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Home My WebLink AboutOrd 2003-12 ORDINANCE NO. 03-12 tiw AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING BY REFERENCE THE "2003 INTERNATIONAL BUILDING CODE," THE "2003 INTERNATIONAL MECHANICAL CODE,"THE "2002 NATIONAL ELECTRICAL CODE," THE "2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," THE "1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," THE "2003 INTERNATIONAL ENERGY CONSERVATION CODE," THE "2003 INTERNATIONAL FIRE CODE," THE "FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE," THE "2003 INTERNATIONAL RESIDENTIAL CODE," THE "1997 UNIFORM ADMINISTRATIVE CODE" AND THE "2003 INTERNATIONAL FUEL GAS CODE; AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE CODIFICATION OF SAME; AND SETTING AN EFFECTIVE DATE. WHEREAS, many neighboring communities have adopted the most current editions of the building codes; and WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") desires to bring uniformity to the building community and to prohibit unsafe construction procedures and materials; and WHEREAS, Chapter 7 of the Fountain Hills Town Code specifies the building construction codes that are to be followed in the Town of Fountain Hills (the "Town"); and WHEREAS, the Town Council desires to amend the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, to amend provisions relating to the codification of the previously adopted 1994 Uniform Building Code, 1994 Uniform Mechanical Code, 1994 edition of the International Fire Code, including the Fountain Hills Fire Department Amendments to the 1994 International Fire Code, 1994 Uniform Swimming Pool, Spa and Hot Tub Code, 1993 National Electrical Code, and 1994 edition of the Uniform Code for the Abatement of Dangerous Buildings to adopt the most current editions of the building codes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That, pursuant to Aurz. REV. STAT. § 9-802, those certain documents known as the "2003 International Building Code," the "2003 International Mechanical Code," the "2002 National Electrical Code," the "2000 Uniform Swimming Pool, Spa and Hot Tub Code," the "1997 Uniform Code for the Abatement of Dangerous Buildings," the "2003 International Energy Conservation Code," the "2003 International Fire Code," the "Fountain Hills Amendments to the 2003 International Fire Code," the "2003 International Residential Code," the "1997 Uniform Administrative Code" and the "2003 International Fuel Gas Code" (the"Technical Codes") three copies of which are on file in the office of the Town Clerk and are available for public use and inspection during normal business hours, which documents were 9196.001\Code amend-building.ord.v2.doc 7-31-03-1 made public records by Resolution 2003-31, are hereby referred to, adopted and made a part Le. hereof as if fully set forth in this Ordinance. SECTION 2. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-1, Technical Codes, Section 7-1-1, Adoption by Reference; Violations, is hereby amended as follows: A. The following listed publications, three copies of which are on file in the office of the town clerk and which are available for public inspection during normal business hours, are hereby adopted by reference, together with all appendices and supplements thereto, as if set out at length in this code. 1. The Uniform INTERNATIONAL Building Code, 1991 2003 Edition and all supplements, Volumes 1, 2 and 3,except the following: a. Work Exempt from Permit With the following amendment to section 106.2 105.2: 2,105.2.2: Fences not over thirty(30) inches high. 5 105.2.4: Retaining walls which are not over two (2) feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 44-105.2.9: Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and with the container being eighteen (18) inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis. b. Certificate of Occupancy DELETE SECTION 3109, SWIMMING POOL ENCLOSURES, IN ITS ENTIRETY Delete L exception" of� et•o„ 109 1 its entirety Y v.vw vwvrc e c. Guardrail] With the f llowi„g ena t t t 509 1 A e amen s t s` p prl'r- hic-r reads is the building official or his d„l y a„thorize.1 ntativ, a d. Safety Glazing 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 2 Amend section 2406.4, paragraph 9.2 as fellows: tileaw 9.2 The glazing is within five (5)-feet (525mm) of the water's ea i✓lrJ 11 2. The UnfINTERNATIONAL Mechanical Code, 1991 2003 Edition and all supplements, as published by the International Conference of Building Officia, CODE COUNCIL. 3. The National Electrical Code, 1993 2002 Edition and all supplements, including the Tow., of Fountain Hill, n a . th 1 9-3 N t• Ei a * aaa c-l n as vvac published by the National Fire Protection Association. 4. The Uniform Swimming Pool, Spa and Hot Tub Code, 1991 2000 Edition and all supplements, Section 1.7 is deleted. AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. 5. The Uniform Code for the Abatement of Dangerous Buildings, 1991 1997 Edition and all supplements, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. 6. The Uniform Plumbing Code, 1994 Edition and all supplements, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, with the following exceptions AMENDMENT: Section 102.3.2 is deleted. SECTION 301.2, ALTERNATIVE MATERIALS AND METHODS. A NEW PARAGRAPH IS ADDED AT THE END OF THE SECTION, WHICH READS, "THE TOWN OF FOUNTAIN HILLS RECOGNIZES THE 2003 EDITION OF THE INTERNATIONAL PLUMBING CODE, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AS AN APPROVED ALTERNATE, AND IT MAY BE USED AS A STAND- ALONE CODE WHEN ALL PROVISIONS ARE APPLIED TO THE DESIGN AND CONSTRUCTION OF A PARTICULAR PERMIT APPLICATION WITH PRIOR APPROVAL OF THE BUILDING OFFICIAL." 7. The Maricopa Association of Governments Standard Specifications and Uniform Details for Public Works Construction. 8. THE INTERNATIONAL ENERGY CONSERVATION CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. 9. THE INTERNATIONAL FIRE CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 3 COUNCIL, INCLUDING THE FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE. 10. THE INTERNATIONAL RESIDENTIAL CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL,EXCEPT THE FOLLOWING: A. WORK EXEMPT FROM PERMIT WITH THE FOLLOWING AMENDMENT TO SECTION R105.2 105.2.2: FENCES NOT OVER THIRTY (30)INCHES IN HEIGHT. 105.2.3: RETAINING WALLS WHICH ARE NOT OVER TWO (2) FEET IN HEIGHT, MEASURED FROM THE BOTTOM OF THE FOOTING TO THE TOP OF THE WALL, UNLESS SUPPORTING A SURCHARGE OR IMPOUNDING FLAMMABLE LIQUIDS. 105.2.7: PREFABRICATED SWIMMING POOLS ACCESSORY TO A GROUP R, DIVISION 3 OCCUPANCY IN WHICH THE POOL WALLS ARE ENTIRELY ABOVE THE ADJACENT GRADE AND WITH THE CONTAINER BEING EIGHTEEN (18) INCHES OR MORE IN DEPTH AND/OR WIDER THAN EIGHT (8) FEET AT ANY POINT MEASURED ON THE LONG AXIS. 11. ONLY SECTION 304 AND THE REFERENCED TABLES 3-A THROUGH 3- H OF THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. 12. THE INTERNATIONAL FUEL GAS CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. SECTION 3. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-2, Fees, is hereby amended as follows: A. The UNIFORM ADMINISTRATIVE CODE, 1997 Edition, Volume 1, Section 107, TableS 4-A 3-A THROUGH 3-H, , shall be adopted, except that the permit fees for new single-family and two-family dwellings shall be a single fee, containing structural, architectural, electrical, mechanical and plumbing systems, and shall be $0.41 $0.45 per square foot or major fraction thereof of the total 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 4 floor area under THE roof, including covered patios, basement and all area enclosed within the building walls and roof overhangs. B. The permit fee for new structures, except for new single-family and two-family dwellings, and for all renovation, remodeling and repairs, shall be based upon the valuation of the construction for which the permit is issued based on Table 4-A 3-A. D. Plan Review Fees. When a plan or other data FOR NEW SINGLE-FAMILY AND TWO-FAMILY DWELLINGS is required to be submitted by Section 106.3.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be paid as follows: (1) for single-family and two-family dwellings, $0.26 $0.30 per square foot; (2) for all structures other than single-family or two-family dwellings, sixty fivo %65 pereent of the permit fee. SECTION 4. That the Fountain Hills Town Code, Chapter 7, Buildings and Building • Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-1, Definitions, is hereby amended as follows: C.• "Fire Department" epartment means •tie e—Depaftinefitre e THE TOWN OF FOUNTAIN HILLS FIRE DEPARTMENT. D. "NICET" means the National Institute for the Certification of Engineering Technologies, 1420 King Street, Alexander, Va. 22314-2915. E. "Uniform Fire Code" means the Uniform Fire Code, 1994 Edition. "INTERNATIONAL FIRE CODE" MEANS THE INTERNATIONAL FIRE CODE, 2003 EDITION INCLUDING THE FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE. F. "HILLSIDE LANDFORM AREA" MEANS ANY PARCEL OF LAND OR PORTION THEREOF WITH SURFACE SLOPE THAT CAN EASILY EXCEED 15 PERCENT WHERE MAJOR COLT.FCTOR STREETS HAVE A MAXIMUM GRADE OF 9 PERCENT, AND MINOR AND LOCAL COT.T.FCTOR STREETS HAVE A MAXIMUM GRADE OF 12 PERCENT AND LOCAL RESIDENTIAL STREETS HAVE A MAXIMUM GRADE OF 15 PERCENT. SECTION 5. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-2, Adoption, is hereby amended as follows: 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 5 • The Uniform INTERNATIONAL Fire Code, 1991 2003 Edition, Volumes 1 ana 2 published by the Internation l Fire Code Instituted, and all appendices thereto, including the Fountain Hills Fire sfiri' endment—to thd 199A T T .f F• a , AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE, three copies of which are on file in the office of the town clerk, and are available for public use and inspection during normal business hours, are hereby referred to, adopted and made part hereof as if fully set out in this code. Exceptions: 1. UFC IFC Appendices I C, II B, II D, IV A, VI D B, E, F AND G are adopted as code. 2. UFC IFC Appendices II F, III A and III B aro APPENDIX A IS deleted from adoption. 3. IFC APPENDICES C AND D ARE ADOPTED BY REFERENCE. SECTION 6. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-3, Automatic Fire Extinguishing Systems, is hereby deleted in its entirety and replaced with the following: A. AUTOMATIC FIRE EXTINGUISHING SYSTEMS SHALL BE INSTALLED AS REQUIRED BY SECTION 903.2 OF THE FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE. B. EFFECTIVE DATE. THE REQUIREMENTS OF THIS SECTION SHALL APPLY TO ALL REQUESTS FOR BUILDING PERMITS FILED WITH THE TOWN BEGINNING ON MONDAY,JANUARY 1, 1996. SECTION 7. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-5, Penalty, is hereby amended as follows: C. Civil Violation; Commencement of Action. 5. Minor civil citations may be issued for non-compliance with the amended UnifemANTERNATIONAL Fire Code. SECTION 8. That, except as set forth below, any person found guilty of violating any provision of the Technical Codes shall be guilty of a class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Any person found guilty of violating any provisions of the 2003 International Fire Code or the "Fountain Hills Amendments to the 2003 International Fire Code" shall be subject to a civil sanction for the first such violation and, for a subsequent violation thereof, shall be guilty of a class one misdemeanor, punishable by a fine not to exceed$2,500.00 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 6 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. SECTION 9. This ordinance shall become effective at 12:01 a.m. on February 9, 2004. SECTION 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,August 7,2003. FOR THE T 0 OUNTAIN HILLS: ATTESTED TO: .J. Nic s, May evelyn J. Ben r,T n Clerk .............. REVIEW D1$ ': APPROVED AS TO FORM:0 Zee- Tim . Pickering,Town Mana Andrew J. McGuire,Town Attorney • 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 7