TEMPE CONSTRUCTION CODE - EXHIBIT C.DOCX

CITY OF TEMPE
ADMINISTRATIVE CODE

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Table of Contents
SECTION 101 
GENERAL
192
SECTION 102 
APPLICABILITY
196
SECTION 103 
BUILDING SAFETY DIVISION
198
SECTION 104 
DUTIES AND POWERS OF BUILDING OFFICIAL
198
SECTION 105 
PERMITS
203
SECTION 106 
FLOOR & ROOF DESIGN LOADS
207
SECTION 107 
CONSTRUCTION DOCUMENTS
208
SECTION 108 
TEMPORARY STRUCTURES AND USES
210
SECTION 109 
FEES
211
SECTION 110 
INSPECTIONS
213
SECTION 111 
CERTIFICATE OF OCCUPANCY
215
SECTION 112 
SERVICE UTILITIES
217
SECTION 113 
TECHNICAL CODE ADVISORY BOARD OF APPEALS
218
SECTION 114 
VIOLATIONS
220
SECTION 115 
STOP WORK ORDER
221
SECTION 116 
UNSAFE STRUCTURES AND EQUIPMENT
221
SECTION 117 
BUILDING ADDRESS, TENANT SUITE AND DWELLING 
UNIT NUMBER ASSIGNMENT
224
SECTION 118 
SECTIONS 118 THROUGH 199 RESERVED
226

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SECTION 101 
GENERAL
101.1 Title. 
These provisions shall be known as the Tempe Administrative Code, hereinafter referred to as "this code."
101.2 Scope. 
The provisions of this code shall serve as the administrative, organizational and enforcement rules and provisions for 
the City of Tempe Construction Codes which apply to site preparation, construction, alteration, relocation, 
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of 
every building, structure, swimming pool, electrical, plumbing, mechanical or fuel gas systems and any building 
service equipment or appurtenances connected or attached thereto within the City of Tempe, Arizona.
Exceptions: Structures, installations systems, appliances and equipment outside the scope of the Technical Codes:
1.
Tree houses.
2.
Portable or temporary amusement devices and structures, including merry-go-rounds, ferris wheels, 
rotating conveyances, slides, similar devices and accessory structures whose use is necessary for the 
operation of such amusement devices and structures; any accessory structure included in the provisions of 
this sub-section shall be limited to a cover or roof over each device, but shall not include any storage 
building or detached structure which is not an integral part of the device.
3.
Tanks or basins, without a building above, built below grade which is a part of the City water or sewage 
treatment process.
4.
Storage tanks resting in or upon the ground and installed in accordance with the requirements of the Fire 
Medical Rescue Department.
5.
Electrical installations in ships, watercraft other than floating buildings, railway rolling stock, aircraft or 
automotive vehicles and recreational vehicles other than mobile homes. This shall not exempt electrical 
installations contained in, on or attached to watercraft, railway rolling stock, aircraft or automotive vehicles 
when such electrical installations receive energy from an external source of power.
6.
Electrical installations underground in mines and self-propelled mobile surface mining machinery and its 
attendant electrical trailing cable.
7.
Electrical installations of railways for generation, transformation, energy storage, or distribution of power 
used exclusively for the operation of rolling stock, or installations used exclusively for signaling and 
communication purposes.
8.
Electrical installations of communication equipment under exclusive control of communication utilities 
located outdoors or in building spaces used exclusively for such installations.
9.
Electrical installations under the exclusive control of electrical utilities where such installations:
1.
Consist of service drops or service laterals and associated metering, or
2.
Are on property owned or leased by the electric utility for the purpose of communication, 
metering, generation, control, transformation, transmission, energy storage or distribution of 
electrical energy, or
3.
Are located in legally established easements or rights-of-ways, or

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4.
Are located by other written agreements either designated by or recognized by public service 
commissions, utility commissions or other regulatory agencies having jurisdiction for such 
installations. These written agreements shall be limited to installations for the purpose of 
communication, metering, generation, control, transformation, transmission, energy storage or 
distribution of electrical energy where legally established easements or rights-of-way cannot be 
obtained. These installations shall be limited to federal lands, Native American reservations 
through the U.S. Department of the Interior Bureau of Indian Affairs, military bases, lands 
controlled by port authorities and state agencies and departments, and lands owned by railroads.
10. Portable liquefied petroleum (LP) gas appliances and equipment of all types not connected to a fixed fuel 
piping system.
11. Installation of farm appliances and equipment such as brooders, dehydrators, dryers and irrigation 
equipment.
12. Raw material (feedstock) applications except for piping to special atmosphere generators.
13. Oxygen-fuel gas cutting and welding systems.
14. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, 
carbon monoxide, oxygen and nitrogen.
15. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, 
refinery tank farms and natural gas processing plants.
16. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are 
produced by, or used in, chemical reactions
17. Liquefied petroleum (LP) gas installations at utility gas plants.
18. Liquefied natural gas (LNG) installations.
19. Fuel gas piping in power and atomic energy plants.
20. Proprietary items of equipment, apparatus or instruments such as gas-generating sets, compressors and 
calorimeters.
21. LP-gas equipment for vaporization, gas mixing and gas manufacturing.
22. Temporary liquefied petroleum (LP) gas piping for buildings under construction or renovation not 
becoming part of the permanent piping system.
23. Installation of liquefied petroleum (LP) gas systems for railroad switch heating.
24. Installation of hydrogen gas, liquefied petroleum (LP) gas and compressed natural gas (CGN) systems on 
vehicles.
25. Except as provided in Section 401.1.1 of the International Fuel Gas Code (IFGC), gas-piping, meters, gas 
pressure regulators and other appurtenances used by the serving gas utility supplier in the distribution of 
gas, other than liquefied petroleum (LP) gas.
26. Piping systems for mixtures of gas and air within the flammability range with an operating pressure greater 
than 10 psig (69kPa gauge).

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27. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a 
power grid.
28. Work located primarily in a public way.
101.2.1 Appendices. 
Provisions in the appendices of the City of Tempe Construction Codes shall not apply unless specifically adopted.
101.3 Purpose. 
The purpose of the City of Tempe Construction Codes is to establish the minimum requirements to provide a 
reasonable level of safety, public health, and general welfare through structural strength, means of egress facilities, 
stability, sanitation, adequate light and ventilation, including energy conservation, and safety to life and property 
from fire, explosion and other hazards and to provide a reasonable level of safety to fire fighters and emergency 
responders during emergency operations.
101.4 City of Tempe Construction Codes. 
The City of Tempe Construction Codes shall include all the codes listed in Sections 101.4.1 through 101.4.10 
applied as indicated, plus the codes and standards referenced in the City of Tempe Construction Codes shall be 
considered part of the requirements of the City of Tempe Construction Codes to the prescribed extent of each such 
reference.
101.4.1 Building Code. 
The adopted provisions of the International Building Code and amendments thereto shall apply to the construction, 
alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, 
removal and demolition of every building or structure or any appurtenances connected or attached to such buildings 
or structures.
Exception:
a. 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 shall be permitted to 
comply with the International Residential Code.
101.4.2 Residential Code. 
The adopted provisions of the International Residential Code and amendments thereto 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 townhouses not more than three stories 
above grade plane in height with separate means of egress and their accessory structures not more than three stories 
above grade plane in height.
Exceptions:
a. Fire sprinkler system requirements shall be provided in accordance with Section 2904 of the 
International Residential Code and amendments thereto.
b. Live/work units located in townhouses and complying with the requirements of Section 508.5 of the 
International Building Code and amendments thereto.
101.4.3 Electrical Code. 
The adopted provisions of the National Electrical Code and amendments thereto shall apply to the installation of 
electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and 
appurtenances thereto.
Exception: Electrical work for detached one- and two-family dwellings and townhouses not more than 
three stories above grade plane in height with separate means of egress and their accessory structures shall 
be permitted to comply with the International Residential Code.

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101.4.4 Plumbing Code. 
The adopted provisions of the International Plumbing Code and amendments thereto shall apply to the erection, 
installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within 
this jurisdiction, This code shall regulate non-flammable medical gas inhalation anesthetic, vacuum piping, 
nonmedical oxygen systems and sanitary and condensate vacuum systems. The installation of fuel gas distribution 
piping and equipment, fuel gas fired water heaters and water heater venting systems shall be regulated by the 
International Fuel Gas Code.
Exception: Plumbing work for detached one- and two-family dwellings and townhouses not more than 
three stories above grade plane in height with separate means of egress and their accessory structures shall   
comply with the International Plumbing Code or the International Residential Code.
101.4.5 Mechanical Code.
The adopted provisions of the International Mechanical Code shall regulate the design, installation, maintenance, 
alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of 
environmental conditions and related processes within buildings. This code shall also regulate those mechanical 
systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas 
distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be 
regulated by the International Fuel Gas Code.
Exception: 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 the International Residential Code.
101.4.6 Fuel Gas Code. 
The adopted provisions of the International Fuel Gas Code and amendments thereto shall apply to the installation of 
fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories in accordance with 
Sections 101.2.2 through 101.2.6.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above 
grade plane in height with separate means of egress and their accessory structures not more than three 
stories above grade plane in height, shall comply with this code or the International Residential Code.
101.4.7 Existing Building Code. The adopted provisions of the International Existing Building Code and 
amendments thereto shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing 
buildings.
Exception: 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 the Residential Code.
101.4.8 Energy Conservation Code. 
The adopted provisions of the International Energy Conservation Code and amendments thereto shall apply to the 
construction, alteration, movement, enlargement, replacement, repair and equipment of residential and commercial 
buildings.
Exceptions:
a. Except as specified, this code shall not be used to require the removal, alteration or abandonment of, 
nor prevent the continued use and maintenance of, an existing building or building system lawfully in 
existence at the time of adoption.
b. Any building or structure that is listed in the State or National Register of Historic Places; designated 
as a historic property under local or state designation law or survey; certified as a contributing resource 
with a National Register listed or locally designated historic district; or with an opinion or certification 
that the property is eligible to be listed on the National or State Registers of Historic Places either

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individually or as a contributing building to a historic district by the State Historic Preservation Officer 
or the Keeper of the National Register of Historic Places, are exempt from this code.
c. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more 
than three stories above grade plane in height with separate means of egress and their accessory 
structures shall be permitted to comply with the International Residential Code.
d. Existing buildings undergoing repair, alteration or additions and change of occupancy shall be 
permitted to comply with the International Existing Building Code.
101.4.9 Swimming Pool and Spa Code. 
The provisions of the International Swimming Pool and Spa Code and amendments thereto shall apply to the 
construction, alterations, movement, renovation, replacement, repairs and maintenance of aquatic facilities, pools 
and spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that 
are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing 
or wading.
Exception: Flotation tanks systems intended for sensory deprivation therapy are not included in the scope 
of the adopted Swimming Pool and Spa Code.
101.4.10 Green Construction Code (Voluntary Code).  This green construction code is intended to provide the 
technical basis of a voluntary building code and regulation for high-performance green buildings.
101.5 Definitions. Unless otherwise expressly stated, the following words and terms shall have the meanings as 
shown in this code. Definitions located in the City of Tempe Construction Codes are hereby incorporated into this 
code.
Authority Having Jurisdiction - An AHJ is the City of Tempe and has the authority to enforce codes, standards, 
and regulations within its jurisdiction. 
Building official - the officer or other designated authority charged with the administration and enforcement of this 
code and the City of Tempe Construction Codes, or a regularly authorized deputy or other designee. When the term 
or title administrative authority, building official, code official, building inspector, gas inspector, plumbing 
inspector, mechanical inspector or other similar designation is used in this code or in any of the City of Tempe 
Construction Codes, it shall be construed to mean the building official.
Building service equipment - the plumbing, mechanical, electrical, elevator equipment including piping, wiring, 
fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-
fighting and transportation facilities essential to the occupancy of the building or structure for its designated use.
Jurisdiction - The City of Tempe, Arizona.
Owner -  Any person, agent, operator, entity, firm or corporation having any legal or equitable interest in the 
property; or recorded in the official records of the state, county or municipality as holding an interest or title to the 
property; or otherwise having possession or control of the property, including the guardian of the estate of any such 
person, and the executor or administrator of the estate of such person if ordered to take possession of real property 
by a court.
Permit - the official document or certificate issued by the building official authorizing performance of a specified 
activity.
Shall - as used in this code and the City of Tempe Construction Codes is mandatory.
SECTION 102 
APPLICABILITY
102.1 General. 
This code and the City of Tempe Construction Codes shall apply to and govern, permit applications received on or 
after the effective date of the adopting ordinance, except as allowed by that ordinance.

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102.2 Other laws. 
The provisions of this code or the City of Tempe Construction Codes shall not be deemed to nullify any provisions 
of the Tempe City Code, county, state or federal laws.
102.3 Application of references. 
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed 
to refer to such chapter, section or provision of this code or the City of Tempe Construction Codes.
102.4 Referenced Codes and Standards. 
The codes and standards referenced in this code and the City of Tempe Construction Codes shall be considered to be 
part of the requirements of this code to the prescribed extent of each such reference and as further regulated in 
Sections 102.4.1 and 102.4.2.
102.4.1 Conflicts.  
Where conflicts occur between provisions of this code, the City of Tempe Construction Codes and referenced codes 
and standards, the provisions of this code shall apply.
102.4.2 Provisions in referenced codes and standards.  
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of 
this code or the International Codes specified in Section 101.4, the provisions of this code or the International Codes 
specified in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or 
standard.
102.5 Partial invalidity. 
In the event any part or provision of this code or the City of Tempe Construction Codes is held to be illegal or void, 
this shall not have the effect of making illegal or void any of the other parts or provisions of this code or the City of 
Tempe Construction Codes.
102.6 Existing structures. 
The legal occupancy of any structure existing on the date of the adoption of this code shall be permitted to continue 
without change, except as otherwise specifically provided in this code, or the City of Tempe Construction Codes.
102.6.1 Buildings not previously occupied. 
A building or portion of a building that has not been previously occupied or used for its intended purpose in 
accordance with the laws in existence at the time of its completion shall comply with the provisions of the 
International Building Code or International Residential Code, as applicable, for new construction or with any 
current permit for such occupancy.
102.6.2 Buildings previously occupied. 
The legal occupancy of any building existing on the date of adoption of this code and the City of Tempe 
Construction Codes shall be permitted to continue without change, except as otherwise specifically provided in this 
code, the International Existing Building Code or the International Fire Code provided such continued use is not 
dangerous to life, health and safety of the occupants and the public as determined by the building official.
102.6.3 Additions, alterations and repairs. 
Additions, alterations, renovations or repairs to building service equipment shall conform to that required for new 
installations without requiring the existing installation to comply with all the requirements of this code and the City 
of Tempe Construction Codes. Additions, alterations or repairs shall not cause an existing installation to become 
unsafe, hazardous or overloaded.
102.7 Maintenance. 
Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in

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proper operating condition in accordance with the original design and in a safe and sanitary condition. Devices or 
safeguards that are required by the City of Tempe Construction Codes, shall be maintained in conformance with the 
Technical Code under which they were installed. The owner or the owner's authorized agent shall be responsible for 
the maintenance of building structures and their building service equipment. To determine compliance with this 
section, the building official may cause a structure to be re-inspected.
102.8 Historic buildings.
Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a 
building, structure, or its building service equipment may be made without conforming to the requirements of the 
City of Tempe Construction Codes when authorized by the Technical Code Advisory Board of Appeals, provided:
1. The building or structure has been designated by official action of the legally constituted authority of this 
jurisdiction as having special historical or architectural significance, and
2. Unsafe conditions as described in this code are corrected, and
3. The restored building or structure and its building service equipment will be no more hazardous based on 
life safety, fire-safety and sanitation than the existing building as determined by the building official.
Exception: Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or 
continued use of a building, structure, or its building service equipment shall be permitted to comply with 
the provisions of the International Existing International Building Code.
SECTION 103 
BUILDING SAFETY DIVISION
103.1 General. 
There is hereby established a City of Tempe Construction Codes enforcement agency of the Community 
Development Department of the City of Tempe known as the Building Safety Division under the administrative and 
operational charge of the Building Official.
103.2 Appointment. 
The Building Official shall be appointed by the chief appointing authority of the jurisdiction.
103.3 Deputies. 
In accordance with any applicable City procedures, and with the concurrence of the Community Development 
Director, the Building Official shall have the authority to appoint a deputy building official, technical officers, 
inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building 
Official.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. 
The Building Official is hereby authorized and directed to enforce the provisions of this code and City of Tempe 
Construction Codes.  
104.2 Determination of Compliance  
The Building Official shall have the authority to determine compliance with this code, to render interpretations of 
this code and the City of Tempe Construction Codes to adopt policies and procedures in order to clarify the 
application of its provisions.  Such interpretations, policies and procedures:
1.  Shall be in compliance with the intent and purpose of this code and the City of Tempe Construction 
Codes.                                          
2.  Shall not have the effect of waiving requirements specifically provided for in this code and the City of 
Tempe Construction Codes

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104.2.1 Listed compliance.  
Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing 
standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, 
the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the 
listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to 
verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building 
official.
104.2.2 Technical Assistance.  
To determine compliance with this code and the City of Tempe Construction Codes, the building official is 
authorized to require the owner or owner’s authorized agent to provide a technical opinion and report.
104.2.2.1 Cost.  
A technical opinion and report shall be provided without charge to the jurisdiction.
104.2.2.2 Preparer qualifications.  The technical opinion and report shall be prepared by a qualified engineer, 
specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized 
to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
104.2.2.3 Content.  
The technical opinion and report shall analyze the properties of the design, operation or use of the building or 
premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.
104.2.2.4 Tests.  
Where there is insufficient evidence of compliance with the provisions of this code and the City of Tempe 
Construction Codes, the building official shall have the authority to require tests as evidence of compliance. Test 
methods shall be as specified in this code and the City of Tempe Construction Codes or by other recognized test 
standards. In the absence of recognized test standards, the building official shall approve the testing procedures. 
Such tests shall be performed by a party acceptable to the building official.
104.2.2.5 Compliance Materials.  
The building official shall be permitted to approve specific computer software, worksheets, compliance manuals and 
other similar materials that meet the intent of the City of Tempe Construction Codes.
104.2.3 Alternative materials, design and methods of construction and equipment. 
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or 
method of construction not specifically prescribed by this code and the City of Tempe Construction Codes, provided 
that any such alternative has been approved.
104.2.3.1 Approval authority.
An alternative material, design or method of construction shall be approved where the building official finds that the 
proposed alternative is satisfactory and complies with Sections 104.2.3 through 104.2.3.7, as applicable.
104.2.3.2 Application and disposition.
Where required, a request to use an alternative material, design or method of construction shall be submitted in 
writing to the building official for approval. Where the alternative material, design or method of construction is not 
approved, the building official shall respond in writing, stating the reasons the alternative was not approved.
104.2.3.3 Compliance with code intent.
An alternative material, design or method of construction shall comply with the intent of the provisions of this code 
and the City of Tempe Construction Codes.

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104.2.3.4 Equivalency criteria.
An alternative material, design or method of construction shall, for the purpose intended, be not less than the 
equivalent of that prescribed in this code and the City of Tempe Construction Codes with respect to all of the 
following, as applicable:
1. Quality.
2. Strength.
3. Effectiveness.
4. Durability.
5. Safety, other than fire safety.
6. Fire safety
104.2.3.5 Tests.  
Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction 
application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be 
performed by a party acceptable to the building official.
104.2.3.5.1 Fire Tests.  
Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of 
construction application shall be of a scale that is sufficient to predict fire safety performance of the end use 
configuration. Tests shall be performed by a party acceptable to the building official.
104.2.3.6 Reports.  
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in 
this code and the City of Tempe Construction Codes, shall comply with Sections 104.2.3.6.1 and 104.2.3.6.2
104.2.3.6.1 Evaluation reports.
Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by 
the building official for the installation. The alternate material, design or method of construction and product 
evaluated shall be within the scope of the building official's recognition of the approved agency. Criteria used for the 
evaluation shall be identified within the report and, where required, provided to the building official.
104.2.3.6.2 Other reports. 
Reports not complying with Section 104.2.3.6.1 shall describe criteria, including but not limited to any referenced 
testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be 
prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. 
The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered 
design professional.
104.2.3.7 Peer Review.
The building official is authorized to require submittal of a peer review report in conjunction with a request to use an 
alternative material, design or method of construction, prepared by a peer reviewer that is approved by the building 
official.
104.2.4 Modifications.
Where there are practical difficulties involved in carrying out the provisions of this code and the City of Tempe 
Construction Codes, the building official shall have the authority to grant modifications for individual cases, 
provided that the building official shall first find that one or more special individual reasons make the strict letter of 
this code impractical, and that the modification is in compliance with the intent and purpose of this code and that 
such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of 
the written request for and action granting modifications shall be recorded and entered in the files of the department 
of building safety.

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104.2.4.1 Flood Hazard Areas.
The building official shall not grant modifications to any provision required in flood hazard areas as established by 
Section 1612.3 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or 
topography of the site render the elevation standards of Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the 
lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional 
threats to public safety or extraordinary public expense; cause fraud on or victimization of the public; or 
conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood 
hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood 
elevation and the elevation to which the building is to be built, stating that the cost of flood insurance 
will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that 
construction below the design flood elevation increases risks to life and property.
104.3 Applications and permits.  
The building official shall receive applications, review construction documents, issue permits, inspect the premises 
for which such permits have been issued and enforce compliance with the provisions of this code and the City of 
Tempe Construction Codes.
104.3.1 Determination of substantially improved or substantially damaged existing buildings and structures 
in flood hazard areas. 
For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing 
buildings or structures located in flood hazard areas, the building official shall determine if the proposed work 
constitutes substantial improvement or repair of substantial damage. Where the building official determines that the 
proposed work constitutes substantial improvement or repair of substantial damage and where required by this code 
and the City of Tempe Construction Codes, the building official shall require the building to meet the requirements 
in Section 1612 of the International Building Code or Section R306 of the International Residential Code, as 
applicable.
104.4 Right of Entry. 
Where it is necessary to make an inspection to enforce the provisions of this code or the City of Tempe Construction 
Codes, or where the building official has reasonable cause to believe that there exists in a structure or on a premises 
a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or 
hazardous, the building official is authorized to enter the structure or premises at all reasonable times to inspect or to 
perform the duties imposed by this code. If such structure or premises is occupied, the building official shall present 
credentials to the occupant and request entry. If such structure or premises is unoccupied, the building official shall 
first make a reasonable effort to locate the owner, the owner's authorized agent or other person having charge or 
control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to 
every remedy provided by law to secure entry.
104.4.1 Warrant.
Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure 
entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or 
premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the 
building official for the purposes of inspection and examination pursuant to this code or the City of Tempe 
Construction Codes.

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104.5 Identification. 
The building official and authorized deputies shall carry proper identification when inspecting structures or premises 
or otherwise in the performance of duties under this code or the City of Tempe Construction Codes.
104.6 Notices and Orders. 
The building official shall issue necessary notices or orders to ensure compliance with this code or the City of 
Tempe Construction Codes.  Notices of violations shall be in accordance with Section 114. 
104.7 Official records. 
The building official shall keep official records of applications received, approved plans, permits and certificates 
issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the 
official records for the period required for retention in the division's approved retention schedule.
104.7.1 Approvals.
A record of approvals shall be maintained by the building official and shall be available for public inspection during 
business hours in accordance with applicable laws.
104.7.2 Inspections.
The building official shall keep a record of each inspection made, including notices and orders issued, showing the 
findings and disposition of each for the period required for retention in the division's approved retention schedule.
104.7.3 Code Alternatives and Modifications.
Application for alternative materials, design and methods of construction and equipment in accordance with Section 
104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the building 
official for either shall be in writing and shall be retained in the official records for the period required for retention 
in the division's approved retention schedule.
104.7.4 Tests.  
The building official shall keep a record of tests conducted to comply with Sections 104.2.2.4 and 104.2.3.5.
104.7.5 Fees.  
The building official shall keep a record of fees collected and refunded in accordance with Section 109.
104.8 Liability. 
The building official, member of the board of appeals or employee charged with the enforcement of this code or the 
City of Tempe Construction Codes, while acting for the jurisdiction in good faith and without malice in the 
discharge of the duties required by this code or the City of Tempe Construction Codes or other pertinent law or 
ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from 
personal liability for any damage accruing to persons or property as a result of any act or by reason of any act or 
omission in the discharge of official duties.
104.8.1 Legal Defense.  
Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer 
or employee in the lawful discharge of duties under the provisions of this code or the City of Tempe Construction 
Codes or other laws or ordinances implemented through the enforcement of this code or the City of Tempe 
Construction Codes shall be defended by legal representatives of the jurisdiction until the final termination of the 
proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that 
is instituted in pursuance of the provisions of this code or the City of Tempe Construction Codes.
104.9 Approved materials and equipment. 
Materials, equipment and devices approved by the building official shall be constructed and installed in accordance 
with such approval.

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104.9.1 Materials and equipment reuse. 
Materials, equipment and devices shall not be reused unless such elements are in good working condition and 
approved by the building official.
SECTION 105 
PERMITS
105.1 Required.
Any owner or owner 's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, change the 
occupancy or change character/use within an occupancy group of a building or portion thereof or to erect, install, 
enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation 
of which is regulated by this code or the City of Tempe Construction Codes, or to cause such work to be performed, 
shall first make application to the building official and obtain the required permit prior to any work being done on 
the project.
105.1.1 Annual permits.
Instead of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing 
installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm 
or corporation regularly employing one or more approved qualified tradespersons in the building, structure or on the 
premises owned or operated by the applicant for the permit. 
105.1.2 Annual Permit Records.
The person to whom an annual permit is issued shall keep a detailed record of all - alterations not generally regarded 
as maintenance. The building official shall have access to such records at all times or they shall be submitted 
monthly to the building official together with any plans or working drawings for each alteration.
105.1.2.1 Qualifications.
In addition to meeting the general definitions above, a Registered Industrial Plant shall have a full-time or contract 
employee who is an architect or engineer registered in the State of Arizona who shall be responsible for complying 
with the provisions of this code and the City of Tempe Construction Codes.
105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be 
done in any manner in violation of the provisions of this code or the City of Tempe Construction Codes or any other 
laws or ordinances of the City of Tempe. Permits shall not be required for the following:
Building:
a. Radio and television antennae towers   not exceeding 35 feet in height.
b. Flag poles not exceeding 35 feet in height.
c. Works of art not over 7 feet (2133.6 mm) in height and their foundation and supporting structure, 
provided that no part of which is intended to be occupied or used as shelter.
d. One-story detached accessory structures ancillary to R-3 and R-4 occupancies, Detached Single 
Family Dwellings, Two Family Dwellings or Townhouse used as tool and storage sheds, playhouses, 
and similar uses, provided the floor area does not exceed 200 square feet (18.60 m2) and does not 
contain any mechanical, electrical or plumbing.
e. Fences, other than swimming pool barriers, not more than 7 feet (1829 mm) high as measured to the 
highest point from the top of the footing.
f. Oil derricks.
g. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the 
footing to the top of the wall, provided the wall is not supporting a surcharge or impounding Class I, 
II or IIIA liquids.

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h. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18925 L) and 
the ratio of height to diameter or width does not exceed 2 to 1.
i. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any 
basement or story below and not part of an accessible route.
j. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
k. Temporary motion picture, television and theater stage sets and scenery.
l. Prefabricated swimming pools accessory to R-3 and R-4 occupancies, Detached Single Family, Two 
Family Dwellings or Townhomes which are less than 18 inches (457 mm) deep, are not greater than 
5,000 gallons (18925 L) and are installed entirely above ground.
m. Shade membrane structures constructed for nursery or agricultural purposes not including service 
systems.
n. Swings and other playground equipment accessory to detached one- and two-family dwellings.
o. Window awnings, in R-3, Detached Single Family, Two Family Dwellings or Townhomes and Group 
U occupancies, supported by an exterior wall projecting not more than 54 inches (1372 mm) from the 
exterior wall, no closer than 5 feet from a property line, and not requiring additional support.
p. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 
mm) in height.
q. Replacement roof covering, provided the replacement roof covering classification is equal to or 
greater than the existing roofing classification; the new roof covering does not increase the loads 
imposed upon the roof structural frame beyond the original design capacity  
Exception: replacement of any roof assembly component other than the roof covering requires a 
permit.
r. Decks on R-3, Detached Single Family, Two Family and Townhomes not exceeding 200 square feet 
(18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not 
attached to a dwelling or townhouse and do not serve the exit door required.
s. Special cases as allowed by the building official.
Electrical:
a. In R-3 and R-4 occupancies, Detached Single Family Dwellings, Two Family Dwellings or 
Townhouses, Cord and Plug temporary decorative lighting.
b. In R-3 and R-4 occupancies, Detached Single Family Dwellings, Two Family Dwellings or 
Townhouses, Repair or replacement of any listed over-current device of the same required capacity in 
the same location, does not include main over-current devices.
c. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas 
tube systems.
d. The installation of any temporary system required for the testing or servicing of electrical equipment 
or apparatus.
e. The wiring for temporary theater, motion picture or television stage sets where not accessible to the 
general public.
f. In R-3 and R-4 occupancies, Detached Single Family Dwellings, Two Family Dwellings or 
Townhouses, Electrical wiring, devices, appliances, apparatus or equipment, not installed in a 
hazardous location, as defined in Article 500, operating at less than 25 volts and not capable of 
supplying more than 50 watts of energy.
g. Class 2 and Class 3 control and signal circuits not essential to human life.
h. Radio and television transmitting stations: The provisions of this code shall not apply to electrical 
equipment used for radio and television transmissions, but do apply to equipment and wiring for a 
power supply and the installations of towers and antennas.
Fuel gas:
a. Portable heating appliance.

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b. In R-3 and R-4 occupancies, Detached Single Family Dwellings, Two Family Dwellings or 
Townhouses, portable cooking or clothes drying appliances
c. Replacement of any minor part that does not alter approval of equipment or make such equipment 
unsafe.
Mechanical:
a. Portable heating appliance.
b. Portable ventilation equipment.
c. Portable cooling unit.
d. Steam, hot or chilled water piping within any heating or cooling equipment regulated by International 
Mechanical Code or the International Residential Code.
e. Replacement of any part that does not altering its approval or making it unsafe.
f. Portable evaporative cooler.
g. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated 
by motors of 1 horsepower (746 W) or less.
h. Portable fuel cell appliances that are not connected to a fixed piping system and are not 
interconnected to a power grid.
i. Replacement of an air conditioner unit, furnace, heat pump or evaporative cooler in the same location 
of equal or less BTU’s, cfm and amperage rating and minor modification to electrical, plumbing, and 
mechanical connections necessary to serve the new appliance in R2, R3, and R4 occupancies, 
Detached Single Family, Two Family Dwellings or Townhomes where the appliance serves an 
individual dwelling unit.
Plumbing:
a. Stopping of leaks in drains, water, soil, waste or vent pipe, when such work does not require the 
removal and replacement of pipe, fittings, valves or fixtures.
b. Clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and 
reinstallation of water closets provided that such repairs do not involve or require the replacement or 
rearrangements of valves, pipes or fixtures.
Replacement of water heating appliances of the same type, fuel source and in the same location of equal 
or less amperage rating, and minor modification to electrical, plumbing, and mechanical connections 
to serve the appliance in R3, and R4 occupancies, Detached Single Family, Two Family Dwellings or 
Townhomes where the appliance serves an individual dwelling unit. 
c. Replacement installation of potable water conditioning or treating appliances in the same location, 
and minor modification to electrical, plumbing, and mechanical connections necessary to serve the 
appliance in R3 and R4 occupancies, Detached Single Family, Two Family Dwellings or Townhomes 
where the appliance serves an individual dwelling unit.
105.2.1 Emergency repairs. 
Where equipment replacements and repairs requiring a permit must be performed in an emergency situation, the 
permit application shall be submitted within the next working business day to the building official.
105.2.2 Public service agencies. 
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or 
metering or other related equipment that is under the ownership and control of public service agencies by established 
right.
Nothing in this section shall be construed to exempt any electrical installation used for lighting, power, heating, 
ventilation, elevators pumping or for other building or premise operations, nor exempt any service equipment for 
electrical service to a building or premise.

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105.3 Application for permit. 
To obtain a permit, an applicant shall first file an application therefor in writing through the online permitting portal 
on a form furnished by the Community Development Department. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Description of the land on which the proposed work is to be done by legal description, street address or 
similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section 107 of this 
code.
5. State the valuation of the proposed work.
6. Be electronically signed by the applicant or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
8. The estimate of plan review fee shall be paid at the time of being deemed Administratively Complete and 
shall be per the applicable fee(s) as required in Appendix A, Tempe City Code.
105.3.1 Action on application. 
The building official shall examine or cause to be examined applications for permits and amendments thereto within 
a reasonable time after filing. If the application or the construction documents do not conform to the requirements of 
pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the 
building official is satisfied that the proposed work conforms to the requirements of this code, the City of Tempe 
Construction Codes and applicable laws and ordinances applicable thereto, the building official shall issue a permit 
as soon as practicable, subject only to the payment of appropriate fees.
105.3.2 Time limitation of permit application. 
An application for a permit for any proposed work shall be valid for a period of one year from the date of filing. The 
building official is not authorized to grant any extension of time.
Exceptions:
1.
Prior to the date of expiration of any application for which plans have not been approved, the 
applicant may submit a written request for one-time extension of one-hundred eighty (180) days. 
The request must explain the justifiable cause for the delay and include a proposed submittal 
schedule for the completion of the plan review process. If the request for extension is approved, 
the applicant must submit a new project submittal application along with a renewal fee equal to 
twenty-five percent (25%) of the original calculated plan review fee. The renewal fee must be paid 
no later than thirty (30) calendar days after the original expiration date or the original application 
shall expire. Additional plan review fee may apply as prescribed in Appendix A - Schedule of 
Fees and Charges, of the City Code. Additionally, all permits must be issued and permit fees paid 
prior to the end of the one-hundred eighty (180) day of the extension date.
2.
Prior to the date of expiration of any application that has been approved for issuance of permit(s) 
but for which a permit has not been issued, the applicant may request a one-time extension of one-
hundred eighty (180) days. The request must explain the justifiable cause for the delay. If the 
request for extension is approved, the applicant must submit a new project submittal application 
along with a renewal fee equal to ten percent (10%) of the original calculated plan review fee. The 
renewal fee must be paid no later than thirty (30) calendar days after the original expiration date or 
the original application shall expire. Additionally, the permits must be issued and permit fees paid 
prior to the end of the one-hundred eighty (180) day of the extension date.
Exceptions one (1) and two (2) above may not be combined.

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105.4 Validity of permit. 
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any 
of the provisions of this code, the City of Tempe Construction Codes or of any other ordinance of the City of 
Tempe. Permits presuming to give authority to violate or cancel the provisions of this code, the City of Tempe 
Construction Codes or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on 
construction documents and other data shall not prevent the building official from requiring the correction of errors 
in the construction documents and other data. The building official is also authorized to prevent occupancy or use of 
a structure where in violation of this code, the City of Tempe Construction Codes or of any other ordinances of this 
jurisdiction. Work shall be installed in accordance with the approved construction documents, and any changes 
made during construction that are not in compliance with the approved construction documents shall be resubmitted 
for approval as an amended set of construction documents.
105.5 Expiration of Permit. 
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced 
within one (1) year after its issuance, or if the work authorized on the site by such permit is suspended or declared 
abandoned by the owner for a period of one (1) year after the date the work is commenced, or if the building official 
declares the permit suspended or abandoned after the expiration of one (1) year from the date of permit issuance.
105.5.1 Work Not Commenced. 
Every permit issued under the provision of this code and the City of Tempe Construction Codes shall be valid for a 
period of one (1) year from the date of issuance and any permit shall expire if work authorized by such permit is not 
commenced and an approved inspection obtained within one (1) year from the date of issuance. An approved 
inspection shall be an inspection that is requested and approved pursuant to Section 110 of this code. Before work 
can commence on a structure for which the permit has expired, a reinstatement fee, based on the total valuation of 
the scope of work, shall be assessed.
105.5.2 Work commenced. 
Every permit issued under the provision of this code and the City of Tempe Construction Codes shall be valid for a 
period of one (1) year from the date of the last approved inspection. An approved inspection shall be an inspection 
that is requested and approved pursuant to Section 110 of this code. Before work can continue or resume on a 
structure for which the permit has expired, a reinstatement fee, based on the valuation of the uncompleted portion of 
the work from the last approved inspection, shall be assessed.
105.6 Suspension or revocation.
The building official is authorized to suspend or revoke a permit issued under the provisions of this code or the City 
of Tempe Construction Codes wherever the permit is issued in error or based on incorrect, inaccurate or incomplete 
information, or in violation of any ordinance, regulation or any of the provisions of this code, the City of Tempe 
Construction Codes or of other ordinances of this jurisdiction.
105.7 Placement of permit.
The building permit or copy thereof shall be kept on the site of the work and prominently displayed until the 
completion of the project.
105.8 Unfinished buildings or structures.
Whenever work has commenced on a building or structure for which a permit has been issued, and said permit has 
expired pursuant to this code, the owner of the property upon which structure is located, or other person or agent in 
control of said property, upon receipt of notice in writing from the building official, shall within 30 days from the 
date of such written notice, obtain a new permit to complete the work and diligently pursue the work to completion, 
or within said 30 days, obtain a demolition permit and shall remove or demolish the building or structure within 120 
days from the date of written notice. Notwithstanding the provisions of the Tempe Administrative Code and this 
section, whenever work on any building, structure, addition, alteration, appurtenances or repair has commenced, the

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exterior walls and roof shall be completed in accordance with the approved plans including but not limited to 
roofing, fenestration and finish materials including paint, within two years of commencing construction. In the 
absence of evidence to the contrary, the date of the first inspection request shall establish the date that construction 
commenced.
This section shall apply to all permits   issued or reinstated pursuant to Section 105.5 of this code.
SECTION 106 
FLOOR AND ROOF DESIGN LOADS 
106.1 Live loads posted.
In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf 
(2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in 
that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such 
notices.
106.2 Issuance of certificate of occupancy.
A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 
106.1, have been installed.
106.3 Restrictions on loading.
It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure, or portion 
thereof, a load greater than is permitted by this code.
SECTION 107 
CONSTRUCTION DOCUMENTS
107.1 General. 
Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, 
specifications, engineering calculations, diagrams, and other data, as required by the building official, shall be 
submitted with each application for a permit. The construction documents shall be prepared by a registered design 
professional as required by state law. Where special conditions exist, the building official is authorized to require 
additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and 
other data not required to be prepared by a design professional if it is found that the nature of the work 
applied for is such that review of construction documents is not necessary to obtain compliance with this 
code, the City of Tempe Construction Codes and other ordinances of the City.
107.2 Construction documents. 
Construction documents shall be in accordance with Sections 107.2.1 through 107.2.4 of this code.
107.2.1 Information on construction documents. 
Construction documents shall be dimensioned, drawn to scale   and shall be submitted electronically through the 
city’s permitting portal. 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, the City of Tempe 
Construction Codes, relevant laws and ordinances as determined by the building official.
107.2.2 Title sheet information. 
The construction documents shall contain a title sheet or title sheets indicating the name, address and phone numbers 
of designer(s). The title sheet shall also contain information regarding the code designed under ,  the size of the 
building, size of addition (if applicable), type of construction (when designed to IBC), occupancy classification(s), 
occupant load (when designed to the IBC), area and height modifications (if any), fire sprinklers (if any), and any

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other information as directed by the building official. The building official is authorized to waive or modify the 
requirement for a title sheet when the application for permit is for an alteration or repair or when otherwise 
warranted.
107.2.3 Site plan. 
The construction documents submitted with the application for permit shall be accompanied by a site plan showing 
to scale the size and location of new construction and existing structures and conditions on the site, distances from 
lot lines, and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the 
site plan shall show construction to be demolished and the location and size of existing structures and construction 
that are to remain on the site or plot and any other requirements detailed in chapter 1 of the City of Tempe 
Construction Codes. The building official is authorized to waive or modify the requirement for a site plan when the 
application for permit is for an alteration or repair or when otherwise warranted.
107.2.4 Other Requirements.
Plans shall include any requirements found in each chapter 1 of the City of Tempe Construction Codes the project is 
designed to. 
107.2.5 Means of egress. The construction documents shall show in sufficient detail the location, construction, size 
and character of all portions of the means of egress including the path of the exit discharge to the public way in 
compliance with the provisions of the Technical Codes. In other than Group R-2, R-3 and I-1 occupancies, the 
construction documents shall designate the number of occupants to be accommodated on every floor, and in all 
rooms and spaces. The building official is authorized to waive or modify the requirement for a means of egress plan 
when the application for permit is for an alteration or repair or when otherwise warranted.
107.3 Examination of documents. 
The building official shall examine or cause to be examined the permit application and accompanying construction 
documents and shall ascertain by such examinations whether the construction indicated and described is in 
accordance with the requirements of this code, the City of Tempe Construction Codes and other pertinent laws or 
ordinances.
107.3.1 Administrative Completeness Review. 
Submittal documents may be subject to screening by the building official for completeness and code compliance 
prior to being accepted for permit review. Incomplete submittals or submittals containing clear code violations shall 
be returned to the applicant without being accepted unless otherwise directed by the building official.
107.3.2 Approval of construction documents. 
When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as 
"Reviewed for Code Compliance." A digital set of construction documents so reviewed shall be retained by the 
building official as required by the approved Building Safety Division retention schedule. A digital set shall be made 
available to the applicant through the permitting portal, and shall be made available at the site of work and shall be 
open to inspection by the building official or a duly authorized representative.
107.3.3 Previous approvals. 
This code and the City of Tempe Construction Codes shall not require changes in the construction documents, 
construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or 
otherwise lawfully authorized, and the construction of which has been pursued in good faith within one hundred 
eighty days after the permit issuance date and has not been abandoned pursuant to this code and the City of Tempe 
Construction Codes.
107.3.4 Phased approval. 
With prior approval from the building official, an applicant may apply for and the building official may authorize the

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issuance of a permit for the construction of foundations, or other parts of a building or structure before the 
construction documents for the whole building or structure have been submitted, provided adequate information and 
detailed statements have been filed complying with pertinent requirements of this code and the City of Tempe 
Construction Codes. The holder of such permit for the foundation or other parts of a building or structure shall 
proceed at the holder's own risk with the building operation and without assurance that a permit for the entire 
structure will be granted.
Exception: Phased construction approvals are not applicable for Group R-3, R-4, Detached Single Family, 
Two Family and Townhome occupancies.
107.3.5 Design professional in responsible charge. 
Where it is required that the documents be prepared by a registered design professional, the building official shall be 
authorized to require the owner or owner's authorized agent to engage and designate on the building permit 
application a registered design professional who shall act as the registered design professional in responsible charge.
If the circumstances require, the owner or the owners authorized agent shall designate a substitute registered design 
professional in responsible charge who shall perform the duties required of the original registered design 
professional in responsible charge. The building official shall be notified in writing by the owner or the owners 
authorized agent if the registered design professional in responsible charge is changed or is unable to continue to 
perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating 
submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the 
design of the building.
107.3.5.1 Deferred submittals. 
Deferral of any submitted item shall have the prior approval of the building official. The registered design 
professional in responsible charge shall list the deferred submittals on the title sheet of the construction documents 
for review by the building official. Unless otherwise approved by the building official, deferred submittals are to be 
submitted to the building official within sixty days of permit issuance. Deferred submittal items shown on the 
construction documents shall be clearly noted as "For Reference Only". Deferred submittals do not constitute phased 
approval of the construction.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible 
charge who shall review them and forward them to the building official with a notation indicating the deferred 
submittal documents have been reviewed and been found to be in general conformance to the design of the building. 
The deferred submittal items shall not be installed until the design and submittal documents have been approved by 
the building official.
107.4 Amended construction documents (Revisions). 
Work shall be installed in accordance with the approved construction documents, and any changes made during 
construction that are not in compliance with the approved construction documents shall be resubmitted for approval 
as an amended set of construction documents.
107.5 Retention of construction documents.
Approved construction documents shall be retained by the building official for a period of time as prescribed by 
state or local laws.  
107.6 Responsibility. 
It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, 
gas, mechanical, plumbing, or fire-suppression systems, for which this code or the City of Tempe Construction 
Codes are applicable, to comply with this code and the City of Tempe Construction Codes.

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SECTION 108 
TEMPORARY STRUCTURES, EQUIPMENT AND SYSTEMS
108.1 General. 
The building official is authorized to issue a permit for temporary structures, equipment or systems. Such permits 
shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is 
authorized to grant extensions for demonstrated cause.  Structures designed to comply with Section 3103.6 shall not 
be in service for a period of more than 1 year unless an extension of time is granted.
108.2 Conformance. 
Temporary structures shall comply with the requirements of the International Building Code section 3103.
108.3 Temporary Service Utilities. 
The building official is authorized to give permission to temporarily supply service utilities in accordance with 
section 112 of this code.
108.4 Termination of approval. 
The building official is authorized to terminate such permit for a temporary structure, equipment or systems and to 
order the same to be discontinued. 
SECTION 109 
FEES
109.1 Establishment of fees. 
Fees for building permits, private development engineering permits, use of the right-of-way, license, and other fees 
shall be set by the City Council by resolution. The Building Official, with the concurrence of the Community 
Development Director & City Manager, shall provide the City Council with a list of the various classes of permits, 
licenses, and other fees and the recommended charge for each class (see Appendix A - Schedule of Fees and 
Charges, of the City Code).
109.1.1 Adjustment of fees. 
An annual fee adjustment will be applied to Table 1A - Building Permit Fees, Table IIA - Building Permit Flat Fees, 
and Table IIIA - Private Development Engineering Permitting Fees, located in Appendix A - Schedule of Fees and 
Charges, of the Tempe City Code. Such fees will be adjusted each July 1, based on the United States Department of 
Labor, Bureau of Labor Statistics, Consumer Price Index-All Urban Consumers, West Region for All Items (CPI). 
(Adjustment of Fees established pursuant to Resolution No. 2007.30)
109.1.2 Payment of fees. 
A permit shall not be issued nor considered valid until the applicable fees established by the City of Tempe in 
Appendix A - Schedule of Fees and Charges, of the City Code 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.
Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as 
established in Appendix A, Tempe City Code.
109.3 Building permit valuation. 
The applicant for a permit shall provide an estimated value of the work for which the permit is being issued at time 
of application. Such estimated valuations shall include the total value of work, including materials and labor, for 
which the permit is being issued. Where, in the opinion of the building official, the valuation is underestimated, in 
comparison to the most recent Building Valuation Table (BVD) as published by the International Code Council, the

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permit shall be denied, unless the applicant can show detailed estimates acceptable to the building official. The 
building official shall have the authority to adjust the final valuation for permit fees.  
109.4 Work commenced before a permit issuance (Investigation fees). 
Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before 
obtaining the necessary permits shall be subject to an investigation fee established by the building official. The 
investigation fee shall be equal to the permit fee and charged in addition to 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 this 
code and the City of Tempe Construction Codes. 
Exceptions:
1. The building official may waive the investigation fee when extenuating circumstances exist.
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 building official may authorize the refunding of any fee paid hereunder which was erroneously paid or 
collected.
The building official may authorize the refunding of that portion of the permit fee in excess of a minimum valuation 
permit fee when no work has been started and no inspection has been done for which a permit has been issued in 
accordance with this code.
The building official may authorize the refunding of that portion of the plan review fee in excess of a minimum 
valuation permit fee when the application for a permit for which a plan review fee has been paid is withdrawn or 
canceled before any plan reviewing is done.
The building official shall not authorize the refunding of any fee paid except upon written request filed by the 
original applicant no later than 180 days after the date of fee payment.
109.6.1 Residential fee rebates. 
Building permit and plan review fees for improvements to single family residences may be rebated to the property 
owner or permit applicant, with owner approval, upon successful completion of the project. To qualify for the rebate 
program, projects must be completed and obtain their final inspection approval within one year of permit issuance 
date and must submit a completed rebate application within 60 days of final inspection approval date.
109.6.2 Partial residential fee rebates. 
Fifty (50) percent of the building permit and plan review fees for improvements to single family residences for work 
that was permitted due to a Notice of Violation order may be rebated provided, the building permit is obtained 
within 90 days of the issued date of the Notice of Violation, the building permit receives a final approval within 120 
days of the building permit issuance date and a rebate application is received within 60 days of final inspection 
approval date.
109.7 Plan review fees.
When submittal documents are required by this code, a plan review fee shall be paid at the time of the application 
and submittal documents are determined to be administratively complete and before any plan review is conducted. 
Said plan review fee shall be 65 percent of the building permit fee as shown in Appendix A - Schedule of Fees and 
Charges, of the City Code.

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The plan review fees specified in this subsection are separate fees from the permit fees specified elsewhere in this 
code and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review, an additional plan 
review fee shall be charged at the rate shown in Appendix A - Schedule of Fees and Charges, of the City Code.
The plan review fees include the initial plan review and two (2) subsequent re-submittals for the same project. If 
more than three plan reviews are required, or if the permit application shall expire by time limitation, additional fees 
shall be assessed for each plan review status meeting and for subsequent plan reviews as determined appropriate by 
the building official. At the time of permit issuance, additional plan review fees for any increase in valuation shall be 
assessed in conjunction with, and as a condition of, permit issuance.
109.7.1 Expedited plan review. 
When approved in advance of the application submittal by the building official and dependent upon available 
resources, an expedited plan review process may be available for specific projects.  
109.7.2 Expedited plan review fees.  
The expedited plan review fees shall be equal to the amount of plan review fees required by this section. Expedited 
plan review fees are separate from the plan review fee and permit fees required in Appendix A - Schedule of Fees 
and Charges, of the City Code are in addition to those fees.
109.8 Public school shade structures. 
Shade structures constructed on property owned by a public school are exempt from plan review fees.
SECTION 110 
INSPECTIONS
110.1 General. 
Construction or work for which a permit is required shall be subject to inspection by the building official and such 
construction or work shall remain visible and able to be accessed 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, the 
City of Tempe Construction Codes or of other ordinances of the jurisdiction. Inspections presuming to give 
authority to violate or cancel the provisions of this code or the City of Tempe Construction Codes or of other 
ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner, owner's authorized agent or permit 
applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building 
official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material 
required to allow inspection.
It shall be the duty of the permit holder to provide an approved property address, including number and if required a 
street name, at all construction sites. Such temporary premises identification shall be clearly visible from the street 
or roadway fronting the property, shall be installed prior to the first inspection, and shall be maintained until the 
permanent premises identification is installed and approved.
110.1.1 Inspection record card.
Work requiring a permit shall not commence until the permit holder or an agent of the permit holder has posted or 
otherwise made available the inspection record card to allow the building official or authorized agent to 
conveniently make the required entries thereon regarding inspections of the work. The card shall be maintained 
available by the permit holder until final approval, by the building official, has been granted.
110.2 Preliminary inspections. 
Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures, 
electrical, mechanical, plumbing, fuel gas or sites for which an application has been filed.

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110.3 Required inspections. 
The building official, upon notification, shall make the inspections set forth in this section and the City of Tempe 
Construction Codes.  Required inspections shall be per the relevant City of Tempe Construction Codes.
110.3.1 Special inspections.
Special inspections and structural, electrical, mechanical, plumbing and fuel gas observations shall be as required in 
Chapter 17 of the International Building Code and this code. Special inspections are in addition to, not in lieu of, the 
inspections conducted by the building official.
110.3.1.1 Inspection and observation program.
 When special inspection is required by Chapter 17 of the International Building Code or the International 
Residential Code or as determined by the building official, the owner, an agent of the owner, or the engineer or 
registered design professional in responsible charge, but not the contractor or any other person responsible for the 
work, shall employ one or more special inspectors who shall provide inspections during construction on the type of 
work listed under Chapter 17 of the International Building Code or the International Residential Code or as 
determined by the building official.
When special inspections are required, the special inspections are to be performed in addition to, not in lieu of, the 
inspections conducted by the building official, and shall not be construed to relieve the owner or his authorized agent 
from requesting the periodic and called inspections required by this code and the City of Tempe Construction Codes.
110.3.1.2 Special inspector.
 Special inspectors shall be provided by, or under the supervision of an Engineer or registered design professional in 
responsible charge for which special inspections are required, subject to the following conditions:
110.3.1.3 Notification: (Prior to issuing permit) 
The owner or his authorized agent shall notify the Building Safety Division in writing on the form provided by this 
division, the name of the engineer or registered design professional in responsible charge who will carry out the 
required inspections. The responsible engineer or registered design professional of record shall notify the department 
of any changes of special inspectors prior to conducting the inspections.
110.3.1.4 Certificate of responsibility: 
The engineer or registered design professional in responsible charge of the special inspectors shall so certify to the 
Building Safety Division in writing on the City form prior to the issuance of the building permit and shall notify the 
division immediately if terminated prior to completion of the work, for which special inspections are required.
110.3.1.5 Qualification: 
Prior to the issuance of a permit, the approved agencies shall provide written documentation to the building official 
demonstrating the competence and relevant experience or training of the special inspectors who will perform the 
special inspections and tests during construction or provide evidence of approval in another authority having 
jurisdiction within Maricopa County by being listed on their approved published list. Experience or training shall be 
considered to be relevant where the documented experience or training is related in complexity to the same type of 
special inspection or testing activities for projects of similar complexity and material qualities. These qualifications 
are in addition to qualifications specified in the International Building Code.
The registered design professional in responsible charge and engineers of record involved in the design of the 
project are permitted to act as an approved agency 
and their personnel are permitted to act as special inspectors for the work designed by them, provided they qualify as 
special inspectors.

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110.3.1.6 Inspection and reports: 
The engineer or registered design professional in responsible charge of the special inspectors or the designated 
special inspector shall provide continuous, competent and complete inspection on the work for which special 
inspections are required in accordance with Section 1704.1 of the International Building Code and shall submit 
reports to the Building Safety Division's Inspection Section stating approval of the work as it progresses, but not less 
than every two weeks.
The special inspector shall notify the Building Safety Division immediately upon detection of all discrepancies 
involved in the special inspections that have not been corrected in accordance with the approved plans and 
specifications prior to proceeding with the work.
A final special inspection report which includes all inspection reports and completed sealed special inspection form 
shall be submitted to the Building Official upon completion of the last work requiring special inspection.
110.3.2 Final inspection. 
The final inspection shall be made after all work shown on the construction documents or as required by the permit 
is completed. When applicable, the systems shall be under the prescribed tests required by the City of Tempe 
Construction Codes.
110.3.2.1 Flood Hazard Documentation.
If located in a flood hazard area, documentation of the lowest floor or the elevation of dry flood proofing, if 
applicable, as required inspection 1612.4 of the International Building Code shall be submitted to the building 
official prior to the final inspection.
110.4 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy 
the requirements as to qualifications and reliability.
110.5 Inspection requests.
It shall be the duty of the holder of the permit or the authorized agent to notify the building official when work is 
ready for inspection. It shall be the duty of the permit holder to provide access to and means for the inspection of 
such work as required by this code. The building official may require that every request for inspection be filed at 
least one working day before such inspection is desired.
110.6 Approval required. 
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval 
of the official building. The building official, upon notification, shall make the requested inspections and shall either 
indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or the authorized 
agent wherein the same fails to comply with this code or the City of Tempe Construction Codes. Any portions that 
do not comply shall be corrected and shall not be covered or concealed until authorized by the building official. 
There shall be a final inspection and approval of all construction when the work is completed and prior to any 
occupancy or use.
(Ord. No. O2018.59 , § 1, 8-30-18)
SECTION 111 
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy. 
A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or 
structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy 
therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a

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violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give 
authority to violate or cancel the provisions of this code, the City of Tempe Construction Codes or other ordinances 
of the jurisdiction shall not be valid.
Exception: Certificates of occupancy are not required for work exempt from permits in accordance with 
section 105.2 of this code.
111.2 Certificate of occupancy issued. 
After the building official inspects the building or structure and finds no violations of the provisions of this code, the 
City of Tempe Construction Codes or other laws that are enforced by the Building Safety Division, the building 
official is authorized to issue a Certificate of Occupancy that contains the following:
     For Permits Issued under the International Building Code
1. The permit number.
2. The address of the structure.
3. A description of that portion of the structure for which the certificate is issued.
4. A statement that the described portion of the structure has been inspected for compliance with the 
requirements of this code.
5. The name of the building official.
6. The edition of the code under which the permit was issued.
7. The use and occupancy, in accordance with the provisions of Chapter 3 of the International Building 
Code.
8. The type of construction as defined in Chapter 6 of the International Building Code.
9. The design occupant load.
10. Whether or not a sprinkler system is required.
11. Any special stipulations and conditions of the building permit.
   For Permits Issued under the International Residential Code
1. The permit number.
2. The address of the structure.
3. A description of that portion of the structure for which the certificate is issued.
4. A statement that the described portion of the structure has been inspected for compliance with the 
requirements of this code.
5. The name of the building official.
6. The edition of the code under which the permit was issued.
7. The use and occupancy, in accordance with the provisions of the International Residential Code and shall 
be defined as either Single Family, Two Family or Townhouse Dwellings
8. Whether or not a sprinkler system is required or provided.
9. Any special stipulations and conditions of the building permit.
Exceptions: 
1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.
2. Accessory buildings or structures.
Exception: Group U and additions to Group R-3 Occupancies, unless specifically requested by the permit 
holder. For such occupancies, occupancy and use is authorized upon the satisfactory completion of the final 
building inspection.
111.3 Temporary certificate of occupancy. 
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire 
work covered by the permit, provided that such portion or portions shall be occupied safely. The building official 
shall set the conditions, if any, and the time period during which the temporary certificate of occupancy is valid.

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1. Temporary Certificates of Occupancy shall be charged a fee as prescribed in Table 2-A found in 
Appendix A, Schedule of Fees and Charges, Tempe City Code and shall be paid prior to issuance of a 
Temporary Certificate of Occupancy.
2. Temporary Certificates of Occupancy shall be limited to 30 days in length and there can be no more than 
three (3) Temporary Certificates of Occupancy issued for any permit as stated in Appendix A, Tempe 
City Code, table 2-A.
111.4 Revocation. 
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy, letter of compliance 
or temporary certificate of occupancy issued under the provisions of this code wherever such certificate is issued in 
error, or based on incorrect information supplied, or where it is determined the building or structure or portion 
thereof is in violation of any ordinance or regulation or any of the provisions of this code, or the City of Tempe 
Construction Codes or other ordinances of the jurisdiction.
111.5 Certificate of completion. 
The building official is authorized to issue a certificate of completion for a building or structure permitted as a basic 
or shell building which cannot be occupied. If after a final inspection of the building or structure, and any electrical, 
fire protection, plumbing, mechanical, fuel gas or similar systems shown on the approved plans there are no 
violations to the provisions of this code, the City of Tempe Construction Codes or other laws and ordinances that are 
enforced by the Building Safety Division, the permit holder may request such letter of compliance. The letter of 
compliance certifies that the work performed under the permit has been satisfactorily completed but does not 
authorize the occupancy of the building or structure.
The letter of compliance shall contain the following:
1. The building permit number.
2. The address of the structure.
3. A description of the building, construction type, proposed occupancy type, fire systems provided and 
building area.
4. A statement that the permitted work has been inspected for compliance with the requirements of this 
code and the City of Tempe Construction Codes.
5. The name of the building official.
SECTION 112 
SERVICE UTILITIES
112.1 Connection to utilities. 
A person shall not make connections from a utility, source of energy, fuel or power or a water system or sewer 
system to any building or system, that is regulated by this code or the City of Tempe Construction Codes for which a 
permit is required, until approved by the building official.
112.2 Temporary connection. 
The building official shall have the authority to authorize the temporary connection of the building or system to the 
utility, the source of energy, fuel, or power, or the water system or sewer system for the purpose of testing systems 
or for use under a temporary approval.
112.3 Authority to disconnect service utilities. 
The building official shall have the authority to authorize disconnection of utility service to the building, structure or 
system regulated by this code or the City of Tempe Construction Codes, or the referenced codes and standards in 
case of emergency, where necessary to eliminate an immediate  hazard to life or property or where such utility 
connection has been made without the approval required by Section 112.1 or 112.2 of this code. The building 
official shall notify the serving utility, and wherever possible the owner or the owners authorized agent and occupant 
of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified

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prior to disconnecting, the owner or the owners authorized agent or occupant of the building, structure or service 
system shall be notified in writing, as soon as practical thereafter.
112.3.1 
The building official shall have the authority to authorize disconnection of utility service or energy supplied to a 
building, structure or building service equipment in similar situations that are deemed to pose a probable or possible 
hazard to life or property.
The building official shall notify, in writing, the serving utility, the owner, and the occupant of the building, 
structure or building service equipment of the decision to disconnect prior to taking such action. The decision of the 
building official is appealable through the Technical Code Advisory Board of Appeals.
112.4 Authority to condemn building service equipment. 
When the building official determines that building service equipment regulated in the City of Tempe Construction 
Codes has become hazardous to life, health or property, or has become insanitary, the Building official shall order in 
writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate.
The written notice shall fix a time limit for compliance with such order. Defective building service equipment shall 
not be used, operated or maintained after receiving such notice.
112.4.1 
When such equipment or installation is to be disconnected, a written notice of such disconnection and causes 
therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or 
premises.
112.4.2 
When any building service equipment is used, operated or maintained in violation of the City of Tempe Construction 
Codes and in violation of a notice issued pursuant to the provisions of this section, the individual or individuals 
responsible for continued use, operation or maintenance shall be subject to the penalties described in this code and 
the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.
112.5 Connection after order to disconnect. 
Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to building 
service equipment that has been disconnected or ordered to be disconnected or the use has been ordered to be 
discontinued by the building official until the building official authorizes the reconnection and use of such 
equipment.
(Ord. No. O2018.59 , § 1, 8-30-18)
SECTION 113
TECHNICAL CODE ADVISORY BOARD OF APPEALS
113.1 General. 
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to 
the application and interpretation of this code and the City of Tempe Construction Codes , there shall be and is 
hereby created a Technical Code Advisory Board of Appeals. The board shall be appointed by the applicable 
governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its 
business.  Findings of the board shall be given to the appellant in writing with a duplicate copy to the Building 
Official.
113.2 Limitations on authority. 
An application for appeal shall be based on a claim that the true intent of the City of Tempe Construction Codes or 
the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the City of Tempe

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Construction Codes do not fully apply or an equal or better form of construction is proposed. A Technical Code 
Advisory Board of Appeals shall have no authority to waive requirements of the City of Tempe Construction Codes.
113.3 Created, composition.
113.3.1 Technical Code Advisory Board of Appeals. 
There shall be and is hereby created a technical code advisory board of appeals, consisting of nine (9) members who 
are qualified by experience and training to pass upon matters pertaining to the technical provisions of the Tempe 
City of Tempe Construction Codes.
For purposes of this section, the "technical provisions" shall mean all provisions of the City of Tempe Construction 
Codes except the administrative provisions.
Membership includes the following: 1) an architect, registered in the state; 2) a structural engineer registered in the 
state, an International Code Council (ICC) certified commercial building inspector, or an ICC certified building 
plans examiner; 3) a building contractor; one member shall be a home builder; 4) an electrical engineer, registered in 
the state, an ICC certified commercial electrical inspector, or an ICC certified electrical plans inspector; 5) an 
electrical contractor or an electrician; 6) a mechanical engineer, an ICC certified commercial mechanical inspector, 
an ICC certified mechanical plans examiner, an ICC certified commercial plumbing inspector, or an ICC certified 
plumbing plans examiner; 7) a plumber or plumbing contractor; 8) a mechanical contractor; and 9) a representative 
of the Fire Medical Rescue Department or a fire protection consultant. The building official or a designated 
employee of the Building Safety Division shall be an ex officio and non-voting member and shall act as secretary to 
the board.
113.4 Appointment, terms and vacancies. 
Appointments and terms of members shall be in accordance with Article VI of the City Charter. In the event of the 
unexcused absence of a member from three (3) consecutive meetings, the position shall be deemed vacant. 
Vacancies shall be filled in accordance with article VI of the City Charter for the unexpired term of any member 
unable or ineligible to serve. A member whose term expires may serve until a successor has been appointed. The 
City council may remove any member for cause.
113.5 Officers. 
The board shall elect a chairman and vice-chairman from among its members, neither of whom shall be an ex officio 
member. The chairman and vice-chairman shall each serve for a one-year period or until their successors are elected.
113.6 Meetings. 
The board shall hold one regular meeting every three (3) months when there is pending business. Special meetings 
may be called by the building official or at the request of the chairman or any five (5) members. An affirmative vote 
from a majority of the board members shall be required for passage of any matter before the board.
113.7 Powers, duties, responsibilities.
1. After an interpretation occurs or proposed changes to the City of Tempe Construction Codes are made by 
the building official, The board, on request or on its own motion, may interpret the technical provisions 
of the City of Tempe Construction Codes in special cases when it appears that the provisions of the codes 
are inadequate and do not cover the point in question..
2. Each case shall be evaluated on its individual merits and shall not be construed to set a precedent for 
deviating from the requirements of the City of Tempe Construction Codes. The findings of the board 
shall be binding upon all parties except as provided under Section 113.9 of this code.
3. The board may approve the use of the alternate materials or methods of construction, provided the 
alternate materials or method is, for the purpose intended, at least the equivalent of that prescribed by the

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City of Tempe Construction Codes in suitability, strength, effectiveness, fire resistance, durability, safety 
and sanitation.
4. The board shall review proposed changes to the City of Tempe Construction Codes provided by the 
building official and shall provide a recommendation to the city council to approve or deny.
5. The board may adopt such rules and provisions necessary for the discharge of its duties, provided said 
rules are not in conflict with the City Charter or this code.
6. The board is empowered to call upon the City attorney's office for legal counsel and upon any other office 
or board to aid and assist the board in its deliberations.
113.8 Appeal from decision of the building official.
1. Any person dissatisfied with a decision of the building official applying to the technical provisions of the 
City of Tempe Construction Codes or to an alternate material or method of construction may request a 
hearing before the board by filing an appeal with the building official on a form provided therefore. 
Such appeal shall be heard at the next regular meeting of the board unless such appeal is filed within 
twenty-one (21) days preceding the next regular board meeting, in which case such appeal shall be 
heard at the next succeeding regular or special board meeting.
2. All hearings shall be open to the public and any person whose interest may be affected by the decision 
shall be given an opportunity to be heard.
3. The board shall render all its decisions on appeals in writing to the appellant with a copy to the building 
official.
113.9 Appeal filing, fees.
1. Appeals shall be filed in the office of the Community Development Department on a form provided 
therefore. A fee shall be paid at the time of filing of an appeal, in accordance with the schedule 
established by City Council (Tempe City Code Appendix A).
2. No part of the fees required herein shall be refundable after an application is filed and the fee paid.
113.10 Appeal from decision of the board.
1. If the board's decision is not concurred with by the appellant or the building official, the appellant or the 
building official may then appeal the decision to the City council within twenty-one (21) days after the 
board's submission of such decision to the appellant and building official. The appeal shall be in writing 
and shall be filed with the City clerk.
2. The City council's decision on the matter shall be predicated on the same findings as set forth in Section 
113.7 of this code and shall be final.
SECTION 114
VIOLATIONS
114.1 Unlawful acts. 
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, 
demolish, change the occupancy or occupy any building, structure, equipment or electrical, plumbing, mechanical, 
or fuel gas systems regulated by this code and the City of Tempe Construction Codes, or cause same to be done, in 
conflict with or in violation of any of the provisions of this code and the City of Tempe Construction Codes.  
114.1.1 
It shall be unlawful for any person, firm or corporation to change, alter or improve the drainage of any property 
regulated by this code or the engineering design manual for which a permit would be required.
114.2 Prosecution of violation.
If the notice of violation is not complied within the time frame specified in the notice, the building official may 
request the legal counsel institute the appropriate proceeding at law, or in equity to restrain, correct or abate such

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violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation 
of the provisions of this code or of the City of Tempe Construction Codes or of the order or direction made pursuant 
thereto.
114.3 Notice of violation.
The building official is authorized to serve a notice of violation or order on the building owner, the owner's agent or 
person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or 
occupancy of a building, structure or electrical, plumbing, mechanical, or fuel gas systems in violation of the 
provisions of this code, the City of Tempe Construction Codes or in violation of a permit or certificate issued under 
the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the 
abatement of the violation.
114.3.1 Remedies not exclusive.
Violations of this code or the City of Tempe Construction Codes are in addition to any other violation established by 
law, and this code and shall not be interpreted as limiting the penalties, actions, or abatement procedures that may be 
taken by the City or other persons under the laws, ordinances or rules.
114.4 Violation penalties. 
Any person, firm, or corporation who shall violate any of the provisions of this code and the City of Tempe 
Construction Codes may be subject to one or more of the penalties as prescribed as follows:
Civil sanction: A fine of not less than four hundred dollars ($400) nor more than one thousand dollars ($1,000) but 
total fines shall not exceed two thousand dollars ($2,000) per day for each property.
Criminal misdemeanor: If found guilty of a class one misdemeanor and upon conviction shall be punished by a fine 
not to exceed two thousand five hundred dollars ($2,500) or by imprisonment in the City jail for a period not to 
exceed six (6) months, or by both such fine and imprisonment.
Separate offense: Each day any violation is continued or the failure to perform any act or duty required by this 
section shall constitute a separate violation or offense.
114.5 Illegal building.
Every building, structure, electrical, plumbing, mechanical, or fuel gas systems or portion thereof constructed 
without a building permit where required by this code, shall be made to conform to the provisions of this code and 
the City of Tempe Construction Codes or shall be demolished.
SECTION 115 
STOP WORK ORDER
115.1 Authority. 
Whenever the building official finds any work regulated by this code or the City of Tempe Construction Codes 
being performed in a manner either contrary to the provisions of this code or the City of Tempe Construction Codes 
or is dangerous or unsafe, the building official is authorized to issue a stop work order.
115.2 Issuance. 
The stop work order shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to 
the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop 
work order shall state the reason for the order, and the conditions under which the cited work will be permitted to 
resume.
115.3 Emergencies.
Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the 
work.

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115.4 Failure to Comply.
Any person who shall continue any work after having been served with a stop work order, except such work as that 
person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by 
this code and the law.
115.4.1 Appeals. 
Any person aggrieved by a stop work order issued by the building official may appeal such stop work order to the 
Technical Code Advisory Board of Appeals in accordance with the requirements of this code.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe Conditions. 
Buildings, Structures, portions thereof or building service equipment that are or hereafter become structurally 
unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or 
that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or 
improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be 
taken down and removed or made safe, as the building official deems necessary and as provided for in this section. 
A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. 
116.1.1 Unsafe building appurtenances. 
Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are 
supported by, attached to, or a part of a building and which are in a deteriorated condition or are otherwise unable to 
sustain the design loads which are specified in this code, are hereby designated as unsafe building appurtenance. All 
such unsafe building appurtenances are public nuisances and shall be abated in accordance with this section.
116.2 Imminent danger.
Where, in the opinion of the code official, there is imminent danger of failure or collapse of a building that 
endangers life, or where any building or part of a building has fallen and life is endangered by the occupation of the 
building, or where there is actual or potential danger to the building occupants or those in the proximity of any 
structure because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or 
operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and 
require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to 
such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the 
Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the 
structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
116.3 Temporary safeguards.  
Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent 
danger due to an unsafe condition, the code official shall order the necessary work to be done, including the 
boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein 
described has been instituted; and shall cause such other action to be taken as the code official deems necessary to 
meet such emergency.
116.4 Closing streets.
Where necessary for public safety, the code official shall temporarily close structures and close or order the 
authority having jurisdiction to close sidewalks, streets, public ways and places adjacent to unsafe structures, and 
prohibit the same from being utilized.

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116.5 Emergency repairs.
For the purposes of this section, the code official shall employ the necessary labor and materials to perform the 
required work as expeditiously as possible.
116.6 Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the 
jurisdiction shall institute appropriate action against the owner of the premises or the owner’s authorized agent 
where the unsafe structure is or was located for the recovery of such costs.
116.7 Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall 
thereafter, on petition directed to the appeals board, be afforded a hearing as described in this code.
116.8 Record.
The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of 
the structure and the nature of the unsafe condition.
116.9 Notice. 
The building official shall examine or cause to be examined every building or structure or portion thereof reported as 
dangerous or damaged and, if found to be an unsafe building as defined in this section, the building official shall 
serve on the owner, agent or person in control of the building or structure, a written notice that describes the 
condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe 
condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require 
the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the 
order. This notice may require the owner, agent or person in control of the building, within 48 hours, to commence 
either the required repairs or improvements or demolition and removal of the building or structure or portions 
thereof, and all such work shall be completed within 90 days from the date of notice, unless otherwise stipulated by 
the building official. If necessary, such notice shall also require the building, structure or portion thereof to be 
vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected, and 
approved by the building official.
116.9.1 Posting of signs.
The building official shall post at each entrance of such building, a notice to read: DO NOT ENTER UNSAFE TO 
OCCUPY by order of the Building Official, City of Tempe. Such notice shall remain posted until the required 
repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the 
Building Official and no person shall enter the building except for the purpose of making the required repairs or of 
demolishing the building.
116.10 Method of service.
Proper service of such notice shall be by one of the following methods; personal service upon the owner of record, if 
found within the City limits; sent by first class mail, postage paid, addressed to the owner, occupant, agent, manager 
or responsible person at the last known address; delivered in any manner permitted by the Arizona Rules of Civil 
Procedure for service of process or posted in a conspicuous place on or about the entrance of the structure affected 
by such notice. Service by mail is deemed complete upon deposit in the U.S. mail. Service of such notice in the 
foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of 
notice upon the owner. The designated period within which said owner, agent or person in control of the structure is 
required to comply with the order of the building official shall begin as of the date such notice was mailed, received 
or posted.  Such notice shall be deemed properly served where copy thereof is served in accordance of one of the 
following methods:
1. A copy is delivered to the owner personally.

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2. A copy is sent by certified or registered mail addressed to the owner at the last known address with the 
return receipt requested.
3. A copy is delivered in any other manner as prescribed by local law.
If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted 
in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing 
manner on the owner’s authorized agent shall constitute service of notice on the owner.
116.11 Restoration or abatement.
Where the structure or building service equipment determined to be unsafe by the building official is permitted to be 
restored to a safe condition, the owner, the owner’s authorized agent, operator or occupant of a structure, premises 
or equipment deemed unsafe by the building official shall abate or cause to be abated or corrected such unsafe 
conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, 
alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such 
repairs, alterations, additions and change of occupancy shall comply with the requirements of this code or the City 
of Tempe Construction Codes.
116.12 General.
When the code official determines any structure is so old, dilapidated or has become so out of repair and is 
dangerous, unsafe, insanitary and otherwise unfit for human habitation or occupancy the code official can order 
either of the following:
1. The code official is permitted to authorize the owner or owner’s authorized agent to make the 
structure safe by repairs in order to make the structure safe and sanitary. Where there has been a 
cessation of construction repairs of any structure for a period of more than 2 years, the structure will be 
ordered demolished and removed.
2. The code official is permitted to order the owner or owner’s authorized agent to demolish and remove 
any such structure.
116.12.1 Right to demolish.
In case the owner shall fail, neglect or refuse to comply with the notice to demolish and remove said building or 
structure or portion thereof, the City Council may order the owner of the building prosecuted as a violator of the 
provisions of this code and may order the building official to proceed with the work specified in such notice.
116.13 Costs.
Costs incurred under this section shall be paid out of the City funds and shall be charged to the owner and collected 
by the Finance Division.  The costs of such abatement shall be the responsibility of the owner of the property where 
the violation occurred and may be collected as an assessment against the property found to be in violation.
(Ord. No. O2018.59 , § 1, 8-30-18)
SECTION 117
BUILDING ADDRESS, TENANT SUITE AND DWELLING UNIT NUMBER ASSIGNMENT
117.1 Scope.
The provisions of this section shall serve as the requirements for the assignment of addresses, building identification 
letters, tenant suite and dwelling unit numbers for buildings within the City of Tempe.
117.2 Intent.
The purpose of this section is to establish a consistent method of assigning building identification to aid fire fighters 
and other emergency responders, provide for efficient access to property records and information, ensure 
conformance to the standards of the U. S. Postal Service, and our utility companies.

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117.3 General address assignments.
The Community Development Department is responsible for the assignment of addresses and building identification 
letters. New developments will be initially processed under the address and or parcel number assigned for each 
undeveloped parcel. The Building Safety Division will subsequently assign the final address or addresses while the 
project plans are under review and before building permits are issued with each building being suited at the time of 
permit review of a shell building.
In addition, the Building Safety Division is responsible for the assignment of the individual tenant suite and 
dwelling unit numbers.
Once assigned, all building addresses, building identification letters, tenant suite and dwelling unit numbers shall be 
forwarded by the Community Development Department to the Maricopa County Assessor's Office, U.S. Postal 
Service, Tempe Police Department and Fire Medical Rescue Departments, and all utility companies.
The actual size, color, and field placement of addresses, tenant suite and dwelling unit numbers shall be as specified 
in the Tempe Zoning and Development code.
Where access is by means of a private road and the building address cannot be viewed from the public way, a 
monument, pole or other approved sign or means shall be used to identify the structure.
117.4 Tenant suite and dwelling unit numbers processing procedure. 
To initiate this process the project must submit a separate site plan including the building layouts to the Building 
Safety Division for tenant suite and dwelling unit number assignment. This submittal shall consist of a properly 
scaled site plan depicting the site, building layouts, parking lots, building orientations, driveway locations, building 
exits, elevators, lobbies, and corridors. Proposed tenant layout plans may also be submitted with the required site 
plan to assist in the proper assignment of suite numbers.
Plans shall be submitted in electronic format to permitcenter@tempe.gov providing the same information as noted 
above. All tenant suite and dwelling unit numbers shall be assigned prior to permit issuance for any tenant 
improvements.
117.5 Tenant suite and dwelling unit number assignments. 
All tenant suite and dwelling unit spaces within multi-occupant, multi-family and multi-family mixed use buildings 
shall be assigned individual tenant suite and dwelling unit numbers. Separate street addresses shall not be assigned 
to multiple tenants in a single building.
Exception: Existing buildings with tenant suite or individual address numbers that were approved prior to 
this current address policy except as noted in Section 117.7 of this code.
117.5.1 Tenant space layout. 
Retail and office buildings will be assigned a separate suite number for each 20-foot increment of space along the 
length of the building. Buildings that have tenant entrances on 2 or more sides will be assigned suite numbers on the 
entry sides of the building for each 20 foot increment of space. Reference lines will be drawn on the plan in to 
represent the 20 foot spacing. The reference lines shall determine the suite number a tenant improvement may use 
based on its proposed location within the building.
Exceptions:
1. Mixed use buildings such as office/warehouse and similar mixed uses may be divided into increments 
of up to 40 feet.
2. Apartments, condominiums, and hotels/motels will be assigned a unit number for each dwelling or 
sleeping unit.
3. Townhouses without the availability of individual addresses will be assigned a unit number for each 
unit.

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The suite numbers assigned to these spaces represent the possible number of spaces that the building may be divided 
into and are not meant to represent the actual tenant space layouts. If a proposed tenant improvement encompasses 
multiple spaces, the tenant may choose any suite number within the range of suite numbers that the space will 
occupy. When a proposed tenant improvement that encompasses multiple spaces splits a space, the higher suite/unit 
number within the range may not be used by the tenant.
117.5.1.1 Accessory Dwelling Unit (ADU)
No separate address shall be issued for an accessory dwelling, instead the unit shall be addressed with the letter “A” 
following the address of the principle dwelling. i.e., 1234 – A. The address shall be visible from the point of entry 
for the ADU. No more than one (1) attached and one (1) detached ADU is allowed on any lot that is less than one 
(1) acre per Section 3-402 of the Zoning and Development Code.
117.5.2 Numbering. 
Suite/unit numbers are assigned as three (3) digit numbers. The first digit in the suite number will represent the floor 
level of the suite/unit. Unit number are assigned as four (4) digit numbers for townhomes (without individual 
addresses), apartments and residential condominiums of nine (9) stories or less.
Exception: Four-digit suite/unit numbers will be used for multi-occupant floors above the 9th floor, 
including multifamily residential condominiums and apartments. Duplicate unit numbers will not be used 
within multifamily projects, even if the project has more than one address or street entry. Projects 
containing multiple street addresses (areas) and containing a letter designation for each building will have 
unit numbers assigned sequentially throughout the project. When numbering sequentially from one area to 
another, each new area will commence its numbering with the next 100 series left off from the previous 
area.
117.5.3 Exterior tenant entrances. 
For buildings with exterior tenant entrances, the suite numbering shall follow the addressing guidelines based on the 
orientation of the building and its location in relation to Mill Avenue and the Salt River.
117.5.4 Interior tenant entrances.
For buildings with suites only accessed through interior entrances, the suite numbering starts with 101 on the left 
side of the main entrance of access and continues clockwise around the corridor.
For multiple floors, the suite numbering begins with the first suite on the left after exiting the elevator or main entry 
stairway for buildings with no elevator, and continuing clockwise around the corridor.
When buildings have multiple floors, the first suite shall start with '01 numbers, such as 201, and 301, applicable to 
each floor level and shall start in the same general location as required for the first suite (101) on the ground floor 
then continue clockwise sequentially around the corridor.
Exception: Single tenant spaces that occupy a complete floor level may be assigned the '00 number, such 
as 200 and 300, applicable to that floor level, provided that when the floor is occupied by two or more 
tenant spaces the numbers shall be reassigned to '01 numbering.
117.5.5 Basements. 
Basement suite/unit numbers shall be preceded with the letter B.
117.6 Non-conforming structures appeal process. 
Buildings and projects that cannot readily conform to these standards shall be reviewed on a case by case basis by a 
multi-disciplinary team made up an authorized member of the Police Department, Fire Medical Rescue Department, 
Community Development Department, and the U.S. Postal Service. Decisions rendered by this team may only be 
appealed through a formal application for a Code Modification.

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117.7 Existing buildings. 
Buildings not in conformity with the current address policy may continue to utilize existing suite numbering until 
such time that the building is:
1. At or below a 50% vacancy rate; and
2. When a tenant improvement is proposed.
Buildings not in conformity and with a proposed new tenant improvement after the building is at or below 50% 
vacancy rate shall be required to use the newly assigned suite numbers. The existing occupied suites will have 
twelve (12) months, from date of assignment, to conform to the newly assigned suite numbers. If a conflict in suite 
numbering exists because of re-suiting to the current policy, the building official or designee shall implement a suite 
numbering plan for the building which shall, as practicable, bring all suites into substantial compliance.
(Ord. No. O2018.59, § 1, 8-30-18)
SECTION 118
SECTIONS 118 THROUGH 199 RESERVED