires written notice and reasonable amount of time for Staff to collect the required records from an off-site warehouse location. Written requests will go through the City Clerk's office for processing.

Amend Table R301.2 (1) "Climatic and Geographic Design Criteria" as follows:

This information may be used by Design Professionals in lieu of the tables provided in Chapter 16 of the International Building Code (IBC), 2012 Edition.

Ground Snow Load (where accounting has been given for factored snow loads as given in ASCE 7, Chapter 7. No reduction for slopes less than 45 degrees without providing engineering and/or approval by the Building Official)

50 pounds per square foot

Wind Speed:

90 miles per hour

Wind Exposure Category:

"B"

Seismic Design Category:

"C"

Weathering:

Severe

Frost line depth:

30 inches

Termite:

Moderate to Heavy

Decay:

Moderate

Rain fall – 100 year

2.5 inches per hour

Winter Design Temperature:

4 degrees (F)

Ice Shield Under-layment Req’d:

Yes

Flood Hazards:

1-19-83; 9-18-90*

Air Freezing Index:

1014

Mean Annual Temperature:

45.4 degrees (F)

Climate Zone (IECC, Table 301.1):

Zone 5

*    The flood hazard dates reflect the current National Flood Insurance Program and the date of the currently effective "Firm" Map (used by the City of Flagstaff). These maps are updated by the issuing agency and adopted by Storm Water Management without notice.

Amend Sections R105.2 and 105.2, Work Exempt from Permits, by adding:

Garden walls, fences less than 6 feet in height, decks/patios less than 30" above finished grade and all shed structures under 200 square feet will require a Minor Improvement permit as approved under COF Ordinance 2006-12.

Delete Sections R105.5 IRC and 105.5 IBC, Expiration, and replace with:

Every residential permit issued shall become invalid unless the work authorized by such permit is completed within one year (365 days) from the issuance date of the building permit. The Building Official is authorized to grant, when request for extension is received in writing, one extension not to exceed 180 days. The extension shall demonstrate cause such as financial, weather delays, material delivery, etc. The permit may be extended for an additional year (365 days) by paying one half the original permit fee (not including the plan check fee), thereby allowing a maximum time of completing the project to 30 months. Failure to obtain a certificate of occupancy within 30 months shall result in a report being recorded with the Coconino County Recorder's office for incomplete work or no final inspection report of the project. All residential "over-the-counter" permits for plumbing, mechanical, electrical and re-roofing shall be valid for a maximum period of 180 days.

All commercial construction permits for new, remodels, additions, and alterations shall be valid for a maximum period of 720 days. One extension shall be granted for an additional 360 days when requested in writing and justifiable cause is demonstrated. After the one time extension has expired, the next additional extension will require the applicant to pay one-half the permit fee for an additional 360 day extension. Permits not passing final inspection over 1440 days will be expired and the applicant must submit for a new permit and pay all associated fees. All commercial "over-the-counter" permits for plumbing, mechanical, electrical and re-roofing shall be valid for a maximum period of 180 days.

Amend Section 105.2, Electrical, by adding:

Approved portable equipment used in conjunction with special events in public locations (parks, parking lots, public owned land, et cetera) of 25 kw or greater will have an over-the-counter electrical permit issued and a licensed electrical contractor for installation or set up.

The issuance of an electrical permit shall not be construed as an approval by the electrical inspector of any diagrams, drawings, specifications, or details of such contemplated work insofar as the same or any portion thereof is in conflict with this Chapter or any other rules or regulations governing electric installations in the City of Flagstaff. The holder of an electrical permit shall not do or perform any work other than that designated in the application for said permit without first notifying the electrical inspector and paying the additional fee therefore. No work shall be permitted at any location other than that designated by the permit. The electrical inspector must be given immediate notice when an installation is ready for either rough or final inspection.

Amend Section 105 IBC by adding Section 105.8, Temporary Permit:

Section 105.8. Temporary Permit. Permits may be issued by the Building Official for the use of certain classes of temporary open wiring such as for carnivals, fairs, demonstrations, evangelistic meetings, town parties, auction sales, and others. Such permits shall be granted for a period of two (2) weeks only, with a possible extension of one (1) week if the circumstances are justified in writing to the Building Official. No such temporary permits shall be granted in succession at the same location, and under no circumstances shall any person connect or put into service any temporary wiring until a permit has been obtained.

Temporary permits shall also be granted for the use of temporary wiring for lights and power on buildings under construction. Such permits are void automatically upon cessation of active construction or when, in the judgment of the Building Official, such wiring becomes hazardous. Provisions of Article 525 of the National Electrical Code (NEC), 2011 Edition shall be followed with respect to temporary wiring.

Amend Section R106.1.1, Information on Construction Documents, by deleting the first sentence and replacing with:

Construction documents shall be drawn upon suitable material, drafting paper, vellum, etc. and shall be a maximum size of 24" x 36", size D paper. The minimum size of drawings that have the minimum required drawings (site plan, foundation plan, floor plans for each floor, elevations, framing plans, roof & floor manufactured layout plans, critical sections, and details will be 18" x 24"). Floor framing, foundation, roof framing and floor plans must be drafted to the same scale, i.e., 1/4"=1'-0". The minimum size for amended cut-sheets or details will be 8-1/2" x 11" and will not exceed the maximum sheet size. Larger sized drawings must be approved by the Building Official and justification established for why drawings can't be presented on the smaller size sheets. [It is expected that larger commercial projects will fall into this exception]. The written scope or description of the work may be provided on the building permit application form as long as it describes accurately the work to be performed.

All structural elements (i.e., posts and beams) shall be on the related plan sheet(s) which corresponds to the work being proposed.

Embedded anchors shall be on the foundation plan. Post bases/caps shall be on the framing plan or shown on specific details for the assembly.

Each floor shall have its own framing plan. First floor framing will not be superimposed on second floor framing or roof framing plans as an example.

Amend Section 106.1 IBC, Submittal Documents, by adding:

Residential, single family detached, structures are exempt from the requirements for a Design Professional under Arizona Revised Statutes (ARS 32-121 et. seq.) unless circumstances dictate the need for professional design submittal. Duplexes and triplex units which do not exceed 3,000 square feet, two stories or a total occupant load of 20, may also be designed by a non-registrant as long as the unit(s) has/have only one owner.

Sub-assemblies, such as roof trusses or manufactured floor beams that indicate all imposed loading may be submitted without the "stamp" of an Arizona certified or registered Design Professional.

Any retaining walls having any imposed surcharges from adjacent structural elements or unbalanced loading that exceed four (4) feet (1224 mm), shall be designed by an Arizona certified or registered Design Professional and shall be submitted at the time of permit application.

Pursuant to Arizona Revised Statutes § 32-121 et.seq. governing the regulation of Design Professionals (i.e. architects and engineers), all commercial occupancies for new construction, additions, alterations or repairs within the City of Flagstaff shall be prepared by an Arizona certified or registered Design Professional in good standing when:

1.    The total square footage of any building exceeds 3,000 square feet, or

2.    The total occupancy of the building exceeds 20 people, or

3.    Any structural member required for the project exceeds twenty feet (20') in length.

The certified or registered Design Professional of Record must provide his/her "stamp" upon all working drawings. Drawings not prepared by the Design Professional of Record may be annotated as such, but the "stamp" shall be affixed to all the drawings in the construction working drawings set to indicate that coordination of the total project has been done by the Design Professional of Record.

A design professional is required for electrical service entrance sections of 600 amps and greater.

Amend Sections 108.4 and R108.4 by adding:

Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to an investigation fee of $94.00 or twice the permit fee, whichever is greater.

Amend Sections R108.6 IRC and 108.6 IBC, Refunds, by adding:

The applicant may receive up to 80% refund for the total building permit fee if no work has begun and no inspections have been performed. No refund of the plan review fee is authorized after the permit has been issued. The refund of a plan review fee is also limited to 80%, assuming that no review has been performed. The Building Official shall determine, based upon work done, how much of fees paid are actually refunded. There shall be no refund of any required deposit once the administrative routing and plan review process has begun.

Add Sections R108.7 IRC and 108.7 IBC, Re-Inspection Fee(s), as follows:

Re-inspection fees may be assessed for each inspection or re-inspection when the portion of work for which the inspection was scheduled is not complete or when corrections from a previous inspection are not made. Other events which may require the imposition of a re-inspection fee are: failure to have the inspection record on the job site when the inspector arrives; the approved plans not on the job site for the inspector to review; and failure to provide access to the job site or area to be reviewed by the inspector. Appeals for such fees are made to the Building and Safety Manager. To obtain a re-inspection after the inspector has left notice that a fee must be assessed; the applicant must pay a $94.00 fee.

Amend Sections R109.5 IRC and 109.5 IBC, Related Fees, by adding:

The City Council will adopt a resolution establishing fee schedules for applicable building and permitting fees, after publication of notice of any proposed new or increased fee pursuant to A.R.S. § 9-499.15.

Amend Sections R110.4 IRC and 110.3 IBC, Temporary Occupancy, by adding:

Temporary Certificate of Occupancies for residential construction (detached single family dwellings and duplexes) is not authorized.

Exceptions: (1) When a driveway approach cannot be poured due to weather, then the Building Official can approve a temporary Certificate of Occupancy after the applicant has posted a bond with the City of Flagstaff; (2) If the structure meets all the requirements for habitable space and sanitation, then a Certificate of Occupancy will be granted. Any unfinished items (i.e. extra bonus rooms, basement finishing, etc.) will be annotated in the inspection record as "not inspected" at the time of Certificate of Occupancy issuance. Applicants moving into a dwelling prior to receiving a Certificate of Occupancy may be evicted as the property is posted "NO OCCUPANCY" by the building inspector or Building Official.

Construction Hours:

Refer to Ordinance 2004-21 of the City Code, Chapter 6-08, Noise Control, Section 6-08-001-0002 for time frames on noise restrictions.

Amend Section R112 of the IRC and Section 112 of the IBC, Board of Appeals, by deleting the sections in their entirety and replacing with:

Board of Appeals, Refer to Ordinance 2011-31 for establishment and requirements of the Board of Appeals.

CHAPTER 2 OF IRC AND IBC, DEFINITIONS

Amend IBC Section 202 by adding the following definitions:

ACCESSORY DWELLING UNITS. An Accessory Dwelling Unit (ADU) may be either attached or detached and is secondary to the primary residence. The full definitions and application of constructing an ADU are covered under COF Ordinance 2007-20, adopted on 20 March 2007. The ADU is limited in size to be not less than 300 square feet and not greater than 500 square feet in size on lots less than one acre. For lots one acre and larger, the size is limited to 800 square feet maximum. The ADU shall provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

ACCESSORY ENERGY SYSTEMS. An accessory energy system will include wind turbines, PV solar, thermal solar, geo-thermal, bio-mass and other technologies that provide heating, cooling or electrical energy. The systems will be subject to a building permit and limited by zoning ordinances for visual, design, height and setback requirements.

CITY shall mean the City of Flagstaff.

CONDOMINIUMS. Condominiums are defined in the International Building Code, 2012 Edition as a R-2 occupancy and will not be reviewed using the 2012 IRC. Condominiums are a collection of individually owned parcels or individual units within a common structure, combined with a joint ownership of commonly used property (sidewalks, hallways, stairs, etc.). The condominium is defined as the ownership of air-space with no ground attached.

INSPECTION is an examination by which a qualified person conducts an investigation of a completed trade, such as framing, electrical, plumbing or mechanical to assure compliance with adopted minimum codes, or to investigate sub-standard housing as defined in the Uniform Housing code, or investigate dangerous conditions as defined per the Uniform Code for the Abatement of Dangerous Buildings.

LADDER BACKING shall mean or refer to wood construction used at perpendicular or angular intersections of non-load bearing walls between stud bays.

STOCKPILING shall mean the same as fill, except that it is assumed to be loose un-compacted material that is placed on a site for a temporary period of time. Stockpiling shall require a grading permit when it exceeds 50 cubic yards and shall not remain on the site for more than six (6) months without written permission from the Building Official or the City Engineer.

TEMPORARY shall mean a period not to exceed six (6) months.

TOWNHOUSES. Attached dwelling units with a legally described property line between units (two or more units; shall be reviewed using the International Residential Code, 2012 Edition, unless approved by the Building Official to be reviewed using the International Building Code, 2012 Edition. Developers must maintain a five (5) foot clearance on townhouse end units between the property line and the face of the structure to allow for openings in the side walls of the individual units. Exceptions would be a recording of a "five (5) foot no-build easement on the Final Plat" or the unit is adjacent to a public right-of-way.

USABLE SPACE. Any space which can be either occupied, used for storage of materials and/or service area which houses mechanical equipment. The space may or may not have environmental conditioning. The usable space will include access corridors, utility closets, mezzanines, basements, crawl space storage, attic areas rated for either storage or floor loading, vestibules, and/or storage spaces.

(Ord. 2009-06, Amended, 07/18/2009; Ord. 2011-12, Amended, 07/19/2011; Ord. 2011-31, Amended, 01/03/2012; Ord. 2013-12, Amended, 07/02/2013; Ord. 2017-16, Amended, 06/20/2017)