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HomeMy WebLinkAbout05/09/2006 Blue Sheet Town Code Title 7 Building Proposed Amendments TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 9, 2006 TOWN OF MARANA AGENDA ITEM: C.2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Discussion and direction concerning proposed Town Code Title 7 (Building) revisions. DISCUSSION This item is a discussion of a proposed clean-up of Town Code Title 7 (Building) to conform to the current practice of the Building Department. Various national code book references have been corrected and updated, including the elimination of the 1994 Uniform Plumbing Code in favor of the Arizona State Plumbing Code, as required by A.R.S. S 9-805. These revisions also update the titles of other officials in the Building Department, simplify the administrative appeal process, and clarify the application requirements for building permits. The proposed ordinance would also extend and revise the solar energy credit program. As origi- nally adopted by Ordinance No. 2001.23, the Town authorized both a solar energy utilization and water conservation credit, and provided for the credits to sunset on December 18, 2004, or upon reaching cumulative credits of $300,000. This proposed ordinance will revise the program to eliminate credits for water conservation measures, and retroactively extends the sunset to May 1, 2008, or when cumulative credits total $300,000. Finally, the proposed ordinance would clean up Chapter 7-5 to eliminate a gasoline pump provi- sion that is covered in the codes adopted by reference, clarifies the sewage disposal provision, and requires portable toilets and trash containment on construction sites. This item was originally anticipated to be presented to the Council earlier this year, but was de- layed pending the preparation of a civil town code enforcement ordinance (referenced in this proposed revision). The civil town code enforcement ordinance is also on tonight's study session agenda for discussion. RECOMMENDATION Staff recommends authorization to bring these proposed Town Code Title 7 (Building) revisions to Council for adoption concurrently with the civil town code enforcement ordinance. ATTACHMENT(S) Marana Town Code Title 7 as it would appear after the adoption of these proposed Town Code Title 7 (Building) revisions. SUGGESTED MOTION I move to direct staff to bring these proposed Town Code Title 7 (Building) revisions to Council for adoption concurrently with the civil town code enforcement ordinance. {00002035.DOC /} FJC/cds 5/3/200610:34 AM MARANA ORDINANCE NO. 2006.XX RELATING TO BUILDING; ADOPTING BY REFERENCE THE ARIZONA STATE PLUMBING CODE, THE 1997 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, AND THE 2003 MARANA OUTDOOR LIGHTING CODE; REMOVING REFERENCE TO CERTAIN NO LONGER APPLICABLE CODES; CLARIFYING BUILDING CODE APPLICATION, ENFORCEMENT AND APPEALS PROCEDURES; READOPTING THE SOLAR ENERGY UTILIZATION AND WATER CONSERVATION CREDIT PROGRAM; ADDING SPECIAL CONSTRUCTION SITE REQUIREMENTS RELATING TO SEWER WASTE DISPOSAL, SANITATION AND TRASH; MAKING CONFORMING CORRECTIONS; AMENDING MARANA TOWN CODE TITLE 7 BY REVISING SECTIONS 7-1-2, 7-1-4, 7-1-5, 7-1-6, 7-2-1 AND 7-5-2; READOPTING AND REVISING CHAPTER 7-4; DELETING SECTION 7-5-1 RELATING TO LOCATION OF GASOLINE PUMPS; ADDING 7-5-2; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Town is authorized by A.R.S. S 9-467 to require building permits; and WHEREAS the Town is authorized by A.R.S. S 9-802 to adopt codes and public records by reference; and WHEREAS the Town Council finds that the building code regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 7-1-2 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinin!!): Section 7-1-2 Building codes adopted A. The Marana building code, codified in this title, adopts by reference the 2000 International Building Code as amended, of the International Code Council, together with the following code documents: 1. The 1997 Uniform /\dministmtivo Code, with amondments; 6- The Arizona state 1991 Uniform plumbing code, with amendments; 2..~ The 2000 international residential code, with amendments; 3..4,. The 2000 international mechanical code, with amendments; 4...& The 2000 international property maintenance code, with amendments; 5Jh The 1999 national electric code, with amendments;...and. {OOOO 1921.DOC / 3) - 1 - 5/3/200610:41 AM FJC 6...+-:- The 1997 international Uniform fire code, with amendments,!,~ 8. The .^.pril 2000 building valuation data as oompilod and publishod by the in tornational Conferenoe of Building Offioials as the basis for the permit foe sohedule. B. The Marana building code adopts by reference the following local ordinances and codes by reference: 1. The 1996 Tucson/Pima Countv spa/pool code; 2. The 2003 Marana 49ge-0utdoor lighting code. SECTION 2. Section 7-1-4 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeo1::lts and additions shown with double underlinim!): Section 7-1-4 Building official designated The building official, or his or her duly authorized representative, is the authority charged with the administration and enforcement of the Marana building code. The building official may appoint an assistant buildina official. insoection team leaders a ohief plans examiner, a ohiof building inspeotor, a ohiof eleotrioal in speotor, a ohief mechanical inspootor, a ohief plumbing inspootor, and other re lated teohnioal offioors and inspeotors and other employees as shall be author- ized from time to time. SECTION 3. Section 7-1-5 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeol:lts and additions shown with double underlinin!!): Section 7-1-5 Violation a civil infraction It shall be a civil infraction for any person, firm or corporation to violate any of the provisions of this title. Civil infractions shall be enforced as orovided in chao- ter 5-7 of this codethrough the hearing offioer prooedure provided by AR.S. S 9 462.08. Penalties for oivil infmotions shall not exoeed the amount of the maximum fine for a olaGs 2 misdemeanor. Each day a violation continues shall be considered a separate offense. SECTION 4. Section 7-1-6 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinin!!): Section 7-1-6 Administrative appeal process A. Whenever a violation of this building code is determined, whether during con- struction or at the plan review stage, and the applicant wishes to appeal the decision of the staff because of code interpretation, unreasonable hardship or other acceptable reasons, the applicant may appeal to the building official~ hearing oommittee as follows: 1. The applicant shall file a written appeal on the forms provided by the build- ing official, on or beforo Friday of the weel< of the violation, no later than 4 :30 p.m. If the buildina official rules in favor of the aoolicant. the issue is closed. 2. The appeal '/lill be heard by the hearing oommittee v.<ithin seven days, at a speoified time. d. The hearing oommittee shall oonsist of tho building offioial, an inspeotion supervisor, and the appropriate plans examiner. I\t the disor{)tion of the {00001921.DOC 13} - 2 - 5/3/200610:41 AM FJC building offioial, additional inspeotorn or other teohnioal persons may be added for a partioular appeal. 1. ,^.dequate information shall be provided by the applioant to fully desoribe the oonditions in question. 5. The applioant may, but is not required to, pernonally attend the hearing oommittee meeting. &,-If an appeal is denied by the buildina officialhearing oommittee, the appli- cant shall either comply with the decision or appeal to the board of aooeals in accordance with the buildina codeadvisol)' board of tho 10>111'1. SECTION 5. Section 7-2-1 is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininl!): Section 7-2-1 Application requirements A. Any person, partnership, firm or corporation desiring to construct, erect", enlarae. substantiallv modifv or move any residential building or mobile home or assooiatod outbuilding where the building or mobile home oontains more than one hundrod twenty square foet and unattaohed to any Q1ber..structure.,..eF desiring to enlarge or substantially modify any residential building or mobile home where the work will involve an area of more than one hundFOd w.'enty squaro foet and unattaohed to any struoturo, shall first make application for a building permit to the building department and shall not commence that con- struction without first obtaining a building permit from the town. B. I\ny pernon, firm or oorporation desiring to oonstruot any additions to an exist ing struoture regardless of the sizo of the addition or struoture shall first make applioation to the building department for a building permit and shall not un dertake that oonstruotion, enlargement or mo'.'ement .....ithout first obtaining a building permit from the town. G,-Any person, oartnershio. firm or corporation desiring to erect, construct, enlarge, move or substantially modify any commercial, industrial, quasi-public or public building or structure shall first make application to the building de- partment for a separate building permit for each building or structure and shall not undertake that construction, enlargement", ef-movement or modification without first obtaining a building permit from the town. ,Q,g.. All applications for a building permit shall be accompanied by plans which have been drawn to scale and which show the actual dimensions of the lot to be built upon, the size and location of existing buildings, if any, the building to bo ereoted, enlargod, modified or moved, the looation and layout of the struo t-I:IfeS with respect to front, rear and side property lines, and the location and layout of proposed off-street parking areas. Q4. Plans submitted for new oonstruotion or enlargement shall provide sufficient details of proposed structural features, and electrical, plumbing, and mechani- cal installations for review by the town plans examiner to permit evaluation of their adequacy by the town building inspector. E. The term, "substantially modify" means the installation or removal of any inte- rior or exterior wall or the addition or replacement of an amount of eleotrioal wiring or plumbing equal to 25% or more of the installation in the modified {00001921.DOC / 3} - 3 - 5/3/200610:41 AM FJC building or strllotllr{)anv element of a olumbina. mechanical or electrical svs- tem. F. 'Nhen a building permit is issued for a struoture on a lot that is not on a dedi oated Gtreet or '"hioh is not ser-'ed by a se.....er system operated by Pima County or the town, a statement to that e#eot "'Jill be plaoed on the building permit before issuanoe. SECTION 6. The December 18, 2004 sunset date of Chapter 7-4 adopted by Ordinance No 2001.23 is hereby retroactively extended through May 1, 2008 or until the cumulative credits provided by the Town under Chapter 7-4 total $300,000, and Chapter 7-4 is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinimr): Chapter 7-4 SOLAR ENERGY UTILIZATION & WATER CONSiRVATION CREDIT Section 7-4-1 Purpose The purpose of this chapter is to encourage the use of solar energy utilization and Vo'ilter oonservation within the town by reducing the permit fee for permits in accordance with the currently adopted permit fee schedule. Section 7-4-2 Credit program A. All single family residences within the town are eligible to apply for solar en- ergy utilization and ",'ilter oonsor-'ation credits. Approval by the building official will be based on the nature of the technologies to be used and if appropriate for the site. B. Solar utilization for new construction will include photo voltaic generation, whole house water heating and active solar heating. Passive solar heating will be considered when designed and certified by a professional engineer. C. Water oonsorvation measures for new oonGtrllotion 'NiII inolude whole house gray water irrigation systems. G-:-Existing single family residences may add single souroe gray wDtor systems, solar heating systems, .aru;Lphoto voltaic systems, intermittent moirolllators for hot Vo'Dter and water har-'esting systems. .D..e.: Other systems not mentioned above may be evaluated by the building offi- cial to receive credit. Decisions regarding credits may be appealed to the town manager. E..~ The installations shall be reviewed and inspected per the building codes. If the applicant fails to install the system, the credits given shall be paid to the town. The system shall be considered not installed if at the time of intermedi- ate inspections the system is not mughed in or at final inspections the system is not operational. Final utility installation shall not be appmved until the fee is paid or the system is installed and approved. SECTION 7. Chapter 7-5 is hereby revised as follows (with deletions shown with stfllre- ems and additions shown with double underlinin!!): {OOOO 1921.DOC / 3} - 4- 5/3/200610:41 AM FJC Chapter 7-5 SPECIAL CONSTRUCTION SITE ADDITIONJ\l BUilDING REQUIREMENTS Section 7 5 1 leGation of gasoline pumps Gasolino pump islands and similar faoilities for the dispensing of flammable ma terials, inoluding diesel fuel, propane, and butane, shall bo Get baok not leGs than eighteen foet from any street right of way line to whioh the pump island is per pendioular and not less than tv.'elve foet from any street right of way line to '.vhioh the pump island is parallel, and not less than twelve foet from the pr{)perty line of any roGidential lot. If the pump island is sot at an angle on its lot, it shall be GO looated that motor ',ehioles stopped for servioe shall not extend over the property line of the lot. In no oase shall pumps be set oloser than t\'w'el'le foet to any side or rear lot line. Lots from whieh gasoline or similar flammable fluids are dispensed to oustomeFG at retail or wholesale shall be not less than seventy five foet in 'Nidth or less than ono hundred foet in length. All approaohes to gasoline pumps or similar faoilities shall be paved to a distanoe of no less than oighteen foet from the pump!:: or to the nearest property line, 'Nhiohover distanoe is smaller. Section 7-5-~ Sewaae 'ftlaste disposal A.....Sewerage !::ystems and/or s~eptic tank systems shall be constructed in accor- dance with the standards of the Arizona department of health services and the Pima County health department, with compliance with those standards to be certified by the appropriate state or county agency or the town engineer. B. Sewer systems shall be reviewed under the adooted olumbina code. Pima County wastewater manaaement deoartment. and Pima County deoartment of environmental aualitv in accordance with local and state reaulations All connections to any sewer system must be aooroved in writina bv Pima County wastewater manaaement deoartment orior to a buildina oermit beina issued. Pima County may waive this reauirement when reauested bv the buildina offi- cial. Section 7-5-2 Sanitation and trash A. Each construction site shall be orovided with one oortable toilet oer site or one for everY 15 workers in a commercial site or subdivision. Work oerformed on a residence bv or under contract with the owner is exemot. B. Construction debris shall be contained and controlled on each construction site. A roll-off or similar container shall be orovided at each site. The oermit holder shall collect debris that has blown off the construction site. Debris shall not be buried on site and shall be removed to a solid waste landfill reaistered with the Arizona deoartment of environmental aualitv oursuant to A.R.S. & 49-747. SECTION 8. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. {OOOO 1921.DOC / 3} - 5 - 5/3/200610:41 AM FJC SECTION 10. This ordinance shall become effective on the 15th day of June, 2006. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of May, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00001921.DOC / 3} - 6- 5/3/200610:41 AM FJC CHAPTER 7-1 CHAPTER 7-2 CHAPTER 7-3 CHAPTER 7-4 CHAPTER 7-5 BUI LDI NG CO DES......................................................................................................... 1 BUI LDI NG PERMITS .......... ........................................................................................... 2 [RESERVED]......................................................................................... ............ ............. 2 SOLAR ENERGY UTILIZATION CREDIT ..................................................................... 3 SPECIAL CONSTRUCTION SITE REQUIREMENTS ................................................... 3 {OOO01967.DOC/2} TITLE 7. BUILDING Chapter 7-1 BUILDING CODES Section 7-1-1 Purpose A. The Marana building code shall have the following purposes: 1. Regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the jurisdiction; 2. Provide for the issuance of permits and collection of fees; 3. Provide for a building codes advisory board; 4. Provide for penalties for the violation of building codes. Section 7-1-2 Building codes adopted A. The Marana building code, codified in this title, adopts by reference the 2000 International Building Code as amended, of the International Code Council, together with the following code documents: 1. The Arizona state plumbing code; 2. The 2000 international residential code, with amendments; 3. The 2000 international mechanical code, with amendments; 4. The 2000 international property maintenance code, with amendments; 5. The 1999 national electric code, with amendments; and 6. The 1997 international fire code, with amendments. B. The Marana building code adopts by reference the following local ordinances and codes by reference: 1. The 1996 Tucson/Pima County spa/pool code; 2. The 2003 Marana outdoor lighting code. Section 7-1-3 Copies on file Three copies of the Marana building code are on file in the office of the town clerk and available for public inspection during regular working hours. Section 7-1-4 Building official designated The building official, or his or her duly authorized representative, is the authority charged with the administration and enforcement of the Marana building code. The building official may appoint an assistant building official, inspection team leaders and other employees as shall be authorized from time to time. Section 7-1-5 Violation a civil infraction It shall be a civil infraction for any person, firm or corporation to violate any of the provisions of this title. Civil infractions shall be enforced as provided in chapter 5-7 of this code. Each day a violation continues shall be considered a separate offense. MARANA TOWN CODE {OOO01967.DOC/2} 7-1 Title 7 was adopted by Ordinance No. 95.32 Section 7-1-2 was adopted by Ordinance No. 2001.04 and revised by Ordinance No. 2006.XX. For prior history, see Ordinance Nos. 95.32 and 96.34. Section 7-1-4 was revised by Ordinance No. 2006.XX Section 7-1-5 was revised by Ordinance No. 2006.XX 6/15/2006 Section 7-1-6 Administrative appeal process A. Whenever a violation of this building code is determined, whether during construction or at the plan review stage, and the applicant wishes to appeal the decision of the staff because of code interpretation, unreasonable hardship or other acceptable reasons, the applicant may appeal to the building official as follows: 1. The applicant shall file a written appeal on the forms provided by the building official. If the building official rules in favor of the applicant, the issue is closed. 2. If an appeal is denied by the building official, the applicant shall either comply with the decision or appeal to the board of appeals in accordance with the building code. Chapter 7-2 BUILDING PERMITS Section 7-2-1 Application requirements A. Any person, partnership, firm or corporation desiring to construct, erect, enlarge, substantially modify or move any residential building or mobile home or other structure shall first make application for a building permit to the building department and shall not commence that construction without first obtaining a building permit from the town. B. Any person, partnership, firm or corporation desiring to erect, construct, enlarge, move or substantially modify any commercial, industrial, quasi-public or public building or structure shall first make application to the building department for a separate building permit for each building or structure and shall not undertake that construction, enlargement, movement or modification without first obtaining a building permit from the town. C. All applications for a building permit shall be accompanied by plans which have been drawn to scale and which show the actual dimensions of the lot to be built upon, the size and location of existing buildings with respect to front, rear and side property lines, and the location and layout of proposed off-street parking areas. D. Plans shall provide sufficient details of proposed structural features, and electrical, plumbing, and mechanical installations for review by the town plans examiner to permit evaluation of their adequacy by the town building inspector. E. The term "substantially modify" means the installation or removal of any interior or exterior wall or the addition or replacement of any element of a plumbing, mechanical or electrical system. Chapter 7-3 [RESERVED] MARANA TOWN CODE {OOO01967.DOC / 2} 7-2 Section 7-1-6 was revised and simplified by Ordinance No. 2006.XX. Section 7-2-1 was revised by Ordinance No. 2006.XX. Chapter 7-3, formerly entitled "fees," was superseded by Ordinance No. 2005.16, which adopts various development-related fees by separate ordinance. See Ordinance Nos. 82.05 and 89.10 for Drior historv. 6/15/2006 Chapter 7-4 SOLAR ENERGY UTILIZATION CREDIT Section 7-4-1 Purpose The purpose of this chapter is to encourage the use of solar energy utilization within the town by reducing the permit fee for permits in accordance with the currently adopted permit fee schedule. Section 7-4-2 Credit program A. All single family residences within the town are eligible to apply for solar energy utilization credits. Approval by the building official will be based on the nature of the technologies to be used and if appropriate for the site. B. Solar utilization for new construction will include photo voltaic generation, whole house water heating and active solar heating. Passive solar heating will be considered when designed and certified by a professional engineer. C. Existing single family residences may add solar heating systems and photo voltaic systems. D. Other systems not mentioned above may be evaluated by the building official to receive credit. Decisions regarding credits may be appealed to the town manager. E. The installations shall be reviewed and inspected per the building code. If the applicant fails to install the system, the credits given shall be paid to the town. The system shall be considered not installed if at the time of intermediate inspections the system is not roughed in or at final inspections the system is not operational. Final utility installation shall not be approved until the fee is paid or the system is installed and approved. Chapter 7-5 SPECIAL CONSTRUCTION SITE REQUIREMENTS Section 7-5-1 Sewage disposal A. Septic tank systems shall be constructed in accordance with the standards of the Arizona department of health services and the Pima County health department, with compliance with those standards to be certified by the appropriate state or county agency or the town engineer. B. Sewer systems shall be reviewed under the adopted plumbing code, Pima County wastewater management department, and Pima County department of environmental quality in accordance with local and state regulations. All connections to any sewer system must be approved in writing by Pima County wastewater management department prior to a building permit being issued. Pima County may waive this requirement when requested by the building official. Section 7-5-2 Sanitation and trash A. Each construction site shall be provided with one portable toilet per site or one for every 15 workers in a commercial site or subdivision. Work performed on a residence by or under contract with the owner is exempt. MARANA TOWN CODE (OOO01967. DOC / 2) 7-3 Chapter 7-4 was adopted by Ordinance No. 2001.23 and amended by Ordinance No. 2006.XX to remove water conservation credit. Chapter 7-4 sunsets on May 1,2008 or when cumulative credits of $300,000 are given. Chapter 7-4 was revised by Ordinance No. 2005.22. Former chapter 7-4 ("Fiber Optics code') was deleted by Ordinance No. 99.28. Ordinance No. 2005.22 amended section 7-4-1 by adding the section number and heading and correcting a reference to now- superseded chapter 7-3 relating to fees. Ordinance No. 2006.XX removed the words "and water conservation" Ordinance No. 2005.22 amended section 7-4-2 by adding the section number and heading and inserting "town manager" for "development services director". Ordinance No. 2006.XX removed various references to water conservation credits Ordinance No. 2006.XX renamed Chapter 7-5 from "additional building requirements" and deleted section 7-5-1 entitled "location of gasoline pumps" Ordinance No. 2006.XX renumbered and renamed Section 7-5-1, deleted "sewerage systems and/or" from the beginning of paragraph A and added paragraph B Section 7-5-2 was added by Ordinance No. 2006.XX. 6/15/2006 B. Construction debris shall be contained and controlled on each construction site. A roll-off or similar container shall be provided at each site. The permit holder shall collect debris that has blown off the construction site. Debris shall not be buried on site and shall be removed to a solid waste landfill registered with the Arizona department of environmental quality pursuant to A.R.S. ~ 49-747. MARANA TOWN CODE {OOO01967.DOC/2} 7-4 6/15/2006