CHAPTER 7 BUILDINGS AND BUILDING REGULATIONS

ARTICLE 7-1

TECHNICAL CODES

7-1-1 Adoption by Reference; Violations 7-1-2 Conformance to Zoning Ordinance Section 7-1-1 A. Adoption by Reference; Violations1

The following listed publications, three copies of which are on file in the office of the town clerk, are hereby adopted by reference with all appendices thereto as if set out at length in this code:

International Building Code, 2006 edition, third printing International Residential Code, 2006 edition, third printing Uniform Plumbing Code, 2006 edition, sixth printing International Mechanical Code, 2006 edition, third printing International Fire Code, 2006 edition, third printing International Property Maintenance Code, 2006 edition, fourth printing International Existing Building Code, 2006 edition, second printing International Energy Conservation Code, 2006 edition, third printing International Urban-Wildland Interface Code, 2006 edition, second printing National Electrical Code, 2005 edition
B. Notwithstanding any provision of any code or standard adopted by reference herein, any person violating any provision of this chapter shall be guilty of a class one misdemeanor.

Section 7-1-2

Conformance to Zoning Ordinance

Whenever a building permit is issued and a building inspection performed, such building must conform to the provisions of the Zoning Ordinance of the Town of Queen Creek in addition to the provisions of this chapter.

Ordinance 154-99 as modified by Ordinance 209-01 and 426-08

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ARTICLE 17-2

AMENDMENTS

[Link] Technical codes. The technical codes listed in Section [Link] and referenced elsewhere in This Code shall be considered part of the require ments of This Code to the prescribed extent of each such reference. Any references to codes other than listed in [Link].1 through [Link].11 shall be deleted and the codes listed in [Link].1 through [Link].11 inserted in lieu thereof. (Example: ICC Electrical Code would be replaced with National Electrical Code). Any reference to the International Zoning Code shall mean the current Town of Queen Creek Zoning Ordinance. Where references to private swimming pools, spas or hot tubs are indicated in This Code, it shall be amended and the requirements shall meet Appendix G of the 2006 International Residential Code, as amended in Section [Link]. [Link].1 Building Code. The provisions of the International Building Code shall apply to the construction, alteration, movement, 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, structures or premises. Exceptions: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the 2006 International Residential Code. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall be permitted to comply with the 2006 International Existing Building Code. [Link].2 Residential Code. The provisions of the 2006 International Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above-grade in height with a separate means of egress and their accessory structures. Such Dwellings and Townhouses shall be designated as R-5 occupancies. [Link].3 Electrical. The provisions of the 2005 National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Exceptions:

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1. Electrical work for R-5 Occupancies and their accessory structures shall comply with the 2006 International Residential Code. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall be permitted to comply with the 2006 International Existing Building Code. [Link].4 Gas. The provisions of the 2006 Uniform Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in This Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. Exceptions: 1. Fuel gas work for R-5 Occupancies and their accessory structures shall comply with the 2006 Uniform Plumbing Code. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall be permitted to comply with the 2006 International Existing Building Code. [Link].5 Mechanical. The provisions of the 2006 International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Exceptions: 1. Mechanical work for R-5 Occupancies and their accessory structures shall comply with the 2006 International Residential Code. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall be permitted to comply with the 2006 International Existing Building Code. [Link].6 Plumbing. The provisions of the 2006 Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. Any references to a plumbing code or gas code within This Code shall mean the Uniform Plumbing Code.

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Exceptions: 1. Plumbing work for R-5 Occupancies and their accessory structures shall comply with the 2006 Uniform Plumbing Code.

2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall be permitted to comply with the 2006 International Existing Building Code. [Link].7 Property maintenance. The provisions of the 2006 International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. [Link].8 Fire prevention. The provisions of the 2006 International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. [Link].9 Energy. The provisions of the 2006 International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. Exceptions: 1. Energy conservation work for R-5 Occupancies and their accessory structures shall comply with the 2006 International Residential Code. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall be permitted to comply with the 2006 International Existing Building Code. [Link].10 Existing Building Code. The provisions of the 2006 International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings. Exception: 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
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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. [Link].11 Urban-Wildland Interface. The provisions of the 2006 International Urban-Wildland Interface Code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the wildland-urban interface areas in this jurisdiction.

[Link] Definitions. Unless otherwise expressly stated, the following words or terms shall have the meaning as set forth in This Code. Definitions located in the technical codes are hereby incorporated into This Code. Addenda (Addendum) - Addenda are documents or other data submitted by applicants seeking to change the approved plans, for which a permit has been issued and remains in force, such that the scope of the original permit is not expanded. Building Official - The officer or other designated authority charged with the administration and enforcement of This Code and the technical codes, or duly authorized representative. When the term or title administrative authority, Building Official, chief inspector, code enforcement officer, code official, gas official, plumbing official, mechanical official, responsible official, fire code official, or other similar designation is used in This Code or in any of the technical codes, it shall be construed to mean the Building Official. Certificate of Compliance - A document issued by the Building Official indicating satisfactory compliance of a building or portion of a building, structure, electrical, gas, mechanical or plumbing system. This certificate can apply to various Town ordinances and the approved plans, and does not grant authority to occupy the building, structure or portion thereof prior to the issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy. Certificate of Occupancy - A document issued by the Building Official upon completion of all required inspections and approval of all requirements associated with the project whether onsite or offsite. It is a control device employed to ensure that a building is not used or inhabited until such time as the building official has deemed it safe to do so. Existing Building A building erected prior to the date of adoption of the code, or one for which a legal Certificate of Occupancy, or Town final approval, if no Certificate of Occupancy is required, has been issued. Existing Structure A structure erected prior to the date of adoption of the code, or one for which a legal Certificate of Occupancy, or Town final approval, if no Certificate of Occupancy is required, has been issued.
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Fire Separation Distance - The distance measured from the building face to one of the following: 1. To the closest interior lot line; or 2. To the centerline of a street, an alley or public way; or 3. To an imaginary line between two buildings on the lot. The distance shall be measured at a right angle from the face of the wall. Name of Jurisdiction - Any reference to the Jurisdiction within This Code shall mean the Town of Queen Creek, Arizona. R-5 Occupancies - Detached one- and two-family dwellings and townhouses not more than three stories above grade in height with a separate means of egress and their accessory structures regulated by the International Residential Code for One and Twofamily Dwellings. Shell Building - A permitted building or portion of, that when completed, cannot qualify for a Temporary Certificate of Occupancy or a Certificate of Occupancy. Stand Alone Permits - Stand Alone Permits are those that involve separate plumbing, mechanical, electrical, fire protection or other work not included in a combination Permit for a building or structure. Stand Alone fees shall be as indicated in the currently adopted fee schedule. Standard Plans - Plans approved and to be used in construction on a repetitive basis. Standard plans may include options allowing variations to the building design that may alter the interior and exterior appearance. Tenant Completion - The work performed by or on behalf of the initial tenant in a shell building, or space within a shell building, resulting in the completion and permitted legal occupancy of the building or space. Tenant Improvement - The work performed by or on behalf of a tenant in a completed Building, or space within a building, that has previously received a Temporary Certificate of Occupancy or a Certificate of Occupancy. Temporary Certificate of Occupancy - A Certificate that is intended to acknowledge that some of the building features may not be completed even though the building is safe, or that a portion of the building can be safely occupied while work continues in another area. Temporary Certificates would be issued only when incidental construction remains, such as site work that is not necessary for the safety of people, whether employees or the general public. This Certificate precludes the occupancy of the building or structure that does not contain all of the required fire protection systems and means of egress.
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[Link] Safeguards during construction. All construction work covered in This Code, including any related demolition and any construction associated with the approved plans, whether on site or off-site, shall comply with the requirements of Chapter 33 of the International Building Code and the Town of Queen Creek ordinances and standards. SECTION 7.1.2 - APPLICABILITY [Link] General. Where, in any specific case, different sections of This Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. [Link] Other laws. The provisions of This Code shall not be deemed to nullify any provisions of local, state or federal law. [Link] 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 the specific code. [Link] Referenced codes and standards. The codes and standards referenced in This Code shall be considered part of the requirements of This Code to the prescribed extent of each such reference. Where differences occur between provisions of This Code and referenced codes and standards, the more restrictive code shall apply. [Link] Partial invalidity. In the event that any part or provision of This Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. [Link] Existing structures. The legal occupancy and any electrical, plumbing, mechanical or fire system of any structure existing on the date of adoption of This Code shall be permitted to continue without change, e xcept as is specifically covered in This Code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any provision of This Code without approval of the Building Official. The Building Official shall verify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare.

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[Link] Additions, alterations or repairs. Additions, alterations, renovations or repairs to any mechanical, plumbing or electrical system shall conform to that required for a new system without requiring the existing system to comply with all the requirements of This Code. Additions, alterations or repairs shall not cause an existing system to become unsafe, unsanitary or overloaded. Minor additions, alterations, renovations and repairs to existing systems shall be permitted in the same manner and arrangement as in the existing system, provided that such repairs or replacement are not hazardous and are approved by the Building Official. [Link] Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, premises, system, or for the public safety, health and general welfare, not specifically covered by This Code shall be determined by the Building Official. SECTION 7.1.3 - DUTIES AND POWERS OF BUILDING OFFICIAL [Link] General. The Building Official is hereby authorized and directed to enforce the provisions of This Code. The Building Official shall have the authority to render interpretations of This Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of This Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in This Code. [Link] Applications and permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of This Code and other laws and ordinances of the jurisdiction. [Link] Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with This Code and other laws and ordinances of the jurisdiction to the prescribed extent of each such reference. [Link] Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise. [Link] Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under This Code.

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[Link] Right of entry. Where it is necessary to make an inspection to enforce the provisions of This Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of This Code, and other laws and ordin ances of the jurisdiction to the prescribed extent of each such reference, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by This Code and other laws and ordinances of the jurisdiction to the prescribed extent of each such reference, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner 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 the remedies provided by law to secure entry. [Link] Records. The Building Official shall keep official records of applications received, 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 of public records. [Link] Liability. The Building Official, member of the Board of Appeals or Town employee charged with the enforcement of This Code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by This Code or other pertinent law or ordinance, shall not thereby be rendered liable personally 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 an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of This Code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of This Code. [Link] Approved materials and equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. [Link].1 Used materials and equipment. The use of used materials which meet the requirements of This Code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official. [Link] Modifications. Wherever there are practical difficulties involved in carrying out the provisions of This Code or other pertinent law or ordinance, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owners representative and appropriate fees paid, provided the Building Official shall first find that special individual reason makes the strict letter of
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This Code or other pertinent law or ordinance impractical and the m odification is in compliance with the intent and purpose of This Code and other pertinent law or ordinance and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in accordance with Section [Link]. [Link] 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, provided that any such alternative has been approved and the appropriate fees have been paid. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of This Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in This Code in quality, strength, effectiveness, fire resistance, durability and safety. [Link].1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in This Code, shall consist of valid research reports from approved sources. [Link].2 Tests. Whenever there is insufficient evidence of compliance with the provisions of This Code, or evidence that a material or method does not conform to the requirements of This Code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in This Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. [Link] Occupancy Violations. When a building, structure, premises or building service equipment regulated by This Code, the technical codes, or any other regulation within the jurisdiction is being used contrary to the provisions of This Code, or the technical codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall, after receipt of notice, discontinue the use within the time prescribed by the Building Official and make the building, structure, premises, or portion thereof, comply with the requirements of such codes. [Link] Authority to Disconnect Utilities. In case of emergency, the Building Official or authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure, premise or building service equipment therein regulated by This Code or the technical codes where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible
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notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such utility, owner and occupant of the building, structure, premise or building service equipment, in writing, of such disconnection immediately thereafter. [Link] Unsafe Structures And Equipment [Link].1 Conditions. Structures or existing equipment or systems that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which 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 entry shall be deemed unsafe. [Link].2 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. [Link].3 Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the 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. [Link].4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) 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 upon the owners agent or upon the person responsible for the structure shall constitute service of notice upon the owner. [Link].5 Restoration. The structure, premise or equipment determined to be unsafe by the Building Official is permitted to be restored to a safe condition. 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 or change of occupancy shall comply with the requirements of This Code to the prescribed extent of each such reference.

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SECTION 7.1.4 - PERMITS [Link] Permit Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, 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 to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Exception: Entities that are, as a matter of law, immune from having to obtain a permit are exempt from the requirement to obtain permits unless agreed to in writing by both parties. [Link].1 Annual permit. In lieu 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 therefore to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. The Annual Facilities Permit fees shall be as indicated within the currently adopted Permit Fee Schedule. The Building Official may develop a process and procedures for Annual Permits. The Building Official may suspend or revoke an Annual Facilities Permit when the facility fails to comply with any of the responsibilities of any provisions of This Code or the processes and procedures stipulated by the Building Official. [Link].2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated. Annual Facilities Permit is not transferable. [Link].3 Compliance with Other Town Code Provisions, When Required. Building permits for construction of residences in new subdivisions shall not be issued until installation of all utilities, streets and other offsite improvements have been completed and accepted by the Town, except in those instances where the Building Official or a duly authorized representative, determines that phasing of utilities, streets and other selected offsite improvements are acceptable. When such phasing is desired, the utilities, streets, and other offsite improvements to be phased shall be approved in accordance with all Town-adopted Codes and Ordinances. [Link] 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 any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
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[Link].1 International Building Code and the International Residential Code. 1. One-story detached accessory structures to Group R-3, R-4 and R-5 occupancies used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed a total aggregate floor area on site of 120 square feet.

2. Fences not over 6 feet high unless required by any other laws or ordinances of this jurisdiction. 3. Oil derricks. 4. 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, unless supporting a surcharge or impounding Class I, II or III-A liquids. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

5.

6.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 or R-5 Single Family Dwelling occupancies which are less than 18 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 11. Swings and other playground equipment accessory to Group R3 or R-5 Single Family Dwelling occupancies.

12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support in Group R-3, R-5 Single Family Dwelling or Group U occupancies and is not within an area that would require the awning to have any fire-resistive protection. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1773 mm) in height.
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[Link].2 Electrical. 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when the cord or cable is permitted by the adopted National Electrical Code. 2. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 3. 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. 4. A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. 5. Repair or replacement of fixed motors, transformers, overcurrent device, electrodes or transformers or fixed approved appliances of the same type and rating in the same location. 6. Listed cord and plug connected temporary decorative lighting. 7. Repair or replacement of current-carrying parts of any switch, contactor or control device. 8. Reinstallation of attachment plug receptacles, but not the outlets therefore. 9. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 27 volts and not capable of supplying more than 50 watts of energy. 10. The wiring for temporary theater, motion picture or television stage sets. 11. Low-energy power, control and signal circuits of Class II and Class III as defined by the Electrical Code. 12. Installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. 13. Installation of portable generators for temporary events subject to inspection by Fire Inspectors.

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[Link].3 Gas. 1. 2. Portable heating appliance. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Replacement of gas water heating appliances of equal or less BTU/CFH rating and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group R1, R-2, R-3, R-4 and R-5 occupancies, manufactured homes, and recreational vehicles where the appliance serves an individual dwelling unit, provided the serving Gas Utility is notified prior to the appliance being energized. Replacement of gas pool and spa heating appliances of equal or less BTU/CFH rating, and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group R1, R-2, R-3, R-4 and R-5 occupancies, manufactured homes, and recreational vehicles where the pool or spa serves an individual dwelling unit, provided the serving Gas Utility is notified prior to the appliance being energized. Replacement of gas water heating appliances of equal or less BTU/CFH rating, and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group A-2, A-3, A-4, B, E, F-2, M, S-2 and U occupancies where the appliance serves an individual tenant space, provided the serving Gas Utility is notified prior to the appliance being energized. Replacement of gas air-conditioning units, direct-vented appliances, furnaces, and log lighters of equal or less BTU/CFH rating, and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group R1, R-2, R-3, R-4 and R-5 occupancies, manufactured homes, and recreational vehicles where the appliance serves an individual dwelling unit, provided the serving Gas Utility is notified prior to the appliance being energized. Replacement of gas unit heaters, overhead radiant heaters, vented freestanding heaters, vented overhead heaters, direct gas-fired make-up air heaters, industrial air heaters, and furnaces of equal or less BTU/CFH rating, and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group A-2, A-3, A-4, B, E, F-2, M, S-2 and U occupancies where the appliance serves an individual tenant space, provided the serving Gas Utility is notified prior to the appliance being energized.

3.

4.

5.

6.

7.

8.

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Any appliance or appurtenances equipped with required fire detection, fire notification or fire suppression systems will require a permit and inspections. 9. Replacement of gas air-conditioning units and heat pumps of equal or less BTU/CFH rating, same toxicity and same flammability classification of refrigerants and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group A-2, A-3, A-4, B, E, F-2, M, S-2 and U occupancies where the appliance serves an individual tenant space, provided the serving Gas Utility is notified prior to the appliance being energized. Any appliance or appurtenances equipped with required fire detection, fire notification or fire suppression systems will require a permit and inspections.

[Link].4 Mechanical. 1. 2. 3. 4. Portable heating appliance. Portable ventilation equipment. Portable cooling unit. Steam, hot or chilled water piping within any heating or cooling equipment regulated by This Code. Replacement of any part that does not alter its approval or make it unsafe. Portable evaporative cooler. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

5. 6. 7.

8.

[Link].5 Plumbing. 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in This Code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water

2.

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closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. Replacement of electric water heating appliances of equal or less amperage rating and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group R1, R-2, R-3, R-4 and R-5 occupancies, manufactured homes, and recreational vehicles where the appliance serves an individual dwelling unit. Replacement of electric water heating appliances of equal or less amperage rating, and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group A-2, A-3, A-4, B, E, F-2, M, S-2 and U occupancies where the appliance serves an individual tenant space. Replacement of electric air-handling units, appliances, furnaces, and log lighters of equal or less amperage rating, and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group R1, R-2, R-3, R-4 and R-5 occupancies, manufactured homes, and recreational vehicles where the appliance serves an individual dwelling unit. Replacement of electric heaters, overhead radiant heaters, freestanding heaters, overhead heaters, of equal or less amperage rating, and minor modification to electrical, mechanical, and plumbing connections necessary to serve the new appliance in Group A-2, A-3, A-4, B, E, F-2, M, S-2 and U occupancies where the appliance serves an individual tenant space. Any appliance or appurtenances equipped with required fire detection, fire notification or fire suppression systems will require a permit and inspections.

4.

5.

6.

[Link].6 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official. [Link].7 Repairs. Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain
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leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. [Link].8 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. [Link] Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe 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 7.1.5. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicants authorized agent. 7. Give such other data and information as required by the Building Official. 8. Licensing requirement. When the Town requires the issuance of a building permit, as a condition precedent to the construction, alteration, improvement, demolition or repair of a building, structure or other improvement to real property other than a single family detached dwelling and its accessory structures, as part of the application procedures, shall require that each applicant for a building permit file a signed statement that the contractor is currently licensed under the provisions of this chapter with the contractors license number and the privilege license number required pursuant to ARS section 425005. All work performed on the premises shall be by licensed contractor(s) and the building permit shall be issued to a General Contractor licensed by the State of Arizona Registrar of Contractors when a building permit other than Stand Alone Permits is required. Exception:

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Permits for Single Family Detached Dwellings and their accessory structures may be issued to the owner if the structure, group of structures or appurtenances, including the improvements thereto, are intended for occupancy solely by the owner and are not intended for occupancy by members of the public as the owner's employees or business visitors and the structures or appurtenances are not intended for sale or for rent. In all actions brought under this exception, proof of the sale or rent or the offering for sale or rent of any such structure by the owner-builder within one year after final approval or issuance of a certificate of occupancy by the Town is prima facie evidence that such project was undertaken for the purpose of sale or rent. [Link].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 and laws and ordinances of the Town, the Building Official shall issue a permit therefore as soon as practicable. A separate permit shall be issued for each building or structure. A single Site Permit may be issued where the work associated with the site is relevant to the entire project. The Building Official shall determine the Site Permit scope of work. [Link].2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of acceptance, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated by the applicant. The Building Official shall determine justifiable cause. [Link] 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 or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of This Code 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 or the premise where in violation of This Code or of any other ordinances of this jurisdiction. [Link] Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced and required inspections are requested by the permittee within 180 days after its issuance, or if more than 180 days elapses between required inspections. The Building Official shall be authorized to grant one extension of time for a period not to exceed 180 days. Permits shall not be extended more than once and all requests for extensions shall be in writing. In order to renew action on a permit
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after expiration, a new permit fee shall be paid based on the current fee schedule adopted by the Town. [Link] Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of This Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of This Code or any other ordinance of this jurisdiction. [Link] Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. [Link] Dust Control. Prior to the issuance of a permit, the owner or contractor causing or performing the work indicated within the permit, shall furnish a written plan, approved by Maricopa or Pinal County (if applicable), specifying the methods or means of controlling dust in accordance with County regulations concerning fugitive dust sources. For the purposes of this section, dust means all fugitive particulate matter as defined by applicable Maricopa or Pinal County fugitive dust regulations. [Link] Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems to comply with This Code or any other ordinances of this jurisdiction. SECTION 7.1.5 - CONSTRUCTION DOCUMENTS [Link] Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction or the State of Arizona. 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 registered 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. [Link].1 Information on Construction Documents. Construction documents shall be dimensioned and drawn to scale upon suitable material. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of This Code and relevant laws, ordinances, rules and regulations of the jurisdiction, as determined by the Building Official or duly authorized Town representative.
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The construction documents shall contain, at a minimum, a sheet(s) indicating the name, address and phone numbers of project owner(s), design professionals and contractors (if known). The sheet shall also contain information regarding the Code review as performed by the design professional, including the size of the building, type of construction and type(s) of occupancy, area and height modifications (If any), fire sprinklers (if any), and other information as directed by the Building Official. [Link].2 Screening. Submittal documents may be subject to screening for completeness and code compliance prior to being accepted for permit review. Incomplete submittals or submittals containing readily apparent code violations shall be returned to the applicant without being accepted, unless otherwise directed by the Building Official.
[Link].3 Standard Plans. Standard Plans are building construction drawings that

are designed and intended for use on more than one site. These drawings are reviewed in advance of the regular submission for permits. The applicant shall submit the site drawings, application, and other documents as required for permits to construct the approved Standard Plan in accordance with This Code, the technical codes and relevant laws, ordinances, rules and regulations. [Link].4 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with This Code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards. [Link].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 in compliance with the provisions of This Code. The construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. [Link].6 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with This Code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. [Link].7 Manufacturers Instructions. The construction documents shall include manufacturers installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
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[Link] 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 on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, design flood elevations and any additional information required by the Building Official and Town Engineer; 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. The Building Official, in consultation with the Town Engineer, is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. [Link] Examination of documents. The Building Official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of This Code and other pertinent laws or ordinances. [Link] Approval of construction documents. When the Town issues a permit, the construction documents shall be approved, in writing or by stamp, as Reviewed for Code Compliance or other such designation as required by the Town. One set of construction documents so reviewed shall be retained by the Building Official. A second approved set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized Town representative. [Link].1 Previous approvals. This Code 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 180 days after the effective date of This Code and has not been abandoned. [Link].2 Phased approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of This Code or any other laws or ordinances of this jurisdiction. The holder of such permit for the foundation or other parts of a building, structure or premises shall proceed at the holders own risk with the building operation and without assurance that a permit for the entire structure will be granted. [Link] Design Professional in Responsible Charge. When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on
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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 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 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. Where structural observation is required by This Code, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The Building Official shall approve the individual or firm before inspections are conducted. [Link] Deferred Submittals. For the purposes of This Code, deferred submittals are defined as those portions of the design that are not submitted at the time of the initial accepted application and that are to be submitted to the Building Official within a specified period thereafter. Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official. 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 that 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, the appropriate fees are paid and the permits issued. All deferred submittals shall be subject to the same plan review and approval process as the original accepted permit application and the work associated with the deferral for the project shall not commence before approval of the deferred submittal. Deferred submittals do not constitute the phasing of construction permits but may constitute an addendum to the original permit or application if the deferred submittal involves changes in the design or work meeting the definition of an addendum. [Link] Amended Construction Documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction
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that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. [Link].1 Addenda to Construction Documents. The project owner or owners representative may submit revisions to or modifications of the application or the construction documents at any time prior to the final completion of the work. Such addenda shall be subject to the same plan review and approval process as the original accepted permit application. Addenda are documents or other data submitted by applicants seeking to change the approved plans, for which a permit has been issued and remains in force, such that the scope of the original permit is not expanded. Upon approval, revised/modified documents shall supersede and shall be incorporated into the original submission or permit documents. Such approval addenda shall not constitute a new permit request. [Link] Retention of Construction Documents. One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days, from date of final approval or issuance of a Certificate of Occupancy of the permitted work, or as required by state or local laws. SECTION 7.1.6 - TEMPORARY STRUCTURES AND USES [Link] General. The Building Official is authorized to issue a permit for temporary structures and temporary uses. 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. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. [Link] Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of This Code and all other ordinances of the Town for temporary uses as necessary to ensure the public health, safety and general welfare. [Link] Temporary power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion or occupancy has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the Towns Electrical Code. [Link] Termination of approval. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 7.1.7 - FEES

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[Link] Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. A fee for each permit shall be paid as required, in accordance with the currently adopted fee schedule as established by the Town. Permit fees shall be paid at the time of issuance of a permit. [Link] Building permit valuations. The applicant for a permit shall provide an estimated construction valuation at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. For the purposes of determining final valuations for new buildings, the building valuation data as indicated in the most currently adopted fee schedule shall be used. When a foundation-only permit is authorized by the Building Official, it shall be permitted to include the foundation, interior underground utilities and any interior slab-work when so specified. Any valuation not specifically provided for shall be classified in the use and construction it most nearly resembles. [Link] Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or approvals shall be subject to an Unauthorized Construction fee in addition to the required permit fees. The fee shall be in accordance with the currently adopted fee schedule as established by the Town. This Unauthorized Construction Fee is in addition to the permit f ee and shall be assessed whether or not a permit is then or subsequently issued. [Link] 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. [Link] Refunds. The Building Official shall be permitted to authorize refunding of a fee paid hereunder which was erroneously paid or collected. The Building Official shall be permitted to authorize refunding of the permit fee paid when no work has been done under a permit issued in accordance with This Code. The Building Official shall be permitted to authorize refunding of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The amount of refunds shall be as indicated under the currently adopted fee schedule. The Building Official shall not be permitted to authorize refunding of any fee paid except upon written application filed by the original permittee. [Link] Plan review fees. Plan review fees shall be as per the currently adopted fee schedule. Any submittals that require third or subsequent reviews shall be charged an
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additional plan review fee in accordance with the Towns adopted fee schedule. The estimated plan review fee shall be collected at the time of initial plan acceptance for review and any subsequent review. Exception: Plan review fees for the following project types may be paid at time of permit issuance: 1. Recreational vehicle and manufactured housing; including awnings, storage sheds, etc. 2. Residential swimming pools and spas 3. Residential additions & remodeling less than $27,000 in total valuation 4. Stand alone residential plumbing, mechanical and electrical permits After the plan review has been completed, if the permit has not been issued and expiration of the plan review time period has passed as noted in Section [Link].2, the plan review fees shall become due and payable. SECTION 7.1.8 - INSPECTIONS [Link] 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 accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of This Code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of This Code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the 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 the number and street address, 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. [Link] Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. Inspection fees shall be in accordance with the currently adopted fee schedule. [Link] Required inspections. The Building Official, upon notification, shall make the inspections set forth in Sections [Link].1 through [Link].10.
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[Link].1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. [Link].2 Concrete slab and under-floor inspection. Concrete slab and underfloor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the sub-floor. [Link].3 Lowest floor elevation. The elevation certificate required in This Code or any other Town ordinance or requirements shall be submitted when required by the Building Official or Town Engineer. [Link].4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place, pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved and after the roof is loaded with the roof covering material or material that would equal the weight of the finished roofing material. Roof decking or sheathing may be inspected before the roof covering or material of equal weight is applied. [Link].5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly. [Link].6 Fire-resistant penetrations. Protection of joints and penetrations in fireresistance-rated assemblies shall not be concealed from view until inspected and approved. [Link].7 Energy efficiency inspections. Inspections shall be made to determine compliance with This Code and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency. The Building Official is authorized to accept reports verifying the above requirements.
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[Link].8 Other inspections. In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of This Code and other laws of the jurisdiction (such as masonry). [Link].9 Special inspections. Special inspections and structural observations shall be conducted as required by This Code or as required by the Building Official. [Link].10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. [Link] 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. [Link] Inspection requests. It shall be the duty of the holder of the building permit or their duly 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 inspections of such work that are required by This Code. [Link] Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. 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 his or her agent wherein the same fails to comply with This Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. There shall be a final inspection and approval of all construction authorized by the permit when the work is completed and prior to any occupancy or use. [Link] Gas Certificate. If, upon final gas piping inspections, the installation is found to comply with the provisions of This Code, the technical codes and any other requirements of the jurisdiction, a certificate of inspection shall be issued by the Building Official. The serving gas supplier to the premises shall be notified of the approval. It shall be unlawful for any serving gas supplier, or person furnishing gas, to turn on, or cause to be turned on, any fuel gas or any gas meter or meters, until such certificate of final inspection has been issued. The certificate of inspection shall be of any form approved by the Building Official. [Link] Electrical Certificate. If, upon final electrical inspections, the installation is found to comply with the provisions of This Code, the technical codes and any other requirements of the jurisdiction, a certificate of inspection shall be issued by the Building Official. The serving electrical supplier to the premises shall be notified of the approval. It shall be unlawful for any serving electrical supplier, or person furnishing electric, to turn on, or cause to be turned on, any electrical system or any electrical meter or
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meters, until such certificate of final inspection has been issued. The certificate of inspection shall be of any form approved by the Building Official. SECTION 7.1.9 - CERTIFICATE OF OCCUPANCY/COMPLIANCE [Link] Use and Occupancy. No building, structure or premise shall be used, occupied or open to the public, in whole or in part, and no change in the existing occupancy classification of a building, premise, structure or portion thereof shall be made until the Building Official has issued a temporary or a full Certificate of Occupancy therefore as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval to violate or cancel the provisions of This Code or of other ordinances of the jurisdiction. Exception: Certificates of Occupancy are not required for work exempt from permits indicated within This Code. [Link] Certificate of Occupancy. After the Building Official inspects the building or structure and finds no violations of the provisions of This Code, other laws and any other requirements of the jurisdiction associated with the project whether onsite or offsite, the Building Official shall issue a Certificate of Occupancy that contains the following: 1. 2. 3. 4. 5. The building permit number. The address of the structure. The name and address of the owner. A description of that portion of the structure for which the certificate is issued. A statement that the described portion of the structure has been inspected for compliance with the requirements of This Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the Building Official or authorized representative. 7. The edition of the code under which the permit was issued. 8. The use and occupancy. 9. The type of construction. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. Exception: One family, detached dwelling unit, designated as an R-5 occupancy classification, and its accessory structures, regulated under the International Residential Code unless specifically requested by the permit holder or owner.
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[Link] Temporary Occupancy. The Building Official is authorized to issue a temporary Certificate of Occupancy before the completion of the entire work covered by or associated with the permit, provided that such portion or portions shall be occupied or used safely. The Building Official shall set a time period during which the temporary Certificate of Occupancy is valid. The Building Official may renew the Certificate of Occupancy for just cause. The temporary Certificate of Occupancy shall contain the following: 1. 2. 3. 4. 5. The building permit number. The address of the structure. The name and address of the owner. A description of that portion of the structure for which the certificate is issued. A statement that the described portion of the structure has been inspected for compliance with the requirements of This Code for temporary occupancy, division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the Building Official or authorized representative. 7. The edition of the code under which the permit was issued. 8. The use and occupancy. 9. The type of construction. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. Exception: Single family, detached dwelling unit, designated as an R-5 occupancy classification, and its accessory structures, regulated under the International Residential Code unless specifically requested by the permit holder or owner. [Link] Certificate of Compliance. After the Building Official or designee inspects the building or structure and finds no violations of the provisions of This Code or of related land use and public health ordinances, rules and regulations, the Building Official may issue a Certificate of Compliance. Such Certificate of Compliance certifies that the work performed under the permit has been satisfactorily completed at the time of the inspection. The Certificate of Compliance does not authorize the occupancy of the building or structure. The Certificate of Compliance shall contain the following: 1. 2. 3. 4. 5. The building permit number. The address of the structure. The name and address of the owner. A description of that portion of the structure for which the certificate is issued. A statement that the described portion of the structure has been inspected for compliance with the requirements of This Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

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6. The name of the Building Official or authorized representative. 7. The edition of the code under which the permit was issued. 8. The use and occupancy. 9. The type of construction. 10. If an automatic sprinkler system is provided, whether the sprinkler system is required. 11. Any special stipulations and conditions of the building permit. 12. An explanation that the responsibility for the buildings compliance with the provisions of the Town codes and for maintenance of the building rests exclusively with the permit applicant(s) and their agent(s) and the buildings owner(s). Exception: Single family, detached dwelling unit, designated as an R-5 occupancy classification, and its accessory structures, regulated under the International Residential Code unless specifically requested by the permit holder or owner. [Link] Revocation. The Building Official is authorized to, in writing, suspend or revoke a Certificate of Occupancy, temporary Certificate of Occupancy or Certificate of Compliance issued under the provisions of This Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of This Code or ordinances of the jurisdiction. [Link] Posting. The Certificate of Occupancy or the Temporary Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. Exception: Single family, detached dwelling unit and its accessory structures. SECTION 7.1.10 - SERVICE UTILITIES [Link] Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by This Code for which a permit is required, until released by the Building Official. [Link] Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. [Link] Authority to Disconnect Service Utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, premise,
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structure or system regulated by This Code and the codes referenced in case o f emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, premise, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 7.1.11 - BOARD OF APPEALS [Link] 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, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the Town Council and shall hold office at its pleasure. The Board may adopt rules of procedure for conducting its business. [Link] Limitations on authority. An application for appeal shall be based on a claim that the true intent of This Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of This Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of This Code. [Link] Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. [Link] Administration. The Building Official shall take action in accordance with the decision of the Board. SECTION 7.1.12 - VIOLATIONS [Link] Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure, premises or equipment regulated by This Code, or cause same to be done, in conflict with or in violation of any of the provisions of This Code or any other laws or ordinances of this jurisdiction. [Link] Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of This Code, 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. [Link] Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the
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jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such 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 order or direction made pursuant thereto. [Link] Violation penalties. Any person who violates a provision of This Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of This Code, shall be subject to penalties as prescribed by law. The violations of This Code are in addition to any other violation established by law. SECTION 7.1.13 - STOP WORK ORDER [Link] Authority. Whenever the Building Official finds any work regulated by This Code is being performed in a manner either contrary to the provisions of This Code, or if such work is dangerous or unsafe, the Building Official is authorized to issue a stop work order. [Link] Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owners 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. [Link] Unlawful continuance. 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 law. SECTION 7.1.14 - UNSAFE STRUCTURES AND EQUIPMENT [Link] Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which 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 Code or other ordinances or regulations of this jurisdiction. A vacant structure that is not secured against entry shall be deemed unsafe. The following shall be used to determine the Conditions that constitutes an unsafe structure: 1. Whenever any door, aisle, passageway, stairway, or other means of exit is not of
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sufficient width or size or is arranged so as to not provide safe and adequate means of exit in case of fire or panic. 2. Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half (1-1/2) times the working stress or stresses allowed in This Code, as appropriate, for new buildings of similar structure, purpose, or location. 4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of This Code, as appropriate, for new buildings of similar structure, purpose, or location. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage properties. 6. Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in This Code, as app ropriate, for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in This Code, as appropriate, for such buildings. 7. Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 8. Whenever the building or structure, or any portion thereof, because of: a. dilapidation, deterioration, or decay; b. faulty construction; c. the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building, d. the deterioration, decay, or inadequacy of its foundation; or e. any other cause, is likely to partially or completely collapse. 9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 10. Whenever the exterior walls or other vertical structural members list, lean, or buckle
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to such an extent that a plumb line passed through the center of gravity does not fall inside the middle one-third (1/3) of the base. 11. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non-supporting members, enclosing, or outside walls or coverings. 12. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become: a. an attractive nuisance to children; b. a harbor for vagrants, criminals, or immoral persons; or as to c. enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 13. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in This Code, as appropriate, or of any law or ordinance of this state or jurisdiction relating to the condition, location, or structure of buildings. 14. Whenever any building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member, or portion less than fifty percent (50%), or in any supporting part, member, or portion less than sixty-six percent (66%) of the: a. b. c. strength, or fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of the like area, height, and occupancy in the same location.

15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connection or heating apparatus, or other cause, is determined to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
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18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. 19. A Vacant or Abandoned building determination has been made by the Building Official. [Link] Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the 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 notice. [Link].1 Method of service. Such notice shall be deemed properly served if a copy thereof is: 1. delivered to the owner personally, or; 2. sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested, or; 3. 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 upon the owners agent or upon the person responsible for the s tructure shall constitute service of notice upon the owner. [Link] Imminent Danger. When, in the opinion of the Building Official, there is imminent danger of failure or collapse of a building, equipment or system that endangers life, or when any building or part of a building has fallen and life is endangered by the occupation of the building, or when 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 Building Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Building 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 Building Official. It shall be unlawful for any person to remove such notice, 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.
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[Link] Temporary Safeguards. Notwithstanding other provisions of This Code, whenever, in the opinion of the Building Official, there is imminent danger due to an unsafe condition, the Building 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 deemed necessary to meet such emergency. When necessary for public safety, the Building Official shall work closely with other public safety agencies and may temporarily close structures and order the authority having jurisdiction to close sidewalks, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized. [Link] Emergency Repairs. When a condition of imminent danger exists, the Building Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. The Town shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of costs incurred for emergency repairs. [Link] Records. 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. [Link] Restoration. The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to a safe condition. 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 or change of occupancy shall comply with the requirements of Section 7.1.4 and This Code. [Link] Hazard Marking System. The Building Official, in conjunction with other public safety agencies, shall establish a hazard identification marking system to provide personnel responding to a fire or other emergency with a visual identification marking that the property is vacant, abandoned, or unsafe.

Section 7.2 AMENDMENTS 7.2.1 Amendments to the International Building Code The following provision of the International Building Code, 2006 Edition, third printing, published by the International Code Council., is hereby amended or modified as follows: [Link] Chapter 1, Administration. Chapter 1, Administration, is hereby deleted except as follows: For administration of this Code, refer to Section 7.1 of the Town Code.
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[Link]

Chapter 3, Use and Occupancy Classification.

Sections 308.2, 308.3, 310.1, and 310.2 are amended to read as follows: [Link].1 308.2 Group I-1. This occupancy shall include buildings, structures or parts thereof housing no more than 6 residents per home. This limitation does not include the operator of the facility, members of the operators fami ly or staff persons, except that the number of all persons living in the residential facility shall not exceed eight (8), persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a residential environment that provides supervisory care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following: Residential board and care facilities Assisted living centers Halfway houses Group homes Congregate care facilities Social rehabilitation facilities Alcohol and drug abuse centers Convalescent facilities

A facility such as the above with 6 or fewer persons shall be classified as a Group R4 Condition 1 or shall comply with the International Residential Code in accordance with Section 101.2 where the building is in compliance with Section 419 of this code. [Link].2 308.3 Group I-2. This occupancy shall include buildings and structures used for medical, surgical, psychiatric, nursing, custodial, personal, or directed care on a 24-hour basis of no more than 6 residents per home who are not capable of self-preservation by responding to an emergency situation without physical assistance from staff. This limitation does not include the operator of the facility, members of the operators family or staff persons, except that the number of all persons living in the residential facility shall not exceed eight (8) persons. This group shall include, but not be limited to, the following: Hospitals Nursing homes (both intermediate-care facilities and skilled nursing facilities) Mental hospitals Detoxification facilities

A facility such as the above with five or fewer persons shall be classified as Group R-3 or shall comply with the International Residential Code.

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This occupancy shall also include buildings and structures used for assisted living homes providing supervisory, personal, or directed care on a 24-hr basis of no more than 6 residents per home. This limitation does not include the operator of the facility, members of the operators family or staff persons, except that the number of all persons living in the residential facility shall not exceed eight (8) persons who are not capable of self-preservation by responding to an emergency situation without physical assistance from staff. A facility such as the above with ten or fewer persons shall be classified as R-4 Condition 2. [Link].3 310.1 Residential Group R. Replace R-4 text with the following language: R-4. Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living homes including no more than 6 residents per home. This limitation does not include the operator of the facility, members of the operators family or staff persons, except that the number of all persons living in the residential facility shall not exceed eight (8) occupants. Condition 1. This occupancy condition shall include facilities licensed to provide supervisory care services, in which occupants are capable of self-preservation by responding to an emergency situation without physical assistance from staff. Condition 1 facilities housing no more than 6 residents per home. This limitation does not include the operator of the facility, members of the operators family or staff persons, except that the number of all persons living in the residential facility shall not exceed eight (8) persons shall be classified as a Group I-1. Condition 2. This occupancy condition shall include facilities licensed to provide personal or directed care services, in which occupants are incapable of selfpreservation by responding to an emergency without physical assistance from staff. Condition 2 facilities housing no more than 6 residents per home. This limitation does not include the operator of the facility, members of the operators family or staff persons, except that the number of all persons living in the residential facility shall not exceed eight (8) persons shall be classified as Group I-2. R-4 occupancies shall meet the requirements for construction as defined in Group R-3 except as otherwise provided for in this code and Section 419, or shall comply with the International Residential Code where the building is in compliance with Section 419 of this code [Link].4 310.2 Definitions. Add new or replace as follows:

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DIRECTED CARE SERVICE: Care of residents, including personal care services, who are incapable of recognizing danger, summoning assistance, expressing need, or making basic care decisions. PERSONAL CARE SERVICE: Assistance with activities of daily living that can be performed by persons without professional skills or professional training and includes the coordination or provision of intermittent nursing services and the administration of medications and treatments. RESIDENTIAL CARE/ASSISTED LIVING HOME: A building or part thereof housing no more than 6 residents per home. This limitation does not include the operator of the facility, members of the operators family or staff persons, exce pt that the number of all persons living in the residential facility shall not exceed eight (8), on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides supervisory, personal, or directed services. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living homes, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities. SUPERVISORY CARE SERVICE: General supervision, including daily awareness of resident functioning and continuing needs. [Link] Chapter 4, Special Detailed Requirements based on Use and Occupancy. Sections 406.1.4 is amended and a new Section 421 is added, as follows: [Link].1 Section 406.1.4 Separation. Add the following paragraph: 4. In buildings protected with an automatic fire sprinkler system (including the private garage), the room finish materials shall be permitted to be a minimum 1/2-inch (12.7 mm) gypsum board applied to the garage side. [Link].2 Section 421 Residential Care/Assisted Living Homes. Add new Section 421: 421 RESIDENTIAL CARE/ASSISTED LIVING HOMES 421.1 Applicability. The provisions of this section shall apply to a building or part thereof housing no more than 6 residents per home. This limitation does not include the operator of the facility, members of the operators family or staff persons, except that the number of all persons living in the residential facility shall not exceed eight (8), on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides licensed
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care services. Except as specifically required by this division, R-4 occupancies shall meet all applicable provisions of Group R-3. 421.2 General. Buildings or portions of buildings classified as R-4 occupancies shall meet all the applicable provisions of Group R-3, may be constructed of any materials allowed by this code, shall not exceed two stories in height nor be located above the second story in any building, and shall not exceed 2000 square feet above the first story except as provided in Section 506. 421.3 Special Provisions. R-4 occupancies having more than 2000 square feet of floor area above the first floor shall be of not less than one-hour fire-resistive construction throughout. 421.3.1 Mixed Uses. R-4 occupancies shall be separated from other uses as provided in Table 508.3.3. 421.4 Access and Means of Egress Facilities. 421.4.1 Accessibility. R-4 occupancies shall be provided with at least one accessible route per the Arizonans with Disabilities Act. Sleeping rooms and associated bathing and toilet facilities (rooms) shall be accessible. Exception: Existing buildings shall comply with Sections 1103.2.2 and 3409. Bathing and toilet facilities need not be made accessible, but shall be provided with grab bars in accordance with ICC/ANSI A 117.1. 421.4.2 Exits [Link] Number of Exits. Every story, basement, or portion thereof shall have not less than two exits. Exception: Basements and stories above the first floor containing no sleeping rooms may have one means of egress as provided in Chapter 10. [Link] Distance to Exits. The maximum travel distance shall comply with Section 1016, except that the maximum travel distance from the center point of any sleeping room to an exit shall not exceed 75 feet. [Link] Emergency Exit Illumination. In the event of a power failure, exit illumination shall be automatically provided from an emergency system powered by storage batteries or an onsite generator installed in accordance with the National Electric Code.
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[Link] Emergency Escape and Rescue. R-4 occupancies shall comply with the requirements of Section 1026, except that Exception 1 to Section 1026.1 does not apply to R-4 occupancies. [Link] Delayed egress locks. In R-4 Condition 2 occupancies, delayed egress locks shall be permitted in accordance with Sections 1008.1.3.4 and 1008.1.8.6, items 1, 2, 4, 5 and 6. 421.5 Smoke Detectors and Sprinkler Systems 421.5.1 Smoke Alarms. All habitable rooms and hallways in R-4 occupancies shall be provided with smoke alarms installed in accordance with Section 907.2.10. 421.5.2 Sprinkler Systems. R-4 occupancies shall be provided with a sprinkler system installed in accordance with the International Fire Code Section [Link]. Sprinkler systems installed under this Section shall be installed throughout, including attached garages, and in Condition 2 facilities shall include attics and concealed spaces or those spaces containing combustible materials. Such systems may not contain unsupervised valves between the domestic water riser control valve and the sprinklers. In R-4 Condition 2 occupancies, such systems shall contain water-flow switches electrically supervised by an approved supervising station, and shall sound an audible signal at a constantly attended location. [Link] Chapter 5, General Building Heights and Areas.

Sections 501.2 is amended to read as follows: [Link].1 Section 501.2 Premises identification. Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters or per the Town Code, whichever is the more restrictive. Numbers shall be the minimum size required by the Fire Department or other Town requirements, whichever is more restrictive. [Link] Chapter 9, Fire Protection Systems.

Sections 901.1 and 901.5 are amended to read as follows: [Link].1 Section 901.1 Scope. Add the following sentence:
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Where there is a conflict regarding fire suppression systems and/or alarms between this code and the International Fire Code, the International Fire Code shall prevail. [Link].2 Section 901.5 Acceptance tests. Fire protection systems shall be tested in accordance with the International Fire Code adopted by the Town of Queen Creek. It shall be unlawful to use, occupy or furnish any portion of a structure until the fire protection systems of the structure have been tested and approved. [Link] Chapter 10, Means of Egress. [Link].1 Section 1008.1.2 Door Swing. Exception #4, is amended to read as follows: Doors within or serving a single dwelling unit in Groups R-2 and R-3, as applicable and R-4. [Link] Chapter 11, Accessibility.

Sections 1101.1, 1101.2, 1103.2.4, 1103.2.6, 1109.2, 1109.2.2, and 1109.3 are amended to read as follows: [Link].1 Section 1101.1 Scope. The provisions of this chapter and the Arizona Revised Statutes (ARS) Section 411492 through 41-1492.12 and Arizonans with Disability Act Guidelines for Buildings and Facilities (ADAAG) shall control the design and construction of facilities for accessibility to physically disabled persons whichever standard provides the greater degree of accessibility. [Link].2 Section 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code, ICC A117.1, and in accordance with the provisions of the State of Arizona Attorney General Administrative Rules R-10-3-401 through R-10-3404 and ADAAG whichever standard provides the greater degree of accessibility. This reference provision shall apply in all cases where ICC A117.1 is referenced in This Code. [Link].3 Section 1103.2.4 Detached dwellings. Add the following sentences:
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Home occupations as defined in the Town Code are not required to be accessible. For all other combinations of businesses in Group R occupancies, the business portion shall be accessible and shall include a minimum of one accessible toilet room and an accessible route from the business portion to the accessible toilet room, accessible parking space and public sidewalk. [Link].4 Section 1103.2.6 Construction sites. Add the following sentences: The public portions of temporary sales offices/trailers are required to be accessible. There shall be accessible parking and an accessible route from the accessible parking aisle to the sales office/trailer and throughout the public portion of the sales office/trailer, including the design center. Accessible toilet rooms shall be provided according to this code. [Link].5 Section 1109.2 Toilet and Bathing facilities. Delete exception number 4. [Link].6 Section 1109.2.2 Water closet compartment. Add the following sentence to the end of first paragraph: A baby changing station shall not be located within a water closet compartment. [Link].7 Section 1109.3 Sinks. Add two exceptions: 2. Manufacturing process sinks are not required to be accessible. 3. Commercial sinks in kitchens, other than hand sinks, are not required to be accessible. [Link] Chapter 12, Sound Transmission.

A new Section 1207.4 is added, as follows: [Link].1 Section 1207.4 Maximum Residential Interior Noise Level. All residences shall be constructed in accordance with the requirements as described in Article 4.15 of the Queen Creek Zoning Ordinance. [Link] Chapter 16, Structural Design. Table 1607.1 is amended as follows:
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[Link].1 Table 1607.1 Minimum Uniformly Distributed Live Loads and Minimum Concentrated Live Loads Revise Item 28, Residential revise two values in the Table, and delete footnote i, replacing it as follows: OCCUPANCY OR USE 28. Residential One- and two-family dwellings 20 40 Uninhabitable attics with limited storage i,j,k 30 40 Habitable attics and sleeping areas i. For trussed systems, this live load need not be considered as acting simultaneously with other live loads imposed upon the ceiling framing or its supporting structure. [Link] Chapter 17, Structural Tests and Special Inspections. Section 1704.5 is amended as follows: [Link].1 Section 1704.5 Masonry Construction. Add two additional exceptions: 4. Masonry fences six feet or less in height above grade. 5. Masonry retaining walls four feet or less in height from bottom of footing to top of wall, unless supporting a surcharge or impounding flammable liquids. [Link] Chapter 29, Plumbing Systems. Delete Chapter 29 in its entirety. Plumbing systems shall be in accordance with the 2006 Uniform Plumbing Code. [Link] Chapter 31, Special Construction. [Link].1 Section 3109 Swimming Pool Enclosures and Safety Devices. Section 3109 is hereby deleted except as follows:
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UNIFORM (psf)

CONCENTRATED (lbs.)

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Swimming pool enclosures and safety devices shall comply with Appendix G of the International Residential Code. [Link] Appendices. The following appendices are adopted: Appendix C, Group U - Agricultural Buildings Appendix I, Patio Covers Appendix J, Grading (as amended see Section [Link]) [Link] Appendix J Grading. Sections J106.1 and J109.1 are amended to read as follows: [Link].1 Section J106.1 Maximum slope. Delete this section and replace with the following: The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than 3 horizontal to 1 vertical (33 percent) unless the applicant furnishes a soils report justifying a steeper slope. Exception: A cut surface in bedrock shall be permitted to be at a slope of 2 horizontal to 1 vertical (50 percent) unless the applicant furnishes a soils report justifying a steeper slope. [Link].2 Section J109.1 General. Delete the exception. 7.2.2 Amendments to the International Residential Code The following provision of the International Residential Code, 2006 Edition, third printing, published by the International Code Council., is hereby amended or modified as follows: [Link] Chapter 1, Administration. Chapter 1, Administration, is hereby deleted except as follows : For administration of this Code, refer to Section 7.1 of the Town Code. [Link] Chapter 3, Building Planning.
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Sections R301.1.4, R302.1, R302.2, R302.3, R302.4, R303.8, R310.4, R317.2, R317.2.4, R320.1, R321.1, R322.1.1, R322.1.2 and R322.2, and Tables R301.2(1) and R301.5 are amended to read as follows: [Link].1 Section R301.1.4 Lot corner identification. Add new section: In construction applications where legally surveyed lot corner identification markers are not readily verifiable or are missing, the Town Engineer or Building Official, when deemed necessary, shall require lot boundary markers to be surveyed and permanently identified in accordance with State law at the owner's or applicant's expense. The survey shall be executed by a registrant licensed to do such work by the Arizona State Board of Technical Registration. [Link].2 Section R302.1 Exterior walls. Delete and replace with the following language: Exterior walls with a fire separation distance less than 3 feet (914mm) shall have not less than a one-hour fire-resistive rating with exposure from both sides. Projections shall not extend to a point closer than 2 feet (610 mm) from the line used to determine the fire separation distance. Exception: Detached garages accessory to a dwelling located within 2 feet of a lot line may have roof eave projections not exceeding 4 inches. [Link].3 Section R302.2 Projections. Add new section: Projections extending into the fire separation distance shall have not less than onehour fire-resistive construction on the underside. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance. Exception: Tool and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. [Link].4 Section R302.3 Openings.
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Add new section: Openings shall not be permitted in the exterior wall of a dwelling or accessory building with a fire separation distance less than 3 feet (914 mm). This distance shall be measured perpendicular to the line used to determine the fire separation distance. Exceptions: 1. Openings shall be permitted in walls that are perpendicular to the line used to determine the fire separation distance. 2. Foundation vents installed in compliance with this code are permitted. [Link].5 Section R302.4 Penetrations. Add new section: Penetrations located in the exterior wall of a dwelling with a fire separation distance less than 3 feet (914 mm) shall be protected in accordance with Section R317.3. Exception: Penetrations shall be permitted in walls that are perpendicular to the line used to determine the fire separation distance. [Link].6 Section R303.8 Required heating and cooling. Replace with the following: Every dwelling unit shall be provided with heating and cooling facilities capable of maintaining a room temperatures between of 70F (21C) and 90F (50C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature. The installation of one or more portable space heaters or coolers shall not be used to achieve compliance with this section. [Link].7 Section R310.4 Bars, grilles, covers and screens. Add the following sentence to the end of the text: The dwelling shall be equipped with smoke alarms installed in accordance with Section R313. [Link].8 Section R317.2 Townhouses. Delete the exception from Section R317.2
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[Link].9 Section R317.2.4 Structural Independence. Replace Exception 5 with the following: 5. Post tensioned slabs and foundations. [Link].10 Section R320.1 Subterranean termite control methods. Delete the first paragraph and replace with the following (methods 1-5 remain without revision): In areas designated as slight to moderate, moderate to heavy, and very heavy, as indicated by Table R301.2(1), methods of protection shall be one of the following methods or a combinations of these methods: [Link].11 Section 321.1 Premises identification. Add the following language at the end of the paragraph: These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters or per the Town Code, whichever is the more restrictive. Numbers shall be the minimum size required by the Fire Department or other Town requirements, whichever is more restrictive. [Link].12 Section R322.1.1 Model Home complex. Add new: At least one single family dwelling as part of a model home complex as described in Town Codes and Ordinances shall have a no-step entrance as described in Section R322.1.2. [Link].13 Section R322.1.2 No-step entrance. Add new: Residential single family dwellings, as part of a model home complex, as described in Town Codes and Ordinances, shall have a route of travel as described herein. The route of travel shall be a continuous nostep path connecting each subdivision sales office or public way to the primary entry. The route of travel shall conform to the following requirements: 1. The running slope shall not exceed 1:12. 2. Routes of travel complying with this section are not required to have handrails.
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3. The route of travel shall be a firm, stable, and slip resistant surface for a minimum width of 36 inches (914 mm) continuous and clear for a height of 7 feet above the route. 4. The entry to the model home shall have a maneuvering space of a minimum 48 inches (1219 mm) by 48 inches (1219 mm) on the exterior side of the entry door. 5. The threshold at the entry shall not exceed inch (13 mm). 6. The no step entry shall be identified by a readily viewable sign. [Link].14 Section R322.2 Model Home Sales Office Restrooms. Add new: If public restrooms are provided for residential development models, such restroom facilities shall be accessible and shall be provided by either of the following methods: 1. Converting one ground model home restroom into an ADA accessible unisex facility; or 2. Providing one ADA accessible unisex portable toilet and hand washing unit located on an accessible route. The accessible portable toilet facility shall be removed when the sales office is permanently closed. [Link].15 Table R301.2(1) Climatic and Geographic Design Criteria. Insert the following into Table R301.2(1): Ground Snow Load: N/A Wind speed: 90 mph, Exposure C (Unless otherwise designated by the Building Official) Seismic Design Category: B Weathering: NEGLIGIBLE Frost Line Depth: 12 Termite: MODERATE TO HEAVY Decay: NONE TO SLIGHT Winter Design Temperature: 32 degrees F Ice Barrier Underlayment Required: NO Flood Hazards: (a) July 25, 1990, (b) September 3, 2005 (Maricopa County); December 4, 2007 (Pinal County) Air Freezing Index: NO Mean Annual Temp: 70 F [Link].16 Table R301.5 Minimum Uniformly Distributed Live Loads. Revise one descriptor and two values in the Table, and add a new footnote j:

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USE

LIVE LOAD

Attics with limited storage b, g, h 20 40 Sleeping rooms 30 40 j. For trussed systems, this load need not be considered as acting simultaneously with other live loads imposed upon the ceiling framing or its supporting structure. [Link] Chapter 4, Foundations. Section R403.1.1 is amended to read as follows: [Link].1 Section R403.1.1 Minimum size. Add the following exception: Exception: For enclosure of existing carports and patio covers, nonbearing wood-framed exterior walls within the projection of the existing roof may be supported on an existing, uncracked concrete slab. The minimum slab thickness shall be 3 inches and the construction shall comply with the requirements of R319 for protection against decay. [Link] Chapter 7, Wall Covering. Section R703.6.2.1 is amended to read as follows: [Link].1 Section R703.6.2.1 Weep screeds. Add the following exception: Exception: At no-step entries to a residence a weep screed may be installed over an approved drain channel. The drain channel shall drain to an approved area. [Link] Chapter 11, Energy Efficiency.

Section N1103.2.1 is amended to read as follows: [Link].1 Section N1103.2.1 Insulation. Supply and return ducts shall be insulated to a minimum of R-8. Ducts in floor trusses shall be insulated to a minimum of R-6.
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Exceptions: 1. Ducts or portions thereof located completely inside the building thermal envelope. 2. Supply and return ducts may be insulated to a minimum of R-6 when one or more of the following conditions are met: 2.1. Minimum SEER rating of space heating/cooling system is 14. 2.2. Maximum U-factor is 0.64 and maximum SHGC is 0.35 for all fenestration products 2.3. Wall cavity insulation minimum R-value is R-19. 2.4. Residential buildings that meet section N1101.7 or Chapter 4 of the 2006 International Energy Conservation Code. [Link] Chapter 15, Exhaust Systems. Sections M1502.3 and M1502.6 are amended to read as follows: [Link].1 Section M1502.3 Duct size. Replace with the following language: The diameter of the exhaust duct shall be as required by the clothes dryers listing and manufacturers installation instructions. If the manufacturer is not known at the time of duct installation, a 4 inch (104 mm) diameter moisture exhaust duct of approved material shall be installed. [Link].2 Section M1502.6 Duct length. Add a new Exception #3: Where the make and model of the clothes dryer is not known, the installed length and number of elbows of the duct in the building shall be posted by virtue of a warning label made of a minimum 3 inch (76 mm) by 4 inch (104 mm) metal plate that shall be permanently affixed on the wall near the interior duct outlet that states: Warning Do Not Remove. To avoid the risk of fire caused by lint build -up in the exhaust duct, all domestic dryers installed at this location shall be manufacturer approved (listed) for connection to an exhaust duct that is ( ) feet or greater in length with ( ) elbows. [Link] Chapter 17, Combustion Air. Section M1703.2 is amended to read as follows: [Link].1 Section M1703.2 Two openings or ducts.
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Replace the first paragraph with the following language: Outside combustion air shall be supplied through openings or ducts, as illustrated in Figures M1703.2(1), M1703.2(2), M1703.2(3) and M1703.2(4). One opening shall be within 12 inches (305mm) of the top of the enclosure, and one within 12 inches (305mm) of the bottom of the enclosure. For LPG appliances, any duct serving the lower opening shall be at the floor level and slope to the outdoors without traps or pockets. Openings are permitted to connect to spaces directly communicating with the outdoors, such as ventilated crawl spaces or ventilated attic spaces. The same duct or opening shall not serve both combustion air openings. The duct serving the upper opening shall be level or extend upward from the appliance space. [Link] Chapter 38, Power and Lighting Distribution. Section E3802.7 is amended to read as follows: [Link].1 Section E3802.7 Laundry, utility, wash basin, tub, shower and bar sink receptacles. All 125-volt, single-phase, 15- and 20-ampere receptacles that are located within 6 feet (1829 mm) of the edge of a laundry, utility, wash basin, tub, shower or wet bar sink shall have ground-fault circuit-interrupter protection for personnel. Receptacle outlets shall not be installed in a face-up position in the work surfaces or countertops. [Link] Appendices. The following appendices are adopted: Appendix B, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use and Type B Vents Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D: Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix E: Manufactured Housing used as Dwellings (as amended see Section [Link]) Appendix G: Swimming Pools, Spas and Hot Tubs (as amended see Section [Link]) Appendix H: Patio Covers Appendix K: Sound Transmission (as amended see Section [Link]) [Link] Appendix E, Manufactured Housing used as Dwellings. Delete in its entirety and replace with the following:
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SECTION AE101 - SCOPE AE101.1 General. Factory-built buildings, manufactured homes and mobile homes shall comply with applicable laws of the State of Arizona and This Code. The provisions of this section for factory-built buildings, manufactured homes and mobile homes take precedence over other code provisions which are inconsistent therewith. The general provisions of This Code shall apply in all areas where there are not specific provisions in this section. AE101.1.1 Arizona law. The construction of factory-built buildings and manufactured homes is regulated by the State of Arizona, Arizona Revised Statutes ARS 41-2142 et seq, and is not included in This Code. AE101.1.2 Manufactured home installation. The installation of manufactured homes and mobile homes, including connection to utilities, is regulated by the State of Arizona and is not included in This Code, excep t that an On-Site Permit is required for compliance with Zoning Ordinance requirements and with building code requirements pertaining to location and setback from other buildings or structures on the property. A Town of Queen Creek building permit is required for all on-site construction (except foundations) including connection to or alteration of existing onsite sewer, water, gas or electrical systems, and for construction of all site improvements required by the Town Codes and Ordinances such as design review elements, signs, parking, drainage, landscaping, site amenities and disabled accessibility. Connection to a water or sewer tap requires a separate permit from the Town of Queen Creek. AE101.1.3 Factory-built building installation. The installation of factory-built buildings including their foundations and direct connection to sewer, water, gas or electric utilities, is regulated by the State of Arizona and is not included in This Code, except that an On-Site Permit is required for compliance with Zoning Ordinance requirements and with building code requirements pertaining to location and setback from other buildings or structures on the property. A Town of Queen Creek building permit is required for all on-site construction (except foundations) including connection to or alteration of existing on-site sewer, water, gas or electrical systems, and for construction of all site improvements required by the Town Codes and Ordinances such as design review elements, signs, parking, drainage, landscaping, site amenities and disabled accessibility. Connection to a water or sewer tap requires a separate permit from the Town of Queen Creek. AE101.1.4 Alterations and additions. Repairs, alterations and site-built additions to factory-built buildings, mobile homes and manufactured homes are regulated by This Code and by Town Codes and Ordinances and require Town of Queen Creek permits.
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AE101.1.5. Occupancy and Use. Occupancy and use of a factory built-building, manufactured home or mobile home is prohibited without first obtaining inspection approval and a Certificate of Occupancy from the Building Official, to verify compliance with the Zoning Ordinance and other applicable Town Codes and Ordinances.

SECTION AE102 - REPAIRS, ALTERATIONS, AND ADDITIONS AE102.1 General. No person shall repair, alter or add on to a factory-built building, manufactured home or a mobile home after the unit has been installed, without first having obtained a permit from the Building Official for the specific work to be performed. All such work shall comply with the requirements of This Code. Additions and alterations shall be structurally separated from the manufactured home. Exception: A structural separation need not be provided when structural plans, details and calculations are provided to justify the omission of such separation.

SECTION AE201 - DEFINITIONS AE201.1 General. For the purpose of this Section, the following definitions shall apply: FACTORY BUILT BUILDING is a residential or non-residential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off-site location to be assembled on-site, except it does not include a manufactured home, recreational vehicle or mobile home (ARS 41-2142). MANUFACTURED HOME is a structure built in accordance with the National Manufactured Home Construction and Safety Standards Act. MOBILE HOME is a structure built prior to June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities, except that it does not include recreational vehicles or factory-built buildings. ON-SITE PERMIT is the permit issued by the Building Official which authorizes the placement of a factory-built building, manufactured home or mobile home on a site. The on-site permit shall authorize only the placement, foundation or unit tie-down, and specific connections to utility services which are authorized by a permit issued by the State of Arizona Office of Manufactured Housing. All other work on the site shall require a building permit issued by the Building Official in accordance with the administration section of This Code. Connection to a water or sewer tap requires a separate permit from the Town of Queen Creek.
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SECTION AE301 - INSTALLATION AE301.1 Installation Requirements. No factory-built building, manufactured home or mobile home shall be moved onto or installed on any lot or site in the Town of Queen Creek except in compliance with these provisions. AE301.1.1 State insignia required. No person, firm or corporation shall move onto any site any factory-built building or manufactured home building unless such building bears a current, valid insignia of approval of the State of Arizona. AE301.1.2 State permit required. No person, firm or corporation shall move onto any site any factory-built building, manufactured home or mobile home unless and until a permit for such installation has been obtained from the State of Arizona. AE301.1.3 On-site permit required. No person firm or corporation shall move onto any site, or relocate on any site, any factory-built building, manufactured home or mobile home until an On-Site Permit has been issued by the Town of Queen Creek Building Official. A site plan shall be submitted to the Town which shows all utility connections and all other information necessary to ascertain compliance with the separation and area restrictions of other sections of This Code and with all provisions of other Town Codes and Ordinances. If the Building Official is satisfied that the work described by the documents submitted conform to this section and other applicable law, the On-Site Permit shall be issued to the owner of the site or authorized agent. AE301.1.4 Fire protection. All factory-built buildings must be protected pursuant to the Town of Queen Creeks adopted Fire Code, unless preempted by the State of Arizona.

SECTION AE304 - PERMITS AE304.1 Building permit required. The person, firm or corporation obtaining the OnSite Permit shall also apply for and obtain a building permit from the Building Official when one or more of the following conditions apply: 1. For all on-site construction which connects to or alters existing buildings or existing on-site sewer, water, gas or electrical systems. 2. For all on-site construction which is required by or regulated by Town Codes and Ordinances, such as for design review elements, signs, parking, drainage, landscaping, site amenities and disabled accessibility. 3. For all construction or alteration which is not part of the State-approved factorybuilt building, manufactured home, or mobile home including all interior fitup,
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tenant improvement or remodeling work which is not specifically included in such State permit. 4. When a Town of Queen Creek inspection is requested by the installer for work otherwise included in the State of Arizona installation permit, including but not limited to requests for utility clearance inspections. All work subject to a building permit under this section is subject to all inspections and all technical requirements of This Code and all other applicable Town Codes and Ordinances. For administrative purposes, the Building Official may combine the On-Site Permit and the Town building permit into a single document. [Link] Appendix G, Swimming Pools, Spas and Hot Tubs. SECTION AG101 - GENERAL AG101.1 General. The requirements of this appendix shall apply to the design and construction of swimming pools, spas, hot tubs and barriers installed in or on the lot of a one- or two-family dwelling. The purpose of these requirements is to provide an integrated level of protection against potential swimming pool drowning through the use of physical barriers and warning devices. It is not intended as a substitute for adult supervision of children. AG101.2 A person, on entering into an agreement to build a swimming pool or contained body of water shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of swimming pool ownership as approved by the States department of health services. AG101.3 All swimming pool plans are required to identify the location of the required swimming pool barrier, the height of the fencing, and all details necessary to show compliance with the requirements within this appendix. When plans are submitted for a swimming pool permit, they must show at a minimum, the following: 1. An accurate outline of the swimming pool, hot tub or spa, 2. Location of the swimming pool (including accessory rock formations, slides and waterfalls) with dimensions to each lot line, dwelling and any accessory structure and equipment location. 3. Location of any exterior openings (including doors, windows, pet doors, etc.) into the area of the swimming pool 4. Location and height of the swimming pool barrier and barrier gate(s) 5. Details of the construction of the barrier to include materials, size of all openings within the barrier, etc. 6. All necessary information required to show compliance with this Appendix. AG101.4 If there are public utility easements, access easements or other easements affecting the subject lot, the swimming pool, decking and pool equipment shall not violate, disturb or encroach into such easements unless approved in writing by the Town and the other affected parties (persons and entities) to such easements.
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AG101.5 The general design, materials, and appearance of the required Swimming Pool Barrier shall meet the requirements of the adopted Zoning Ordinance, however, in all cases shall meet the minimum safety requirements of this appendix. AG101.6 The swimming pool waters edge shall be set back from all lot lines a distance of not less than three (3) feet. AG101.7 Since the requirements of this appendix are not retroactive, swimming pools constructed prior to the effective date of this appendix, need only comply with the required swimming pool barrier requirements in effect at the time of permit issuance unless the swimming pool or swimming pool barrier is subsequently altered. All residential swimming pools or swimming pool barriers installed, altered, modified or expanded after the effective date of this appendix shall meet or exceed the requirements within this appendix.

SECTION AG102 - DEFINITIONS AG102.1 General. For the purposes of this appendix, the terms herein used shall be defined as follows: ABOVE-GROUND/ON-GROUND POOL. See Swimming pool. BARRIER. A permanent fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. As used within this appendix, permanent shall mean not being able to be removed, lifted or relocated without the use of tools. HOT TUB. See Swimming pool. IN-GROUND POOL. See Swimming pool. RESIDENTIAL. That which is situated on the premises of a detached one- or twofamily dwelling or a one-family townhouse not more than three stories in height. SPA, NONPORTABLE. See Swimming pool. SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product. SWIMMING POOL. Any structure intended for swimming or recreational bathing that is designed to contain water 18 inches or more in depth. This includes in -ground, aboveground and on-ground swimming pools, hot tubs and spas. SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of the enclosing structure.
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SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor swimming pool. SWIMMING POOL, PUBLIC OR SEMI-PUBLIC. Any swimming pool which is not accessory to Residential as defined herein. SECTION AG103 - SWIMMING POOLS AG103.1 In-ground pools. In-ground pools shall be designed and constructed in conformance with ANSI/NSPI-5 as listed in Section AG108. AG103.2 Above-ground and on-ground pools. Above-ground and on-ground pools shall be designed and constructed in conformance with ANSI/NSPI-4 as listed in Section AG108. AG103.3. Public or Semi-public swimming pools. Shall comply with State and County Requirements. SECTION AG104 - SPAS AND HOT TUBS AG104.1 Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-3 as listed in Section AG108. AG104.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6 as listed in Section AG108. SECTION AG105 - BARRIER REQUIREMENTS AG105.1 Application. The requirements of this appendix shall apply to the design and construction of required barriers for swimming pools, spas and hot tubs. These design regulations are intended to provide public health and safety by providing protection against drowning and near-drowning by restricting access to swimming pools, spas and hot tubs. There are no exemptions for households without children. AG105.1.1 All swimming pools, spas and hot tubs installed in or on the lot of a oneor two-family dwelling on or after the effective date of the ordinance adopting this appendix shall be enclosed by a permanent barrier, as set forth in this appendix. AG105.1.2 It is the responsibility of the property owner and any other person in responsible charge of a swimming pool to insure that the required swimming pool barrier, including all gates, doors, locks, latches and any other portions of the barrier, are maintained in a safe and good working order at all times. No person shall alter or remove any portion of a swimming pool barrier except to maintain, repair, reconstruct or replace the barrier in compliance with the provisions of this appendix.
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AG105.1.3 No swimming pool, spa or hot tub shall be filled in whole or in part with water unless the swimming pool barrier has been installed in accordance with this appendix and approved by the building official or authorized designee. AG105.1.4 Plastic mesh or any other fence (proposed barrier) defined by the manufacturer as a temporary or removable fence, even if indicated as a swimming pool barrier, are deemed unsuitable for the purposes of this Appendix regardless of any modifications proposed to make said fence compliant. AG105.2 Outdoor swimming pool. Any outdoor swimming pool, including an inground, above-ground or on-ground pool, hot tub or spa shall be completely surrounded by a barrier which shall comply with the following: 1. In the case where the rear yard of a detached one- or two-family dwelling or townhouses abuts the edge of a lake or body of water and where no public access is permitted or allowed along the shoreline, and where side yard fences extend to and beyond the water's edge a minimum of eighteen (18) inches, no rear yard barrier will be required between the shoreline or body of water and the swimming pool. 2. Where wood fences are permitted by the Town Code, wood fencing used as swimming pool required barriers, shall meet the requirements of this appendix. 3. Any fence/wall used for the required barrier shall not contain any openings or protrusions that might be used for foothold climbing purposes. 4. All fish ponds and other contained bodies of water, either above or below ground level, that are designed to contain water eighteen (18) inches or more in depth, shall conform to the location and barrier requirements for swimming pools. 5. Irrigation and storm water retention facilities and the water features in public parks and golf courses are exempt from the barrier requirements of this Appendix. 6. The top of the barrier shall be at least 60 inches above grade measured on the side of the required barrier which faces away from the swimming pool at the highest point of elevation within three (3) feet measured horizontally from the required barrier. The maximum vertical clearance between grade (soil) and the bottom of the required barrier shall be a maximum of 2 inches measured on the side of the required barrier which faces away from the swimming pool. The maximum vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall be a maximum of 4 inches measured on the side of the required barrier which faces away from the swimming pool. 7. The poolside of the required barrier shall not be less than (20) twenty inches from the water's edge.
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8. Openings in the required barrier shall not allow passage of a 4-inch-diameter sphere. 9. Solid barriers which do not have openings, such as but not limited to a masonry, stucco or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. Indentations of 1 deep x 1 high or protrusions of 1 inch or more shall be considered as exceeding the normal construction tolerances unless the bottom of the indention or top of the protrusion is beveled at a 45 degree angle from the face of the indention or protrusion back to the vertical face of the indention or protrusion. Where solid barriers have openings such as drainage blocks or similar items, the maximum opening width or height of the opening shall be of such a configuration as not to allow a 4 inch diameter sphere to pass through. Where openings exceed the 4 diameter, a minimum of 3 measured horizontally from an adjacent opening in the barrier is permitted. 10. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches in width. Where there are decorative cut outs within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width. 11. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width. 12. Where chain link fences are permitted by Town ordinance, the maximum mesh opening size for chain link fences shall be a 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches. 13. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 3/4 inches. 14. Every opening up to 4 in width in a required pool barrier shall be provided with a minimum five (5) foot high self-closing access gate, which is at least (5) feet high measure from the adjacent grade and all access gates shall open outwards away from the swimming pool and shall have a self-latching device or lock in good condition. 15. Pedestrian access gates shall comply with the requirements of AG105.2, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the swimming pool and shall be self-closing and have a
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self-latching device. Gates other than Pedestrian access gates shall have a selflatching device and shall be secured by a padlock or similar device which requires a key, electric opener or integral combination. 16. Where the release mechanism of the self-latching device is located less than 54 inches from grade, the release mechanism and openings shall comply with the following: a. The release mechanism shall be located on the pool side of the gate at least 5 inches below the top of the gate b. The gate and barrier shall have no opening greater than 0.5 inch within 24 inches of the release mechanism 17. Gates for openings of four (4) feet or greater leaf width must be secured with a self-latching device and be kept locked. Double gates or multiple gates shall have at least one leaf secured in place and the adjacent leaf shall be secured with the selflatching device. 18. Where a wall of a dwelling or accessory structures serves as part of the barrier one of the following conditions shall be met: a. From sleeping areas/rooms, emergency escape or rescue openings with access to the swimming pool or other contained body of water which meet the definition of a swimming pool shall be equipped with a latching device not less than fifty-four (54) inches above the floor. Emergency escape and rescue openings shall be operational from the inside as required by the building codes. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen, or a keyed lock that prevents opening the window more than four (4) inches, or latching device located not less than fifty-four (54) inches above the floor. All ground level doors or other doors and openings with direct access to the swimming pool or other contained body of water, meeting the definition of a swimming pool, shall be equipped with a self-latching device located not less than fifty-four (54) inches above the floor. Sliding doors shall not form part of a required barrier unless the self-closing and self-latching mechanism is specifically approved by the Building Official for this purpose. b. Other openings such as dog doors or similar openings shall meet the requirements of this appendix when the opening has access directly to the pool. c. The pool shall be protected by a motorized safety pool cover which requires the operation of a key switch which meets the American society of testing and materials emergency standards 13-89 and which does not require manual operation other than the use of the key switch. d. Other means of protection, such as self-closing doors with self-latching devices, which are approved by the Building Official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by items a, b, or c above.
1

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e. Above-ground pool structure barriers shall meet the requirements of this appendix. AG105.3 Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply with the pool barrier requirements of AG105.2. AG105.4 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. For the purposes of structures, equipment or similar objects, the nearest edge being a minimum of 3 or more horizontal distance away from the required barrier shall be considered adequate for the determination of not being used to climb the barrier. AG105.5 Barrier exceptions. Spas or hot tubs with a safety cover which complies with ASTM F 1346, shall be exempt from the provisions of this appendix.

SECTION AG106 ENTRAPMENT PROTECTION FOR SWIMMING POOL AND SPA SUCTION OUTLETS AG106.1 General. Suction outlets shall be designed to produce circulation throughout the pool or spa. Single outlet systems, such as automatic vacuum cleaner systems, or other such multiple suction outlets whether isolated by valves or other-wise shall be protected against user entrapment. AG106.2 Suction fittings. All Pool and Spa suction outlets shall be provided with a cover that conforms with ANSI/ASME A112.19.8M, or a 12 x 12 drain grate or larger, or an approved channel drain system. Exception: Surface skimmers AG106.3 Atmospheric vacuum relief system required. All pool and spa single or multiple outlet circulation systems shall be equipped with atmospheric vacuum relief should grate covers located therein become missing or broken. Such vacuum relief systems shall include at least one approved or engineered method of the type specified herein, as follows: 1. Safety vacuum release system conforming to ASME A112.19.17, or 2. An approved gravity drainage system AG106.4 Dual drain separation. Single or multiple pump circulation systems shall be provided with a minimum of two (2) suction outlets of the approved type. A minimum horizontal or vertical distance of three (3) feet shall separate such outlets. These suction outlets shall be piped so that water is drawn through them simultaneously through a vacuum relief-protected line to the pump or pumps.
1

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AG106.5 Pool cleaner fittings. Where provided, vacuum or pressure cleaner fitting(s) shall be located in an accessible position(s) at least (6) inches and not greater than twelve (12) inches below the minimum operational water level or as an attachment to the skimmer(s). SECTION AG107 ABBREVIATIONS AG 107.1 General. ANSI. American National Standards Institute 11 West 42nd Street, New York, NY 10036 ASTM. American Society for Testing and Materials 1916 Race Street, Philadelphia, PA 19103 NSPI. National Spa and Pool Institute 2111 Eisenhower Avenue, Alexandria, VA 22314

SECTION AG108 - STANDARDS AG108.1 General. ANSI/NSPI ANSI/NSPI-3-99 Standard for Permanently Installed Residential Spas ANSI/NSPI-4-99 Standard for Above-ground/On-ground Residential Swimming Pools ANSI/NSPI-5-99 Standard for Residential In-ground Swimming Pools ANSI/NSPI-6-99 Standard for Residential Portable Spas ANSI/ASME A112.19.8M-1987 Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs and Whirlpool Bathing Appliances ASTM ASTM F 1346-91 (1996) Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs ASME ASME A112.19.17 Manufacturers Safety Vacuum Release Systems (SVRS) for Residential and Commercial Swimming Pool, Spa, Hot Tub and Wading Pool

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[Link] Appendix K, Sound Transmission. Add the following new section: AK102.2 Sound Attenuation. All residences shall be constructed in accordance with the requirements as described in Article 4.15 of the Queen Creek Zoning Ordinance. 7.2.3 Amendments to the International Property Maintenance Code The following provision of the International Property Maintenance Code, 2006 Edition, fourth printing, published by the International Code Council, is hereby amended or modified as follows: [Link] Chapter 3, General Requirements. Sections 303.2 and 304.14 are amended to read as follows: [Link].1 Section 303.2 Enclosures. Replace with the following language: Enclosures shall comply with the requirements of the Queen Creek Zoning Ordinance, as adopted and amended from time to time. [Link].2 Section 304.14 Insect screens. This section is deleted in its entirety. [Link] Chapter 6, Mechanical and Electrical Requirements.

Sections 602.3 and 602.4 are amended to read as follows: [Link].1 Section 602.3 Heat supply. 1. 2. Insert the following dates: November 1 to April 1. Delete both Exceptions.

[Link].2 Section 602.4 Occupiable work spaces. Insert the following dates: November 1 to April 1. 7.2.4 Amendments to the International Existing Building Code

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The following provision of the International Existing Building Code, 2006 Edition, second printing, published by the International Code Council, is hereby amended or modified as follows: [Link] Chapter 1, Administration. Chapter 1, Administration, is hereby deleted except as follows: For administration of this Code, refer to Section 7.1 of the Town Code. 7.2.5 Amendments to the National Electrical Code The following provision of the National Electrical Code, 2005 Edition, as published by the National Fire Protection Association, is hereby amended or modified as follows: [Link] Article 90, Introduction. Article 90.1 is amended to read as follows: [Link].1 Article 90.1 Purpose. Add a new subsection (E) as follows: (E) Administration. For administration of this Code, refer to Section 7.1 of the Town Code. [Link] Chapter 2, Wiring and Protection. Articles 210.8(A)(7), 210.8(B), and 230.63 are amended to read as follows: [Link].1 Article 210.8(A)(7) Laundry, utility and wet bar sinks. Replace with the following language: Laundry, utility, wash basin, tub, shower and bar sink receptacles. All 125-volt, single-phase, 15- and 20-ampere receptacles that are located within 6 feet (1829 mm) of the edge of a laundry, utility, wash basin, tub, shower or wet bar sink shall have ground-fault circuit-interrupter protection for personnel. Receptacle outlets shall not be installed in a face-up position in the work surfaces or countertops. [Link].2 Article 210.8(B) Other than Dwelling Units. Replace the first paragraph with the following:

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All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified in (1) through (5) shall have ground-fault circuit-interrupter protection for personnel. Add the following new paragraph at the end of this Article: All 125-volt, single-phase, 15- and 20-ampere receptacles that are located within 6 feet (1829 mm) of the edge of a laundry, utility, wash basin, tub, shower or wet bar sink shall have ground-fault circuit-interrupter protection for personnel. Receptacle outlets shall not be installed in a face-up position in the work surfaces or countertops. [Link].3 Article 230.V Service Equipment - General Add new subarticle as follows: 230.63 Location. All service equipment rated at 1000 amperes or more and located inside a building shall be enclosed within a room or space separated from the rest of the building by not less than one-hour fire-resistive occupancy separation or fire barrier installed in compliance with the International Building Code. 7.2.6 Amendments to the International Mechanical Code The following provision of the International Mechanical Code, 2006 Edition, third printing, as published by the International Code Council, is hereby amended or modified as follows: [Link] Chapter 1, Administration. Chapter 1, Administration, is hereby deleted except as follows : For administration of this Code, refer to Section 7.1 of the Town Code. 7.2.7 Amendments to the International Energy Conservation Code The following provision of the International Energy Conservation Code, 2006 Edition, third printing, as published by the International Code Council, is hereby amended or modified as follows: [Link] Chapter 1, Administration. Chapter 1, Administration, is hereby deleted except as follows: For administration of this Code, refer to Section 7.1 of the Town Code. 7.2.8 Amendments to the Uniform Plumbing Code

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The following provision of the Uniform Plumbing Code, 2006 Edition, sixth printing, as published by the International Association of Plumbing and Mechanical Officials (IAMPO), is hereby amended or modified as follows: [Link] Chapter 1, Administration. Chapter 1, Administration, is hereby deleted except as follows: For administration of this Code, refer to Section 7.1 of the Town Code. [Link] Chapter 4, Plumbing Fixtures and Fixture Fittings. Sections 412.3 and Table 4-1 are amended to read as follows: [Link].1 Section 412.3 Separate Facilities. Replace with the following language: Separate toilet facilities shall be provided for each sex. Exceptions: 1. Residential installations. 2. In occupancies serving ten (10) or fewer people, one (1) toilet facility, designed for use by no more than one (1) person at a time, shall be permitted for use by both sexes. 3. In business and mercantile occupancies with a total floor area of twenty five hundred (2500) square feet or less, one (1) toilet facility, designed for use by no more than one (1) person at a time, shall satisfy the requirements for serving customers and employees of both sexes. [Link].2 Table 4-1 Plumbing Facilities. Amend footnote #9 to read as follows: Laundry trays, one (1) for each fifty (50) persons. Service sinks, one (1) for each hundred (100) persons. No service sinks are required for Business (B occupancy) or Mercantile (M occupancy). Add Footnote #19 to read as follows: Portable toilets and refuse containers for Special Events shall comply with Arizona Administrative Code, Department of Health Services, Title 9, Chapter 8, Article 3. Public Toilet Facilities, R9-8-306. [Link] Appendices.
1

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The following appendices are adopted: Appendix A, Recommended Rules for Sizing the Water Supply System Appendix B, Explanatory Notes on Combination Waste and Vent Systems Appendix D, Sizing Stormwater Drainage Systems Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks Appendix I, Installation Standards 7.2.9 Amendments to the International Wildland-Urban Interface Code The following provision of the International Wildland-Urban Interface Code, 2006 Edition, second printing, as published by the International Code Council, is hereby amended or modified as follows: [Link] Chapter 1, Administration. Chapter 1, Administration, is hereby deleted except as follows: For administration of this Code, refer to Section 7.1 of the Town Code. [Link] Appendices. The following appendices are adopted: Appendix A, General Requirements Appendix B, Vegetation Management Plan Appendix C, Fire Hazard Severity Form 7.2.10 Amendments to the International Fire Code

The International Fire Code, 2006 Edition, third printing, as published by the National Fire Prevention Association, is hereby adopted with no modifications. SECTION 7.1 - ADMINISTRATION SECTION 7.1.1 - TITLE, SCOPE AND PURPOSE [Link] Title. This section shall be known as the Queen Creek Building and Building Regulations Administrative Code of the Town of Queen Creek, hereinafter referred to as This Code. This Administrative section shall apply to all of the Technical Codes referenced in [Link], except as otherwise noted in this Section 7.1 and Section 7.2. If there are conflicts between sections, the more restrictive requirement will apply. [Link] Scope. The provisions of this Administration section shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes and other building regulations of the Town as to the prescribed extent of each such reference. The provisions of This Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location,
1

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maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings, structures or premises. The technical codes shall include all of the following codes. The codes and standards referenced in This Code shall be considered part of the requirements of the technical codes to the prescribed extent of each such reference. International Building Code, 2006 edition, third printing International Residential Code, 2006 edition, third printing Uniform Plumbing Code, 2006 edition, sixth printing International Mechanical Code, 2006 edition, third printing International Fire Code, 2006 edition, third printing International Property Maintenance Code, 2006 edition, fourth printing International Existing Building Code, 2006 edition, second printing International Energy Conservation Code, 2006 edition, third printing International Urban-Wildland Interface Code, 2006 edition, second printing National Electrical Code, 2005 edition [Link].1 Appendices. specifically adopted. Provisions in the appendices shall not apply unless

[Link] Intent. The purpose of This Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. The purpose of the code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of This Code. Although the Towns Building Official or other designated Town official is directed to obtain substantial compliance with the provisions of This Code, a guarantee that all buildings, structures or utilities have been constructed in accordance with all the provisions of the code or other ordinances of the Town of Queen Creek is neither intended nor implied.
ARTICLE 7-3 ADDITIONAL REQUIREMENTS UNDER MAG CODES 7-3-1 MAG Standard Specifications and Uniform Details for Public Works Construction 7-3-2 MAG Building Code Standards Notebook

Section 7-3-1 MAG Standard Specifications and Uniform Details for Public Works Construction

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Those certain specifications entitled MAG Standard Specifications and Uniform Details for Public Works Construction, sponsored and distributed by the Maricopa Association of Governments (MAG), are hereby adopted by the town and made part of this chapter the same as though said specifications were specifically set forth in full herein; and at least three copies of said specifications shall be filed in the office of the town clerk and kept available for public use and inspection.

Section 7-3-2 MAG Building Code Standards Notebook Those certain specifications entitled MAG Building Code Standards Notebook, sponsored and distributed by the Maricopa Association of Governments (MAG), and hereby adopted by the town and made part of this chapter the same as though said specifications were specifically set forth in full herein; and at least three copies of said specifications shall be filed in the office of the town clerk and kept available for public use and inspection. ARTICLE 7-4 BUILDING OFFICIAL1 The building official and administrative authority, as such may be referenced in any section of this chapter for all matters pertaining to any building, plumbing, electrical or any other inspections, shall be vested in the office of the Community Development Department or such other person the council may appoint. ARTICLE 7-5 UNDERGROUND UTILITY LINES2 7-5-1 7-5-2 7-5-3 7-5-4 7-5-5 Definitions Underground Utility Lines Exceptions Town Participation as Developer Waiver of Underground Installation Requirements

Section 7-5-1 Definitions In this article, unless the context otherwise requires: A. "Developer" means the individual, firm, corporation, partnership, association, syndication, trust or other legal entity (other than the serving utility) that is responsible for the development of land thereby creating a demand for service or causes alteration of existing services. B. "Distribution feeder" means that portion of the distribution system feeding from a distribution substation to a specific load area and having a capacity of over three KVA and less than 12.5 KVA. C. "Existing utility poles and wires" means such poles and wires and other related facilities that are in place and in operation as of October 6, 1995 and including repairs, replacements, additions, enlargements or betterments, changes, improvements hereinafter made to
1

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maintain or increase service capabilities of existing utility poles, wires, service drops and other facilities, but it does not include extensions made to existing distribution lines. D. "New utility poles and wires" means poles and structures, wires, cables, transformers and other related facilities used in or as a part of the distribution or transmission of electricity or in the transmission of telephone, telegraph, radio or television communications that are not in place as of October 6, 1995 and constituting new extensions made from existing poles and wires. E. "Transmission line" means an electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points, having a rating greater than twelve thousand five hundred volts.
1 2

Ordinance 476-10 Ordinance 69-95F. "Underground policy" means the then current policy governing payment of the cost of undergrounding distribution feeders and service facilities as established by the serving utility.

Section 7-5-2 Underground Utility Lines Except as exempted in Section 7-5-3, all existing and new utility and telephone lines, electric utility distribution feeders, cable television lines and all other communication and utility lines adjacent to or within new residential, commercial or industrial subdivisions or other areas to be developed within the town shall be installed underground at the time of development of the property as part of the required off-site and on-site improvements. The developer of the property shall be responsible for the costs of the underground construction in accordance with the underground policy of the serving utility. Section 7-5-3 Exceptions The following construction may occur without meeting the underground installation requirements: A. Transmission lines and betterment to existing utilities together with related switch yards, substations and related equipment. B. Repair or improvement of existing utility poles and wires by the serving utility, provided that activity is not initiated on request of or by a developer. C. Installation of new utility poles and wires or relocation of existing utility poles and wires not initiated by a developer. D. Pad-mounted transformers or pull boxes, service terminals, pedestal type telephone terminals, telephone splice closures or similar on-the-ground facilities attached to existing overhead facilities which are used for the purpose of connecting an underground system with the existing facilities.

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E. Temporary service facilities, such as facilities to furnish emergency service during an outage, facilities to provide service to construction sites, or other service of a limited duration, such as to a fair, carnival, outdoor exhibit or function where the facilities will be installed for a temporary period only. F. New service drops or improvement of existing service drops from existing overhead lines to single family residential customers, except when underground service is required by the town subdivision regulations. Section 7-5-4 Town Participation as Developer In the event of relocation, improvement or repair of existing utility poles and wires or installation of new utility poles and wires by the serving utility, the town may elect to act as a developer and participate in the cost of underground installation in accordance with the underground installation policy of the utility. Prior to commencing any relocation, improvement or installation work within the town, the serving utility shall notify the town engineer of the pending action. Within thirty days of receipt of notification, the town will determine its intent to act as developer and notify the utility of the decision. Section 7-5-5 Waiver of Underground Installation Requirements The council, upon petition by a developer, may waive or modify the requirements for underground installation of existing or new utility lines based on the findings that the strict enforcement of this article would constitute an undue hardship on the developer and the minimal benefits would accrue to the town. The council's decision shall include but not be limited to review and analysis of the following factors: A. The extent of existing overhead lines and poles in the immediate area of the project. B. The location and heights of such poles and wires and their relation to present or future roads. C. The crossing of such lines over much traveled highways or streets. D. The proximity of such lines to schools, churches, commercial areas or other places where people congregate. E. The aesthetic appearance of that portion of the town should the lines be installed overhead instead of underground. F. The impact on future development expected in the area. G. The practicality and feasibility of underground installation with due regard for the comparative costs between underground overhead installations; however, a mere showing that an underground installation is more costly than overhead shall not be the sole criteria for granting a waiver.

43.3

Rev. 1/97

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ARTICLE 7-6 PLANNING AND ENGINEERING REVIEW, CONSTRUCTION MONITORING, BUILDING SAFETY, FIRE PREVENSTION AND FEES1

7-6-1 7-6-2 7-6-3 7-6-4 7-6-5 7-6-6 7-6-7 7-6-8 7-6-9 7-6-10 7-6-11 7-6-12 7-6-13 7-6-14 7-6-15 7-6-16 7-6-17 7-6-18

General: Planning and Engineering Review and Construction Monitoring Fees Technical Study Review Fees Engineering Plan Review Fees Construction Monitoring Fees GIS/Mapping Fees Planning Administrative Fees Planning and Zoning Review Fees General: Building Safety and Permitting Fees Valuation Fee table Permit fees Building Safety Plan Review Fees Building Safety Inspection Fees Miscellaneous Building Safety And Permitting Fees General Fire Prevention Fees Fire Prevention Permit Fees Fire Prevention Plan Review Fees Miscellaneous Fire Prevention Fees

Section 7-6-1 General: Planning and Engineering Review and Construction Monitoring Fees Fees are charged for the following services provided by the Town of Queen Creek: A. Review of site plan, development plan, design review, plats, zoning and other documents submitted through the Towns Planning Processes; B. Review of technical studies, reports, drawings and documents for drainage, water, sewer, sewer pre-treatment, traffic, property surveys, environmental, geotechnical, and other reports related to permits issued by the Town; C. Review of construction drawings for grading, paving, utilities, drainage facilities, flood irrigation, landscaping, parks, trail systems, sidewalks, streetlight improvement districts, signing, striping, traffic signals and other work permitted by the Town; D. Construction monitoring of grading, paving, utility installation, drainage facilities, flood irrigation, landscaping, parks, trails systems, sidewalks, streetlights, signing, striping, traffic signals and other work permitted by the Town; E. Collection and preparation of data relating to as-built construction in a GIS Format; and F. Preparing new addresses and address changes for residential and
1

Ordinance 68-95 revised by Ordinance 215-02; Ordinance 294-04 and 424-08; 444-09;447-09& 463-09, 482-10

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commercial/retail properties. Section 7-6-2 Technical Study Review Fees A. Final Drainage Report 1. Master residential (>500 lots) 2. Individual parcel within master residential 3. Major residential (>10 lots) 4. Minor residential (1 to 10 lots) 5. Commercial subdivision 6. Individual commercial 7. Coordination with MCFCD/PCFCD

$1,200 + $1/ lot $500 $300 + $25/acre $500 $500 + $25/acre $500 $800

B. C. D. E.

Final Water Report Final Sewer Report Sewer Pre-Treatment Final Traffic Report 1. Master residential (>500 lots) 2. Major residential (requiring traffic report) 3. Commercial subdivision (>20 acres) 4. Individual commercial (<20 acres) 5. Surcharge for general plan regional commercial zone 6. Amendment to commercial or residential F. Geotechnical Report G. Final Environmental Report H. Fissure Report I. C.C.& R. Report J. ALTA Survey

$200 + $1 /lot $200 + $1 /lot $200 + $1 /lot $1,200 $850 $850 $500 $400 $250 $400 + $1/ lot $200 + $1/lot $400 + $1/lot $100 $150

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Section 7-6-3 ENGINEERING Plan Review Fees** A. Final Plat B. Final Plat Amendment C. Site Grading Plans D. Paving Plans with Ribbon Curb E. Paving Plans with Curb and Gutter F. Signing and Striping Plans G. Sewer Plans H. Drainage Channel/Storm Drain Plans I. Water Plans (1) J. Flood Irrigation Plans K. Landscape and Irrigation Plans L. S.L.I.D. assessment Diagrams & Documents M. Multi-Family Site improvement Plans N. Office and Condominium O. Commercial Site Improvement Plans P. Industrial Site Improvement Plans Q. Street Light Improvement Plans R. As-built plan reviews S. Engineers Cost Estimate T. Revisions of approved plans U. Map of Dedication V. Lot Split/Lot Tie/Lot Adjustment W. Easement Abandonment $1,200 + $20/lot 50% of original Final Plat Fee $275/sheet $275/sheet $275/sheet $275/sheet $275/sheet $275/sheet $275/sheet $275/sheet $275/sheet $1,000/sheet $500/sheet + $100/ acre $500/sheet + $100/acre $500/sheet + $100/acre $500/sheet + $100/acre $275/sheet $100/each $250/each $100/each $1,500 $350 $1,000 for a single family property;$1,500 for non-residential or subdivisions $1,000 for a single family property;$1,500 for non-residential or subdivisions $1,000 for a single family property;$1,500 for non-residential or subdivisions $1,000 for a single family property;$1,500 for non-residential or subdivisions $500 base fee, plus all outside engineering and legal fees incurred by the Town $500 $400/occurrence

X. Easement Dedication

Y. Right of Way Abandonment

Z. Right of Way Dedication

1. Application for modification or correction of Assessments 2. Assurance of Construction Documents 3. Modification to assurances of construction, including but not limited to reductions, substitutions and lot sale prohibitions 4. Special Studies (as required) 5. Certificate of Correction 6. Subdivision Recording(1)

Actual Consultant Cost, plus 15% $500/application Actual Expense to Town + $93 administrative fee

**all review fees are for first and second submittal. Third and subsequent submittals will be at 15% of original engineering plan review fee.

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Notes: (1) Separate subdivision recording fees are charged by Maricopa County Recorders Office. The Town of Queen Creek collects both fees. Section 7-6-4 Construction Monitoring Fees
Processing fee Permit Application Fee Permit extension (up to 180 days) Unit Unit Cost EA $80 EA $80 Sewer Line with Video Sewer Lines Sewer Services (Right of Way) Taps LF LF LF EA $1.25 $0.75 $0.50 $50.00

Permit refund (prior to commencing work) 80% of fee maximum (no later than 30 days after permit expiration, and upon written request by the Applicant Paving Adj. Str. to Fin. Gr. Asphalt Paving - Streets Barricades Guard Rail Overlay - Streets Overlay with Milling Paving - On Site Q.C. Survey Monuments Town street Signs & Bases Concrete ADA Ramps Aprons Curb & Gutter Decorative Pavers Driveways - Commercial Driveways - Residential Pipe Encasement Scuppers Sidewalk Valley Gutter Water Backflow Device Fire Hydrants Water Lines (Backfill) Services (In Right of Way) Sewer Clean Outs Interceptor Manholes Unit EA SY EA LF SY SY SY EA EA Unit EA EA LF SF EA EA EA EA SF LF Unit EA EA LF LF Unit EA EA EA Unit Cost $10.00 $0.35 $30.00 $0.50 $0.15 $0.20 $0.10 $10.00 $5.00 Unit Cost $25.00 $12.00 $0.20 $0.45 $100.00 $25.00 $50.00 $20.00 $0.08 $0.30 Unit Cost $50.00 $15.00 $1.00 $0.25 Unit Cost $35.00 $250.00 $50.00

Site Grading/Drainage Catch Basins Commercial (1 acre min.) Cutoff Walls Drywells Headwalls Manholes Residential (Non-Subdivision) Residential (Subdivision) Retention Basins Slope Protection Storm Drains Street Lights St. Lights (includes SRP set-up) Traffic Signals Trafic Inter-tie Conduit Traffic Signals Miscellaneous Irrigation Lines Utility Trench Crossings Utility Trenches Landscaping & Irrigation Mail box Overtime Inspection Weekdays (1 hr. min) Weekends (4 hr. min) Holidays (4 hr. Min)

Unit EA ACRE LF EA EA EA ACRE LOT ACRE SY LF Unit EA Unit LF EA Unit LF EA LF SF EA Unit HR HR HR

Unit Cost $40.00 $250.00 $0.20 $70.00 $40.00 $50.00 $100.00 $10.00 $250.00 $0.35 $0.95 Unit Cost $230.00 Unit Cost $0.20 $50.00 Unit Cost $0.50 $10.00 $0.20 $0.01 $20.00 Unit Cost $90 $90.00 $120.00

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Section 7-6-5 GIS/Mapping Fees GIS/Mapping fees are currently built into the Construction Monitoring Fees. Section 7-6-6 PLANNING Administrative Fees A. Address Assignment during subdivision process B. Address Assignment at time of building permit (1) C. Address Assigned to vacant property prior to subdivision or permit D. Address changed during subdivision process E. Street Number Change F. Street Name Change G. Board of Adjustment H. Appeal/Zoning Administrator I. Continuance at applicants request (otherwise explicitly provided in this section J. Time Extension at applicants request K. Zoning Confirmation letter L. Zoning Interpretation letter M. Mailing labels if not provided N. Public Hearing Sign Provision & Posting O. Group Care Home P. Work begun without Town authorization Notes: (1) There is no fee for address assignments to utility meters or other addresses not assigned to buildings. Section 7-6-7 Planning and Zoning Review Fees $5/address $10/address $25/address $5/address $50/address $500/street $300 $300 $250 $250 $250 $250 $2/label $300/sign $250 Double current rates

All application fees are non-refundable. A. Pre-Application B. Annexation > 20 acres < 20 acres C. Temporary Use D. Conditional Use Residential Commercial E. Design Review F. Design Review/Modification G. Preliminary Plat H. General Plan/Area Specific Amendment $350/meeting $1,600 $1,200 $250 $250 + $30/acre + $50 fire review $1,000 + $30/acre + $50 fire review $1,500 $500 $1,600 + $40/lot

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Minor Major I. Continuance of General Plan / Area Specific Plan Amendment Applications (as requested by the applicant) J. Sign Permit Application K. Comprehensive Sign Package L. Site Plan Residential Non-Residential M. Site Plan Amendment (1) N. Subdivision O. Text Amendment: Zoning Ordinance P. Text Amendment: Sub. Ordinance Q. Text Amendment: General Plan R. Rezoning <20 acres >20 acres S. Planned Area Development (PAD) <20 acres >20 acres T. PAD Amendments U. Variance Residential Minor (2) Residential Standard (3) Commercial $2,000 + $20/acre $5,500 + $20/acre 50% of Original General Plan Amendment / Area Specific Amendment Application Fee

$125 per individual sign $750 $1,300 + $50/acre $2,000 + $50/acre 50% of original fee $1,000 + $20/lot $2,000 $2,000 $2,000 $1,600 + $50/acre $2,000 + $50/acre $1,600 + $50/ acre $2,000 + $50/acre 50% of original fee $100 $500 $1,000

Notes: (1-3) (1) Amendments that are determined by the Zoning Administrator to constitute a substantial change in the Council adopted plan, shall be required to remit the entire original filing fee. (2) Minor Variance=A determination made by the Zoning Administrator consisting of an addition to any structure that is less than 20% of the aggregate sites building area or two (2) feet or less encroachments. Examples include small room additions, patio covers. (3) Standard Variance=A determination made by the Zoning Administrator consisting of any addition to any structure that is greater than 20% of the aggregate sites building area and encroachments greater than two (2) feet.

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SECTION 7-6-8 GENERAL: BUILDING SAFETY AND PERMITTING FEES A. The purpose of the permit fees are to ensure that the costs for providing enforcement and administration services are borne entirely by the construction activity prompting the need for such services. B. The fee for each permit and other services provided by the Building Safety Division shall be as set forth in Article 7-6. C. The effective date for revisions to the schedule of fees and charges shall be as stated in the ordinance adopted by the Town Council.

SECTION 7-6-9 VALUATION The valuation data table referred to herein shall be used to calculate the construction valuation used in computing building permit and plan review fees. For the purposes of determining valuation the most current valuation table as published in February 2008 issue of the Building Safety Journal published by The International Code Council shall be used. The valuation table will be kept on file with the Town Clerks office, or may also be obtained directly from the International Code Council at 500 New Jersey Avenue, Nw, 6th Floor, Washington, D.C. 20001-2070, the construction valuation shall include the total value of the proposed work, including structural, electrical, plumbing, mechanical, interior finish and normal site preparation. The data does not include the cost of the land. Actual construction costs may exceed or be less than the building valuation designated herein. The building valuation is the average cost based on published data. The valuation data table does not apply to alterations or repairs to existing buildings. Alterations and repairs shall be determined by actual construction costs. For reference purposes the Building Official may use published data such as Rs Means Building Construction Cost Data when the construction costs submitted is in question. Any valuation not specifically provided for shall be determined by the Building Official and shall be classified in the use and construction type it most nearly resembles. The Building Official shall update the valuation data table on March 1 of each year with the most current valuation data table published in February of each year in the Building Safety Journal Published by The International Code Council. The valuation table currently in effect will be kept on file with the Town Clerks office, or may also be obtained directly from the International Code Council At 500 New Jersey Avenue, Nw, 6th Floor, Washington, D.C. 20001-2070, SECTION 7-6-10 FEE TABLE TOTAL VALUATION $1.00 TO $500 $501 TO $2,000 fee $24.00 $24.00 for the first $500; plus $3 for each additional $100, or fraction thereof, to and including $2,000.

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$2,001 TO $40,000 $69.00 for the first $2,000.00 plus $11.00 for each additional $1,000, or fraction thereof, to and including $40,000. $487.00 for the first $40,000 plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $100,000. $1,027 for the first $100,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $500,000. $3,827 for the first $500,000 plus $5 for each additional $1,000.00, or fraction thereof, to and including $1,000,000 $6,327 for the first $1,000,000 plus $3 for each additional $1,000.00, or fraction thereof, to and including $5,000,000 $18,327 for the first $5,000,000.00 plus $1.00 for each additional $1,000, or fraction thereof

$40,001 TO $100,000

$100,001 TO $500,000

$500,001 TO $ 1,000,000

$1,000,001 TO $5,000,000

$5,000,001 AND OVER

BUILDING AREA: For fee calculation purposes, the building area in square feet shall be the total area of all floors under roof and enclosed within the outer surfaces of the exterior surrounding walls or columns. Building area includes roofed patios, roofed porches, bay windows, basements, mezzanines, penthouses and other mechanical spaces. Building area does not include roof eaves not exceeding 3 feet in horizontal projection, overhangs not exceeding 3 feet in horizontal projection, courts open at the top, vent shafts open at the top, unroofed patios and unroofed porches.

SECTION 7-6-11 PERMIT FEES (Shall be based on the valuation table or the applicants valuation whichever is greater). 1. Building permit combination (not including fire systems) 2. 3. 4. 5. Building permit (stand alone permit) Plumbing permit (stand alone permit) Electrical permit (stand alone permit) Mechanical permit (stand alone permit) per fee table 60% of fee table 25% of fee table 10% of fee table 5% of fee table

A stand alone permit shall also include a $20 administrative fee for each permit.

6. Demolition permit: residential accessory structure one- or two family dwelling structures other than above (per structure) 7. Fence/wall permit a) single family open style fence (such as but not limited to rail or wire) b) single family solid style fence: (any fencing that can divert water flow) $100 $100 $200

$98 $198

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c) subdivision perimeter fence/walls d) other than single family

40% of fee table per fee table

8. Swimming pool permit a) in-ground pools and spas (includes stand-alone permits. does not include fences/wall - barrier)

$225

b) above-ground pools and spas (includes stand-alone permits. does not include fences/wall - barrier) $150 9. Temporary construction/sales trailer* $200 *(INSTALLATION ONLY SEPARATE PERMITS REQUIRED FOR ELECTRICAL, WATER, AND SEWER.) 10. 11. 12. 13. Manufactured home permit (permit & 2 inspections) Temporary electric power permit Sewer connection permit Building relocation permit (electric, mech., plumbing permit is not included $280 $95 $95 $100 each $50

14. Permit extension (up to 180 days) 15. Renew expired permit (after permit extension expires): A new permit fee shall be paid based on the current fee schedule

16. Noise permit $150 17. Foundation-only permit 20% of applicable permit fee Foundation only permit premiums shall not be credited toward the building permit or any other fee. 18. Utility clearance permit * (2 inspections maximum) $150 *for inspection required by utility provider when a construction permit is not applicable. 19. Re-roofing (2 inspections) $150

20. Permits for existing one- and two family dwellings (except swimming pools), including but not limited to, interior alterations, detached garages, carports, storage sheds requiring permits, patio covers and gazebos or similar structures. per fee table based on valuation 21. Pool barrier enclosures per fee table based on valuation

22. Temporary structures (180 days maximum) 23. Occupancy verification (no construction required)

per fee table based on valuation $75.00/hr (two hour minimum which includes the inspection)

24. Annual Facilities Permit

Primary site:

$500/calendar year

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Each additional site:

$250/calendar year

Plan review and inspections: $70/hour, minimum 1 hour

*25. Single Family Residential Grid-Tied Photovoltaic System $375 (includes one plan review and two inspections) *26. Single Family Residential Solar Hot Water Heating System $150 (includes one plan review and one inspection) *Ordinance 478-10 SECTION 7-6-12 BUILDING SAFETY PLAN REVIEW FEES 1. Single family a) new, additions, remodels b) standard plan (use of approved plan on file.) 65% of applicable permit fee $50

2. Other than single family (new, additions, remodels) 65% of applicable permit fee a) additional and subsequent identical building located on the same lot or development and submitted at the same time. $50 3. Combination permit (includes bldg, plumb, elect, mech) 65% of applicable permit fee

4. 5. 6. 7.

Plumbing (stand alone) Electrical (stand alone) Mechanical (stand alone) Swimming pool a) in-ground pool & spas b) above ground pools & spas 8. Addendum / revisions 9. Demolition $ 40 10. Deferred submittals 11. Fence/wall 12. Miscellaneous plan review 13. Third and subsequent plan reviews 14. Code update/existing standard plan review SECTION 7-6-13 BUILDING SAFETY INSPECTION FEES 1. 2. 3. 4. Re-inspection fee Unauthorized construction: Timed inspections Inspections outside normal business hours

65% of applicable permit fee 65% of applicable permit fee 65% of applicable permit fee $40 $40 $180 non-refundable $180 non-refundable $75 $40/ sheet 15% of applicable permit fee (due at submittal) $325/plan

$75 (plus 24 hour delay) equal to the applicable permit fee $75/hr (two hour minimum) $75/hr (two hour minimum)

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5. Inspections for which no fee is specified 6. Preliminary inspection

$75/hr (one hour minimum) $75/hr (one hour minimum)

SECTION 7-6-14 MISCELLANEOUS BUILDING SAFETY AND PERMITTING FEES 1. Certificate of occupancy issued at conclusion of all code required construction no additional charge (included with permit fee) 2. Written response to requests for building code alternate methods, materials and equipment, or policy issues. Non-refundable, paid at application time. 3. Appeals, modifications and formal interpretation of code for single family project

$250 $180

4. Appeals, modifications and formal interpretation of code for non-single family project 5. Extended construction work hours permit 6. Special studies (as required) 7. Subscription service

$360 $250

actual consultant cost $12/report

8. Illegible or oversized plans (exceeding 24x36 where allowed). Building permit drawings submitted on larger than 24" x 36" sheets shall be subject to a premium fee, over and above the plan review fee, of $75 per sheet, as applicable. 9. Replacement of lost plans $90 per plan or actual cost, whichever is greater

10. Replacement of inspection record card 11. Replacement certificate of occupancy 12. Residential certificate of occupancy 13. Replacement of permit 14. Building code board of appeals (non-refundable) 15. Temporary certificate of occupancy a) initial issuance b) subsequent extensions (non refundable)

$20 $20 $40 $20 $250 no charge $250/extension

16. Refund: permit fees prior to commencing work 80% of fee maximum (no later than 30 days after permit expiration, and upon written request by the applicant) 17. Refund: plan review fees, prior to review 80% of fee maximum (upon written request by the applicant)

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SECTION 7-6-15: GENERAL FIRE PREVENTION FEES: FIRE PREVENTION PERMITTING, FIRE PREVENTION PLAN REVIEW, FIRE PREVENTION INSPECTION FEES1
A. General (Fire Prevention Fees): The Towns fees for plan reviews, construction permits, operating permits, occupancy inspections annual assessments, fire watch personnel, appeals and other Fire Prevention fees shall be in accordance with this ordinance and the fee schedule herein. The Fire Prevention fee schedule has been determined by the average time to complete the type of service being rendered at an hourly rate of $100 per hour (excluding Emergency Medical Equipment, Standby Personnel, and Consultant fees). Additional time to complete the services outlined herein, otherwise explicitly provided in this ordinance, will be assessed at the hourly rate. B. Permits: The Town issues Fire Prevention permits for Operational, Occupancy and Construction inspections. Other inspection services are available through prior arrangement with the Towns Fire Prevention Bureau along with payment of the appropriate fee(s). These additional inspection services provided by the Town include overtime inspections, reinspections, optional (non-required) inspections and requests for time-specific inspections. Fees for additional inspection services include one inspection and one re-inspection. Additional inspections will require a re-inspection fee. C. Operational Permits and Occupancy Inspections: The Operational Permits and Occupancy Inspections are both designed to allow for fire prevention inspections by the Fire Marshal, or designee, for activities that present potential fire and safety hazards to the citizens of Queen Creek and the community. Operations and occupancies subject to these permits and inspections require the Fire Inspector to take special precautions when implementing fire prevention measures. The Towns Fire Code (International Fire Code, 2006 edition, third printing, as amended in Section 7.2.10 of the Town Code), outlines specific operations that the Town is authorized to issue an operational permit on. Additionally, the Towns Fire Code requires all non-residential occupancies (businesses) to be inspected to determine adequate compliance with the Fire Code. The frequency of these inspections is outlined hereafter. Operational Permits and Occupancy Inspections fees are organized into two categories: Category 1 - High, Medium, and Low Risk Inspections for Ongoing Operations/Occupancies (as defined in the Fire Code and in concurrence with this Ordinance); Category 2 - Onetime Events /Temporary Operations/Special Hazards. In Category 1, designation as Low, Medium, or High Risk will determine the permit/inspection fee and the frequency of inspection. Designation as Low Risk shall result in a fire prevention inspection for the business once every 3 years and a permit fee of $35, paid triennially. Designation as Medium Risk shall result in a fire prevention inspection for the business once every 2 years and a permit fee of $75, paid biennially. Designation as High Risk shall result in a fire prevention inspection for the business each year and an annual permit fee of $100, plus an additional $75 annually for occupancies greater than 12,000 square feet. In Category 2, inspections and fees are per occurrence and as outlined in this Ordinance. Operational Permits and Occupancy Inspections fees include one inspection and one reinspection. Additional inspections will require a re-inspection fee. D. Construction Permits: The following inspections are included in the Construction

BUILDINGS AND BUILDING REGULATIONS

Permit fee: one rough-in, one follow-up and one final inspection. Additional construction inspections will require a re-inspection fee. E. Construction Permit Expirations: Permits shall become invalid unless the work authorized by such permit is commenced and required inspections are requested by the permitee within 180 days after its issuance, or if more that 180 days elapses between required inspections. The Fire Code Official shall be authorized to grant a one-time extension, per permit, for a period not to exceed 180 days. Permits shall not be extended more than once and all requests for extensions shall be in writing. In order to renew action on a permit after expiration, new permit fees shall be paid based on the current fee schedule adopted by the Town. F. Re-inspection: A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. If the items that were identified during the first re-inspection of a particular phase are not corrected at the time of the re-inspection, no further fire inspections will be scheduled until the re-inspection fee is paid. Re-inspection fees may also be assessed when a permit is not posted or otherwise available on the work site, the approved plans are not readily available on-site for the Fire Inspector, for failure to provide access on the date for which inspection is requested, failure to have a competent party on-site or deviating from approved plans requiring the approval of the Fire Inspector or designee. Re-inspections fees will comply with the adopted fee schedule. G. General Inspections: Otherwise explicitly provided in this ordinance, Inspection fees include one inspection and one re-inspection. Additional inspections will require a re-inspection fee. H. Plan Review Fees: Plan review fees offset the Towns costs for the review of plans to determine compliance with applicable codes and ordinances. Fire Prevention plan review fees shall be in accordance with this ordinance and include one initial plan review and one subsequent (second) plan review. Any submittals that require third or subsequent reviews shall be charged an additional plan review fee in accordance with the fee schedule. I. Unauthorized Construction: When the Fire Inspector, or designee, determines that construction or grading work have commenced and the applicable fees were not paid, a penalty equal to the cost of the required construction permit fees shall be assessed for the work. This fee is due and payable even if a permit is not issued. This fee is non-refundable. J. Technical/Scientific Report Review Fee: A technical or scientific report is a document that describes the process, progress, and or results of technical or scientific research or the state of a technical or scientific research problem. It might also include recommendations and conclusion of the research. A Technical/Scientific Report may be required to demonstrate/validate the effectiveness of new or non standard processes. The review fee for a Technical/Scientific Report shall be $100 per hour, with a two hour minimum. Additional review time shall be assessed at $100 per hour. K. Appeals Board: An Appeal of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code shall be submitted to the Board of Appeals in accordance with Section 108 of the currently adopted International Fire Code. Appeal fees shall comply with the currently adopted fee schedule. L. Fire Watch Fees: When Fire Department personnel are required by the Fire Code to stand fire watch, the individual required to provide such service shall pay a minimum fee of $100

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per person, 3 hours minimum. If the time period exceeds 3 hours, an additional fee of $100 shall be paid for each hour, or portion thereof, for each person assigned. M. Emergency Medical Equipment and Standby Personnel Fees: Emergency Medical Equipment and Standby Personnel fees help recover the cost of having firefighters, paramedics, and equipment on standby at a large/special event in case of an emergency. These events may include, but not limited to, concerts, carnivals, large outdoor assembly events and trade shows. These fees are also applicable when Town of Queen Creek firefighters, paramedics, and equipment are used to provide service outside the Towns incorporated boundaries and concurrently outside the Automatic Aid System. N. Payment of Fees: A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. A fee for each permit shall be paid as required, in accordance with the currently adopted fee schedule as established by the Town. Permit fees shall be paid at the time of issuance of a permit. The estimated plan review fees shall be collected at the time of plan acceptance for initial review and any subsequent review. Plan review fees not captured in the plan review fee estimate (resulting from additional system elements, system components and time to perform the required plan review as outlined in this ordinance), are due at the time of plan acceptance for any subsequent review. If the plan review has been completed, any unpaid plan review fees are due at the time of issuance of a corresponding permit. If the permit has not been issued and expiration of the plan review time period has passed, as noted in Section [Link].2 of the Queen Creek Town Code, the plan review fees shall become due and payable. Fees for services other than plan reviews and permits, such as Fire Watch, Emergency Medical Equipment and Standby Personnel, shall be billed to the person for which such service was rendered and due upon receipt or as approved by the Town; Except fees for appeals, after-hour inspections, applicable re-inspections, outside consultant fees, and hazardous material abatement which shall be paid prior to services being rendered or as approved by the Town.
1

Ordinance 482-10

SECTION 7-6-16: FIRE PREVENTION PERMIT FEES1

OPERATIONAL PERMITS AND OCCUPANCY INSPECTIONS CATEGORY 1: High, Medium, and Low Risk Inspections for Ongoing Operations 1. High Risk - Annual Operating Permit / Occupancy Inspection $100.00 annually; an additional $75 annually If > than 12,000 square feet

High Risk Inspections Include the Following Occupancies: a) I institutional b) H hazardous (Hazmat assessment fee may also apply) c) R4 residential d) A assembly > 100 occupant load e) M mercantile>50,000 square feet f) B business> 50,000 square feet g) Multi-floor > 3 stories h) E educational

BUILDINGS AND BUILDING REGULATIONS

i) j) F factory w/special processes or hazards Occupancy w/ exhaust hood 50 occupant load $75.00

2. Medium Risk - Biennial Operating Permit / Occupancy Inspection: Medium Risk Inspections Include the Following Occupancies: a) A assembly 100 occupant load b) F factory w/o special processes c) S storage (s1) d) R1/R2 residential e) M mercantile 12,000-50,000 square feet f) B business 12,000 50,000 square feet g) Occupancy w/exhaust hood < 50 occupant load 3. Low Risk Triennial Fire Prevention Occupancy Inspection: Low Risk Inspections Include the Following Occupancies: a) s storage (S2) b) b business < 12,000 square feet c) m mercantile < 12,000 square feet d) u unclassified

$35.00

CATEGORY 2: One Time Events / Temporary Operations / Special Hazards

1. Carnivals and fairs $200

2. Carnivals & fairs: special scaffolding Type structures 3. Explosive & blasting agents, blasting operations, fireworks blasting operations renewal: a) Storage, permanent or temporary b) Conduct blasting operations each site 1 30 days

$200

$100 $200 + $100 for each additional 30 days or fraction thereof $200 $75

c) Supervised Public Display of Fireworks (pyrotechnics): new location d) Supervised Public Display of Fireworks (pyrotechnics): per day 4. Places of assembly a) 1-5000 sq ft trade show b) Greater than 5000 sq ft trade show 5. Temporary membrane structures, tents & canopies: a) 200 to 700 square feet b) Greater than 700 square feet c) Each additional tent, canopy or temporary membrane structure at same event

$150 $300

$200 $300 $100

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d) To erect an air-supported temporary membrane structure Note: Tent permit submittals shall be submitted 10 days in advance of the event. A fee of $25 per day progressive penalty shall be assessed for permit applications not submitted 10 business days prior to the event. 6. All other special events, one-time events, temporary operations or special hazards requiring an Operational Permit by the Queen Creek Fire Code 7. Hazardous Materials: To store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20 of the Queen Creek Fire Code 8. Liquefied petroleum gasses LPG: a) Store, handle, use b) Greater than 125 gal. c) With fire protection equipment $200

$100

$200

$100 $175 $300

CONSTRUCTION PERMITS
1. Access: a) Access Gate (Automatic) b) Access Gate (Manual) c) Access Roadways d) Alternative Surface Access Roads e) Address Directories 2. 3. 4. 5. Amusement Building (Special) Battery Systems Combustible Dust Producing Operations Compressed Gas Systems: a) compressed gas system (in excess of exempt quantities): Install, repair, abandon, remove, place out of service, close or substantially modify b) Installation this fee includes all systems and tanks installed at one site provided plans are submitted and inspections are conducted concurrently c) Modification $150 $ 50 $100 $100 $ 50 $100 $200 $100

$400 $400 $150

6. Cryogenic Fluid Systems: Installation (fee includes all systems and tanks Installed at one site provided inspections are conducted concurrently 7. Cryogenic Fluid Systems: modification 8. Fire Fighter Breathing Air Systems: Installation 9. Fire Fighter Breathing Air Systems: modification

$300 $150 $250 $100

10. Fire Sprinkler Systems: a) The base permit fee to install an automatic sprinkler system is $250. This fee is for the inspection (one rough-in, one follow-up and one final inspection) of one building, no greater than 50,000 sq. ft with 1-2 calculations. The maximum inspection time covered by this base permit is two and one-half hours. Additional inspection time will be calculated at the rate of $100/hour. Base Permit Fee $250

BUILDINGS AND BUILDING REGULATIONS

Installations requiring additional system elements shall be assessed the base permit fee plus the additional permit fees indicated below (b-s): b) Additional calculations (design areas) 12,001 sq. ft 50,000 sq. ft. c) Each additional 50,000 sq. ft. or fraction thereof d) Each additional building using the same fire protection design plan e) Each additional story above or below grade f) Each PRV (pressure relief valve) g) Installation of each water-based special extinguishing system Note: This does not include any associated detection or fire alarm equipment h) Each pre-action system i) Each deluge system j) Each aqueous film forming foam-water based system k) Each in-rack sprinkler system l) Each UL or FM fire pumps, jockey pumps, and controller m) Each static water tank n) Each high challenge commodity (exception: Group A Plastics) 0) Each standpipes per stair p) Standpipe System 1-4 outlets not part of a sprinkler system q) Each additional floor level outlet r) UL or FM fire pumps, jockey pumps, and controllers not part of a sprinkler system s) Inspection of Halon, Dry Chemical, Carbon Monoxide Extinguishing Systems, FM 200 or other Special Extinguishing Systems 11. Fire Sprinkler Systems Modification: a) 1-200 heads b) Each additional 1-200 heads, or fraction thereof c) Each story above or below $100 $100 $200 $100 $ 50 $100

$150 $150 $200 $100 $500 $200 $200 $150 $200 $ 50 $500 $250

$200 $200 $100

12. Fire Alarm Systems: a) The base permit fee to install a fire alarm system (including initiating/notification devices and fire alarm panel replacement) is $250. This fee is for the inspection (one rough-in, one follow-up and one final inspection) of one building, no greater than 50,000 sq. ft. The maximum inspection time covered by this base permit is two and one-half hours. Additional inspection time will be calculated at the rate of $100/hour. Base Permit Fee: $250 Installations requiring additional system elements shall be assessed the base permit fee plus the additional permit fees indicated below (b-k): b) Each additional building using the same fire protection design plan c) Each additional 50,000 sq. ft. or fraction thereof d) Each additional story above or below grade e) First 1-10 flame detection devices f) Each additional 1-10 flame detection devices g) First 1-10 beam detection devices h) Each additional 1-10 beam detection devices $200 $200 $100 $100 $100 $100 $100

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i) First 1-10 emergency voice/alarm communication devices (fire phone, speakers) $100 j) Each additional 1-10 emergency voice/alarm communication devices $100 k) For area detection throughout based on sq. ft. base rate plus additional 50% 50% alarm fee 13. Fire Alarm Systems Modification: a) Modify fire alarm system (1-5 devices) $100 b) Each additional 1-25 devices $100 14. Flammable or Combustible Liquids: a) Install a single underground tank b) Install a single aboveground tank c) Each additional tank d) Tanks with fire protection 15. Flammable Finishes/Spraying or Dipping: Installation 16. Flammable Finishes/Spraying or Dipping: Modification 17. Hazardous Materials: a) Hazardous Materials containers and tank installation (single) b) Removal (single) c) Abandon, place out of service (close or modify) 18. Industrial Ovens 19. Automatic Hood Systems, Commercial 20. Liquefied Petroleum Gases (LP-Gas) 21. Private Fire Hydrants 22. Refrigerator Systems, Anhydrous Ammonia 23. Removal (of systems) permit 24. Remove Class I or Class II liquids from underground or aboveground tank or Slurry fill an underground tank or abandon an underground, aboveground tank or clean inside a tank 25. Smoke and heat vents 26. Smoke removal systems 27. Temporary Membrane Structures and Tents: Temporary membrane structures and tents over 700 square feet (a detailed site and floor plan for tents, canopies or membrane structures with an occupant load of 50 or more shall be provided with each application for approval. The tent, canopy or membrane structure floor plan shall indicate details of the means of egress facilities, seating capacity, arrangement of the seating and location of illuminated exit signs; no smoking signs, emergency lighting, type of heating, and electrical equipment)

$300 $300 $150 additional $200 $300 $100 $200 $200 $100 $100 $100 $200 $100 $200 $100

$200 $100 $100

$100

28. Underground fire lines $100 29. Underground fire lines: Each fire protection system lead-in or stub-out $100 30. Underground fire lines: modification $100 31. Permit reinstate after expiration 100% of current fee for permit 32. Unauthorized construction, investigation fee 33. All other permits required by this code
1

$200 $100

Ordinance 482-10

BUILDINGS AND BUILDING REGULATIONS

SECTION 7-6-17: FIRE PREVENTION PLAN REVIEW FEES1
1. Access: a) Install or modify automatic fire apparatus access Gates and their appurtenances. This also includes Gates for auxiliary access openings b) Install or modify manual gate c) To install striping and signage of fire lanes d) Premise identification review; fire lane marking, identification of fire protection equipment, key boxes, stairwell identification, and pedestrian gates. e) To review the installation or modifications of address directories 2. Civil Plan Review Fees a) The plan review minimum fee is to review plans for installation, alteration or modification of underground fire lines which serve fire protection systems, hydrants, or any combination thereof. b) Each connection to a Town water main including up to 500 lineal feet of pipe c) Each additional 500 fee or fraction thereof d) Each fire protection system lead-in (or stub-out)

$150 $ 50 $100

$100 $ 50

$300 $150 $100 $100

3. Fire Building Plan Review a) To review building plans: all occupancies, including town homes (Exception: 1 and 2 family dwellings). The Fire Building Plan Review fee is to review the first 50,000 sq ft of one building. The minimum plan review time is two and one-half Hours; additional plan review time will be calculated at the rate of $100/hr. $250 b) Each additional 50,000 sq ft or fraction thereof $100 c) Each additional building (using the same plan) $100 4. Fire Sprinkler Systems a) The base plan review fee for an automatic sprinkler system is $250. This fee is for the review of one building, no greater than 50,000 sq ft with 1-2 calculations. The maximum plan review time covered by this fee is two and one-half hours. Additional review time will be calculated at the rate of $100/hr. Base Plan Review Fee: $250

Installations requiring additional system elements shall be assessed the base plan review fee plus the additional review fees indicated below (b-r): b) Additional calculations (design areas) 12,001 sq ft 50,000 sq ft $100 c) Each additional 50,000 sq ft or fraction thereof $100 d) Each additional building using the same fire protection plan $100 e) Each additional story above or below grade $100 f) Each PRV (pressure reducing valve) $ 50 g) Installation of each water-based special extinguishing system $100 Note: This does not include any associated detection or fire alarm equipment h) Each pre-action system $150 i) Each deluge system $150 j) Each aqueous film forming foam-water based system $200 k) Each in-rack sprinkler system $200 l) Each UL or FM fire pumps, jockey pumps, and controller $200 m) Each static water tank $200

BUILDINGS AND BUILDING REGULATIONS

n) Each high challenge commodity (exception: Group A plastics) o) Each standpipes per stair p) Standpipe System 1-4 outlets not part of a sprinkler system q) UL or FM fire pumps, jockey pumps, and controllers not part of a sprinkler system r) Halon, Dry Chemical, Carbon Dioxide Extinguishing System, FM 200 or other Special Extinguishing Systems 5. Fire Sprinkler Systems Modification: a) 1-200 heads b) Each additional 1-200 heads or fraction thereof c) Each story above or below $250 $150 $100 $200 $200

$100 $100 $100

6. Fire Alarm Systems: a) The base plan review fee for a fire alarm system (including initiating/notification devices and fire alarm panel replacement) is $250. This fee is for the review of one building, no greater than 50,000 sq ft. The maximum plan review time covered by this fee is two and one-half hours. Additional review time will be calculated at the rate of $100/hr. Base Plan Review Fee: $250 Installations requiring additional system elements shall be assessed the base plan review fee plus the additional review fees indicated below (b-k): b) Each additional building using the same fire protection design plan $100 c) Each additional 50,000 sq ft or fraction thereof $100 d) Each additional story above or below grade $100 e) First 1-10 flame detection devices $100 f) Each additional 1-10 flame detection devices $100 g) First 1-10 beam detection devices $100 h) Each additional 1-10 beam detection devices $100 i) First 1-10 emergency voice/alarm communication devices (fire phone, speakers) $100 j) Each additional 1-10 emergency voice/alarm communication devices $100 k) For area detection throughout based on sq ft base rate plus additional 50% 50% Alarm Fee 7. Fire Alarm Systems Modification: a) Modify fire alarm system (1 10 devices) b) Each additional 1-25 devices 8. Smoke and heat vents & smoke removal systems: a) First 1-10 smoke and heat devices b) Each additional 10 devices or fraction thereof 9. Automatic Hood Systems, Commercial: a) Install or modify an automatic hood system, installation: these systems include exhaust systems with built-in fire suppression capability normally installed above commercial cooking equipment b) Each additional system

$100 $100

$100 $ 50

$100 $100

BUILDINGS AND BUILDING REGULATIONS

10. Flammable Finishes/Spraying or Dipping: a) Install a spray booth, spray room, spray area or powder coating booth b) Modification of spray booth, spray room, spray area or powder coating booth 11. Motor fuel-dispensing facilities and repair garages: a) Fuel storage tanks and dispensing 12. High-piled combustible storage: a) Minimum plan review for high piled combustible storage b) Each ceiling sprinkler system design area c) Each in-rack sprinkler system design area d) Each fire pump e) Each static water tank f) Each high challenge commodity (exception: Group A Plastics) g) Each fire test report used as a basis for the design 13. Hazardous materials: a) To install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility, building or chemical drainage and containment or other area regulated by Chapter 27 b) Install or modify a hazardous material storage tank; fee is per tank c) Install or modify gas cabinets, exhausted enclosures, or gas rooms 14. Compressed gas systems: a) Compressed gas system (in excess of exempt quantities): Install, repair, abandon, remove, place out of service, close or substantially modify. b) Installation this fee includes all systems and tanks installed at one site provided plans are submitted and inspections are conducted concurrently. c) Modification 15. Cryogenics fluids: a) Install cryogenic fluid system b) Modification of cryogenics fluid system

$550 $200

$200

$200 $200 $200 $200 $200 $200 $200

$300 $150 $300

$300 $300 $300

$300 $200

16) Flammable and combustible liquids: a) Temporarily or permanently install an aboveground storage tank or pressure vessel for Class I, II or III-A liquids with a nominal capacity of 125 gallons outside a building. $400 b) Temporarily or permanently install an aboveground storage tank or pressure vessel for Class I, II or III-A liquids with a nominal capacity of 125 gallons inside a building. $400 c) Temporarily or permanently install an aboveground storage tank or pressure vessel for Class III-B liquids with a nominal capacity of 1,000 gallons or more d) Aboveground tank installation: This shall include all flammable/combustible liquid tanks installed aboveground, including tanks in vaults, and any required piping, valves and dispensing equipment. The fee is for each tank. e) Underground tank installation: This shall include all flammable/combustible liquid tanks installed underground, including tanks in vaults, and any required

$400

$400

BUILDINGS AND BUILDING REGULATIONS

piping, valves and dispensing equipment. The fee is for each tank. f) Tanks with fixed fire protection systems additional $400 $600

g) AG OR UG tank modification: This shall include all flammable/combustible liquid tanks and required piping, valves and dispensing equipment. Tank may be aboveground or underground type. Modification may include change of contents, reconstruction, tapping, tank cutting, vent pipe relocations, dispenser piping, tank repair or re-piping. The fee is for each tank. h) Install underground tanks this shall include all flammable/combustible liquid tanks installed underground and any required piping valves and dispensing equipment i) Install, construct or equipment, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. j) Install hazardous materials containers or tank: this permit includes all hazardous materials container and tanks, required piping, valves and dispensing equipment.

$250

$200

$100

$150

17. Liquefied petroleum gases (LPG) (Exception: a permit is not required to install alter or modify portable containers of less than 125 gallon aggregate water capacity used exclusively for vapor service): a) Install, alter or modify LP-gas containers with an aggregate water capacity of 125 gallons (473 l) or more used exclusively for vapor service $200 b) Systems with fixed fire protection equipment c) Install, move, relocate, alter or modify racks storing 20-pound cylinders for the purpose of conducting an LP-gas exchange program at a specific site d) Install, alter or modify LP-gas containers used for liquid transfer service 18. Minimum Plan Review 19. Third and subsequent Plan Reviews
1

$200

$100 $200

$100 per hour 15% of Original Fire Prevention Plan Review Fee

Ordinance 482-10

SECTION 7-6-18 MISCELLANEOUS FIRE PREVENTION FEES1

1. Inspections after hours (minimum 2 hours) $100/hour; 2 hour minimum 2. Re-Inspections. For each inspection or re-inspection when such portion of work for which and inspection is called is not complete or when corrections called for are not made (during Business Hours) $100 per hour 3. Outside Consultant Fees 4. Refund: Permit Fee prior to commencing work Actual consultant costs 80% of fee maximum

BUILDINGS AND BUILDING REGULATIONS

(No later than 30 days after permit expiration and upon written request by applicant) 5. Refund: Plan Review Fees, prior to review and upon written request by the applicant: 80% of fee maximum 6. False alarms for each that exceed 3 within one calendar year $200 fine 7. Hazardous materials abatement $300 per hour 8. Appeals non-refundable a) Commercial occupancy $360 b) Residential occupancy $180 9. Emergency Medical Equipment and Standby Personnel a) Apparatus: i. Battalion Vehicle ii. Fire Engine iii. Water Tender iv. Brush Truck b) Personnel: i. Battalion Chief ii. Fire Captain/CEP iii. Fire Engineer/CEP iv. Fire Fighter/CEP

$74.00/hr $144.00/hr $113.00/hr $76.00/hr

$26.03/hr $23.86/hr $20.41/hr $18.49/hr

10. Illegible or oversized plans (exceeding 24 x 36 where allowed). Permit drawing Submitted on larger than 24 x 36 shall be subject to a premium fee, over and above The plan review fee of $75.00 per sheet as applicable.

Ordinance 482-10

BUILDINGS AND BUILDING REGULATIONS

ARTICLE 7-7 DEVELOPMENT FEE PROCEDURES AND REQUIREMENTS1 7-7-1 7-7-2 7-7-3 7-7-4 7-7-5 7-7-6 7-7-7 7-7-8 7-7-9 7-7-10 7-7-11 7-7-12 7-7-13 7-7-14 Section 7-7-1 Purpose and Intent Definitions General Provisions; Applicability Procedures for Imposition, Calculation and Collection of Development Fees Establishment of Development Fee Accounts; Appropriation of Development Fee Funds and Refunds Appeals Exemptions/Waivers Wastewater Development Fee Library Development Fee Park/Open Space Development Fee Public Safety Development Fee Town Facilities Development Fee Transportation Development Fee Fire Development Fee Purpose and Intent

The purposes and intent of these development fee procedures are: A. B. To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of development fees imposed on new development; To implement the goals, objectives and policies of the Queen Creek General Plan relating to assuring that new development contributes its fair share towards the costs of public facilities reasonably necessitated by such new development; To ensure that new development is reasonably benefited by the provision of the public facilities provided with the proceeds of development fees; To ensure that all applicable legal standards and criteria are properly incorporated in these procedures. To ensure that all applicable procedures and requirements of A.R.S. 9-463.05 have been met.

C. D. E.

Section 7-7-2

Definitions

The words or phrases used herein shall have the meaning prescribed in the current town code except as otherwise indicated herein: A. Applicant means any person who files an application with the town for a building permit.

Ordinance 159-99; amended by Ordinances 254-03; 260-03 and 336-06 43.5 Rev. 4/05

BUILDINGS AND BUILDING REGULATIONS

B. Appropriation or to appropriate means an action by the town to identify specific public facilities for which development fee funds may be utilized. Appropriation shall include, but shall not necessarily be limited to: inclusion of a public facility in the adopted town budget or capital improvements program; execution of a contract or other legal encumbrance for construction of a public facility using development fee funds in whole or in part; and/or actual expenditure of development fee funds through payments made from a development fee account. Commercial or industrial use means any use or establishment not defined as a dwelling unit. Connection means the physical tie-in of a developers water, effluent or sewer service to the towns water, effluent or sewer main. Developer means the individual, firm, corporation, partnership, association, syndication, trust or other legal entity that is responsible for creating a demand for town facilities and services. Development Fee means a fee adopted pursuant to A.R.S. 9-463.05 which is imposed on new development on a pro rata basis in connection with and as a condition of the issuance of a building permit and which is calculated to defray all or a portion of the costs of the public facilities required to accommodate new development at town-designated level of service (LOS) standards and which reasonably benefits the new development. Development Fee Adoption and Imposition means this article establishes procedures and requirements for all development fees which may be adopted by the town; provided, however, that in order to impose a development fee for a particular public facility, the town shall prepare a written report; notice, schedule and hold a public hearing; and otherwise comply with all applicable requirements of A.R.S. 9-463.05 and this article. Development Fee District Maps means the map(s) defining the geographical extent of the development fee districts, if any, for each adopted development fee, as may be necessary. Director means the community development director or his designee. District or Development Fee District means a defined geographic area or subarea of the town and/or its planning area within which particular public facilities are provided and in which development fees will be collected, appropriated, and expended for public facilities serving new development within such area or subarea. Dwelling Unit means a room or group of rooms within a building containing cooking accommodations and designed to be used for living purposes. Each apartment unit, mobile home or mobile home space, travel trailer or travel trailer space shall be considered a dwelling unit. Dwelling unit shall not include those units designed primarily for transient occupant purposes, nor shall they include rooms in hospitals or nursing homes. 1. Single-family Detached Dwelling Unit - means a dwelling unit designed and used only by one family and which unit is physically separated from any other dwelling unit. Mobile Homes Dwelling Unit means a dwelling unit typically designed and used only by one family which may be pre-manufactured and delivered to a building site for connection to utilities. This dwelling unit may include travel trailer units as well. 43.6 Rev. 3/07

C. D. E.

F.

G.

H. I. J.

K.

2.

BUILDINGS AND BUILDING REGULATIONS

3.

Multi-Family Dwelling Unit means a dwelling unit typically attached to another dwelling unit, such as an apartment, duplex, townhouse or single-family attached dwelling unit. All Other Dwelling Units - means a dwelling unit not described in paragraphs 1-3 in this subsection.

4. L.

Fire Development Fee means a fee imposed only on new residential development to fund the proportionate share of the costs of: constructing fire stations, fire apparatus and equipment including pumper trucks, tender/tankers and a ladder truck. Governing Body means the mayor and common council of the town. Library Development Fee means a fee imposed only on new residential development to fund the proportionate share of the costs of: land acquisition for libraries; library facilities, including construction, furniture, fixtures, equipment and technology; and collection materials; including, but not limited to, books, reference materials, audio and visual materials, periodicals and others. Multiple Uses means a new development consisting of both residential and nonresidential uses, and one or more different types of non-residential use, on the same site or part of the same new development. Municipal Planning Area means an area outside of the present town limits, but in which the town may provide public facilities and services. New Development means any new construction, reconstruction, redevelopment, rehabilitation, structural alteration, structural enlargement, structural extension, or new use which requires a building permit, or a connection fee permit for hook-up to the town wastewater system; any change in use of an existing non-residential building, structure or lot requiring any form of town building permit or approval, and which increases the demand for one or more public facilities or services as herein defined; or, any change in use of an existing residential or non-residential building or structure or change in the use of land, which requires an increase in water meter size or installation of a larger water meter, except as otherwise provided in subsection 7-7-3 (E). Parks, Open Space and Recreation Facilities Development Fee means a fee imposed only on new residential development to fund the proportionate share of the costs of: community parks; open space, including, but not necessarily limited to, open space lands, agricultural land preservation, purchase of land, development rights and/or construction easements, desert mountain preserves and trails; and recreation facilities and improvements (but, expressly excluding neighborhood parks). Public Facility or Service means public improvements, facilities or services necessitated by new development, including, but not limited to, water resources, transportation, police facilities, public works, fire and emergency medical services, community facilities, municipal facilities, water facilities, sewer facilities, flood control and drainage, solid waste disposal, open space, parks, utilities and educational facilities. Public Facility Expenditures include amounts appropriated in connection with the planning, design, engineering and construction of public facilities; planning, legal, appraisal and other costs related to the acquisition of land, financing and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to provision of the public facility. 43.7 Rev. 4/05

M. N.

O.

P. Q.

R.

S.

T.

BUILDINGS AND BUILDING REGULATIONS

U.

Public Safety Development Fee means a fee imposed on all new residential and nonresidential development to fund the proportionate share of the costs of: public safety buildings and facilities, communication systems and vehicles and major capital equipment. Town Facilities Development Fee means a fee imposed on all new residential and nonresidential development to fund the proportionate share of the costs of: municipal office space and town owned and operated vehicles and major capital equipment. Transportation Development Fee means a fee imposed on all new residential and nonresidential development to fund the proportionate share of the costs of: transportation improvements and new roads designed to solve congestion-related problems that are anticipated from increased traffic demands resulting from new development, and including improvements to minor arterials and/or collectors needed for access and traffic mobility, but excluding project-specific traffic and transportation improvements such as turn lanes, individual traffic signals for the benefit of a specific development project and the like. Wastewater Development Fee means a fee imposed on all new residential and nonresidential development to fund the proportionate share of the costs of: the wastewater collection and wastewater treatment system and necessary improvements, capital equipment and appurtenances thereto. General Provisions; Applicability

V.

W.

X.

Section 7-7-3 A.

Term. This article and the procedures established herein shall remain in effect unless and until repealed, amended or modified by the Mayor and Common Council in accordance with applicable State law and the Town Code, ordinances and resolutions. Annual Review. 1. As specified in Resolution 491-05, the Town will complete an annual review of all of the development fees. The annual review of the development fees will be completed as part of the Towns annual budget process. The annual report may include any or all of the following: a. recommendations for amendments, if appropriate, to these procedures or to specific ordinances adopting development fees for particular public facilities; proposed changes to the Queen Creek General Plan or plan elements and/or an applicable capital improvements program, including the identification of additional public facility projects anticipated to be funded wholly or partially with development fees; proposed changes to the boundaries of development fee districts, if applicable; proposed changes to development fee schedules as set forth in the ordinances imposing and setting development fees for particular public facilities; proposed changes to level of service standards for particular public facilities; 43.8 Rev. 4/05

B.

2.

b.

c. d.

e.

BUILDINGS AND BUILDING REGULATIONS

f. g. proposed changes to any development fee calculation methodology; proposed changes to the population, housing, land use, persons per household or non-residential development projections included in the development fee report and upon which the development fee amounts have been determined; other data, analysis or recommendations as the town manager or appropriate designee may deem appropriate, or as may be requested by the Mayor and Common Council.

h.

3.

Submission of Development Fee Annual Review and Common Council Action: The Town Manager or designee shall submit the Development Fee Annual Review to the Mayor and Common Council, which shall receive the Annual Review and which may take such actions as it deems appropriate, including, but not limited to, requesting additional data or analyses and holding public workshops and/or public meetings.

C.

Annual Report 1. In compliance with Arizona Rev. Statutes 9-463.05, the Town will complete and submit an annual report accounting for the collection and use of the development fees.

D.

Affected Area. 1. Development Fee District. Development fees shall be imposed on new development in Queen Creek which, for purposes hereof, may be divided into development fee districts by the Town. Municipal Planning Areas. Development fees imposed by the town may, if necessary and appropriate, be collected by other municipalities or by the county on new development within the towns municipal planning area, but outside of the town limits, only pursuant to an intergovernmental agreement which provides that the development fees collected be transferred to the appropriate town fund for expenditure in accordance with the terms of this article. Identification. The affected area, including development fee districts, if applicable, shall be described and/or mapped in the particular public facility development fee ordinance. Change in Boundaries of Development Fee Districts. The town may amend the boundaries of the development fee districts at such times as may be deemed necessary to carry out the purposes and intent of this article and applicable legal requirements for use of development fees. In the event of annexation of unincorporated county land by the town, the mayor and common council shall consider whether such annexed area should be included in a particular development fee district.

2.

3.

4.

E. F.

Type of Development Affected. This article shall apply to all new development as herein defined and as defined in the development fee ordinances for particular public facilities. Type of Development Not Affected. This article shall not apply to: 43.9 Rev. 4/05

BUILDINGS AND BUILDING REGULATIONS

1.

Previously-Issued Building Permits. No development fee shall be imposed on new development for which a building permit has been issued prior to the effective date of this article. Previous Payment of Development Fees. Subject to the requirements of Section 77-4 of this article, no development fees shall be due at a later stage of the development permit or approval process if development fees have been paid for such category of public facilities at an earlier stage in the development permit or approval process.. No Net Increase in Dwelling Units. No development fee shall be imposed on any new residential development which does not add a new dwelling unit. No Net Increase in Non-Residential Square Footage. No development fee shall be imposed on any new non-residential development which does not add square footage, unless the new non-residential development increases the demand for public facilities for which development fees are being imposed. Other Uses. No development fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a building permit is required, which does not result in an increase in the demand for public facilities. Development projects which are the subject of a Development Agreement containing provisions in conflict with this Article, but only to the extent of the conflict or inconsistency. Development by Other Governmental Entities. Pursuant to A.R.S. 9-500.18, no development fee shall be imposed on new development by the State of Arizona, school districts organized pursuant to Arizona State laws, or the Federal Government, or agencies thereof; provided, however, that the town may seek to negotiate the construction of public facilities or the provision of services, or to negotiate the payment of development fees, pursuant to a Development Agreement or Intergovernmental Agreement with such public governmental entities.

2.

3. 4.

5.

6.

7.

G.

Effect of Payment of Development Fees on Other Applicable Town Land Use, Zoning, Platting, Subdivision or Development Regulations. 1. The payment of development fees shall not entitle the applicant to a building permit unless all other applicable land use, zoning, planning, platting, subdivision or other related requirements, standards and conditions have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a development fee. Neither this article nor the specific development fee ordinances for particular public facilities shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the town land development regulations, which shall be operative and remain in full force and effect without limitation.

2.

H.

Amendments. This article, and any ordinance adopting development fees for any particular public facility pursuant to this article, may be amended from time to time by the mayor and common council; provided, however, that no such amendment shall be 43.10 Rev. 4/05

BUILDINGS AND BUILDING REGULATIONS

adopted without a written report detailing the reasons and need for the development fee revision nor without proper notice and public hearing as set forth herein and in A.R.S. 9463.05(C). I. Effect of Imposition of Development Fees in a Community Facilities District. In calculating and imposing a development fee applicable to land in a community facilities district established under A.R.S., Title 48, Chapter 4, Article 6, the town shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and facilities and shall not assess a portion of the development fee otherwise calculated to be due that would duplicate the infrastructure provided by the district or the costs imposed by the district on new development. Section 7-7-4. Procedures for Imposition, Calculation and Collection of Development Fees A. In General. An applicant shall be notified by the town of the applicable development fee requirements at the time of application for a building permit via the issuance of a development fee calculation form to the applicant. Development fees shall be calculated by the town at the time of application for a building permit and shall be paid by the applicant prior to the issuance of a building permit. Calculation. 1. Upon receipt of an application for a building permit, the town shall determine (a) whether it is a residential or non-residential use, (b) the specific category (type) of residential or non-residential development, if applicable, (c) if residential, the number of new dwelling units, (d) if non-residential, the number of new or additional square feet of gross floor area (rounded up to the nearest square foot) and the proposed use, and (e) the development fee district in which the new development is located (if applicable). Upon receipt of an application for a building permit, the town shall determine whether it is for a change in use. In such cases, the development fee due shall be based only on the incremental increase in the fee for the additional public facilities needed for the change in use. After making these determinations, the town shall calculate the demand for the public facility added by the new development for each public facility category for which a development fee is being imposed and calculate the applicable development fee by multiplying the demand added by the new development by the amount of the applicable development fee per unit of development, incorporating any applicable offset if set forth in the particular development fee calculation methodology. If the type of land use proposed for new development is not expressly listed in the particular development fee ordinance and schedule, the town shall: a) identify the most similar land use type listed and calculate the development fee based on the development fee for that land use; or identify the broader land use category within which the specified land use would apply and calculate the development fee based on the development fee for that land use category; or 43.11 Rev. 4/05

B.

2.

3.

4.

b)

BUILDINGS AND BUILDING REGULATIONS

c)

at the option of the applicant, or the community development director, determine the basis used to calculate the fee pursuant to an independent impact analysis for development fee calculation. This option shall be available only for transportation development fees and shall be requested by the applicant on a form provided by the town for such purpose. If this option is chosen, the following shall apply: 1) The applicant shall be responsible, at its sole expense, for preparing the independent impact analysis, which shall be reviewed for approval by the community development director, and, if appropriate, the director of public works or other town staff or officials, prior to payment of the fee. The independent impact analysis shall measure the impact that the proposed development will have on the particular public facility at issue, and shall be based on the same methodologies used in the development fee calculation methodology report, and shall be supported by professionally acceptable data and assumptions. After review of the independent impact analysis submitted by the applicant, the community development director shall accept or reject the analysis and provide written notice to the applicant of its decision on a form provided for such purpose within thirty days. If the independent impact analysis is rejected, the written notice shall provide an explanation of the insufficiencies of the analysis. The final decision of the community development director may be appealed pursuant to Section 7-7-6.

2)

3)

4)

5.

An applicant may request a non-binding estimate of development fees due for a particular new development at any time by filing a request on a form provided for such purpose by the community development/planning department; provided, however, that such estimate may be subject to change when a formal application for a building permit for new development is made. Such non-binding estimate is solely for the benefit of the prospective applicant and shall in no way bind the town nor preclude it from making amendments or revisions to any provisions of this article, the specific development fee implementing ordinances or the development fee schedules. The calculation of development fees due from a multiple-use new development shall be based upon the aggregated demand for each public facility generated by each land use type in the new development. The calculation of development fees due from a phased new development shall be based upon the demand generated by each specific land use within the phase of development for which a separate building permit is requested. Development fees shall be calculated based on the development fee amount in effect at the time of application for a building permit.

6.

7.

8.

C.

Offsets.

BUILDINGS AND BUILDING REGULATIONS

1. Offsets against the amount of a development fee due from a new development shall be provided for, among other things, contributions made or to be made in the future in cash, or by dedication of land or by actual construction of all or part of a public facility by the affected property owner for public facilities meeting or exceeding the demand generated by the new development and the contribution is determined by the town to be a reasonable substitute for the cost of public facilities which are included in the particular development fee calculation methodology. The amount of the excess contribution shall be determined by the town upon receipt of an application form requesting an offset; provided, however, that (a) the town will make no reimbursement for excess contributions unless and until the particular public facility fund has sufficient revenue to make the reimbursement without jeopardizing the continuity of the towns capital improvements program and (b) the excess contribution may not be transferred or credited to any other type of development fees calculated to be due from that development for other type of public facilities. The determination of the eligibility for and the amount of the credit shall be made by the town on a form provided for such purposes. If the applicant contends that any aspect of the towns decision constitutes an abuse of discretion, the applicant shall be entitled to appeal pursuant to Section 7-7-6. No offset shall be allowed unless the town has approved the contribution or expenditure before it is made. Offsets for dedication of land or provision of public facilities shall be applicable only as to development fees imposed for the same types of public facilities which are proposed to be dedicated or provided. Even if the value of the dedication of land or provision of a public facility exceeds the development fee due for the type of public facility, the excess value may not be transferred to development fees calculated to be due from the applicant for other types of public facilities for which development fees may be imposed. Offsets may, however, be transferred to the same applicant or to other applicants for new development which are proposed within the final approved platted area of the same development and for the same type of public facility.

2.

3. 4.

D.

Collection. 1. The town shall collect all applicable development fees at the time of issuance of a building permit and shall issue a receipt to the applicant for such payment unless: a) b) c) the applicant is determined to be entitled to a full offset; or the applicant has been determined to be not subject to the payment of a development fee; or the applicant has filed an appeal and a bond or other surety in the amount of the development fee, as calculated by the town and approved by the town attorney and finance director, has been posted with the town.

2.

The town shall collect a development fee at the time of issuance of a building permit even if development fees were paid by the applicant at an earlier time in the development permit or approval process if the amount of the development fees have increased since such prior approval. Except as provided for in Section 7-7-3(F), the applicant shall only be liable for the difference between the development fees paid earlier and those in effect at the time of issuance of the subsequent building permit.

BUILDINGS AND BUILDING REGULATIONS

Section 7-7-5 A. Establishment of Development Fee Accounts; Appropriation of Development Fee Funds; and Refunds

Development Fee Accounts. A development fee account shall be established by the town for each category of public facilities for which development fees are imposed. Such account shall clearly identify the category, account, or fund for which the development fee has been imposed. Sub accounts may be established for individual development fee districts. All development fees collected by the town shall be deposited into the appropriate development fee account or sub account, which shall be interest bearing. All interest earned on monies deposited to such account shall be credited to and shall be considered funds of the account. The funds of each such account shall be capable of being accounted for separately from all other town funds, over time. The town shall establish and implement necessary accounting controls to ensure that the development fee funds are properly deposited, accounted for and appropriated in accordance with this article, A.R.S. 9-463.05 and any other applicable legal requirements. Appropriation of Development Fee Funds. 1. In General. Development fee funds may be appropriated for public facilities, for public facility expenditures as defined in Section 7-7-2 (S) and for the payment of principal, interest and other financing costs on contracts, bonds, notes or other obligations issued by or on behalf of the town or other applicable local governmental entities to finance such public facilities and public facility expenditures. All appropriations from development fee accounts shall be detailed on a form provided for such purposes and filed within the finance department. Restrictions on Appropriations. Development fees shall be appropriated only (a) for the particular public facility for which they were imposed, calculated and collected; (b) within the development fee district where collected unless the development fee funds will be appropriated for a public facility necessitated by or serving the new development as provided herein; and (c) within six years of the beginning of the fiscal year immediately succeeding the date of collection, unless such time period is extended as provided herein. Development fees shall not be appropriated for funding maintenance or repair of public facilities nor for operational or personnel expenses associated with the provision of the public facility. Appropriation of Development Fee Funds Outside of District Where Collected. Development fee funds may be appropriated for a public facility located outside of the district where collected only if the demand for the public facility is generated in whole or in part by the new development or if the public facility will actually serve the new development. Appropriation of Development Fee Funds Beyond Six Years of Collection. Notwithstanding paragraph 2 of this subsection, development fee funds may be appropriated beyond six years from the beginning of the fiscal year immediately succeeding the date of collection if the appropriation is for a public facility which requires more than six years to plan, design and construct, and the demand for the public facility is generated in whole or in part by the new development, or if the public facility will actually serve the new development. Such appropriations shall be documented by the town.

B.

2.

3.

4.

C.

Procedure for Appropriation of Development Fee Funds.

BUILDINGS AND BUILDING REGULATIONS

1. The town shall each year identify public facility projects anticipated to be funded in whole or in part with development fees. The public facility recommendations shall be based upon the development fee annual review set forth in Section 7-7-3 (B) and such other information as may be relevant, and may be part of the towns annual budget and capital improvements programming process. The recommendations shall be consistent with the provisions of this article, the particular public facility development fee ordinances, A.R.S. 9-463.05, or other applicable legal requirements and any guidelines adopted by the mayor and common council. The mayor and common council may include development fee-funded public facilities in the Towns annual budget and capital improvements program. If included, the description of the public facility shall specify the nature of the facility, the location of the public facility, the capacity to be added by the public facility the service area of the public facility, the need/demand for the public facility and the anticipated timing of completion of the public facility. The mayor and common council may authorize development fee-funded public facilities at such other times as may be deemed necessary and appropriate by a majority vote of the common council. The mayor and common council shall verify that adequate development fee funds are or will be available from the appropriate development fee account for the particular public facility.

2.

3.

4.

5.

D.

Refunds. 1. Eligibility for Refund. a. Expiration or Revocation of Building Permit. An applicant who has paid a development fee for a new development for which the necessary building permit has expired or for which the building permit has been revoked prior to construction shall be eligible to apply for a refund of development fees paid on a form provided by the town for such purposes. Failure of Town to Appropriate Development Fee Funds Within Time Limit. The current property owner may apply for a refund of development fees paid by an applicant if the town has failed to appropriate the development fees collected from the applicant within the time limit established in paragraph 2 in subsection B of this section and paragraph 4 in subsection B of this section. The refund application shall be made on a form provided by the town for such purposes. Abandonment of Development After Initiation of Construction. An applicant who has paid a development fee for a new development for which a building permit has been issued and pursuant to which construction has been initiated, but which construction is abandoned prior to completion and issuance of a certificate of occupancy, shall not be eligible for a refund unless the uncompleted building is completely demolished. A 5% administrative fee, but not to exceed $200.00, shall be deducted from the amount of any refund granted and shall be retained by the Town in the appropriate development fee account to defray the administrative expenses associated with the processing of a refund application.

b.

c.

d.

BUILDINGS AND BUILDING REGULATIONS

2. 3. Except as provided in subparagraphs a and c of paragraph 1 of this subsection and paragraph 6 of this subsection, refunds shall be made only to the current owner of property on which the new development was proposed or occurred. Processing of Applications for a Refund. Applications for a refund shall be made on a form provided by the town for such purposes and shall include all information required in paragraphs 5 and 6 of this subsection, as appropriate. Upon receipt of a complete application for a refund, the town shall review the application and documentary evidence submitted by the applicant as well as such other information and evidence as may be deemed relevant, and make a determination as to whether a refund is due. Refunds by direct payment shall be made following an affirmative determination by the town. Applications for refunds due to abandonment of a new development prior to completion shall be made on forms provided by the town and shall be made within sixty days following expiration or revocation of the building permit. The applicant shall submit (a) evidence that the applicant is the property owner or the duly designated agent of the property owner, (b) the amount of the development fees paid by public facilities category and receipts evidencing such payments, and (c) documentation evidencing the expiration or revocation of the building permit or approval of demolition of the structure pursuant to a valid town-issued demolition permit. Failure to apply for a refund within sixty days following expiration or revocation of the building permit or demolition of the structure shall constitute a waiver of entitlement to a refund. No interest shall be paid by the town in calculating the amount of the refunds. Applications for refunds due to the failure of the town to appropriate development fees collected from the applicant within the time limits established in subparagraph 2 of subsection B of this section shall be made on forms provided by the town and shall be made within one year following the expiration of such time limit. The applicant shall submit (a) evidence that the applicant is the property owner or the duly designated agent of the property owner, (b) the amount of the development fees paid by public facility category and receipts evidencing such payments, and (c) description and documentation of the towns failure to appropriate development fee funds for relevant public facilities. The town may, at its option, make refunds of development fees by direct payment, by offsetting such refunds against other development fees due for the same category of public facilities for new development on the same property, or by other means subject to agreement with the property owner.

4.

5.

6.

Section 7-7-6 A.

Appeals

An appeal from any decision of a town official pursuant to this article shall be made to the mayor and common council by filing a written appeal pursuant to the appropriate town form with the town clerk within thirty days following the decision which is being appealed; provided, however, that if the notice of appeal is accompanied by a cash bond or letter of credit in a form satisfactory to the town attorney and the finance director in an amount equal to the development fee calculated to be due, a building permit may be issued to the new development. The filing of an appeal shall not stay the imposition or the collection of the development fee as calculated by the town unless a cash bond or other sufficient surety has been provided. 43.16 Rev. 4/05

BUILDINGS AND BUILDING REGULATIONS

B. C. The burden of proof shall be on the appellant to demonstrate that the decision of the town is erroneous. All appeals shall detail the specific grounds therefor and all other relevant information and shall be filed on a form provided by the town for such purposes. Exemptions/Waivers

Section 7-7-7 A.

Filing of Application. Petitions for exemptions to the application of the provisions of this Ordinance or waivers from specific development fees shall be filed with the mayor and common council on forms provided by the town. Effect of Grant of Exemption/Waiver. If the mayor and common council grants an exemption or waiver in whole or in part of development fees otherwise due, the amount of the development fees exempted or waived shall be provided by the town from nondevelopment fee funds, as may be provided in the particular development fee ordinances establishing development fees for particular public facilities, and such funds shall be deposited to the appropriate development fee account within a reasonable period of time consistent with the applicable town capital improvements program. Development Agreements. Nothing herein shall be deemed to limit the towns authority or ability to enter into Development Agreements pursuant to A.R.S. 9-500.05 with applicants for new development who may provide for dedication of land, payments in lieu of development fees, or actual infrastructure improvements. Such development agreements may allow offsets against development fees for contributions made or to be made in the future in cash, or by taxes or assessments or dedication of land or by actual construction of all or part of a public facility by the affected property owner. Wastewater Development Fee1

B.

C.

Section 7-7-8 A.

All new residential and non-residential development in the town shall be subject to the payment of a wastewater development fee payable at the time of connection to the Town wastewater collection and treatment system, pursuant to this article as follows: All Development by Meter Size (inches) 0.75 1.00 1.50 2.00 (Compound/Turbine) 3.00 (Compound) 3.00 (Turbine) 4.00 (Compound) 4.00 (Turbine)
1

Demand Rates 1.0 1.7 3.3 5.3 10.7 12.0 17.0 20.5

Development Fee $4,885 $8,255 $15,977 $25,507 $51,486 $57,735 $81,973 $98,868

Ordinance 396-07

BUILDINGS AND BUILDING REGULATIONS

B.

Annual Development Fee Adjustment for Inflation.

1. On July 1, 2004, and on July 1st of each year thereafter in which the wastewater development fee is in effect, the amount of the development fee, by water meter size, shall be automatically adjusted in compliance with applicable state law to account for inflationary increases in the cost of providing wastewater facilities utilizing the most recent applicable wastewater facilities construction cost data or index from the Engineering News Record for the Phoenix metropolitan area. 2. In lieu of an automatic annual adjustment, the town may, at its option, determine the appropriate annual inflation factor for wastewater facilities pursuant to the annual review process as set forth in Section 3 (B) of the Impact Fee Procedural Ordinance (SECTION 7-7-3) and amend the development fee in compliance with applicable State law. 3. Provided, however, that nothing herein shall prevent the governing body of the town from electing to retain the existing wastewater development fee for any given fiscal year or years, or from electing to waive the inflation adjustment for any given fiscal year or years. C. Pre-existing Development Fee Ordinance, Applicability and Repeal Thereof. Upon October 6, 1999, all applicants for new connection permits to the wastewater system or applicants for larger water meters than currently exist shall be subject to the wastewater development fees adopted pursuant to this section. Library Development Fee1

Section 7-7-9 A.

All new residential development in the town shall be subject to the payment of a library development fee payable at the time of building permit issuance by the town, pursuant to this article as follows: Residential Development Single Family Detached Multi-Family Mobile Home All Other Housing Per Dwelling Unit $1,336 $879 $1,469 $684

Ordinance 161-99 and amended by Ordinance 338-06

BUILDINGS AND BUILDING REGULATIONS

B.

Annual Development Fee Adjustment for Inflation 1. On July 1, 2004, and on July 1st of each year thereafter in which the library development fee is in effect, the amount of the development fee, per person and per dwelling unit, shall be automatically adjusted in compliance with applicable state law to account for inflationary increases in the cost of providing library facilities and collection materials utilizing the most recent data available from the Engineering News Record construction cost index for the Phoenix metropolitan area for general construction costs; from the Maricopa County Library System for specific library facilities costs; from the town for land acquisition costs; and from the Maricopa County Library System and town experience for collection materials costs. In lieu of an automatic annual adjustment, the town may, at its option, determine the appropriate annual inflation factor for library facilities and collection materials pursuant to the annual review process as set forth in Section 7-7-3 (B) of this article and amend the development fee in compliance with applicable state law. Provided, however, that nothing herein shall prevent the governing body of the town from electing to retain the existing library development fee or from electing to waive the inflation adjustment for any given fiscal year, or years.

2.

3.

Section 7-7-10 Park/Open Space Development Fee1 A. All new residential development in the town shall be subject to the payment of a park/open space development fee payable at the time of building permit issuance by the town, pursuant to this article as follows: Residential Development Single Family Detached Multi-Family Mobile Home All Other Housing B. Annual Development Fee Adjustment for Inflation. 1. On July 1, 2004, and on July 1st of each year thereafter in which the park/open space development fee is in effect, the amount of the development fee, per person and per dwelling unit, shall be automatically adjusted in compliance with applicable state law to account for inflationary increases in the cost of providing park/open space facilities utilizing the most recent applicable data or construction cost index from the Engineering News Record for the Phoenix metropolitan area, utilizing data from the towns parks, recreation and open space consultant, and/or utilizing data based on town experience and records, especially with respect to land acquisition costs. In lieu of an automatic annual adjustment, the town may, at its option, determine the appropriate annual inflation factor for the park/open space development fee pursuant Per Dwelling Unit $5,579 $3,670 $6,134 $2,855

2.

Ordinance 162-99 and amended by Ordinance 257-03

BUILDINGS AND BUILDING REGULATIONS

to the annual review process as set forth in Section 7-7-3 (B) of this article and amend the development fee in compliance with applicable state law. 3. Provided, however, that nothing herein shall prevent the governing body of the town from electing to retain the existing park/open space development fee or from electing to waive the inflation adjustment for any given fiscal year or years.

C.

Pre-existing Development Fee Ordinance; Applicability and Repeal Thereof. Upon October 6, 1999, all applicants for building permits for new development shall be subject to the parks/open space development fee adopted pursuant to this section.

Section 7-7-11 Public Safety Development Fee1 A. All new residential and non-residential development in the town shall be subject to the payment of a public safety development fee payable at the time of building permit issuance by the town, pursuant to this article as follows: Residential Development Single Family Detached Multi-family Mobile Homes All Other Housing Non-Residential Development Com/Shop Ctr 25,000 SF or less Com/Shop Ctr 25,001-50,000 SF Com/Shop Ctr 50,001-100,000 SF Com/Shop Ctr 100,001-200,000 SF Com/Shop Ctr over 200,000 SF Office/Inst. 10,000 SF or less Office/Inst. 10,001-25,000 SF Office/Inst. 25,001-50,000 SF Office/Inst. 50,001-100,000 SF Office/Inst. over 100,000 SF Business Park Light Industrial Warehousing Manufacturing B. Annual Development Fee Adjustment for Inflation. 1. On July 1, 2004, and on July 1st of each year thereafter in which the public safety development fee is in effect, the amount of the development fee, per dwelling unit and per 1,000 [Link]. of gross floor area of non-residential development, shall be automatically adjusted in compliance with applicable state law to account for inflationary increases in the cost of providing public safety facilities and services Per Dwelling Unit $687 $452 $755 $351 Per 1,000 [Link]. $355 $280 $222 $175 $138 $319 $151 $96 $68 $54 $46 $38 $22 $27

Ordinance 399-07

BUILDINGS AND BUILDING REGULATIONS

utilizing the most recent applicable data and construction cost index from the Engineering News Record for the Phoenix metropolitan area. 2. In lieu of an automatic annual adjustment, the town may, at its option, determine the appropriate annual inflation factor for public safety facilities, equipment and vehicles, pursuant to the annual review process as set forth in Section 7-7-3 (B) of this article and amend the development fee in compliance with applicable state law. Provided, however, that nothing herein shall prevent the governing body of the town from electing to retain the existing public safety development fee or from electing to waive the inflation adjustment for any given fiscal year or years.

3.

C.

Pre-existing Development Fee Ordinance; Applicability and Repeal Thereof. Upon October 6, 1999, all applicants for building permits for new development shall be subject to the Public Safety development fee adopted pursuant to this section.

Section 7-7-12 Town Facilities Development Fee1 A. All new residential and non-residential development in the town shall be subject to the payment of a town facilities development fee payable at the time of building permit issuance by the town, pursuant to this article as follows: Residential Development Single Family Detached Multi-family Mobile Homes All Other Housing Non-Residential Development Com/Shop Ctr 25,000 SF or less Com/Shop Ctr 25,001-50,000 SF Com/Shop Ctr 50,001-100,000 SF Com/Shop Ctr 100,001-200,000 SF Com/Shop Ctr over 200,000 SF Office/Inst. 10,000 SF or less Office/Inst. 10,001-25,000 SF Office/Inst. 25,001-50,000 SF Office/Inst. 50,001-100,000 SF Office/Inst. over 100,000 SF Business Park Light Industrial Warehousing Manufacturing Per Dwelling Unit $1,718 $1,130 $1,889 $879 Per 1,000 [Link]. $1,673 $1,437 $1,256 $1,115 $1,005 $2,250 $2,085 $1,964 $1,853 $1,683 $1,587 $1,160 $643 $899

B.
1

Annual Development Fee Adjustment for Inflation. Ordinance 400-07

BUILDINGS AND BUILDING REGULATIONS

1. On July 1, 2000, and on July 1st of each year thereafter in which the town facilities development fee is in effect, the amount of the development fee, per dwelling unit and per 1,000 [Link]. of gross floor area for non-residential development, shall be automatically adjusted in compliance with applicable state law to account for inflationary increases in the cost of providing town facilities utilizing the most recent applicable data and construction cost index from the Engineering News Record for the Phoenix metropolitan area. 2. In lieu of an automatic annual adjustment, the town may, at its option, determine the appropriate annual inflation factor for municipal facilities, vehicles and equipment pursuant to the annual review process as set forth in Section 7-7-3 (B) of this article and amend the development fee in compliance with applicable state law. 3. Provided, however, that nothing herein shall prevent the governing body of the town from electing to retain the existing town facilities development fee or from electing to waive the inflation adjustment for any given fiscal year, or years. C. Pre-existing Development Fee Ordinance; Applicability and Repeal Thereof. Upon October 6, 1999, all applicants for building permits for new development shall be subject to the Town Facilities development fee adopted pursuant to this section.

Section 7-7-13 Transportation Development Fee1 A. All new residential and non-residential development in the town shall be subject to the payment of a transportation development fee payable at the time of building permit issuance by the town, pursuant to this article as follows: Residential Development Single Family Detached Multi-Family Mobile Home All Other Housing Non-Residential Development Com/Shop Ctr 25,000 SF or less Com/Shop Ctr 25,001-50,000 SF Com/Shop Ctr 50,001-100,000 SF Com/Shop Ctr 100,001-200,000 SF Com/Shop Ctr over 200,000 SF Office/Inst. 10,000 SF or less Office/Inst. 10,001-25,000 SF Office/Inst. 25,001-50,000 SF Office/Inst. 50,001-100,000 SF Office/Inst. over 100,000 SF Business Park Light Industrial Warehousing Manufacturing Per Dwelling Unit $709 $466 $417 $431 Per 1,000 [Link]. $6,976 $5,509 $4,354 $3,443 $2,719 $6,260 $2,970 $1,878 $1,328 $1,057 $897 $751 $424 $522

Ordinance 401-07

BUILDINGS AND BUILDING REGULATIONS

B.

Annual Development Fee Adjustment for Inflation. 1. On July 1, 2004, and on July 1st of each year thereafter in which the Transportation Development Fee is in effect, the amount of the development fee, per dwelling unit and per 1,000 sq. ft. of gross floor area for non-residential development, shall be automatically adjusted in compliance with applicable state law to account for inflationary increases in the cost of providing town facilities utilizing the most recent applicable data and construction cost index from the Engineering News Record for the Phoenix metropolitan area. In lieu of an automatic annual adjustment, the town may, at its option, determine the appropriate annual inflation factor for transportation pursuant to the annual review process as set forth in Section 7-7-3 (B) of this article and amend the development fee in compliance with applicable state law. Provided, however, that nothing herein shall prevent the governing body of the town from electing to retain the existing transportation development fee or from electing to waive the inflation adjustment for any given fiscal year or years.

2.

3.

C.

Pre-existing Development Fee Ordinance; Applicability and Repeal Thereof. Upon October 6, 1999, all applicants for building permits for new development shall be subject to the Transportation development fee adopted pursuant to this section.

Section 7-7-14 Fire Development Fee1 A. All new residential and non-residential development in the town shall be subject to the payment of a Fire development fee payable at the time of building permit issuance by the town, pursuant to this article as follows: Residential Development Single Family Detached Multi-family Mobile Homes All Other Housing Non-Residential Development Com/Shop Ctr 25,000 SF or less Com/Shop Ctr 25,001-50,000 SF Com/Shop Ctr 50,001-100,000 SF Com/Shop Ctr 100,001-200,000 SF Com/Shop Ctr over 200,000 SF Office/Inst. 10,000 SF or less Office/Inst. 10,001-25,000 SF Office/Inst. 25,001-50,000 SF Office/Inst. 50,001-100,000 SF Office/Inst. over 100,000 SF Business Park Per Dwelling Unit $655 $431 $720 $335 Per 1,000 [Link]. $1,666 $1,316 $1,040 $822 $649 $1,495 $709 $448 $317 $252 $214

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Light Industrial Warehousing Manufacturing B. Annual Development Fee Adjustment for Inflation. 1.

$179 $101 $125

On July 1, 2004, and on July 1st of each year thereafter in which the Fire Development Fee is in effect, the amount of the development fee, per dwelling unit and per 1,000 sq. ft. of gross floor area for non-residential development, shall be automatically adjusted in compliance with applicable state law to account for inflationary increases in the cost of providing town facilities utilizing the most recent applicable data and construction cost index from the Engineering News Record for the Phoenix metropolitan area. In lieu of an automatic annual adjustment, the town may, at its option, determine the appropriate annual inflation factor for fire stations and fire apparatus, pursuant to the annual review process as set forth in Section 7-7-3 (B) of this article and amend the development fee in compliance with applicable state law. Provided, however, that nothing herein shall prevent the governing body of the town from electing to retain the existing Fire development fee or from electing to waive the inflation adjustment for any given fiscal year or years.

2.

3.

Ordinance 372-06 and amended by 373-06

BUILDINGS AND BUILDING REGULATIONS

ARTICLE 7-8 7-8-1 7-8-2 7-8-3 7-8-4 7-8-5

FIREPLACE REGULATIONS1

Definitions Installation Restrictions Fireplace or Woodstove Alterations Prohibited Permits Required Exemptions Definitions

Section 7-8-1

For the purposes of this Article, the following words and terms shall be defined as follows: A. Fireplace means a built-in-place hearth and fire chamber or a factory-built appliance, designed to burn solid fuel or to accommodate gas or electric log insert or similar device, and which is intended for occasional recreational or aesthetic use, not for cooking, heating, or industrial processes. Solid fuel includes but is not limited to wood, coal or other nongaseous or nonliquid fuels, including those fuels defined by the Maricopa County Air Pollution Control Office as inappropriate fuel to burn in residential woodburning devices. Woodstove means a solid-fuel burning heating appliance including a pellet stove, which is either freestanding or designed to be inserted into a fireplace. Installation Restrictions

B.

C.

Section 7-8-2

No person, firm or corporation shall construct or install a fireplace or a woodstove, and the building official shall not approve or issue a permit to construct or install a fireplace or a woodstove, unless the fireplace or woodstove complies with one of the following: A. B. A fireplace which has a permanently installed gas or electric log insert. A fireplace, woodstove or other solid-fuel burning appliance which has been certified by the United States Environmental Protection Agency as conforming to 40 Code of Federal Regulations Part 60, Subpart AAA as in effect on July 1, 1990. A fireplace, woodstove or other solid-fuel burning appliance which has been tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 Code of Federal Regulations Part 60, Subpart AAA as in effect on July 1, 1990. A fireplace, woodstove or other solid-fuel burning appliance which has been determined by the Maricopa County Air Pollution Control Office to meet performance standards equivalent to those adopted by 40 Code of Federal Regulations Part 60, Subpart AAA as in effect on July 1, 1990.

C.

D.

Ordinance 157-99

BUILDINGS AND BUILDING REGULATIONS

E. A fireplace which has permanently installed woodstove insert which complies with subsections B, C or D above.

Section 7-8-3 A.

Fireplace or Woodstove Alterations Prohibited

No person, firm or corporation shall alter or remove a gas or electric log insert or a woodstove insert from a fireplace for purposes of converting the fireplace to directly burn wood or other solid fuel. No person, firm or corporation shall alter a fireplace, woodstove or other solid-fuel burning appliance in any manner that would void its certification or operational compliance with the provisions of this Article.

B.

Section 7-8-4

Permits Required

In addition to the provisions and restrictions of this Article, construction, installation or alteration of all fireplaces, woodstoves and other gas, electric or solid-fuel burning appliances and equipment shall be done in compliance with provisions of the Construction Code and shall be subject to the permits and inspections required by the Construction Code.

Section 7-8-5

Exemptions

The following installations are not regulated by this Article and are not prohibited by this Article: A. B. C. Furnaces, boilers, incinerators, kilns and other similar space heating or industrial process equipment. Cookstoves, barbecue grills and similar appliances designed primarily for cooking. Fire pits, barbecue grills, and other outdoor fireplaces.

BUILDINGS AND BUILDING REGULATIONS

ARTICLE 7-9 7-9-1 7-9-2 7-9-3 7-9-4 7-9-5 7-9-6

PAVEMENT CUT REQUIREMENTS1

General Permit Requirements Cash Bond Requirements Backfill and Pavement Replacement Inspection Unauthorized Pavement Cuts General

Section 7-9-1

It is the Towns desire to require all utility crossings to be bored. If the Town Engineer approves an application for a street cut, the procedures outlined in this ordinance shall apply. Street cuts will generally not be approved unless they meet the following conditions: A. B. C. D. Major street maintenance or improvements to the road are scheduled within the next two years; The road was constructed, resurfaced or surface treated at least three (3) years ago; The road is in poor structural condition and has been approved for open cuts by the Town Engineer; There is no feasible alternative to cutting the street.

Section 7-9-2

Permit Requirements

The contractor directly responsible for the trench backfill and pavement replacement shall obtain and sign for the permit. A. B. The applicant shall call Arizona Blue Stake to identify any potential conflicts. The applicant shall submit the signed permit application, proof of liability insurance, two copies of detailed drawings and traffic control plans, and a certificate of quantities detailing and dimensioning the items being placed in the right-of-way. A completion date will be indicated on the permit. The contractor shall notify the Town Engineer 48 hours prior to start of construction. The permit may place restrictions on the time of day that work can be performed. Permit fees must be paid before the permit can be issued. In addition to processing and inspection fees specified in Chapter 7, Article 7-6 of the Town Code, pavement cuts require the deposit of a cash bond when the permit is issued. Cash Bond Requirements

C.

D.

Section 7-9-3
1

Ordinance 171-99

BUILDINGS AND BUILDING REGULATIONS

A cash bond shall be required for all permits issued for cuts on arterial or collector streets. The amount of the cash bond will be established by the Town based on $16.00 per square foot of pavement replacement plus $1000.00. The cash bond will have a maximum amount of $10,000.00. Separate cash bonds will be required for each utility requiring a street cut. Utility companies may be exempt from the cash bond if there is a franchise agreement in place that exempts these requirements. The permit holder may recover the bond after completion and acceptance of the work. If the work is not completed by the time designated on the permit or is not acceptable, the Town will notify the permit holder in writing. After five working days of the receipt of the notice, the Town may complete or correct the work, and the permit holder will forfeit the bond.

Section 7-9-4 A. 1. 2.

Backfill and Pavement Replacement

A Traffic Control Plan shall be submitted to the Town Engineer for approval at least 72 hours prior to initiating work in the right-of-way. The pavement shall be removed such that the edge of the pavement cut is outside of the wheel path. Backfill shall be in accordance with MAG Standard Detail 200, or as specified by the Town Engineer in the permit. Backfill shall begin immediately following completion of the utility work. Following completion of backfill, the trench shall be steel-plated or temporarily patched and the street opened to traffic. A permanent patch shall be placed within three (3) working days. The final pavement replacement shall be flush with the existing edges of the trench. The grade from one end of the trench to the other shall be smooth and straight with no more than one-quarter of an inch plus or minus deviation, but not both, measured in the direction of traffic flow. Pavement replacement shall match the existing street. The permit may require an overlay if the existing pavement surface is less than one year old. Where concrete slurry is used for backfill it shall be a one sack mix and paving may not begin until the moisture in the slurry has dissipated.

3.

4.

5. 6.

Section 7-9-5

Inspection

All work must be inspected and approved by the Town Engineer. The applicant shall guarantee all permitted work against defects in materials and quality for two years from the date it is accepted by the Engineering Department.

BUILDINGS AND BUILDING REGULATIONS

Section 7-9-6 Unauthorized Pavement Cuts

A permit to work in the right-of-way is not authorization to remove pavement, unless the street cut is specified in the permit. Street cuts made without prior approval are subject to having the entire street overlaid to a length specified by the Town Engineer at the contractors expense.

ARTICLE 7-10 Penalty Notwithstanding any provision of any building construction code adopted by reference herein, any person violating any provision of this chapter shall be guilty of a class one misdemeanor. ARTICLE 7-111 Plan Review By Independent Public Service Providers A. There is herby established an Independent Provider Fee (the ISP Fee), to be charged by the Town for the review of plans by Independent Service Providers. B. The Council will by resolution establish, and may from time to time amend the amount of the ISP Fee (including any administrative fees to be retained by the Town to defray the Towns expenses to coordinate the plan review process and collect the fee.) C. The ISP Fee established hereby shall be collected in the same manner and time as fees collected pursuant to Section 7-6 of the Town Code, and shall be transmitted (less an administrative fee to be retained by the Town to defray the Towns expenses to coordinate the plan review process and collect the fee) to the Independent Public Service Provider pursuant to the terms of an agreement approved by the Mayor and Common Council.

Ordinance 346-06 Revised 6/2010