Code Updates - Building 150
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RESOLUTION R23-05-10 EXHIBIT
PROPOSED CODE REVISION
CHAPTER 150: BUILDING CODE
Below are the proposed changes to § 150.001, §150.004, § 150.095, § 150.098, §
150.101 and 150.115 of the City Code.
BUILDING CODES; AMENDMENTS
§ 150.001 ADOPTION OF BUILDING CODES.
(A) International Building Code; Amendments. The certain document designated and
marked as the 2018 International Building Code and appendices C and H contained
therein, copies of which are on file electronically in the office of the City Clerk of the city,
and as amended by that portion of the certain document entitled El Mirage Amendments
applicable to the 2018 International Building Code, three copies of which are on file in
the office of the City Clerk of the city, together are hereby adopted as the Building Code
for the city by reference as if set forth herein in full and made part and parcel of the
section for regulating and controlling the installing, construction, remodeling, alteration,
repair and conversion of buildings within the corporate limits of the city, and it is hereby
declared to be unlawful to construct, erect, install, alter, repair, change, move, remove,
maintain or use any house, building or structure in the city, or cause or permit the same
to be done, contrary to or in violation of the Building Code as herewith adopted by the
Council of the city.
(B) International Residential Code; Amendments. The certain document designated
and marked as the 2018 International Residential Code and appendices A, B, C, E, G,
H, K, N, P, Q, R, S and T contained therein, copies of which are on file electronically in
the office of the City Clerk of the city, and as amended by that portion of the certain
document entitled El Mirage Amendments applicable to the 2018 International
Residential Code, three copies of which are on file in the office of the City Clerk of the
city, together are hereby adopted as the Residential Building Code for the city by
reference as if set forth herein in full and made part and parcel of the section for
regulating and controlling the erection, construction, enlargement, alteration, repair
moving, improvement, removal, equipping, use, occupying or maintaining any
residential building on premises within the city, and it is hereby declared to be unlawful
to construct, erect, enlarge, alter, repair, maintain, move, improve, demolish, equip, use,
occupy any one- and two-family residential building or premises within the city, or cause
or permit the same to be done, contrary to or in violation of any provisions of the
Residential Code as herewith adopted by the Council of the city.
(C) National Electric Code; Amendments. The certain document designated and
marked as the 2017 National Electric Code and all appendices contained therein,
copies of which are on file electronically in the office of the City Clerk of the city, and as
amended by that portion of the certain document entitled El Mirage Amendments
applicable to the 2017 National Electric Code, three copies of which are on file in the
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office of the City Clerk of the city, together are hereby adopted as the Electric Code for
the city by reference as if set forth herein in full and made part and parcel of the section
for regulating and controlling the installing, construction, remodeling, alteration, repair,
conversion, maintenance, use and removal of houses, buildings, structures and
premises and of electrical installations of any type whatsoever therein or thereupon
within the corporate limits of the city, and it is hereby declared to be unlawful to
construct, erect, install, remodel, alter, repair, change, convert, use, remove, maintain or
demolish any house, building or structure or premises or any electrical installation of
any type whatsoever therein or thereupon within the city, or cause or permit the same to
be done, contrary to or in violation of the Electric Code as herewith adopted by the
Council of the city.
(D) International Fire Code; Amendments. The certain document designated and
marked as the 2018 International Fire Code and all appendices contained therein,
copies of which are on file electronically in the office of the City Clerk of the city, and as
amended by that portion of the certain document entitled El Mirage Amendments
applicable to the 2018 International Fire Code, three copies of which are on file in the
office of the City Clerk of the city, together are hereby adopted as the Fire Code for the
city by reference as if set forth herein in full and made part and parcel of the section for
establishing regulations affecting or relating to structures, processes, premises and
safeguards regarding: the hazard of fire and explosion arising from the storage,
handling or use of structures, materials or devices; Conditions hazardous to life,
property or public welfare in the occupancy of structures or premises; Fire hazards in
the structure or on the premises from occupancy or operation; Matters related to the
construction, extension, repair, alteration or removal of fire suppression or alarm
systems; and conditions affecting the safety of fire fighters and emergency responders
during emergency operations within the city, or cause or permit the same to be done,
contrary to or in violation of any provisions of the Fire Code as herewith adopted by the
Council of the city.
(E) International Plumbing Code; Amendments. The certain document designated
and marked as the 2018 International Plumbing Code and appendices B, C, and E
contained therein, copies of which are on file electronically in the office of the City Clerk
of the city, and as amended by that portion of the certain document entitled El Mirage
Amendments applicable to the 2018 International Plumbing Code, three copies of which
are on file in the office of the City Clerk of the city, together are hereby adopted as the
Plumbing Code for the city by reference as is set forth herein in full and made part and
parcel of the section for regulating and controlling the design, construction, quality of
materials, erection, installation alteration, repair location, relocation, replacement,
addition to, removal, use, or maintenance of any plumbing systems on premises within
the city, and it is hereby declared to be unlawful to cause or permit the same to be
done, contrary to or in violation of any provisions of the Plumbing Code as herewith
adopted by the Council of the city.
(F) International Mechanical Code; Amendments. The certain document designated
and marked as the 2018 International Mechanical Code, copies of which are on file
electronically in the office of the City Clerk of the city, and as amended by that portion of
the certain document entitled El Mirage Amendments applicable to the 2018
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International Mechanical Code, three copies of which are on file in the office of the City
Clerk of the city, together are hereby adopted as the Mechanical Code for the city by
reference as if set forth herein in full and made part and parcel of the section for
regulating and controlling the design, construction, quality of materials, operation,
installation, alteration, repair, relocation, replacement, addition to, removal, use, or
maintenance of any heating, ventilating, comfort-cooling or refrigeration systems,
incinerators, or other miscellaneous heat- producing appliances, within the city, and it is
hereby declared to be unlawful to cause or permit the same to be done, contrary to or in
violation of any provisions of the Mechanical Code as herewith adopted by the Council
of the city.
(G) International Fuel Gas Code; Amendments. The certain document designated
and marked as the 2018 International Fuel Gas Code, copies of which are on file
electronically in the office of the City Clerk of the city, and as amended by that portion of
the certain document entitled El Mirage Amendments applicable to the 2018
International Fuel Gas Code, three copies of which are on file in the office of the City
Clerk of the city, together are hereby adopted as the Mechanical Code for the city by
reference as if set forth herein in full and made part and parcel of the section for
regulating and controlling the design, construction, quality of materials, operation,
installation, alteration, repair, relocation, replacement, addition to, removal, use, or
maintenance of any fuel gas systems and gas-fired appliances within the city, and it is
hereby declared to be unlawful to cause or permit the same to be done, contrary to or in
violation of any provisions of the Fuel Gas Code as herewith adopted by the Council of
the city.
(H) International Existing Building Code; Amendments. The certain document
designated and marked as the 2018 International Existing Building Code, copies of
which are on file electronically in the office of the City Clerk of the city, and as amended
by that portion of the certain document entitled El Mirage Amendments applicable to the
2018 International Existing Building Code, three copies of which are on file in the office
of the City Clerk of the city, together are hereby adopted as the Existing Building Code
for the city by reference as if set forth herein in full and made part and parcel of the
section for the use of alternative approaches to achieve compliance with minimum
requirements to safeguard the public health, safety and welfare insofar as they are
affected by the repair, alteration, change of occupancy, addition and relocation of
existing buildings and it is hereby declared to be unlawful to cause or permit the same
to be done, contrary to or in violation of the Existing Building Code as herewith adopted
by the Council of the city.
(I) International Property Maintenance Code. The certain document designated and
marked as the International Property Maintenance Code, copies of which are on file
electronically in the office of the City Clerk of the city, and as amended by that portion of
the certain document entitled El Mirage Amendments applicable to the International
Property Maintenance Code, three copies of which are on file in the office of the City
Clerk of the city, together are hereby adopted as the Property Maintenance Code for the
city.
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(1) Enforcement; Violations; Penalties; Inspections. Any Code Enforcement official,
building official, police officer or other person designated by the City Manager may
inspect buildings or land to determine compliance with the International Property
Maintenance Code, as herewith adopted by the Council of the city.
(2) Violations; Civil or criminal infractions. A violation of any provision of the
International Property Maintenance Code, as adopted herein, may be prosecuted by the
city, in its sole discretion, as either a civil infraction or a class 1 misdemeanor offense.
Each day a violation exists may be deemed a separate offense. A citation for a civil
infraction of an alleged violation of the International Property Maintenance Code, as
adopted herein, may be issued by any city code enforcement official, building official,
police officer or any other person authorized by the City Manager.
(3) Penalty; Civil infraction. A civil infraction shall be heard by either the city court
or a hearing officer appointed by the Mayor and Council of the City of El Mirage. Any
person found responsible by the city court or a hearing officer for a civil infraction of the
International Property Maintenance Code as adopted herein, shall be subject to a fine of
not less than $50 or more than $1,000 per violation.
(4) Penalty; Class 1 misdemeanor. Any person found guilty of a criminal violation
(class 1 misdemeanor) of the Property Maintenance Code as adopted herein, shall be
subject to imprisonment not to exceed 180 days per violation and/or a fine not to exceed
$2,500 per violation, unless the violator is an enterprise in which case the fine shall not
exceed $20,000 per violation.
(5) Costs and expenses. In addition to any penalty, fine, and/or jail time imposed
for a violation of the Property Maintenance Code as adopted herein, a person found to
be in violation shall also be ordered to reimburse the city all costs and expenses
incurred by the city in prosecuting the violation and abating the violation.
(J) International Energy Conservation Code; Amendments. The certain document
designated and marked as the International Energy Conservation Code, copies of which
are on file electronically in the office of the City Clerk of the city, and as amended by
that portion of the certain document entitled El Mirage Amendments applicable to the
International Energy Conservation Code, three copies of which are on file in the office of
the City Clerk of the city, together are hereby adopted as the Energy Code for the city
by reference as if set forth herein in full and made part and parcel of the section to
regulate the design and construction of buildings for the effective use and conservation
of energy over the useful life of each building. This code is intended to provide flexibility
to permit the use of innovative approaches and techniques to achieve this objective.
This code is not intended to abridge safety, health or environmental requirements
contained in other applicable codes or ordinances and it is hereby declared to be
unlawful to cause or permit the same to be done, contrary to or in violation of the
Energy Code as herewith adopted by the Council of the city.
(K) International Green Construction Code. The certain document designated and
marked as the 2018 International Green Construction Code, copies of which are on file
electronically in the office of the City Clerk of the city, and as amended by that portion of
the certain document entitled El Mirage Amendments applicable to the International
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Green Construction Code, three copies of which are on file in the office of the City Clerk
of the city, together are hereby adopted as the Green Construction Code for the city as
is set forth herein in full and made part and parcel of the section as an overlay
document to be used voluntarily in conjunction with the other codes and standards
adopted by the city. The provisions of this code shall apply to the design, construction,
addition, alteration, change of occupancy, relocation, replacement, repair, equipment,
building site, maintenance, removal and demolition of every building or structure or any
appurtenances connected or attached to such buildings or structures and to the site on
which the building is located. This code is intended to safeguard the environment, public
health, safety and general welfare through the establishment of requirements to reduce
the negative impacts and increase the positive impacts of the built environment on the
natural environment and building occupants. This code is not intended to abridge or
supersede safety, health or environmental requirements under other applicable codes
or ordinances.
(L) The Uniform Code For the Abatement of Dangerous Buildings, 1997 edition. The
certain code entitled Uniform Code for the Abatement of Dangerous Buildings, 1997
edition, is hereby adopted as the Uniform Code for the Abatement of Dangerous
Buildings of the city and made part of this chapter the same as though the code was
specifically set forth in full herein, and at least three copies of the code shall be filed in
the office of the City Clerk and kept available for the public use and inspection.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.002 CONFORMANCE TO ZONING ORDINANCE.
Whenever a building permit is issued and a building inspection performed, the building
must conform to the provisions of Chapter 154 of this code in addition to the provision of
this chapter.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.003 MOVING OF BUILDINGS.
(A) In addition to any other requirements of law or city ordinances, the moving of any
building into the city shall be governed by all international codes and standards set forth
in this chapter.
(B) Requirements of the International Building Code shall apply for moving buildings
into the city limits.
(C) In addition to the provisions provided in the International Building Code, any
building shall not be moved into the corporate limits until which time as the Building
Inspector, Building Official or City Manager has issued a building permit. The application
for permit must fully comply with the provisions of § 105 of the International Building
Code, unless otherwise exempted or waived by the responsible city official. Prior to
receiving a building permit for moving any building into or within the city which does not
comply with §§ 150.095 et seq., the applicant shall post a bond in favor of the city in a
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sum determined by the Building Official, which shall be in an amount no less than
$10,000. The bond shall be conditioned that a certificate of occupancy be issued for the
building in no less than 180 days from the issuance of a building permit or within any
extension period granted pursuant to division (D) of this section or the bond shall be
forfeited.
(D) Every permit issued by the Building Department under the provisions of this
section shall expire by limitations and shall be void if the building or work authorized by
the permit is not completed within 180 days from the date of permit. An applicant may
apply for an extension in writing which may be granted by the City Council in its
discretion, which may or may not waive forfeiture of any bond. When granted an
extension of expired permits, all permits shall be renewed by paying one-half the
amount required for a permit within seven days after approval by the Council.
(E) Military barracks and apartment structures will not be allowed to be moved into
the city.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.004 PROFESSIONAL CERTIFICATION REQUIREMENTS FOR BUILDING
OFFICIAL OR INSPECTOR.
(A) All building inspectors employed by the city shall, within six months of
commencing such employment and thereafter maintain certification as a building
inspector from the International Code Council (ICC).
(B) The City Manager may require building inspectors to obtain and thereafter
maintain such additional ICC certifications as (s)he determines are necessary job
qualifications. Any building inspector employed by the city at the time the additional
requirement is imposed shall have six months thereafter to obtain the additional
certification.
(C) Building inspectors employed by the city on the effective date of this chapter
shall have six months to obtain building inspector certification from the ICC.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.005 BUILDING INSPECTOR.
The Building Inspector and administrative authority, as such may be referenced in any
section of the chapter for all matters pertaining to any building, plumbing, mechanical,
electrical or any other inspections, shall be vested in the office of City Manager or such
other person the Manager may designate.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
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MOBILE AND MANUFACTURED HOUSING STANDARDS
§ 150.095 ADOPTION OF STANDARDS.
The certain set of standards, composing A.R.S. Title 41, Chapter 16, Articles 1 and 2
of the Arizona Department of Housing, Statutes and Rules, adopted by the Secretary of
State and revised June 13, 2013 of the Manufactured Housing & Building Division, and
as the same may be amended from time to time, is hereby adopted as the Mobile and
Manufactured Housing Standards of the city and made a part of this chapter the same
as though the standards were specifically set forth in full herein. Copies of the standards
are on file electronically.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.096 UTILITY CONNECTIONS.
All utility connections shall be pursuant to:
(A) Currently adopted International Plumbing Code;
(B) Currently adopted National Electric Code; and
(C) Currently adopted International Fuel Gas Code.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.097 ACCESSORY STRUCTURES.
Unless otherwise specified in this chapter, the installation, assembly, connections or
construction of any accessory structure shall be pursuant to the applicable requirements
of:
(A) The currently adopted International Building Code;
(B) The currently adopted International Residential Code;
(C) The currently adopted International Plumbing Code;
(D) The currently adopted International Mechanical Code; and
(E) The currently adopted National Electric Code.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
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§ 150.098 SKIRTING.
Skirting shall be installed in accordance with the Manufactured Housing Installation
Requirements of the Arizona Department of Housing, Manufactured Housing & Building
Division with an effective date of 9-13-2013.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.099 ATTACHED PATIO, CARPORT, PORCH, GARAGE OR STORAGE ROOM.
The following specifications shall apply to the construction or assembly of an attached
patio, carport, porch, garage or storage room:
(A) Materials.
(1) Roof coverings may be metal, plastic, wood, or other approved material.
(2) Floor decking may be wood, concrete or other approved material.
(B) All roofs shall be constructed so as to withstand 20 pounds per square foot live
load, 20 pounds per square foot uplift load.
(C) Construction and assembly specifications shall be certified to comply with this
chapter by:
(1) Structural reports;
(2) Certified engineering calculations; or
(3) Approval of the City Building Department.
(Ord. O14-08-07, passed 8-13-2014, Res. R14-08-18, passed 8-13-2014)
§ 150.100 DRAINAGE.
Drainage of at least one-half inch per foot shall be provided for the first ten feet
adjacent to all sides of a mobile home. Where property lines, walls, slopes, or other
physical conditions prohibit this slope, the site must be provided with drains or swales or
otherwise graded to drain water away from the structure.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.101 GROUND ANCHORING.
When a unit is anchored, the anchoring shall be consistent with the Manufactured
Housing Installation Requirements of the Arizona Department of Housing, Manufactured
Housing & Building Division with an effective date of 9-13-2013.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
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CONSTRUCTION SOUND TRANSMISSION CONTROL (NOISE)
§ 150.115 BUILDING OPERATIONS.
(A) Building Operations; Permits from the Building Official. The erection (including
excavation), demolition, alteration, or repair of any building in any residential district or
section, other than between the hours of 6:00 a.m. and 7:00 p.m. from the first day of
May to and including the 30th day of September and between the hours of 7:00 a.m.
and 7:00 p.m. beginning the first day of October to and including the 30th day of April on
Monday through Saturday with year round hours of 8:00 a.m. to 7:00 p.m. on Sundays,
except in the case of urgent necessity in the interest of public health, safety, and
welfare, and then only with a permit from the Building Official, which permit may be
granted for a period not to exceed 30 days, while the emergency continues. If the
Building Official should determine that the public health, safety and welfare will not be
impaired by the building within the hours specified herein, and if (s)he shall further
determine that loss or inconvenience would not result to any party in interest, (s)he may
grant permission for the work to be done at times other than specified herein, upon
application being made at the time the permit for the work is awarded or during progress
of the work.
(B) Excavation of streets; Permits from the Development Services Director. The
excavation of streets, highways in any residential district or section, other than the hours
specified in division (A) above, except in the case of urgent necessity to the interest of
public health, safety and welfare then only with a permit from the Development Services
Director, which permit may be granted for a period not to exceed 30 days, while the
emergency continues. If the Development Services Director should determine that the
public health, safety and welfare will not be impaired by the excavation of streets and
highways within the hours specified in division (A) above, and if (s)he shall further
determine that loss or inconvenience should not result to any party in interest, (s)he
may grant permission for the work to be done other than the specified division (A)
above, upon application being made at the time the permit for work is awarded or during
the progress of work.
(C) Exception. No work shall be conducted on any legal federal, state or city holiday
unless urgent necessity exists as described in division (A) above and until full
compliance with those regulations set forth therein.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)
§ 150.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is
prescribed shall be subject to § 10.99.
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(B) Any person found guilty of violating any provision of the Technical Codes shall be
guilty of a class 1 misdemeanor, punishable by a fine not to exceed $500 or by
imprisonment for a period not to exceed six months, or by both fine and imprisonment.
Each day the violation continues shall be a separate offense.
(C) In addition to any criminal penalties provided in this code, a violation of
§ 150.003 shall be punishable by imposition of a civil fine in an amount up to $500 for
each day the violation continues.
(Ord. O14-08-07, passed 8-13-2014; Res. R14-08-18, passed 8-13-2014)