CHAPTER 3-17: ADMINISTRATIVE BUILDING CODE
SECTIONS:
3-17-1: ADOPTION OF THE ADMINISTRATIVE BUILDING CODE:
3-17-1 ADOPTION OF THE ADMINISTRATIVE BUILDING CODE:
There is hereby adopted by reference, that certain document known as Chapter 1 Scope and Administration of the International Codes, 2018 Edition, as published by the International Code Council. Said document is hereby amended and adopted as "Administrative Building Code" for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of the various technical codes and ordinances. Providing procedures for enforcement thereof; providing the severability of each and all conditions and terms of the "Administrative Building Code" are hereby referred to, adopted, and made a part hereof as set forth herein, excepting such portions as are hereinafter deleted, modified or amended. (Ord. 4601, 09-11-2007, eff. 10-15-2007; Ord. 4900-1438, 9-23-2014; Ord. 4928-1466, 4-14-2015; Ord. 2019-1663, 6-11-2019)
3-17-2 AMENDMENTS:
That certain document entitled the “Administrative Building Code,” which document amends and supersedes certain designated sections of the 2018 Administrative Building Code and was made a public record by Resolution No. 2019-1695, is hereby adopted by this reference and amends and replaces the existing chapter and Sections 3-17-1 and 3-17-2 of the Prescott City Code.
CHAPTER 1 – SCOPE AND ADMINISTRATION
SECTION 101 – GENERAL
SECTION 101.1 – Title is deleted in its entirety and revised to read as follows:
101.1 – Title. These regulations shall be known as the "Administrative Building Code."
SECTION 101.2 – Scope is hereby amended to read as follows:
101.2 – Scope.
Exceptions. Except as specifically limited or exempted, this code and the technical codes shall apply to all construction within the City limits of Prescott.
1. Federal Land. Private development on Federal land shall be exempted.
2. Indian Tribal Land shall be exempted.
3. Any land covered by ARS statutes (school) shall be exempted.
4. Detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or International Residential Code of One- and Two Family Dwellings.
SECTION 101.4 – Referenced codes is hereby deleted in its entirety and revised to read as follows:
101.4 – Referenced codes. The technical codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code as adopted by City of Prescott shall be considered part of the requirements of this code to the prescribed extent of each such reference.
SECTION 101.4.1 – Gas Code is hereby deleted in its entirety and revised to read as follows:
101.4.1 – Gas Code. The provisions of the 2018 Edition of the "International Fuel Gas Code" shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These regulations apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
SECTION 101.4.2 – Mechanical Code is hereby deleted in its entirety and revised to read as follows:
101.4.2 – Mechanical Code. The provisions of the 2018 Edition of the "International Mechanical Code" shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilation heating, cooling, air conditioning and refrigeration systems, incinerators and other energy-related systems.
SECTION 101.4.3 – Plumbing Code is hereby deleted in its entirety and revised to read as follows:
101.4.3 – Plumbing Code. The provisions of the 2018 Edition of the "International Plumbing Code" shall apply to the installation, alterations, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
SECTION 101.4.4 – Property maintenance is hereby deleted in its entirety and revised to read as follows:
101.4.4 – Property maintenance. The provisions of the 2018 Edition of The International Property Maintenance Code shall apply to existing structures and premises equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. The provisions of the 2018 Edition of the "International Existing Building Code" shall apply to the repair, alteration, change of occupancy, and relocation of existing buildings. The provisions of the 2018 Edition of the "International Property Maintenance Code" shall also apply to detached one and two family dwellings and multiple single-family dwellings (townhouses) and their accessory structures.
SECTION 101.4.5 – Fire Prevention as amended by the City of Prescott Fire Department.
101.4.5 – Fire Prevention. The provisions of the amended and adopted 2018 International Fire Codes, as enforced by the City of Prescott Fire Department.
SECTION 101.4.6 – Energy Code is hereby deleted in its entirety and revised to read as follows:
101.4.6 – Energy Code. The provisions of the 2012 Edition of the "International Energy Conservation Code" shall apply to all matters governing the design and construction of buildings for energy efficiency. The provisions of the 2012 Edition of the "International Energy Conservation Code" shall also apply to detached one-and-two family dwellings, multiple single family dwellings (townhomes), their accessory structures, and commercial projects.
SECTION 101.4.7 – Residential Code is hereby added as a new section to read as follows:
101.4.7 – Residential Code. The provisions of the 2018 Edition of the "International Residential Code" shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) and their accessory structures.
SECTION 101.4.8 – Building Code is hereby added as a new section to read as follows:
101.4.8 – Building Code. The provisions of the 2018 Edition of the "International Building Code" shall apply to the construction, alteration, movement, demolition, enlargement, replacement, relocation, repair, equipment, use and occupancy, location, maintenance or any appurtenance connected or attached to such building or structures.
SECTION 101.4.9 – Existing Building Code is hereby added as a new section to read as follows:
101.4.9 – Existing Building Code. The provisions of 2018 Edition "Existing Building Code" shall apply to repair, change of occupancy, and relocation of existing buildings and structures.
SECTION 101.4.10 – Electrical is hereby added as a new section to read as follows:
101.4.10 – Electrical. The provisions of the 2017 Edition of the "National Electrical Code" shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto for commercial and regional projects as required. Residential structures use Chapters 34 through 40 of the "International Residential Code for One- and Two-Family Dwellings".
SECTION 101.4.11 – Urban Wildland Code as amended by the City of Prescott Fire Department.
101.4.11 – Urban Wildland Code. The provisions of adopted ‘Urban Wildland Codes’ as enforced by the City of Prescott Fire Department.
SECTION 102 – APPLICABILITY
SECTION 102.3 – Application of references is hereby amended by addition of the following exception to read as follows:
102.3 – Application of references.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or material, the conditions and use of the listing, and the manufacturer’s installation instructions shall be determined by the Chief Building Official or his/her designee.
SECTION 102.4 – Provisions in referenced codes and standards is hereby amended by addition of the following exception to read as follows:
102.4.1 – Conflicts.
Exception: Where enforcement of any code provision would violate the conditions of approved listings of equipment or material, the conditions and use of the listing, and the manufacturer’s installation instructions of listed equipment or material shall be determined by the Chief Building Official or his/her designee.
102.4.2 – Provisions in referenced codes and standards.
Exception: Where enforcement of any code provision would violate the conditions of approved listings of equipment or material, the conditions and use of the listing, and the manufacturer’s installation instructions of listed equipment or material shall be used and reviewed by the Chief Building Official or his/her designee.
SECTION 102.7 – Additions, Alterations or Repairs is hereby added as a new section to read as follows:
102.7 – Additions, Alterations or Repairs. Additions, alterations or repairs to any structure or mechanical, plumbing, fuel gas or electrical systems shall conform to the requirements for the structure or system without requiring the existing structure or system to comply with all requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe, hazardous, overloaded or adversely affect the performance of the structure or any system in or connected to the structure.
SECTION 102.8 – Change in Occupancy is hereby added as a new section to read as follows:
102.8 – Change in Occupancy. It shall be unlawful to make any change in the occupancy of any structure which will subject the structure to any special provisions of this code applicable to the new occupancy without approval from The City of Prescott. The Chief Building Official shall certify that such structures meet the intent of the provisions of the law governing building construction for the proposed new occupancy and that such a change of occupancy does not result in any hazard to the public health, safety or welfare.
SECTION 102.9 – Moved Structures is hereby added as a new section to read as follows:
102.9 – Moved Structures. Except as determined by section 102.7, plumbing, fuel gas, mechanical, electrical systems and thermal envelopes that are a part of structures moved into or within the jurisdiction shall comply with provisions of the code for new installations.
SECTION 102.10 – Maintenance is hereby added as a new section to read as follows:
102.10 – Maintenance. Mechanical, Plumbing, Fuel Gas and Electrical systems, both existing and new, and parts thereof shall be maintained in proper operational condition in accordance with the original design and in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner’s designated agent shall be responsible for maintenance of all systems. To determine compliance with this provision, the Chief Building Official shall have the authority to require a system to be inspected.
SECTION 102.11 – Guideline Manuals is hereby added as a new section to read as follows:
102.11 – Guideline Manuals. Guideline manuals as published by the International Code Council, Inc. and The National Fire Protection Association, Inc. as commentaries, handbooks, inspection guides, plan review guides, training manuals and other such reference publications may be used by the Chief Building Official as guidance to provide alternative approaches to achieve compliance and interpretations of the adopted codes and the technical codes.
SECTION 102.12 – Definitions is hereby added as a new section to read as follows:
102.12 – Definitions. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. The definition within the specific adopted technical codes shall be construed to apply to that code. Where terms are not defined through the methods authorized by this section, such terms shall have the ordinarily accepted meaning such as the context implies. Webster’s current New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meaning.
ADDITION – An extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE BUILDING CODE – The City of Prescott Administrative Building Code, as adopted by this jurisdiction.
ALTER or ALTERATION – Any construction or renovation made to an existing structure.
APPROVED – Acceptable use or condition to the Chief Building Official or authority having jurisdiction.
APPROVED AGENCY – An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the Chief Building Official.
BASEMENT, UNFINISHED – An unheated portion or area not intended or approved as a habitable space. There will be no other framing for interior walls other than that which is needed for structural support. The area will not be insulated other than the floor/ceiling separation and required 2012 Energy Code separations. The ceiling height shall be 6 feet 8 inches minimum clearance except under beams, girders, ducts or other obstructions where the clear height may be less than 6 feet 4 inches. No slabs are to be poured. Mechanical room shall be separated from basements and crawl spaces and considered as habitable spaces. Any heated spaces will be considered "finished" and constructed to comply with the applicable codes. Unfinished basements must also conform to section E3901.9, E3902.5 and E3903.4 of the International Residential Code for the minimal electrical requirements.
BED AND BREAKFAST – A dwelling unit, with a host or host family residing therein, where members of the public are lodged for compensation, with a morning meal provided as part of the normal charge for said room. Ten (10) or fewer occupant load is an R-3, 11 or over occupant load is an R-1.
BEDROOM – A separated room intended for sleeping that may or may not contain a closet in residential use. Occupancy in an R-3 will be based on two persons per bedroom, plus one person for every additional 120 sq. ft. after the first 120 sq. ft., per bedroom.
BOARDING HOUSE – A dwelling unit in which sleeping accommodations are provided, for any type consideration whatsoever, for 3 or more persons not members of the resident family, provided not more than 5 rooms in such building or apartment are used for such purpose. Ten (10) or fewer occupant load is an R-3, 11 or over occupant load is an R-1.
BUILDING – Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE – The International Building Codes as published by the International Code Council, as adopted by this jurisdiction.
BUILDING, EXISTING – Any building or structure erected and approved by the City of Prescott prior to the adoption of this code, or one for which a legal building permit has been issued and completed.
BUILDING OFFICIAL – The officer or other designated authority charged with the administration and enforcement of these Building Codes, or his/her duly authorized representative, also known as the Chief Building Official.
CABLE RAILS – Cable rails shall comply with Sections 1013.1 through 1013.3 of the 2018 IBC and the cables shall be a minimum of 1/4 inch (6.4 mm) in diameter and, the cable shall be spaced no more than 2-½ inches (63.5 mm) apart and, the cables shall be fully tensioned and, stays shall be placed no more than 4' apart.
CARPORTS – A covered structure intended for parking of a vehicle that is open on at least two sides. Each of the 2 open sides must be open a minimum of 50% or more of the area of the wall.
CONDOMINIUM – An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in air space in a residential or commercial complex located on such real property. Condominium may include cluster housing or semi-detached housing. In addition, a condominium may include a separate interest in other portions of such real property, such as common area.
COMMERCIAL PROJECTS – Any commercial buildings, industrial buildings, assembly use buildings, and multi-family residential structures not defined as a townhome or greater than a one- or two-family residence or any commercial occupancy as determined by the Chief Building Official.
CONGREGATE LIVING FACILITES – A building or part thereof that contains sleeping units where residents share bathroom and or kitchen facilities. Non-Transient 12 or fewer occupant load is R-3, 13 or more occupant load is R-2. Transient, 10 or fewer occupant load is R-3, 11 occupant load or over is R-1.
CRAWL SPACE – Area under house that is less than 6 feet 8 inches, not intended or approved to be habitable, with no mechanical, plumbing or electrical originating in the space, and a dirt floor. Crawl space must also conform to section E3901.9, E3902.5 and E3903.4 of the International Residential Code for the minimal electrical requirements only. Mechanical room shall be separated from basements and crawl space and considered as habitable spaces.
DETACHED BUILDING/STRUCTURE – A separate standalone structure that is separated from other structures on the same property without fire resistant constructed exterior walls with a physical separation that complies with the requirements of Section 503.1.2 and Table 602 of the Building Code, or Section R302 of the Residential Code, greater than 200 square foot and covered under the primary structure. No physical attachments to other structures on the same property are permitted. This classification shall include, but not be limited to the following:
Casitas
Gazebos
Storage sheds
Garages
Green houses
Ramadas
Barns
Shops
DIRECTED CARE SERVICES – Care, including personal care services, of residents who are incapable of recognizing danger, summoning assistance, expressing need, or making basic care decisions.
ELECTRICAL CODE – The National Electrical Code published by the National Fire Protection Association, as adopted by this jurisdiction.
EXISTING BUILDING CODE – The International Existing Building Code and published by the International Code Council, as adopted by this jurisdiction.
FUEL GAS CODE – The International Fuel Gas Code, published by the International Code Council, as adopted by this jurisdiction.
GRADING – Any excavating, filling, or combination thereof for earthwork construction as covered within the grading ordinance as adopted by this jurisdiction.
GUEST HOUSE, GUEST QUARTERS OR MOTHER-IN-LAW SUITE – A unit or space designed with separate living, cooking, sleeping and/or bathing facilities. The structure must receive utilities from the main house. May not be rented separately from the house.
JURISDICTION – The governmental authority having jurisdiction that has adopted this code under due legislative authority.
MECHANICAL CODE – The International Mechanical Code published by the International Code Council, as adopted by this jurisdiction.
MECHANICAL ROOM – A room with slab and walls that encloses mechanical equipment. The ceiling height shall be 6 feet 8 inches minimum clearance except under beams, girders, ducts or other obstructions where the clear height may be less than 6 feet 4 inches. Area will be considered habitable space.
OBSOLETE EQUIPMENT – Mechanical, Electrical, Fuel Gas and Plumbing equipment, fixtures, piping, electrical and ducts, must be removed from any roof, room or crawlspace when it has become obsolete and disposed of in a manner consistent with local codes and ordinances. This will include removing equipment, fixtures, piping, electrical and ducts no longer in use to the nearest shut-off, electrical junction, main trunk line, or panel location. Exception: that equipment deemed to be of historical significance, on a historical registry or within a historical district or considered a historical landmark as determined by the City of Prescott, or equipment ‘safed’ in place due to asbestos or other contaminates by an approved remediation company.
OCCUPANCY – The purpose for which a structure, or part thereof, is used, approved or intended to be used in compliance with adopted code, as set by the Chief Building Official.
OWNER – Any person, agent, firm or corporation having a legal or equitable interest in the property.
PERMIT – An official document or certificate issued by the Authority Having Jurisdiction (AHJ) which authorizes performance of a specified activity.
PERSON – An individual, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
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.
PLUMBING CODE – The International Plumbing Code, published by the International Code Council, as adopted by this jurisdiction.
REMOTE BEDROOM – A bedroom area that is detached from the main structure and used or intended for sleeping, also see Guest House for additional requirements.
REPAIR – The reconstruction or renewal of any part of an existing building, structure, system or building service equipment for the purpose of its maintenance, that may or may not require a permit.
RESIDENTIAL CARE/ASSISTED LIVING HOME – A building or part thereof housing a maximum of 10 persons, excluding staff, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides supervisory, personal, or directed services. This classification shall include, but not be limited to the following:
Alcohol and drug abuse centers
Assisted living facilities
Congregate care facilities
Convalescent facilities
Group homes
Halfway houses
Residential board and Custodial care facilities
Social rehabilitation facilities
RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS – The International Residential Code for one- and two-family dwellings, published by the International Code Council, as adopted by this jurisdiction.
SHALL – The term, when used in this code, is to be construed as mandatory.
SHELL STRUCTURE – Structure where only the exterior of building is finished, Structure may not have utilities other than those required by the City of Prescott Fire Department. The interior of the structure may not be occupied until additional permits are approved and certified for occupancy.
SPECULATIVE WAREHOUSE – A building designed for high piled combustible storage without a known type or commodity designation specified. Must be designed and built to the most restrictive warehouse designation.
STRUCTURE – That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner that is to be used.
SUPERVISORY CARE SERVICE – General supervision, including daily awareness of resident functioning and continuing needs.
TECHNICAL CODES – Those codes adopted by this jurisdiction containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and building service equipment as herein defined.
TOWNHOUSE(S) – A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with open space on at least two sides. Such are not more than three stories above grade plane in height with a separate means of egress to each unit.
TRAILER (PARK MODEL) – A park trailer built on a single chassis with the square footage between 320 to 400, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and manufactured to comply with ANSI A119.5 standards, except that it does not include recreational vehicles, travel trailers, campers or fifth wheel trailers.
VALUATION or VALUE –The total estimated cost to replace, repair, build, or erect any building and its building service equipment in kind, based on current construction costs.
YURT/TENT – Canvas structure erected for more than 14 days within any 365 days or that is rented will required to meet all life safety requirements.
SECTION 104 – DUTIES AND POWERS OF CHIEF BUILDING OFFICIAL
SECTION 104.3 Notices and Orders is hereby deleted in its entirety and revised to read as follows:
104.3 Notices and Orders. The Chief Building Official or other appointed representatives, including but not limited to, inspectors, code enforcement officers, plans examiners and other employees, as directed by the Chief Building Official, shall issue all necessary notices or orders to ensure compliance with this code.
SECTION 104.5 – Identification is hereby deleted in its entirety and revised to read as follows:
104.5 – Identification. The Chief Building Official and appointed deputies shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
SECTION 104.7 – Department records is hereby amended by the revision of the first sentence to read as follows:
104.7 – Department records. The Chief Building Official shall keep and/or have access to official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued.
SECTION 104.10.1 – Flood Hazard Areas is hereby deleted in its entirety and replaced by Title XIII Floodplain Regulations as adopted by the City of Prescott.
SECTION 105 – PERMITS
SECTION 105.2 – Work exempt from permit is hereby deleted in its entirety and amended to read as follows:
105.2 – Work exempt from permit. A permit shall not be required for the types of work in each of the separate classes of permits as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of any codes or any other laws or ordinances.
NOTE: Work exempt from a permit pursuant to this section shall apply ONLY to Building Safety. Other City of Prescott regulatory agencies may have permit requirements for these exemptions.
Building permits. A building permit shall not be required for the following: (although zoning approval or a site plan may be required)
1. One-story detached accessory buildings on residential properties used as tool and storage sheds, garages, playhouses, and similar uses, provided the area does not exceed 200 square feet under roof or structural foot print. No plumbing, mechanical, and electrical to structure is allowed, the structure cannot be occupied.
2. Fences not over six feet (6') high.
3. Oil derricks.
4. Movable cases, counters and partitions not over five feet nine inches (5'-9") high.
5. Retaining walls, which are not over thirty two inches (32") in height, measured from the top of the footing to the top of the wall.
6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
7. Decks, platforms, walks and driveways being uncovered, not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not over any basement or story below, and which do not serve any egress door and are not attached to a structure.
8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
9. Temporary motion picture, television and theater stage sets and scenery where the public is not to attend.
10. Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than fifty-four inches (54").
11. Prefabricated swimming pools as an accessory to a Group R, Division 3 Occupancy used only for single family uses that are less than 24 inches deep with walls, fences entirely enclosed the pool and the adjacent grade where the water capacity does not exceed 5,000 gallons and the pool is entirely above ground. Any electrical or water heating systems require a separate permit.
12. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems in residential uses only and square footage not to exceed 200 square feet.
13. Swings and other playground equipment accessory to one- and two-family dwellings.
14. Re-roofing (no sheathing replacement) for one and two family properties. Exceptions: roofing in a historic house or district; structural curbing for equipment or building features.
15. Animal shades not to exceed 200 square feet under roof on residential properties. Any plumbing, mechanical, and electrical to structure will require a separate building permit.
16. Concrete flat work (driveways, walkways, and pads not to be used in connection with a structural component or building egress).
Plumbing permits. A plumbing permit shall not be required for the following:
1. The stopping of leaks in existing drain, soil, waste or vent pipes. Should any existing concealed trap, drain pipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in: existing pipes, valves or fixtures, the removal and reinstallation of water closets, and fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
Electrical permits. An electrical permit shall not be required for the following:
1. Listed cord and plug connecting temporary decorative lighting.
2. Re-installation of attachment plug receptacles, but not the outlet therefor.
3. Repair or replacement of listed fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.
4. Temporary wiring for experimental purposes in suitable experimental laboratories.
5. Listed portable motors or other listed portable appliances energized by means of a cord or cable having an attachment listed plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.
6. Repair or replacement of listed electrodes or transformers of the same size and capacity for signs or gas tube systems.
7. Removal of electrical wiring.
8. Electrical wiring, listed devices, listed appliances, listed apparatus or listed equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
9. The wiring for temporary theater, motion picture or television stage sets where the public is not to attend.
10. Low-energy power, controls and signal circuit of Class II and Class III as defined in the Electrical Code.
Mechanical permits. A mechanical permit shall not be required for the following:
1. A listed portable plug-in heating appliance on approved circuit.
2. Listed portable plug-in ventilating appliances and equipment on approved circuit.
3. A listed portable plug-in cooling unit on approved circuit.
4. Steam, hot water or chilled water piping within any listed heating or cooling equipment or listed appliances regulated by this code.
5. The replacement of any minor part that does not alter the approval of equipment or an appliance or make such equipment or appliance unsafe.
6. A portable plug-in evaporative cooler on approved circuit, not roof mounted.
7. Self-contained refrigerating systems that contain 10 pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (0.75 kW) or less.
8. Portable fuel cell appliances that are not connected to a fixed piping system and not interconnected to a power grid.
Fuel Gas permits. A fuel gas permit shall not be required for the following:
1. Any listed portable plug-in heating appliance on approved circuit.
2. Replacement of any minor part of equipment that does not alter approval of such equipment or make such equipment unsafe.
SECTION 105.3.2 – Time limitation of application is hereby deleted in its entirety and revised to read as follows:
105.3.2 – Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of approval or an approved permit has been issued. Such application shall be deemed abandoned and shall be expired. The Chief Building Official is authorized to grant an extension of time of up to 180 additional days. The extension shall be requested in writing and justifiable cause demonstrated prior to the expiration date.
SECTION 105.5 – Expiration is hereby deleted in its entirety and revised to read as follows:
105.5 – Expiration. Every permit issued shall become invalid unless the work authorized by such a permit has commenced within 180 days after its issuance, with approval of a valid inspection by the Building Safety Division as detailed in Section 110 and approval of subsequent valid inspections are obtained every 180 days thereafter. The Chief Building Official is authorized to grant up to one (1) extension of time for a period of not more than 180 days. All requests for extensions shall be in writing prior to the permit expiration and with justifiable cause demonstrated. Every permit issued shall become invalid within two and a half (2-1/2) years from the issued date regardless of all extensions of time. An expired permit shall only be renewed once provided no changes have been made or will be made in the original issued construction documents and the renewal application is submitted within one (1) year of the expiration date. Each extension will have a required fee per current adopted building fee schedule that shall accompany the written extension request. All permits allowed to expire and not eligible for re-instatement will receive a Notice of Violation with no occupancy allowed, and have the Parcel put on hold until brought current.
SECTION 107 – SUBMITTAL DOCUMENTS
SECTION 107.1 – General is hereby deleted in its entirety, except the exception, and revised to read as follows:
107.1 – General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, engineering calculations, and other data shall be submitted in two or more sets with each permit application. The construction documents for all disciplines shall be prepared by an Arizona licensed registrant when the building is regulated by the rules and regulations of the Arizona State Board of Technical Registration to require sealed plans by a qualified licensed registrant. The Chief Building Official may require the applicant submitting construction documents to demonstrate that state law does not require that the documents be prepared by an Arizona registrant.
SECTION 107.2.1 – Information on construction documents is hereby deleted in its entirety and revised to read as follows:
107.2.1 – Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when prior approval is obtained from the Chief Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Chief Building Official. All braced/shear wall lines, shall be identified on the construction documents and pertinent information including, but not limited to, bracing/shear methods, location and length of braced/shear wall panels, attachment of braced/shear wall panels to foundation and at top of braced/shear wall lines shall be provided, and any other information that is deemed to be required by the Chief Building Official.
SECTION 107.2.2 – Fire protection system shop drawings is hereby deleted in its entirety and revised to read as follows:
107.2.2 – Fire protection shop drawings. Shop drawings for the fire protection system(s) shall be submitted to the Authority Having Jurisdiction (AHJ) as determined by Section 101.4.6 of this code for review and shall be approved by the AHJ prior to the start of system installation. The Chief Building Official shall receive official notification of such approval prior to continued inspections of work in areas where fire protection system(s) are required.
SECTION 107.2.6 – Site plan is deleted in its entirety and revised to read as follows:
107.2.6 – Site plan. The construction documents submitted with the application for a permit shall be accompanied by a site plan drawn to a defined scale showing the size and locations of all new construction and existing structures on the site, distances from all lot lines, the existing (native) and proposed final grade contour intervals, building pad elevations, finished floor elevations, drainage flow directions, utility line locations (water, gas, sewer, septic, and electrical) and cut and fill amounts of any grading. Plans must also include all required SWPPP locations and details. In the case of demolition, the 8 ½" x 11" plot plan shall show structure(s) to be demolished and the location and size of existing structure(s) to remain on the property. The Chief Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. Electronic submittal is also required.
SECTION 107.2.6.1 – Design Flood Elevations as adopted by Title XIII of the City of Prescott.
SECTION 107.3.3 – Phased approval is hereby deleted in its entirety.
SECTION 107.5 – Retention of construction documents is hereby amended by State approved retention schedules.
SECTION 108 TEMPORARY STRUCTURES AND USES
SECTION 108.3 – Temporary power is amended by adding the following sentence to the end of the paragraph:
108.3 – Temporary power. 1. Applicant must show due cause, obtain the Chief Building Official authorization prior to permit issuance, obtain separate permit, and provide APS sign-off for location.
SECTION 109 – FEES
SECTION 109 – FEES is hereby deleted in its entirety and revised as follows:
109.1 – Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
109.2 – Schedule of permit fees. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by City of Prescott, and may be changed occasionally. All fees are to be rounded up to the next whole dollar.
109.3 – Building permit valuations. Valuations shall be determined as set forth in that certain document called "Building Valuation Data," as published by the International Code Council. Valuations per square foot shall be rounded up to the next whole dollar.
The annual publication of "Building Valuation Data" as published by the International Code Council shall automatically be adopted, effective January 1st of each year following publication, absent specific action to the contrary by the City of Prescott City Council. The same rounding described above shall be applied to the new valuations per square foot in each subsequent publication. A copy of the most current "Building Valuation Data" shall be kept on file by the Chief Building Official (as well as by the City Clerk) for public inspection.
Valuation for categories of construction not specifically covered by the applicable "Building Valuation Data" shall be established by the Chief Building Official in a separate listing (kept on file at the Community Development Department and also filed with the City Clerk for public inspection), and are expressly adopted herein and made a part hereof. The Chief Building Official shall annually review such valuations and make adjustments based on the valuations in the publication of "Building Valuation Data".
The value to be used in computing the building permit fee and building plan review fee shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems, and other permanent equipment.
For all permit fee schedules, see the current adopted permit fee resolution.
109.3.1 – Plan review fees. When submittal documents are required by Section 107, a deposit shall be paid at the time documents are submitted for plan review.
The plan review fees for electrical, mechanical and plumbing work shall be as shown in the Valuation and Fee Schedule.
The plan review fees specified in this section are separate fees from the permit fees specified in Section 109 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate shown in the Valuation and Fee Schedule.
109.4 – Work commencing before permit issuance. 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 a fee established by the Chief Building Official that shall be in addition to the required permit fees.
109.4.1 – Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation may be made prior to a permit being issued for such work.
Exception: Repairs performed in an emergency situation where the application was submitted the next business day.
109.4.2 – Investigation Permit Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code; the technical codes, and from the penalty prescribed by law.
109.5 – Related Fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
109.6 – Fee Refunds
The Chief Building Official may authorize refunding of a fee paid hereunder, which was erroneously paid or collected.
The Chief Building Official may authorize refunding of up to 80% of the building permit fee paid when no work and no inspections have been done under a permit issued in accordance with this code.
The Chief Building official may authorize refunding of up to 80% of plumbing, electrical, and mechanical fees paid when no work and no inspections have been done under a permit issued in accordance with this code.
The Chief Building Official may authorize refunding a plan review fee for a permit withdrawn after a deposit fee has been paid at the greater of the per-hour charge rate (minimum of one hour) or the calculated plan review fee. No refund of plan review fees is authorized once plan review on a plan has begun.
The Chief Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original applicant no later than 180 days after the date of fee payment.
SECTION 110 – INSPECTIONS
SECTION 110 – INSPECTIONS is deleted in its entirety and revised to read as follows:
SECTION 110 – INSPECTIONS
110.1 – General. Construction or work for which a permit is required shall be subject to inspection by the Chief Building Official or appointed deputies 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 code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code 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 Chief Building Official or appointed deputies, nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
A survey of the property, as done by an Arizona licensed surveyor may be required by the Chief Building Official to verify that buildings, structures and related features are located in accordance with the approved plans.
110.2 – Preliminary inspection. Before issuing a permit, the Chief Building Official is authorized to examine, or cause to be examined, the buildings, structures and sites for which an application has been filed.
110.3 – Required inspections. The Chief Building Official or appointed deputies, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.15 or any other inspection as deemed necessary by the Chief Building Official. The Chief Building Official may modify inspections by policy as required.
110.3.1 – Footing. Footing inspection shall be made after excavations are complete and any required reinforcing steel is in place. For concrete footings, any required forms shall be in place prior to inspection. As required by ACI standards, all vertical steel shall be tied in place at the time of footing inspection.
110.3.2 – Stem wall/grout. Stem wall inspections of masonry or formed concrete walls, shall be made prior to any grout or concrete being placed after the masonry units or required forms are completed and any required reinforcing steel installed with proper laps, splices etc., including the installation of any required framing attachments, which shall be secured to the un-grouted masonry units or concrete wall forms.
110.3.3 – Reinforced masonry, insulating concrete form (ICF) and conventionally formed concrete wall inspection. Reinforced masonry walls, insulating concrete form (ICF) walls and conventionally formed concrete walls shall be inspected after plumbing, mechanical and electrical systems embedded within the walls, and reinforcing steel are in place and prior to placement of grout or concrete. Inspection shall verify the correct size, location, spacing and lapping of reinforcement. For masonry walls, inspection shall also verify that the location of grout cleanouts and size of grout spaces comply with the requirements of this code.
110.3.4 – Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the sub floor. Residential building concrete slab inspections shall include the garage floor.
110.3.5 – Floodplain inspections. For construction in areas prone to flooding, as determined by the City of Prescott Flood Maps and the City of Prescott Flood Engineer, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the Chief Building Official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including the basement, or as required by City of Prescott Flood Engineer.
110.3.6 – Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to slab pours, or at the time of rough-in inspection prior to insulation.
Exception: Back-filling of ground-source heat pump loop systems tested in accordance with Sections M2105.1 of the 2018 International Residential Code and 1208.1.1 of the 2018 International Mechanical Code prior to inspection shall be permitted.
110.3.7 – Roof nailing and exterior braced wall panels. Roof nailing and exterior braced wall panel inspection shall be made after the roof deck sheathing, exterior wall sheathing, and required wall framing attachments are in place and prior to the installation of the roofing material and exterior wall covering. All required wall framing attachments to the foundation and stem wall systems shall be in place.
110.3.8 – Framing and exterior lath. Framing inspection shall be made after all framing, fire-blocking, windows, and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating, wiring, pipes and ducts are installed. All penetrations through the floor and through the top plate into the attic must be sealed.
110.3.9 – Water-resistive and/or Air barrier. A moisture barrier inspection shall be performed after all flashings, windows, and moisture barrier is installed prior to the installation of any exterior wall covering. For water resistive and/or air barrier inspection, a letter of code compliance, on the contractors letterhead, stating a certified installer (general or sub-contractor) was used to install the water-resistive and/or air barrier, along with a certificate of training from barrier manufacture, can be submitted at rough in inspection in lieu of building wrap/barrier being inspected for water resistive and air barrier proper installation.
110.3.10 – Energy Efficiency Inspections. Insulation inspection shall be made after frame and exterior lath inspection and all rough plumbing, mechanical, gas, and electrical systems are approved and prior to covering or concealment. Blown or sprayed roof/ceiling insulation may be verified before final inspection with markers affixed to the trusses or joists and marked with the insulation thickness by one inch (1") high numbers. A minimum of one (1) marker must be provided for each 300 square feet of area, with numbers to face the attic access opening. In lieu of an insulation inspection, a certification from the insulation installer may be submitted. Wall air barrier must be approved prior to lath inspections.
110.3.11 – Gypsum board. An inspection shall be made of the gypsum board, interior and exterior, before any joints and fasteners are taped and finished.
110.3.12 – Fire-resistant penetrations and fire-resistance-rated construction inspection. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved. Where fire-resistance-rated construction is required between dwelling units or due to location on property, the Chief Building Official or appointed deputies shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wall board joints and fasteners are taped and finished.
110.3.13 – Special inspections. For special inspections, see Section 1704 of the 2018 International Building Code and technical guidelines as adopted by this jurisdiction.
110.3.14 – Other inspections. In addition to the inspections specified above, the Chief Building Official or appointed deputies are authorized to make or require other inspection(s) of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Authority Having Jurisdiction (AHJ).
110.3.15 – Final inspection. Final inspection shall be made after the permitted work is complete and prior to occupancy.
110.4 – Inspection agencies. The Chief Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability and have obtained prior approval.
110.5 – Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Chief Building Official or appointed deputies 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 that are required by this code.
110.6 – Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Chief Building Official or appointed deputies. The Chief Building Official or appointed deputies, upon notification, shall perform the requested inspection and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Chief Building Official or appointed deputies.
110.7 – Re-inspection. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. The Re-inspect fee will apply on the third (3rd) inspection attempt. To obtain a re-inspection, the applicant shall pay the re-inspection fee as set forth in the fee schedule adopted by this jurisdiction. In instances where re-inspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
SECTION 111 – CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLETION
SECTION 111.1 – Use and Occupancy is hereby amended as follows:
111.1 – Use and Occupancy.
Adding last sentence as follows: "Certificate of occupancy is to be maintained on the premises."
Exception: Certificates of Occupancy or Certificate of Completion are not required for work exempt from permits under Section 105.2, accessory buildings or structures on residential properties being used for non-habitable residential purposes. Certificates of Completion shall be issued on permits issued as a Shell Building. Certificates of Completion shall not authorize occupancy.
SECTION 113 – BOARD OF APPEALS
SECTION 113 – Board of appeals is hereby deleted in its entirety and revised to read as follows:
SECTION 113 – ADVISORY AND APPEALS BOARD:
SECTION 113 – Advisory and Appeals Board
113.1 – General. In order to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of the technical code, there is hereby created the Building Safety Advisory and Appeals Board.
113.2 – Number of Board Members. The Building Safety Advisory and Appeals Board shall consist of five (5) voting members appointed by the City Council of Prescott for a four-year term, scheduled so that no more than two (2) terms expire in a given year. The City of Prescott Council shall fill vacancies for unexpired terms.
113.3 – Members of Board. Members of the Advisory and Appeals Board shall include representatives in the following areas, to the extent that qualified representatives are available and willing to serve:
• An architect or a professional engineer duly licensed or prior licensed in the State of Arizona, held in good standing.
• A general contractor, duly licensed or prior licensed, held in good standing.
• One or two persons representing the public and who are residents of the City of Prescott, with extensive knowledge relating to construction matters.
• One or two persons duly or prior licensed, or possessing extensive knowledge in the electrical, mechanical, or plumbing trades.
• The Chief Building Official shall be an ex officio member, shall have no vote upon any matters before the Board, and shall provide a Secretary to the Board that shall also have no vote upon any matters before the Board.
113.4 – Duties of Building Safety Advisory and Appeals Board.
1. The Building Safety Advisory and Appeals Board shall hear appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of the building and/or technical code, including suitability of alternative materials and methods of construction, effectiveness, efficiency, responsiveness, code content, geographic coverage, and any other matters of concern to the Board.
2. Findings shall be advisory to the Chief Building Official.
3. The Board shall act as technical advisory in the formation and acceptance of adopting Building Codes and Ordinances in the City of Prescott.
113.5 – Limitation of Authority. The Building Safety Advisory and Appeals Board shall have no authority relative to interpretation of the administrative provisions of this code or the administrative provisions of the technical codes, nor shall the Board be empowered to waive requirements of either this code or the technical codes.
(Ord. 4601, 09-11-2007, eff. 10-15-2007; Ord. 4675-0918 12-09-2008, eff. 01-08-2009; Ord. 4900-1438, 9-23-2014; Ord. 4928-1466, 4-14-2015; Ord. 4973-1511, 5-17-2016; Ord. 2019-1663, 6-11-2019)
3-17-3 PENALTIES:
(A) PENALTY – CRIMINAL: Any person who violates any provision of this chapter or the codes adopted pursuant to this chapter may be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1-3-1, by a fine not exceeding two thousand five hundred dollars ($2,500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment, at the discretion of the City judge. Each and every day any such violation continues shall be deemed and considered a separate offense.
(B) PENALTY – CIVIL: Upon conviction any person who violates any provision of this chapter thereof may be punished as provided in Sections 1-3-1 and 1-3-2 and subject to a civil penalty. Each and every day any such violation continues shall be deemed and considered a separate offense. (Ord. 4601, 09-11-2007, eff. 10-15-2007; Ord. 4675-0918 12-09-2008, eff. 01-08-2009; Ord. 4900-1438, 9-23-2014; Ord. 4928-1466, 4-14-2015; Ord. 2019-1663, 6-11-2019)