Code Updates - Building 150

City of El Mirage — Regular Meeting (2023-05-16)

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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)