Chapter 15.04
BUILDING CODE
Sections:
15.04.010 Town Building Code adopted.
15.04.020 International Building Code adopted.
15.04.040 Rules and definitions.
15.04.060 Updates and supplements to codes.
15.04.080 Rules and regulations.
15.04.100 Building permits – Approval required prior to issuance.
15.04.110 Schedule of values and other fee requirements.
15.04.120 Permit requirements.
15.04.150 Addendum and additions to the International Building Code.
15.04.170 Violation – Penalty.
15.04.010 Town Building Code adopted.
The "Building Code of the Town of Pinetop-Lakeside," a public record as defined in A.R.S. Section 9-801(3), is adopted and set out in full in this chapter. At least three (3) copies of this public record shall be kept on file with the Clerk of the Town of Pinetop-Lakeside for public use and inspection. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.020 International Building Code adopted.
A. The following described codes in the specific editions (i.e., International Residential Code, 2018 Edition) as adopted by resolution of the Town Council are adopted by reference, as if fully set forth herein, as the Building Code of the Town of Pinetop-Lakeside, Arizona, pursuant to A.R.S. Sections 9-462.01 and 9-463 et seq. Updated editions may be adopted from time to time by resolution of the Town Council.
B. Copies of the International Building Codes which have been adopted by the Town are on file for review or inspection at the Pinetop-Lakeside Town Offices, Pinetop-Lakeside, Arizona. Copies may be purchased from the International Code Council, 5203 Leesburg Price Square, #600, Falls Church, Virginia 22041.
1. International Building Code, 2018, together with its supplements, if any, published by International Code Council.
2. International Mechanical Code, 2018, together with its supplements, if any, published by International Code Council.
3. International Residential Code, 2018, together with its supplements, if any, published by the International Code Council.
4. International Plumbing Code, 2018, together with its supplements, if any, published by International Code Council.
5. National Electrical Code, 2017, together with its supplements, if any, published by National Fire Protection Association. New editions of the National Electrical Code may be adopted from time to time by resolution of the Town Council.
6. Such addenda and additions to the previously adopted, described codes, as apply to the Town, and as may be adopted by resolution of the Town Council. (Ord. 22-452 § 1; Res. 22-1639 (Exh. A); Ord. 12-363 § 2 (Exh. A)(part))
15.04.030 Title.
This chapter shall be known as the Building Code of the Town of Pinetop-Lakeside. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.040 Rules and definitions.
A. The term "International Building Code" as used hereinafter shall mean the code referred to in Section 15.04.020.
B. Terms used in this chapter shall be defined as provided in the code adopted in Section 15.04.020, except as herein otherwise provided.
C. Whenever the terms "Administrative Authority," "Building Official," "Chief," or "Administrator" are used in the International Building Codes, they shall mean the Building Official of the Town of Pinetop-Lakeside or his/her representative.
D. Whenever the terms "other code" or "other codes" are used in the International Building Codes, they shall mean other code or codes adopted by either the Town of Pinetop-Lakeside or the State of Arizona. If there is a conflict between such other code or codes and this chapter, the more restrictive shall prevail.
E. Reference to chapters, articles, sections and subsections or paragraphs and to tables thereof are to the International Building Codes.
F. Certificates.
1. "Certificate of compliance" (for existing structures) may be associated with pre-moving, renovation, use change, addition and existing structure or housing code.
2. "Certificate of inspection" may be a separate individual trade inspection approval.
3. "Certificates of fitness" (for hazards and safety) means a document issued by the Building Official authorizing by permit to maintain, store or handle materials or to conduct processes, which produce conditions hazardous to life and property or to install equipment used in connection with such activities in accordance with the provisions of this chapter. It shall not be transferable and any change in use or occupancy of premises shall require a new permit. May be used when new construction "fitness" is a change of use and occupancy.
4. "Certificates of occupancy" for construction completion showing compliance.
5. "Final inspection certificate" may be a certificate of approval that may include the entire structure, additions or alterations.
6. "Letter of certification" (duplicate certification) may be for other than the original issue.
7. "Stop order" or "stop work order" means an order from the Town or the Town’s Building Official requiring work to stop on a building or building project.
8. "Temporary certificate" may be only for a building use inspection approval.
G. The "Community Development Department" means the Town of Pinetop-Lakeside Community Development Department. The Community Development Department shall administer this chapter. The department director for the Community Development Department shall be known as the Community Development Director, or simply as the Director.
H. Administrative Provisions.
1. Part I (One) of the International Building Code as referenced in Section 15.04.020(B)(1) shall be used as the administrative rules for administering this chapter, except as otherwise provided in this chapter.
2. Nothing contained in this chapter shall prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes.
3. Commercial Acres (Operated for a Profit). As a guide, the return from the acreage should exceed one-fourth (1/4) the operator’s total income. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.050 Advisory Board.
A. Whenever the terms "Board of Appeals," "Adjustment Board" or "Board" are used in the International Building Codes, they shall mean the Advisory Board and said Advisory Board shall be organized pursuant to Arizona Revised Statutes.
B. The functions and duties of the Advisory Board shall be specified by regulations adopted by the Town Council of Pinetop-Lakeside which may further provide for appointment of review committees for electrical, mechanical and plumbing. Members of such review committees shall include experienced tradesmen and contractors.
C. Other than the Community Development Director whose term shall be continuous, each Advisory Board member shall serve for a term of four (4) years, except that of the members first appointed, one (1) each shall serve for a term of one (1), two (2), three (3) and four (4) years. A vacancy for an unexpired term shall be filled in the same manner as the original appointment, and the appointee shall serve for the unexpired term only. The Advisory Board shall adopt its own reasonable rules and procedures for its proceedings, subject to approval by the Town Council. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.060 Updates and supplements to codes.
The International Code Council and other publishers identified in Section 15.04.020 issue each edition of the International Building Codes periodically which is maintained by annual supplements. In order that this chapter maintains its continuity, it shall be the responsibility of the Building Official to insure that all such supplements and amendments to the codes are properly implemented. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.070 Administration.
A. All Department officials and public employees of the Town vested with the duty or authority to issue permits or licenses shall comply with the provisions of this chapter and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this chapter. Any permit or license issued in violation of the chapter shall be null and void and of no effect whatsoever.
B. Filing Plans. Every application for a building permit shall be accompanied by two (2) copies of plans and specifications. Plans shall include site or plot plans. One (1) copy of such accepted plans shall be returned to the owner when plans are approved by the Building Official.
C. Plans and Specifications. With each application for a building permit and also when otherwise required by the Building Official and/or the Zoning Code for enforcement of any provision of this chapter, two (2) sets of specifications and plans shall be submitted. The Building Official may, where the complexity of the plans clearly warrant (that is, any building requiring engineering computations, i.e., public buildings, etc.), require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. The Building Official may further require that plans for new construction indicate existing and finished grade elevations based on Town data with existing and finished drainage flow patterns in area subject to flooding.
D. One (1) copy of submitted plans shall be returned to the applicant when approved. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.080 Rules and regulations.
The Building Official may adopt rules and regulations, in the interest of public safety, health, and general welfare, to implement the provisions of this chapter to secure the intent thereof; but no such rules shall have the effect of waiving technical provisions specifically provided in the International Building Codes or of violating accepted engineering practice involving public safety. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.090 Building permits.
A. Building permits shall be issued only upon approval of submitted plans and specifications, and presentation of an approved sanitary system permit where required. The Building Official shall insure compliance with state regulations pertaining to the Arizona Registrar of Contractors.
B. Permit applications shall normally be accepted at the Town Offices, Pinetop-Lakeside, during normal business hours.
C. The following shall be exempt from the requirement of issuance of permit and collection of fees:
1. Fences and freestanding masonry walls;
2. Curbs, retaining walls and planter walls;
3. One (1) story tool and storage sheds, greenhouses, barns, and other accessory buildings not used for human occupancy, up to one hundred forty-five (145) square feet;
4. Residential television and radio antennas supported on roofs;
5. Repairs which involve only the replacement of existing component parts with similar materials for the purpose of maintenance. Repairs exempt from permit requirements shall not include any additions, change of design or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements without limitation are:
a. Painting and decorating,
b. Installation of floor coverings and drapes,
c. Cabinetry and finished carpentry work,
d. Storm doors and windows, including arcadia doors. Any person who shall commence work for which a permit is required by this chapter without first having obtained a permit may, upon subsequently obtaining a permit for such work, be charged an additional fee as established. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.100 Building permits – Approval required prior to issuance.
A. All plans and specifications filed for the construction of multi-family dwellings, industrial and commercial buildings or any alterations, additions or conversions thereto which require the issuance of a building permit and are located within the Town must be submitted by the applicant to the respective Fire District and stamped approved prior to the Town Planning and Zoning Department issuing a permit for construction. The approved plans by the Fire District shall be made part of the permit record for such construction project.
B. The Town reserves the right to issue a building permit without prior approval of the respective Fire District subject to review by the Town Attorney and approval by the Town Council.
C. The Town may not accept and shall not approve any application for a building permit for any lot or parcel which has been created, purchased or sold in violation of the subdivision laws: A.R.S. Title 9, Chapter 4, Article 6.2, Section 9-463 et seq. or this Town Code, Title 16 (Subdivisions); or which is being used or developed in violation of the Town Code, Title 17 (Zoning). The Director may accept an application for a building permit if the applicant states in a sworn writing that the lot or parcel was not created, purchased or sold in violation of the state and local subdivision laws, and that the lot or parcel is and will not be used or developed in violation of the Town zoning regulations; but no building permit shall be issued if, after investigation, it appears that the lot or parcel was created, purchased or sold in violation of the state and local subdivision laws or zoning regulations. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.110 Schedule of values and other fee requirements.
A. A single blanket building permit shall be issued for construction projects. Building permit fees will be based on the fees set forth in the International Building Code.
B. Building valuation data shall be established for each category of this chapter and shall be used to establish the valuation of building improvements for the purpose of permit fees.
C. A plan check fee shall be charged at the time of plan submittal and shall be nonrefundable.
D. The schedule for building permit fees and any other fees charged at time of building permit issuance are as contained in the Town fee schedule adopted by Town Council from time to time by resolution.
E. Mobile and Manufactured Homes.
1. Mobile/manufactured homes proposed for installation shall have affixed thereto a decal certifying that the dwelling unit has been inspected and constructed in accordance with the requirement of the United States Department of Housing and Urban Development (HUD) in effect at the date of manufacture wherein such date shall not have been prior to June 15, 1976, or such other succeeding requirements which replace HUD standards.
2. As of April 16, 1995, the Building Official shall not issue a building/location permit for installation of a mobile/manufactured home within the Town unless said mobile/manufactured home can be proven to comply with those standards set forth in subsection (E)(1) of this section. This prohibition shall also apply to any mobile/manufactured home unit installation permit sought to be issued for the relocation of any mobile/manufactured home unit within the Town.
3. It shall be the responsibility of the permit applicants to demonstrate to the Building Official that any mobile/manufactured home for which an installation/location permit is requested is in compliance with the standards set forth in subsection (E)(1) of this section.
4. Mobile/manufactured homes proposed for installation shall be installed in compliance with the standards prescribed by the Arizona Department of Building and Fire Safety, Office of Manufactured Housing, for either:
a. Ground level installation; or
b. Installation of a fully-skirted mobile/manufactured home; or
c. Installation of a unit on a permanent visible foundation.
5. A location permit fee will be charged for placement of mobile homes, manufactured houses and modular homes.
F. Building permit fees are to be calculated to the nearest thousand dollars ($1,000) in valuation.
G. The Town Council may amend or revise the fees in this section from time to time by resolution.
H. Applicable fees will be paid to the Town. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.120 Permit requirements.
Nothing in this chapter shall be construed to require changes in the plans, construction or designated use of a building for which a lawful permit has been issued or otherwise lawfully authorized. Beginning with the effective date of the regulations codified in this chapter, building permits as set forth in this chapter shall be required. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.130 Records.
The Building Official shall keep careful and comprehensive records of applications for permits, of permits issued, of inspections made, of reports rendered and of notices or orders issued. He or she shall further retain on file copies of all papers in connection with building work for such time as may be required by law. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.140 Redress.
Nothing in this chapter precludes any individual, company or corporation from seeking redress through the courts concerning any portion of this chapter or any ruling made by the Community Development Department. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.150 Addendum and additions to the International Building Code.
A. Engineering calculations and design data may be required for any unusual design or long span roof systems at the discretion of the Building Official, prior to issuance of a permit.
B. Addendum and Additions.
1. Accessibility Guidelines for Public Accommodations and Commercial Facilities. Standards and specifications set forth in A.R.S. Title 41, Chapter 9, Article 8 (Arizonans with Disabilities Act), and its implementing rules, including "Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities," declared a public record by Resolution No. 96-426, as applying to public accommodations and commercial facilities, are adopted and incorporated as an amendment to the International Building Code and made part thereof as though fully set forth therein. Such standards and specifications shall apply to new construction and alterations commenced after September 3, 1996.
2. Accessibility Guidelines for New Construction and Alterations. Standards and specifications set forth in A.R.S. Title 41, Chapter 9, Article 8 (Arizonans with Disabilities Act), and its implementing rules, including "Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities," declared a public record by Resolution No. 96-426, as applying to public entities, are adopted and incorporated as an amendment to the International Building Code and made part thereof as though fully set forth therein. Such standards and specifications shall apply to new construction and alterations and are not required in buildings or portions of existing buildings that do not meet the standards and specifications.
3. Roof Covering. When wood shingles or shakes are used as roof covering, they must be factory treated to meet a minimum of Class "C" fire retardency as per UBC Standards 32-7/NFPA-256/ASTM-108/UL-790.
Roof Loads. Snow load or live load.
0" – 12" pitch through 3" – 12" pitch: 45 lb. PSF.
4" – 12" pitch and greater: 40 lb. PSF. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.160 Enforcement.
It shall be the duty of the Building Official to administer this chapter. Community Development Department staff and the Town Police Department shall, whenever requested by the Building Official, enforce the provisions of this chapter. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.170 Violation – Penalty.
A. The Building Official or his designee may issue a stop order requiring that the construction or other work stop on any project which is subject to the terms of this chapter or other provisions of the Town Code, if the Building Official believes that the project is in violation of this chapter or other provisions of the Town Code.
B. Any person violating any provision of the Building Code of the Town of Pinetop-Lakeside adopted by this chapter shall be guilty of a Class I misdemeanor. See Chapter 1.20. Each separate day or any part thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as provided in this section. (Ord. 12-363 § 2 (Exh. A)(part))
15.04.180 Conflicts.
In case of any conflicts between the zoning ordinance and regulations of the Town of Pinetop-Lakeside and the Building Codes and requirements adopted by the ordinance codified in this chapter, the provisions of this chapter and of the other chapters of the Town Code shall apply. (Ord. 12-363 § 2 (Exh. A)(part))
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