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HomeMy WebLinkAbout06/06/2006 Blue Sheet Building Code Ordinance TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 6, 2006 TO: FROM: SUBJECT: AGENDA ITEM: J. 11 MAYOR AND COUNCIL Frank Cassidy, Town Attorney Ordinance No. 2006.16: Relating to Building; adopting by refer- ence the Arizona State Plumbing Code, the 1997 Uniform Fire Code, with amendments, and the 2003 Marana Outdoor Lighting Code; removing reference to certain no longer applicable codes; clarifying building code application, enforcement and appeals procedures; readopting the solar energy utilization and water con- servation credit program; adding special construction site re- quirements relating to sewer waste disposal, sanitation and trash; making conforming corrections; amending Marana town code ti- tle 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 section 7-5-2; and providing an effective date. DISCUSSION This ordinance is a clean-up of Town Code Title 7 (Building) to conform to the current practices of the Building Codes Department. Various national code book references have been corrected and updated, including the elimination of the 1994 Uniform Plumbing Code in favor of the Ari- zona State Plumbing Code, as required by A.R.S. ~ 9-805. These revisions also update the titles of other officials in the Building Codes Department, simplify the administrative appeal process, and clarify the application requirements for building permits. This ordinance extends and revises the solar energy credit program. As originally adopted by Ordinance No. 2001.23, the Town authorized both a solar energy utilization and water conserva- tion credit, and provided for the credits to sunset on December 18, 2004, or upon reaching cumu- lative credits of $300,000. This ordinance revises the program to eliminate credits for water con- servation measures, and retroactively extends the sunset to May 1, 2008, or when cumulative credits total $300,000. Finally, this ordinance clears up Chapter 7-5 to eliminate a gasoline pump provision that is cov- ered 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 agenda for adoption. {00002169.DOC /} FC/cds 5/26/06 RECOMMENDATION Staff recommends adoption of Ordinance No. 2006.16, amending Town Code Title 7 (Building). ATTACHMENT 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 adopt Ordinance No. 2006.16. {00002169.DOC /} FC/cds 5/26/06 MARANA ORDINANCE NO. 2006.16 RELATING TO BUILDING; ADOPTING BY REFERENCE THE ARIZONA STATE PLUMBING CODE, THE 1997 UNIFORM 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 SECTION 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 underlininl!): 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. Tho 1997 Unif-orm ,^,dministmtivo Codo, \'..ith ::lmondmonts; b- The Arizona state 1991 Uniform plumbing code, with amondmonts; 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 192 I. DOC / 3} - 1 - 5/3/200610:41 AM FJC 6...7:- The 1997 uniform fire code, with amendments"i 8. Tho April 2000 building valuation data as compilod and publishod by tho in ternational Conforonco of Building Officials as tho basis f-or tho pormit foo schodulo. B. The Marana building code adopts by reference the following local ordinances and codes by reference: 1. Ib.EL 1996 Tucson/Pima Countv spa/pool code; 2. The 2003 Marana ~utdoor lighting code. SECTION 2. Section 7-1-4 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininl!): 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 chiof plans oxaminor, a chiof building inspoctor, a chiof oloctrical in spoctor, a chiof mochanical inspoctor, a chiof plumbing inspoctor, and othor ro latod tochnical officors and inspoctors 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 strikeouts and additions shown with double underlininl!): 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 tho hoaring officer procoduro pro','idod by AR.8. S 9 462.08. Ponaltios for civil infractions shall not oxcood tho amount of tho maximum fino for a class 2 misdomoanor. 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 underlininl!): 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~ hoaring committoo as follows: 1. The applicant shall file a written appeal on the forms provided by the build- ing official, on or bofore Friday of tho wook of tho violation, no lator than 4:30 p.m. If the buildina official rules in favor of the aoolieant. the issue is closed. 2. Tho appoal will bo hoard by tho hoaring committoo \'vithin sO'/on days, at a spocifiod timo. {00001921.DOC 13} - 2 - 5/3/200610:41 AM FJC 3. The he:::lring oommittee sh:::lll consist of the building official, :::In inspection supervisor, and the appropri:::lte pbns eX:::lminer. .'\t the discretion of the building officbl, additional inspectors or other teohnical persons m:::lY be :::ldded f-or :::l particular :::lppeal. 4. ,^,dequ:::lte information shall be provided by the :::lpplicant to fully describe the conditions in question. 5. The applioant may, but is not required to, person:::llly attend the hearing committee meeting. Eh-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 codead'/isory bO:::lrd of the to...:n. SECTION 5. Section 7-2-1 is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinim!): 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 :::lssooiated outbuilding where the building or mobile home contains more than one hundred t\venty square f-oet and unattached to :::lny Q1b.eLstructure, or desiring to enlarge or substantblly modify any residenti:::ll building or mobile home ....(here the 'Nork .....ill involve :::In are:::l of more than one hundred twenty squ:::lre feet and unatt:::lched to any structure, 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. Any person, firm or corpor:::ltion desiring to construct any additions to an exist ing structure regardless of the size of the addition or structure shall first make :::lpplic:::ltion to the building department for a building permit :::lnd shall not un dertake that construction, enlargement or movement without first obtaining :::l building permit from the tm.vn. 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. eG. 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 :::lny, the building to be erected, enlarged, modified or moved, the location and layout of the struc ttH=es with respect to front, rear and side property lines, and the location and layout of proposed off-street parking areas. .04-. Plans submitted for nO'.v construotion or enlargement shall provide sufficient details of proposed structural features, and electrical, plumbing, and me- chanical installations for review by the town plans examiner to permit evalua- tion 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 :::lmount of electrical {OOOO 1921.DOC / 3} - 3 - 5/3/2006 10:41 AM FJC wiring or plumbing oqual to 25% or moro of tho installation in tho modifiod building or structuroanv element of a olumbina. mechanical or electrical svs- tem. F. Whon a building pormit is issuod for :3 structuro on :3 lot th:3t is not on a dodi catod stroot or which is not sorvod by a sowor systom oporatod by Pim:3 County or tho town, a st:3tomont to that off-oct will bo pl3cod on tho building pormit bofore issu:3nco. 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 underlinim!): Chapter 7-4 SOLAR ENERGY UTILIZATION & \~l^TER CONSERVATION CREDIT Section 7-4-1 Purpose The purpose of this chapter is to encourage the use of solar energy utilization and water consorvotion 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 :3nd wator consorvation 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. Wator consorvation moasuros f-or novo' construction 'Nill includo whole houso gr:3Y W:3tor irrigation systoms. Q..,.-Existing single family residences may add singlo sourco gr:3Y 'II:3tor systoms, solar heating systems, aru;Lphoto voltaic systems, intormittont recircul3tors f-or hot w:3tor and \.vator harvosting systoms. D...€,. 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...-F-,. 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 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. SECTION 7. Chapter 7-5 is hereby revised as follows (with deletions shown with strike- oots and additions shown with double underlininl!): {OOOOI921.DOC / 3} - 4- 5/3/2006 10:41 AM F1C Chapter 7-5 SPECIAL CONSTRUCTION SITE ADDITIONJ\.L BUILDING REQUIREMENTS Scction 7 5 1 Location of gasoline pumps Gasoline pump islands and similar facilities for the dispensing of flammable ma terials, including diesel fuel, propane, and butane, shall be set back not less than eighteen feet from any street right of way line to 'Nhich the pump island is per pendicular and not less than tv.-elve f-oet from any street right of '....ay line to which the pump island is parallel, and not less than tv.-elve f-oet from the property line of any residential lot. If the pump island is set at an angle on its lot, it shall be so located that motor vehicles stopped for service shall not extend o'./er the property line of the lot. In no case shall pumps be set closer than twelve feet to any side or rear lot line. Lots from which gasoline or similar flammable fluids are dis pensed to customers at retail or wholesale shall be not less than seventy five feet in '.vidth or less than one hundred foet in length. All approaches to gasoline pumps or similar facilities shall be paved to a distance of no less than eighteen feet from the pumps or to the nearest property line, '....hichever distance is smaller. Section 7-5-12 Sewaae Waste disposal A-Se\Verage systems and/or s~eptic tank systems shall be constructed in ac- cordance 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 everv 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. {OOOOI92I.00C 13} - 5 - 5/3/2006 10:41 AM F1C SECTION 10. This ordinance shall become effective on the 7th day of July, 2006. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of June, 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 BUILDING CODES ... .......... ............................ ............ ................................................... 1 BUILDING PERMITS ..................................................................................................... 2 [RESERVED] ..... ...................................... .... ............ ........... ...... .... ............. ......... ...... ..... 2 SOLAR ENERGY UTILIZATION CREDIT..................................................................... 3 SPECIAL CONSTRUCTION SITE REQUIREMENTS .................................................. 3 (00001 967. 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 uniform 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 {00001967.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. 16. For prior history, see Ordinance Nos. 95.32 and 96.34. Section 7-1-4 was revised by Ordinance No. 2006.16 Section 7-1-5 was revised by Ordinance No. 2006.16 7/7/2006 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 (DODO 1967.DOC /2) 7-2 Section 7-1-6 was revised and simplified by Ordinance No. 2006.16. Section 7-2-1 was revised by Ordinance No. 2006.16. 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 orior historv. 7/7/2006 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 {00001967.DOC /2} 7-3 Chapter 7-4 was adopted by Ordinance No. 2001.23 and amended by Ordinance No. 2006.16 to remove water conservation credit. Chapter 7-4 sunsets on May 1, 2008 Of 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. 2006.16 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. 16 removed various references to water conservation credits Ordinance No. 2006.16 renamed Chapter 7-5 from "additional building requirements" and deleted section 7-5-1 entitled "location of gasoline pumps" Ordinance No. 2006.16 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. 2006.16. 7/7/2006 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 AR.S. 949-747. MARANA TOWN CODE {00001967.DOC / 2} 7-4 7/7/2006