ARTICLE 9-1
Technical Codes

Section

9-1-1    Adoption by reference

9-1-2    Conformance to zoning ordinance

9-1-3    Penalties

9-1-4    Each day a separate violation

9-1-5    Violations not exclusive

9-1-6    Injunctions

9-1-1 ADOPTION BY REFERENCE.

(A) Adoption of International Building Code. Effective July 1, 2015, that certain document known as the International Building Code 2012 Edition including only the following appendices: Appendix C – Group U – Agricultural Buildings and Appendix E – Supplementary Accessibility Requirements ("International Building Code") as published by the International Code Council, and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to International Building Code. Effective July 1, 2015, that certain document known as "Amendment 1 to International Building Code 2012 Edition" and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697, is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Building Code as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO THE INTERNATIONAL BUILDING CODE 2012 EDITION

The International Building Code 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) CHAPTER 1, "ADMINISTRATION" is hereby amended as follows:

Section 101.1 Title is hereby deleted in its entirety and replaced with the following:

101.1 Title. These regulations shall be known as the Building Code of the City of Goodyear, hereinafter referred to as "this code." The fees and administrative provisions of this Chapter of this Code, as amended, shall apply to all technical codes adopted by the City of Goodyear.

Section 101.4 Referenced Codes is deleted in its entirety and replaced with the following:

101.4 Referenced codes. The other technical codes listed in Section 101.4.1 through 101.4.11, adopted by the City of Goodyear, as amended, and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

Section 101.4.1 Gas is hereby deleted in its entirety and replaced with the following:

101.4.1 Gas. The provisions of the International Fuel Gas Code, as adopted and amended by the governing authority 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.

Section 101.4.2 Mechanical is hereby deleted in its entirety and replaced with the following:

101.4.2 Mechanical. The provisions of the International Mechanical Code, as adopted and amended by the governing authority 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.

Section 101.4.3 Plumbing is hereby deleted in its entirety and replaced with the following:

101.4.3 Plumbing. The provisions of the International Plumbing Code, as adopted and amended by the governing authority 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.

Section 101.4.4 Property maintenance is hereby deleted in its entirety and replaced with the following:

101.4.4 Property maintenance. The provisions of the International Property Maintenance, as adopted and amended by the governing authority 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.

Section 101.4.5 Fire prevention is hereby deleted in its entirety and replaced with the following:

101.4.5 Fire prevention. The provisions of the International Fire Code, including Appendix Chapters B, D, E, F, G, H, I and K, as adopted and amended by the governing authority 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, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

Section 101.4.6 Energy is hereby deleted in its entirety and replaced with the following:

101.4.6 Energy. The provisions of the International Energy Conservation Code, as adopted and amended by the governing authority shall apply only to the design and construction of buildings for energy efficiency regulated by the International Residential Code, as adopted and amended by the governing authority.

Section 101.4.7 Pools and spas code is hereby added as follows:

101.4.7 Pools and spas. The provisions of the International Swimming Pool and Spa Code as adopted and amended by the governing authority shall apply to all matters governing the design and construction of pools and spas except as otherwise provided by Arizona law governing swimming pool enclosure requirements.

Section 101.4.8 Accessibility is hereby added as follows:

101.4.8 Accessibility. The provisions of the ICC A117.O9 Accessible and Usable Buildings and Facilities, as adopted and amended by the governing authority shall apply to all matters governed by this code. In addition, the 2010 ADA Standards for Accessible Design, as adopted and amended by the governing authority. In the event of a conflict between the two, the more restrictive requirements shall apply.

Section 101.4.9 Electric is hereby added as follows:

101.4.9 Electric. The provisions of NFPA 70 National Electric Code, including Annexes A-I, as adopted and amended by the governing authority shall apply to all matters governing the design and construction of electrical systems for all buildings and structures except those regulated by the International Residential Code for One and Two-Family Dwellings, as adopted and amended by the governing authority.

Section 101.4.10 Health care facilities is hereby added as follows:

101.4.10 Health care facilities. The provisions of NFPA 99 Health Care Facilities Code as adopted and by the governing authority shall apply to all matters governing the design and construction of Health Care Facilities.

Section 101.4.11 Residential is hereby added as follows:

101.4.11 Residential. The provisions of the International Residential Code For One and Two-Family Dwellings as adopted and amended by the governing authority shall apply to all matters governing the design and construction of one and two-family dwelling units.

Section 102.4.1 is hereby deleted in its entirety and replaced with the following:

102.4.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.4.2 Provisions in referenced codes and standards is hereby deleted in its entirety.

Section 102.7 Change in occupancy is hereby added as follows:

102.7 Change in occupancy. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any special provision of this code applicable to the new occupancy without approval of the building official. The building official shall certify 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.

Section 105.1 Required is hereby amended as follows:

The following sentence is hereby added to the end of this section: Permits are non- transferable and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section 105.1.1 Annual permit is hereby deleted in its entirety.

Section 105.1.2 Annual permit records is hereby deleted in its entirety.

Section 105.2 item 2 under Building is hereby deleted in its entirety and replaced with the following:

2. Fences not over 6 feet (1,828.8 mm) high.

Section 105.3 Application for permit is deleted in its entirety and replaced with the following:

105.3 Application for permit. To obtain a permit, the applicant shall submit a written application, all required supporting documentation and all applicable fees in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. If the applicable permit application requires the disclosure of occupancy classifications, the application shall indicate the proposed occupancy classifications for all parts of the building and of that portion of the site or lot, if any not covered by the building or structure.

Section 105.3.1 Action on application is hereby deleted in its entirety and replaced with the following:

105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the building official shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the building official shall issue a permit therefor as soon as practicable.

Section 105.3.2 Time limitation of application is hereby deleted in its entirety and replaced with the following:

105.3.2 Time limitation of application. In the event a permit has not been issued or an application for a permit has not been denied, an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated before any extension is granted.

Section 105.3.3 Approved construction documents is hereby added:

Section 105.3.3 Approved construction documents. When the building official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the building official. All work shall be done in accordance with the approved construction documents.

Section 105.5 Expiration is hereby deleted in its entirety and replaced with the following:

105.5 Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced. Notwithstanding the foregoing, a permittee holding an unexpired permit shall have the right to apply in writing to extend the expiration deadlines set forth herein. The building official is authorized to grant, in writing, one extension of time for a period of not more than 180 days provided that the permittee has demonstrated in writing that no changes have been made or will be made in the original construction documents for the permitted work and that justifiable cause exists for the failure to commence the work within 180 days or for the suspension or abandonment of the work after it was commenced. The fee for the extension shall be the cost of reviewing the application at a rate of $100.00 per hour with a minimum charge of one hour. In order to renew action on a permit after expiration, a new full permit fee shall be paid based on the current fee schedule adopted by the City.

Section 107.1 General is hereby deleted in its entirety and replaced with the following:

107.1 General. The supporting documentation submitted in support of a permit application shall be in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire-resistance rating and fireblocking. 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 shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code and the authority to waive the requirement that construction documents, calculations and or other data be prepared and designed by a registered design professional if compliance with the requirements of this code can be determined by the building official.

Section 107.2 Construction documents is hereby deleted in its entirety and replaced with the following:

107.2 Construction documents. Construction documents shall be in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and in accordance with Sections 107.2.1 through 107.2.5 and all subsections therein and in accordance with Sections 107.3.4 and all subsections therein. In the event of a conflict between the provisions of the Administrative Process Manual, the more restrictive provisions shall apply.

Section 109.1 Payment of fees is hereby deleted in its entirety and replaced with the following:

109.1 Payment of Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid. All permit fees and plan review views shall be paid at the time of application supplemental. If the fees paid at the time of application are based on estimates, final fee adjustments will be made and any additional fees owed shall be made prior to the issuance of the applicable permits.

Section 109.1.1 Building Permit Fees is hereby added as follows:

Section 109.1.1 Building Permit Fees. The following shall apply to building permit fees:

A. Building permit fees for permits for new construction, buildings, additions, and tenant improvements are to be calculated based on the fees for the valuations reflected in Table 1-A set forth in section 109.8 herein, which valuations are to be calculated pursuant to the requirements of Section 109.3 Building Permit valuation;

B. Miscellaneous building related permit and review fees, including fire fees, are calculated using Tables 1-B through Table 1-H set forth in section 109.8 herein.

Section 109.1.2 Building Plan Review Fees is hereby added as follows:

109.1.2 Building Plan Review Fees. The following shall apply to building plan review fees:

A. Building plan review fees for permits for new construction, buildings, additions, and tenant improvements shall be calculated as follows:

1. If no outside consultants are used for reviewing building plans, building plan review fees shall be 65 percent (65%) of the calculated building permit fees;

2. If outside consultants are used for reviewing building plans, building plan review fees shall be the greater of the following: 65 percent (65%) of the calculated building permit fee or actual costs, which shall include all consultant’s fees in addition to city administration and overhead costs at a rate of $100.00 per hour with a minimum charge of one hour.

B. In no case shall any plan review fee be less than $35.00,unless expressly stated otherwise in subsection 109.8.

C. Any submittals that require three or more reviews shall be charged for each review at a rate of $100.00 per hour with a minimum one hour charge per each additional review.

Section 109.1.3 Fire Permit Fees is hereby added as follows:

109.1.3 Fire Permit Fees. The following shall apply to fire permit fees.

A. Fire permit fees for new, ground up, construction are to be calculated based on the fees for the valuations reflected in Table 1-F set forth in section 109.8 herein, which valuations are to be thirty-five percent (35%) of valuation used in calculating the Building Permit Fee.

B. Modifications to existing fire protection systems, or installations of new systems in existing structures are calculated using Table 1-G, as noted in subsection 109.8 herein.

Section 109.1.4 Fire Plan Review Fees is hereby added as follows:

109.1.4 Fire Plan Review Fees. Fire plan review fees for permits issued under Table 1-F are calculated as follows:

A. Fire Plan review fees for fire protection systems shall be calculated as follows:

1. For new, ground up, construction, with no use of outside consultants, fire plan review fees shall be 35% of the calculated building permit fee subject to a minimum of $35.00.

2. For modifications to existing fire protection systems, or installations of new systems in existing structures, with no use of outside consultants, fire plan review fees shall be 35% of the permit fee calculated using Table 1-G subject to a minimum of $35.00.

3. If outside consultants are used for reviewing fire plans, fire plan review fees shall be the greater of the following: 65 percent (65%) of the calculated fire permit fee or actual costs, which shall include all consultant’s fees in addition to city administration and overhead costs at a rate of $100.00 per hour with a minimum charge of one hour.

B. In no case shall any plan review fee be less than $35.00, except as stated otherwise in subsection 109.8.

C. Any submittals that require three or more reviews shall be charged for each additional review at a rate of $100.00 per hour with a minimum one hour charge for each additional review.

Section 109.3 Building permit valuations is hereby amended as follows:

The following paragraphs shall be added after the last sentence in section 109.3:

For the purposes of determining valuations, the most current building valuation data table published by the International Code Council in Building Safety Journal magazine, shall be used. The valuation for any shell-only buildings shall be permitted to be reduced by 20 percent (20%). The valuation for any foundation-only permit shall be permitted to be reduced by 65 percent (65%). 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 determined by the Building Official and shall be classified in the use and construction type it most nearly resembles.

For the purposes of determining the fire permit valuation, the most current building valuation data table as published by the International Code Council in Building Safety Journal magazine, shall be used to determine fire permit fee from Table 1-F. 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.

Section 109.4 Work commencing before permit issuance is hereby amended as follows:

The following is added to the end of section 109.4:

This additional fee shall be equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section 109.6 is hereby deleted in its entirety and replaced with the following:

109.6. Refunds. The Building Official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 Building Official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section 109.7 Public School Permit Fee Waiver is hereby added as follows:

Section 109.7 Public School Permit Fee Waiver. Except as otherwise provided herein, the permit fees adopted in Section 109.8 below shall not apply to permitted work for public schools providing educational instruction for pupils in any combination of elementary grades or secondary grades one through twelve. The fee waiver provided herein extends only to work on improvements that are owned by the public school. This waiver does not apply to the other fees set forth in Table 1-H in Section 109.8 below such as inspections outside of normal business hours, reinspection fees, replications of plans, stamping of additional approved plans, replication of plans and providing written responses to requests for information related to the building code or Building Safety Division policy issues. Public schools for purposes of this section are those schools that are funded wholly by public funds.

Section 109.8 Fee Schedule is hereby added as follows:

Section 109.8 Fee Schedule. Unless otherwise indicated, the following fees will be applicable to residential and non-residential projects.

Table 1-A, BUILDING PERMIT FEES 

TOTAL VALUATION

FEE

$1.00 to $500.00

$34.00

$501.00 to $2,000.00

$34.00 for the first $500.00 plus $5.00 for each additional $100.00 or fraction thereof, up to and including $2,000.00.

$2,001.00 to $25,000.00

$98.00 for the first $2,000.00 plus $19.00 for each additional $1,000.00 or fraction thereof, up to and including $25,000.00.

$25,001.00 to $50,000.00

$554.00 for the first $25,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, up to and including $50,000.00.

$50,001.00 to $100,000.00

$912.00 for the first $50,000.00 plus $10.00 for each additional $1,000.00 or fraction thereof, up to and including $100,000.00.

$100,001 to $500,000.00

$1,408.00 for the first $100,000.00 plus $8.00 for each additional $1,000.00 or fraction thereof, up to and including $500,000.00.

$500,001.00 to $1,000,000.00

$4,579.00 for the first $500,000 plus $7.00 for each additional $1,000.00 or fraction thereof, up to and including $1,000,000.00.

$1,000,001.00 and up

$7,042.00 for the first $1,000,000.00 plus $5.00 for each $1,000.00 or fraction thereof.

 

TABLE 1-B, MISCELLANEOUS PERMITS 

Swimming Pools

Above Ground     $50.00*

In-Ground (Residential)     $150.00*

In-Ground (Non-residential)     $250.00*

 

Spas/Hot Tubs     $75.00*

*When standard pool/spa/hot tub plans are not on file with the Building Official, an additional $75.00 plan review fee will also be charged.

 

Re-Roof (One- and Two-Dwelling Structures Only)

Shingles- overlay     $25.00

Shingles and sheathing     $50.00

Tile and sheathing     $50.00

Other types of roofs shall be based on valuation of the project.

 

Vacuum Breaker (For residential landscape irrigation systems only)

1 through 5 devices     $36.00*

Over 5, each additional     $2.00*

*Includes only the electrical required to operate the system.

 

Demolition of Buildings

Residential accessory building or garage (per structure)     $25.00

Single-family residence (per structure)     $100.00

Structures other than residential single-family (per structure)     $200.00

 

Temporary Sales Trailers

Building permit     $200.00

Plan review     $75.00

(Note: These fees do not include electrical or development fees.)

 

Generators

Temporary Generators (Each)     $75.00

 

Mobile Home Hook Up

(Includes sewer, water and electrical, where applicable)     $50.00

 

Permits for Existing Residential (R-3) Buildings (except swimming pools), including but not limited to, interior alterations, detached garages, carports, storage sheds, patio covers and gazebos, shall be charged a building permit fee based on Table 1-A and a plan review fee of $35.00.

 

For habitable room additions, the permit fee shall be based on Table 1-A, and the plan review fee shall be $100.00 per plan set.

 

Revisions to any of the above types of plans shall be charged a $35.00 plan review fee.

 

TABLE 1-C, ELECTRICAL PERMIT FEES 

Permit Issuance

For the issuance of each electrical permit     $36.00

For the issuing of each supplemental permit for which the original permit has not expired or been cancelled or finalized     $15.00

 

System Fee Schedule (Note: The following do not include permit-issuing fee.)

 

Carnivals and Circuses

Carnivals, circuses, or other traveling shows or exhibitions utilizing transportable-type rides, booths, displays and attractions     $175.00

 

Temporary Power Service

Temporary Power Pole and Service, each     $35.00

For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative lights, Christmas tree sales lots, etc., each.     $20.00

 

Unit Fee Schedule (Note: The following do not include permit-issuing fee.)

 

Receptacle, Switch and Light Outlets

For receptacle, switch, light or other outlets at which current is used or controlled, except services, feeders and meters:

First 20 fixtures, each     $2.00

Additional fixtures, each     $1.00

Note: For multi-outlet assemblies, each 5 feet or fraction thereof may be considered as one outlet.

 

Lighting Fixtures

For lighting fixtures, sockets or other lamp-holding devices:

First 20 fixtures, each     $2.00

Additional fixtures, each     $1.00

For pole or platform-mounted lighting fixtures each     $2.00

For theatrical-type lighting fixtures or assemblies, each     $2.00

 

Additional Circuits to Existing Panels

Each additional circuit     $5.00

 

Residential Appliances

For fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens, counter-mounted cooking tops; electric ranges; self-contained room, console or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower(HP) in rating, each     $8.00

 

Note: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus.

 

Nonresidential Appliances

For nonresidential appliances and self-contained factory-wired, nonresidential appliances not exceeding one horsepower (HP), kilowatt (kW) or kilovolt-ampere (kVA), in rating including medical and dental devices; food, beverage and ice cream cabinets; illuminated show cases, drinking fountains; vending machines, laundry machines; or other similar types of equipment, each     $8.00

 

Note: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus.

 

Power Apparatus

For motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows:

Rating in horsepower (HP), kilowatts (kw), kilovolt-amperes (kva) or kilovolt-amperes- reactive (kvar): Up to and including 1, each     $15.00

Over 1 and not over 10, each     $25.00

Over 10 and not over 50, each     $45.00

Over 50 and not over 100, each     $65.00

Over 100, each     $85.00

 

Notes:

1. For equipment or other appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used.

2. These fees include all switches, circuit breakers, contractors, thermostats, relays and other directly related control equipment.

 

Busways

For trolley and plug-in-type busways, each 100 feet or fraction thereof     $15.00

Note: An additional fee is required for lighting fixtures, motors and other appliances that are connected to trolley and plug-in type busways. A fee is not required for portable tools.

 

Services

For services of 600 volts or less and not over 200 amperes in rating, each     $55.00

For services of 600 volts or less and over 200 amperes to 1,000 amperes, each     $80.00

For services over 600 volts or over 1,000 amperes in rating, each     $175.00

Electrical services of 400 amperes or larger shall require plans with an approved Arizona engineer’s seal and shall be charged an additional $100.00 plan review fee.

Miscellaneous Apparatus, Conduits and Conductors

For electrical apparatus, conduits and conductors for which no fee is herein set forth

Each     $30.00

 

Note: This Miscellaneous Apparatus, Conduits and Conductors fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment.

 

TABLE 1-D, MECHANICAL PERMIT FEES 

Permit Issuance

For the issuance of each mechanical permit     $36.00

For issuing each supplemental permit for which the original permit has not expired, been canceled or finalized     $15.00

 

Unit Fee Schedule

(Note: The following do not include permit-issuing fee.)

 

Furnaces

For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h     $25.00

For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h     $30.00

For the installation or relocation of each floor furnace, including vent     $25.00

For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater.     $25.00

 

Appliance Vents

For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit.     $15.00

 

Repairs or Additions

For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling absorption or evaporative cooling system, including installation of controls regulated by the International Mechanical Code     $25.00

 

Boilers, Compressors and Absorption Systems

For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 Btu/h.     $25.00

For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu/h to and including

500,000 Btu/h     $35.00

For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Btu/h to and including

1,000,000 Btu/h     $45.00

For the installation or relocation of each boiler or compressor over 30 horsepower, or each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h     $65.00

For the installation or relocation of each boiler or compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h     $120.00

 

Air Handlers

For each air-handling unit to and including 10,000 cubic feet per minute, including ducts attached
thereto     $20.00

For each air-handling unit over 10,000 cfm     $25.00

 

Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code.

 

Evaporative Coolers

For each evaporative cooler other than portable type     $20.00

 

Air Conditioning

Residential Single-Family (per unit, with or without ductwork, including associated
electrical work)     $25.00

Other Than Residential Single-Family (per unit, without duct work)     $70.00

Other Than Residential Single-Family (per unit, with duct work)     $115.00

 

Ventilation and Exhaust

For each ventilation fan connected to a single duct     $10.00

For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit     $20.00

For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood     $20.00

 

Incinerators

For the installation or relocation of each residential-type incinerator.     $25.00

For the installation or relocation of each commercial or industrial-type incinerator     $80.00

 

Miscellaneous

For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table     $30.00

 

TABLE 1-E, PLUMBING PERMIT FEES 

Permit Issuance

For the issuance of each plumbing permit.     $36.00

For issuing each supplemental permit for which the original permit has not expired, been canceled or finalized     $15.00

 

Unit Fee Schedule

(Note: The following do not include permit-issuing fee.)

 

Fixtures and Vents

For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection thereof)     $15.00

For repair or alteration of drainage or vent piping, each fixture     $10.00

 

Sewers, Disposal Systems and Interceptors

For each building sewer and each trailer park sewer (including repairs)     $35.00

For each cesspool     $45.00

For each private sewage disposal system     $90.00

For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps     $30.00

Rainwater systems – per drain (inside building)     $20.00

 

Water Piping and Water Heaters

For installation, alteration, or repair of water piping or water-treating equipment, or both,
each     $15.00

For each water heater, including vent     $20.00

For vents only, see Mechanical Permit Fees Table 1-D.

 

Gas Piping Systems

For each gas piping system of one to five outlets     $10.00

For each additional outlet over five, each     $2.00

When plans are submitted for review     $35.00

 

Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices for Other Than Residential Landscape Irrigation Systems

For each lawn sprinkler system on any one meter, including backflow protection devices,
thereof     $25.00

For atmospheric-type vacuum breakers or backflow protection devices:

1 to 5 devices     $20.00

Over 5 devices, each     $3.00

For each backflow-protection device other than atmospheric-type vacuum breakers:

2 inches and smaller     $20.00

Over 2 inches     $30.00

 

Miscellaneous

For each appliance or piece of equipment regulated by the Plumbing Code but not classed in any other categories or for which no other fee is listed in code     $30.00

 

TABLE 1-F, FIRE PERMIT FEES 

TOTAL VALUATION

FEE*

$1.00 to $500.00

$34.00

$501.00 to $2,000.00

$34.00 for the first $500.00 plus $5.00 for each additional $100.00 or fraction thereof, to and including $2,000.00.

$2,001.00 to $25,000.00

$98.00 for the first $2,000.00 plus $19.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00.

$25,001.00 to $50,000.00

$554.00 for the first $25,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00.

$50,001.00 to $100,000.00

$912.00 for the first $50,000.00 plus $10.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00.

$100,001.00 to $500,000.00

$1,408.00 for the first $100,000.00 plus $8.00 for each additional $1,000.00 or fraction thereof, to and including $500,000.00.

$500,001.00 to $1,000,000.00

$4,579.00 for the first $500,000 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00

$1,000,001.00 and up

$7,042.00 for the first $1,000,000.00 plus $5.00 for each $1,000.00 or fraction thereof.

 

TABLE 1-G, FIRE MISCELLANEOUS PERMIT FEES 

Permit Issuance for the following     $100.00

 

Automatic sprinkler systems – New Installation in Existing Structure

1 to 10,000 square feet     $375.00

10,001 to 50,000 square feet     $450.00

Each additional 50,000 square feet or fraction thereof     $450.00

Each story above or below     $200.00

 

Automatic sprinkler systems – Modifications/Replacements to Existing System

1 – 20 heads     $75.00

21 – 50 heads     $100.00

51 – 100 heads     $250.00

101 – 500 heads     $300.00

Each additional 100 heads or fraction thereof     $100.00

 

Extinguishing Systems (Clean Agent, Halon, Dry Chemical, and Carbon Dioxide and Others) – New Installation in Existing Structure

1 – 5,000 square feet     $200.00

Each additional 5,000 square feet or fraction thereof     $50.00

 

Automatic Hood Extinguishing Systems – New Installation in Existing Structure

Each system     .$150.00

 

Automatic Hood Extinguishing Systems – Modifications/Replacements to Existing System

Each system     $75.00

 

Fire Pumps – New Installation in Existing Structure

First pump     $500.00

Each additional pump     $300.00

 

Fire Pumps – Modifications/Replacements to Existing System

Each pump     $100.00

 

Standpipes – New Installation in Existing Structure

Up to four     $200.00

Each additional standpipe     $25.00

 

Standpipes – Modifications/Replacements to Existing System

Each standpipe     $50.00

 

Fire Alarm System – New Installations in Existing Structure

1 – 1,000 square feet     $225.00

1,001 – 2,000 square feet     $300.00

2,001 – 10,000 square feet     $450.00

10,001 – 50,000 square feet     $500.00

Each additional 50,000 square feet or fraction thereof     $200.00

Each story above or below first story     $200.00

Area Detection throughout     50% increase of fee

 

Fire Alarm System – Modifications/Replacements to Existing System

For a system with 1-5 devices     $100.00

For a system with more than 5 devices     .$150.00

 

TABLE 1-H OTHER FEES 

Applicable to All Categories of Permits and Plan Reviews

 

1. Inspections outside of normal business hours (minimum charge – 4 hours, collected prior to conducting inspection(s))     $100.00 per hour

 

2. Re-inspection fees (Minimum charge – 1 hour)     $100.00 per hour

 

3. Inspections or administrative services for which no fee is specifically indicated (minimum charge –
1 hour)     $100.00 per hour

 

4. Additional review required by changes, additions, or lost plans or plan review comment sheets (minimum charge – 1 hour)     $100.00 per hour

 

5. For use of outside consultants for plan review and/or inspections     Actual costs*

 

6. Site plan review (or revision) for residential standard plan submittals     $50.00 each

 

7. Review of deferred submittals (Submitted after initial plan review)     $175.00 per submittal

 

8. Certificate of Occupancy permit (except R-3 single-family accessory uses)     $50.00 per
building or "shell" plus $25.00 for each additional non-residential tenant improvement.

$25.00 per building for R-3 single-family.

 

9. Temporary, partial or conditional Certificate of Occupancy     Same as for Certificate
Occupancy in #8 above.

 

10. Replication of plans (when legally authorized)     Actual replication costs plus $100.00

 

11. Expedited plan review of Commercial/Industrial/Multifamily projects     Double plan
review fee

 

12. Preliminary fee for Standard Residential Plans     $500.00 per standard plan, due at submittal.

 

13. Written response to requests for building code or Building Safety Division policy
issues     $50.00

 

14. Stamping of additional approved plans (after the two initially submitted sets)     $50.00 each

 

15. Any submittals that require three (3) or more reviews shall be charged for each review at a rate of $100.00 per hour with a minimum one hour charge per each additional review.

 

*Actual costs include all consultant’s fees in addition to city administration and overhead costs at a rate of $100.00 per hour with a minimum charge of one hour or normal plan review fees, whichever is greater.

Section 110.1 General is hereby amended as follows:

Add the following as the first sentence to this section: The building official is authorized to conduct such inspections as are deemed necessary to determine compliance with the provisions of this code.

Section 110.6.1 Approval is hereby added as follows:

110.6.1 Approval. After all required tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the building official.

Section 110.6.2 Revocation is hereby added as follows:

110.6.2 Revocation. The building official is authorized to, in writing, suspend or revoke a notice of approval, including permits, issued under the provision of this code wherever the notice is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

Section 111.4 Revocation is hereby renumbered 111.6 and the following is hereby added as Section 111.4:

111.4 Certificate of Shell Completion. After final inspection of a building or structure for which the permit was issued for only the building shell, if no violations of this code or of related land use and public health ordinances, rules and regulations have been discovered, or if such violations have been discovered and have been corrected, the building official shall issue a certificate of shell completion which shall contain the following:

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of the building or that portion of the building for which the certificate is issued.

5. The name of the building official.

6. A statement that no portion of the building shall be occupied until tenant improvement permits are obtained and occupancy is approved.

7. The edition of the code under which the permit was issued.

8. The type of construction as defined in chapter 6.

9. If an automatic sprinkler system is provided, whether the sprinkler system is required.

10. Any special stipulation and conditions of the building permit.

11. An explanation that the responsibility for the building’s compliance with the provisions of the city codes and for maintenance of the building rests exclusively with the permit applicants and their agents and the building’s owners.

Section 111.5 Posting Certificate of Occupancy/Certificate of Shell Completion is hereby added as follows:

111.5 Posting Certificate of Occupancy/Certificate of Shell Completion. The certificate of occupancy and/or the certificate of shell completion shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.

Section 112.2 Temporary utilities is hereby deleted in its entirety and replaced with the following:

112.2 Temporary utilities. The code official shall have the authority to authorize the temporary connection of the building or system to utility sources of energy, fuel or power before the installation has been fully completed and a final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements for temporary lighting, heat or power in all applicable technical codes as adopted and amended by the governing authority, including the NFPA 70 National Electric Code 2011 Edition as adopted and amended by the governing authority.

Section 112.4 Connection after order to disconnect is hereby added as follows:

112.4 Connection after order to disconnect. No person shall make any connections from any energy, fuel, power supply or water distribution system or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

Section 113 Board of Appeals and all sections therein (113.1 through 113.3) is hereby deleted in its entirety and replaced with the following:

SECTION 113

(BOARD OF APPEALS)

113.1 General. There is hereby created a board of appeals (the "Board") in order to hear and decide appeals of orders, notices, decision, or determinations made by the building official relative to the application and interpretation of this code and all other technical codes governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, including by way of example, but not limitation, the International Fire Code, International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, 2010 ADA Standards for Accessible Design, and Sections 1215 through 1229 of appendix Chapter 12 of the Uniform Building Codes and Exhibits and Appendix Thereto Providing for Sound Transmission Control near Luke Air Force Base as adopted and amended by the governing authority. (For purposes of Section 113 and sections 113.1 through 113.8 and all subsections therein the foregoing are collectively referred to as technical codes.) The Board shall be appointed by the governing authority and shall hold office at its pleasure.

113.1.1 By-laws. Subject to the approval of the governing authority, the Board shall adopt by-laws, which shall include rules of procedure for conducting its business, which shall be consistent with applicable ordinances and regulations as adopted by the governing authority, including applicable provisions in the City of Goodyear Administrative Manual as adopted and amended by the governing authority, and shall, subject to the approval of the governing authority, have the power to amend the by-laws. If there is a conflict Board’s by-laws and any other applicable legal requirement governing appeals of decisions by the building official, the more restrictive provision shall apply. The governing authority may, at its own direction, amend the Board’s by-laws.

113.2 Membership. The Board shall consist of five member, none of whom can be a employees of the City of Goodyear, appointed by the governing authority and who shall serve for the terms as set forth in the adopted by-laws unless removed by the governing authority.

113.2.1 Qualifications. The Board shall consist of members who are qualified by experience and training to hear, decide, and make the determinations on the matters for which the Board is created, and who are not employees of the City of Goodyear. To the extent possible, the Board’s membership shall include at least one individual from each of the following professions or discipline:

1. Registered design professional who is a registered architect; or a builder or superintendent of building construction with at least 10 years’ experience, 5 years of which shall have been in responsible charge of work.

2. Registered design professional with structural engineering or architectural experience.

3. Registered design professional with mechanical and plumbing engineering experience; or a mechanical and plumbing contractor with at least 10 years’ experience, 5 years of which shall have been in responsible charge of work.

4. Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years’ experience, 5 years of which shall have been in responsible charge of work.

5. Registered design professional with fire protection engineering experience; or a fire protection contractor with at least 10 years’ experience, 5 years of which shall have been in responsible charge of work.

If the building official does not receive applications from individuals meeting the foregoing criteria, the governing authority shall appoint other individuals who have been determined by the building official to have experience, and training that will allow them to hear, decide and make the determinations on the matters for which the Board is created.

113.2.2 Alternate members. The governing authority shall appoint two alternate members who shall be called by the Board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the same qualifications as required for Board membership.

113.2.3 Disqualification of members. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

113.3 Reversal. A decision of the building official or fire code official can be reversed or modified only upon a concurring vote of at least three of the board members hearing an appeal. Notwithstanding the foregoing, if the appeal involves a challenge related to the fire code or any fire safety requirements, the decision of the building official or fire code official can be reversed only upon a concurring vote of at least three of the board members hearing an appeal and one of the members voting for the reversal shall be the member of the board appointed based on his/her experience and/or training involving fire protection.

113.4 Hearing. All hearings before the Board shall be open to the public. At least 4 of the members of the Board shall be present to hear any appeal, and for appeals involving a challenge related to the fire code or any fire safety requirements, one of the members hearing the appeal shall be the member of the board appointed based on his/her experience and/or training involving fire protection. The appellant, the appellant’s representative, the building official, the fire code official and any other person whose interests are affected shall be given an opportunity to be heard.

113.4.1 Postponed hearing. An appellant is entitled to a hearing before all 5 members of the Board and if all 5 members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.

113.5 Limitation on authority. An application for an appeal shall be based on a claim that the true intent of this code and the technical codes or the rules legally adopted thereunder have been incorrectly interpreted, do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive the requirement of this code or any other technical code.

Section 113.6 Filing of Appeals. Appeals of notices of violations and orders (other than those involving imminent dangers or unsafe structures and/or equipment) and of determinations or decisions on any application for a permit, including fire permits, shall be filed with building official in writing in a form and containing the information required by the Board of Appeals, within twenty (20) days of the date of such notice, order, decision, or determination. Appeals of notices and orders involving imminent dangers or unsafe structures and/or equipment shall be filed with building official in writing in a form and containing the information required by the Board of Appeals, within three business days of the date of such notice or order.

113.7 Stays of enforcement. Timely and proper appeals of notices and orders (other than Imminent Danger notices or notices of unsafe structures or equipment) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.

113.8 Bar. The failure to pursue a timely proper appeal with the Board of Appeals of orders, notices, decision, or determinations made by the building official relative to any of the matters within the Board of Appeals jurisdiction, shall bar a later challenge in any prosecution of a violation as to the building officials application or interpretation of this code and all other technical codes governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority.

Section 114.1 Unlawful acts is hereby deleted in its entirety and replaced with the following:

114.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section 109.3 Notice of violation is hereby deleted in its entirety and replaced with the following:

109.3 Notice of violation. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 114.2.1 and 114.2.2 below.

Section 114.2.1 Form of notice is hereby added as follows:

114.2.1 Form of notice. A notice of violation or order prescribed in Section 114.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 114.3 Prosecution of violation.

Section 114.2.2 Method of service is hereby added as follows:

114.2.2 Method of service. A notice of violation or order prescribed in Section 114.2.1 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 114.2.3 Unauthorized Tampering is hereby added as follows:

114.2.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section 114.3 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

114.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections 114.2.1 and 114.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the building official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 114.4 Violation penalties is hereby deleted in its entirety and replaced with the following:

114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections 114.2.1 and 114.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deemed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 114.5 Abatement of violation is hereby added as follows:

114.5 Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of any of the systems installed on or about any of the premises.

Section 114.6 Transfer of ownership is hereby added as follows:

Section 114.6 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or order and fully accepting responsibility without condition for making the correction of repairs required by such notice of violation or order.

Section 115.2 Issuance is hereby deleted in its entirety and replaced with the following:

115.2 Issuance. The stop work order shall be in writing and shall comply with the requirements of section 114.2.1 as supplemented herein. The stop work order shall include a description of work that is being performed in a manner that is contrary to the provisions of this code, dangerous and or unsafe and the required repairs improvements or actions needed to be taken to remove a violation or unsafe condition. Such notice shall require the person served to declare immediately to the building official his or her acceptance or rejection of the terms of the order.

Section 115.2.1 is hereby added as follows:

The stop work order shall be served on the owner, the owner’s agent or the person doing the work. Service of such order shall be made in accordance with the requirements of 114.2.2.

Section 115.2.2 Imminent danger is hereby added as follows:

115.2.2 Imminent danger. Where an imminent danger exists, the building official shall not be required to give a written notice prior to stopping the work.

Section 116.3 Notice is hereby deleted in its entirety and replaced with the following:

116.3 Notice. If an unsafe condition is found, the building official shall serve a notice on the owner, agent or person in control of the structure, a written notice that complies with the requirements of section 114.2.1 as supplemented herein. The notice shall include a description of the condition deemed unsafe and that includes a description of the required repairs or improvements that need 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 his or her acceptance or rejection of the terms of the order.

Section 116.4 Method of service is hereby deleted in its entirety and replaced with the following:

116.4 Method of service. Service of such notice shall be made in accordance with the requirements of section 114.2.2.

(2) CHAPTER 2, DEFINITIONS, is hereby amended as follows:

Section 201.1 Scope is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.2 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

201.2 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202 is amended to delete the definition of Building Official in its entirety and to replace it with the following:

BUILDING OFFICIAL. The individual charged with the administration and enforcement of this code and all other technical codes, including the construction related provisions of the International Fire Code, governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, or that individual’s duly authorized representative(s). The technical codes referred to herein include by way of example, but not limitation, the International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, 2010 ADA Standards for Accessible Design, and the Sections 1215 through 1229 of appendix Chapter 12 of the Uniform Building Codes and Exhibits and Appendix Thereto Providing for Sound Transmission Control near Luke Air Force Base as adopted and amended by the governing authority.

Section 202 is amended to delete the definition of Owner in its entirety and to replace it with the following:

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Section 202 is amended to delete the definition of Person in its entirety and to replace it with the following:

PERSON. An individual, corporation, partnership or any other group acting as a unit.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY: The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(3) CHAPTER 3, "USE AND OCCUPANCY CLASSIFICATION," is hereby amended as follows:

Section 308.3.1 Five or fewer persons receiving care is hereby deleted in its entirety and replaced with the following:

308.3.1 Five or fewer persons receiving care. Five or fewer persons receiving care. A facility such as above with five or fewer persons receiving such care shall be classified as Group R-3 or shall comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with the International Fire Code as adopted and amended by the governing authority, Section 903.3.1.3, or Section P2904 of the International Residential Code. Automatic sprinkler systems are not required in one- and two-family (Group R-3) structures complying with the exceptions noted under Section 903.2.8 of the International Fire Code as adopted and amended by the governing authority.

Section 308.3.3 Arizona State Department of Health Facilities is hereby added as follows:

308.3.3 Arizona State Department of Health Facilities. All facilities as licensed by the State of Arizona Department of Health, further known, but not limited to, as direct care, personal care, supervisory care and behavioral residential agency, housing at least six and not more than 10 persons shall be considered a Group R-4.

Section 308.4.1 Five or fewer persons receiving care is hereby deleted in its entirety and replaced with the following:

308.4.1 Five or fewer persons receiving care. A facility such as above with five or fewer persons receiving such care shall be classified as Group R-3 or shall comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with the International Fire Code as adopted and amended by the governing authority, Section 903.3.1.3, or Section P2904 of the International Residential Code.

Section 310.5.1 is hereby deleted in its entirety and replaced with the following:

310.5.1 Care facilities within a dwelling. Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with the International Fire Code as adopted and amended by the governing authority, Section 903.3.1.3, or Section P2904 of the International Residential Code. Automatic sprinkler systems are not required in one- and two-family (Group R-3) structures complying with the exceptions noted under Section 903.2.8 of the International Fire Code as adopted and amended by the governing authority.

Section 310.6 Residential Group R-4 is hereby deleted in its entirety and replaced with the following:

310.6 Residential Group R-4. This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24- hour basis in a supervised residential environment and receive custodial care. The persons receiving care are capable of self-preservation. This group shall include, but not be limited to, the following:

Alcohol and drug centers

Assisted living facilities

Congregate care facilities

Convalescent facilities

Group homes

Halfway houses

Residential board and custodial care facilities

Social rehabilitation facilities

Arizona State Department of Health Facilities. All facilities as licensed by the State of Arizona Department of Health, further known, but not limited to, as direct care, personal care, supervisory care and behavioral residential agency, housing at least six and not more than 10 persons shall be considered a Group R-4 occupancy.

Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code.

(4) CHAPTER 5, "GENERAL BUILDING HEIGHTS AND AREAS", is hereby amended as follows:

Section 507.2 Nonsprinkered, one story, is hereby deleted in its entirety.

(5) CHAPTER 9, "FIRE PROTECTION SYSTEMS", is hereby amended as follows:

Section 903.1 General, is hereby deleted in its entirety and replaced with the following:

903.1 General. Approved automatic fire extinguishing systems shall be provided and installed in accordance with the International Fire Code as adopted and amended by the governing authority.

Section 907.2.10.1, Manual Fire Alarm System, Exception 4 is hereby added as follows:

4. A manual fire alarm system is not required in a Group R-4 occupancy when the occupant load does not exceed 10 residents and is located in a one- or two-family dwelling.

Section 912.5 Backflow protection is deleted in its entirety and replaced with the following:

912.5 Backflow protection. The potable water supply to automatic sprinkler and standpipe systems shall be protected against backflow as required by the International Plumbing Code adopted by the City of Goodyear and the City of Goodyear Engineering Design Standards and Policies Manual.

(6) CHAPTER 10, "MEANS OF EGRESS" is hereby amended as follows:

Section 1007.2.1 Elevators required is hereby amended as follows:

The first paragraph is hereby amended to read: In buildings with a use and occupancy classification other than Institutional Group I, where a required accessible floor is four or more stories above or below grade plane, at least one required accessible means of egress shall be an elevator complying with Section 1007.4.

The exceptions remain unchanged.

Section 1007.2.2 Elevators for Institutional Group I Occupancy is hereby added as follows:

1007.2.2 Elevators for Institutional Group I Occupancy. At least one elevator complying with Section 1007.4 shall be provided in buildings with two or more stories above or below grade plane if all or part of the use and occupancy classification for such building is Institutional Group I.

Section 1016.2.2 Group F-1 and S-1 increase is hereby added as follows:

1016.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F-1 or S-1 occupancies where all of the following conditions are met:

1. The portion of the building classified as Group F-1 or S-1 is limited to one story in height.

2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7,315 mm).

3. The building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

(7) CHAPTER 11, "ACCESSIBILITY", is hereby amended as follows:

Section 1101.2 Design is hereby deleted in its entirety and replaced with the following:

1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code, ICC A117.1 as adopted and amended by the governing authority, the 2010 ADA Standards for Accessible Design, as adopted and amended by the governing authority; the Arizonans with Disabilities Act" (Arizona Revised Statutes, Title 41, Chapter 9, Article 8) as amended, and the "Arizonans with Disabilities Act Implementing Rules" (Arizona Administrative Code, Title 10, Chapter 3, Article 4), which rules incorporate the federal "Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities." The requirements herein shall apply to new construction and alterations and are not required in buildings or portions of existing buildings that do not meet the standards and specifications unless expressly required by federal or state law.

(8) CHAPTER 12, "INTERIOR ENVIRONMENT" is hereby amended as follows:

Section 1207.4 Sound Attenuation is hereby added as follows:

1207.4 Sound attenuation. Except as expressly provided otherwise in this Section 1207.4, all residential buildings or portions of buildings where the public is received, office areas and where normal noise level is low for first occupancy, including libraries, schools and churches located within a "high noise or accident potential zone" as defined in A.R.S. § 28-8461(9) shall comply with the requirements set forth in that certain document titled "Sections 1215 through 1229 of Appendix Chapter 12 of the Uniform Building Code and Exhibits and Appendix Thereto Providing for Sound Transmission Control Near Luke Air Force Base" as adopted and amended by the governing authority.

These sound attenuation requirements do not apply to ancillary buildings used in agricultural land use. If the gross floor area of a structure or project is expanded by less than fifty percent (50%), the requirements of this section apply only to the area of expansion. If the gross floor area of a structure or project is expanded by fifty percent (50%) or more, the requirements of this section apply to the entire structure, except for single family, mobile home, manufactured housing unit or duplex dwellings or any multifamily property used for residential purposes.

The Building Official may approve as an alternative, a certification by an architect or engineer registered pursuant to Title 32, Chapter 1 to achieve a maximum interior noise level of forty-five (45) decibels at time of final construction.

(9) CHAPTER 13, "ENERGY EFFICIENCY" is deleted.

(10) CHAPTER 29, "PLUMBING SYSTEMS," is hereby amended as follows:

Table 2902.1, "Minimum Number of Required Plumbing Facilities", footnotes "f" and "g" are hereby deleted in their entirety and replaced with the following:

"f" Drinking fountains are not required for an occupant load of 25 or fewer, except for mercantile use groups which do not require drinking fountains for an occupant load of 50 or fewer.

"g" For business and mercantile occupancies with an occupant load of 50 or fewer, service sinks shall not be required.

Section 2902.2, Exception 2 is hereby deleted in its entirety and replaced with the following:

2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or less.

(11) CHAPTER 30, "ELEVATORS AND CONVEYING SYSTEMS" is hereby amended as follows:

Section 3002.4 Elevator car to accommodate ambulance stretcher, is hereby deleted in its entirety and replaced with the following:

3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings four or more stories above, or four or more stories below, grade plane pursuant to Section 1007.1.2 or where elevators are providing in buildings two or more stories above or below grade plan pursuant to 1007.2.2, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches (610 mm by 2134 mm) with not less than 5-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoistway door frame.

(12) CHAPTER 31, "Special Construction" is hereby amended as follows:

Section 3109 Swimming Pool Enclosures and Safety Devices, including section 3109.1 through 3109.5 and all subsections therein, is hereby deleted in its entirety, and replaced with the following:

Section 3109

Swimming Pool Enclosures and Safety Devices

3109.1 General. The City of Goodyear Zoning Code shall be used to determine barrier requirements for swimming pools.

(13) CHAPTER 34, "EXISTING BUILDING AND STRUCTURES" is deleted.

(B) Adoption of International Residential Code. Effective July 1, 2015, that certain document known as the International Residential Code For One and Two Family Dwellings, 2012 Edition, including the following appendices: Appendix A (IFGS) Sizing and Capacities of Gas Piping; Appendix B Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use and Type B Vents; and Appendix C Terminals of Mechanical Draft and Direct Vent Venting Systems as published by the International Code Council and declared a public record by the Mayor and Council of the City of Goodyear by Resolution No. 15-1697 is hereby referred to, adopted, and made a part hereof as fully and completely as if fully set forth herein.

(1) Adoption of Amendment 1 to International Residential Code. Effective July 1, 2015, that certain document known as Amendment 1 to International Residential Code for One and Two Family Dwellings 2012 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697, is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Residential Code for One and Two Family Dwellings for One and Two Family dwellings as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO THE INTERNATIONAL RESIDENTIAL CODE FOR
ONE AND TWO FAMILY DWELLINGS 2012 EDITION

The International Residential Code for One and Two Family Dwellings 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) CHAPTER 1, "ADMINISTRATION" is hereby amended as follows:

Section R101.1 Title is hereby amended as follows:

Insert the words "City of Goodyear" as the name of the jurisdiction.

Section R102.4.1 is hereby deleted in its entirety and replaced with the following:

R102.4.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.4.2 "Provisions in referenced codes and standards" is hereby deleted in its entirety.

Section R105.1 Required is hereby amended as follows:

The following sentence is hereby added to the end of this section: Permits are non- transferable and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section R105.2 Work exempt from permits, paragraph 2 under "Building" is amended to read as follows:

2. Fences not over 6 feet (1,829 mm) high.

Section R105.3 Application for permit is deleted in its entirety and replaced with the following:

R105.3 Application for permit. To obtain a permit, the applicant shall submit a written application, all required supporting documentation and all applicable fees in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. If the applicable permit application requires the disclosure of occupancy classifications, the application shall indicate the proposed occupancy classifications for all parts of the building and of that portion of the site or lot, if any not covered by the building or structure.

Section R105.3.1 Action on application is hereby deleted in its entirety and replaced with the following:

R105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the building official shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the building official shall issue a permit therefor as soon as practicable.

Section R105.3.2 Time limitation of application is hereby deleted in its entirety and replaced with the following:

R105.3.2 Time limitation of application. In the event a permit has not been issued or an application for a permit has not been denied, an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated before any extension is granted.

Section R105.3.3 Approved construction document is hereby added:

R105.3.3 Approved construction documents. When the building official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified, or altered without authorization from the building official. All work shall be done in accordance with the approved construction documents.

Section R105.5 Expiration is hereby deleted in its entirety and replaced with the following:

R105.5 Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced. Notwithstanding the foregoing, a permittee holding an unexpired permit shall have the right to apply in writing to extend the expiration deadlines set forth herein. The building official is authorized to grant, in writing, one extension of time for a period of not more than 180 days provided that the permittee has demonstrated in writing that no changes have been made or will be made in the original construction documents for the permitted work and that justifiable cause exists for the failure to commence the work within 180 days or for the suspension or abandonment of the work after it was commenced. The fee for the extension shall be the cost of reviewing the application at a rate of $100.00 per hour with a minimum charge of one hour. In order to renew action on a permit after expiration, a new full permit fee shall be paid based on the current fee schedule adopted by the City.

Section R106.1 Submittal documents is hereby deleted in its entirety and replaced with the following:

R106.1 Submittal documents. The supporting documentation submitted in support of a permit application shall be in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire-resistance rating and fireblocking. 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 shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code and the authority to waive the requirement that construction documents, calculations and or other data be prepared and designed by a registered design professional if compliance with the requirements of this code can be determined by the building official.

Section R108.1 Payment of fees is hereby deleted in its entirety and replaced with the following:

R108.1 Payment of Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid. All permit fees and plan review views shall be paid at the time of application supplemental. If the fees paid at the time of application are based on estimates, final fee adjustments will be made and any additional fees owed shall be made prior to the issuance of the applicable permits.

Section R108.2 Schedule of permit fees is hereby amended as follows:

The following is hereby added to the end of the sentence in this section: including the fees set forth in the International Building Code as adopted and amended by the governing authority.

Section R108.3 Building permit valuations is hereby amended as follows:

The following paragraphs shall be added after the last sentence in section R108.3:

For the purposes of determining valuations, the most current building valuation data table published by the International Code Council in Building Safety Journal magazine, shall be used. The valuation for any shell-only buildings shall be permitted to be reduced by 20 percent (20%). The valuation for any foundation-only permit shall be permitted to be reduced by 65 percent (65%). 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 determined by the Building Official and shall be classified in the use and construction type it most nearly resembles.

For the purposes of determining the fire permit valuation, the most current building valuation data table as published by the International Code Council in Building Safety Journal magazine, shall be used to determine fire permit fee from Table 1-F. 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.

Section R108.5 Refunds is hereby deleted in its entirety and replaced with the following:

R108.5 Refunds. The Building Official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 Building Official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section R108.6 Work commencing before permit issuance is hereby amended as follows:

The following is added to the end of section R108.4:

This additional fee shall be equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section R109.1 Types of inspections is hereby amended as follows:

Add the following as the first sentence to this section: The building official is authorized to conduct such inspections as are deemed necessary to determine compliance with the provisions of this code.

Section R109.4.1 is hereby added as follows:

R109.4.1 Approval. After all required tests and inspections indicate that the work complies in all respect with this code, a notice of approval shall be issued by the building official.

Section R111.4 is hereby added as follows:

R111.4 Connection after order to disconnect. No person shall make any connections from any energy, fuel, power supply or water distribution system or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the code official or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such equipment.

Section R112 Board of Appeals, including section R112.1 through R112.4 and all subsections therein, is deleted in its entirety and replaced with the following:

SECTION R112

BOARD OF APPEALS

R112.1 Appeal. Any person shall have the right to appeal a decision of the building official to the Board of Appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein in the International Building Code as adopted and amended by the governing authority.

Section R113.1 Unlawful acts is hereby deleted in its entirety and replaced with the following:

R113.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section R113.2 Notice of violation is hereby deleted in its entirety and replaced with the following:

R113.2 Notice of violation. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections R113.2.1 and R113.2.2 below.

Section R113.2.1 Form of notice is hereby added as follows:

R113.2.1 Form of notice. A notice of violation or order prescribed in Section R113.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 114.3 Prosecution of violation.

Section R113.2.2 Method of service is hereby added as follows:

R113.2.2 Method of service. A notice of violation or order prescribed in Section 113.2 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice of violation, notice to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section R113.2.3 Unauthorized Tampering is hereby added as follows:

R113.2.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section R113.3 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

R113.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections R113.2.1 and R113.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law.

Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the code official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section R113.4 Violation penalties is hereby deleted in its entirety and replaced with the following:

R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections R113.2.1 and R113.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deemed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section R113.5 Abatement of violation is hereby added as follows:

R113.5 Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of any of the systems installed on or about any of the premises.

Section R113.5 Transfer of ownership is hereby added as follows:

Section R113.5 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or order and fully accepting responsibility without condition for making the correction of repairs required by such notice of violation or order.

Section R114.1 Notice to Owner is hereby renumbered R114.2 Notice to Owner and a new Section R114.1 Authority is hereby added as follows:

R114.1 Authority. Whenever the building official finds any work regulated by this code being performed in any manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.

Section R114.2 Unlawful continuance is hereby renumbered R114.3 Unlawful continuance.

Section R114.4 Imminent danger is hereby added as follows:

R114.4 Imminent danger. Where imminent danger exists, the building official shall not be required to give a written notice prior to stopping the work.

(2) CHAPTER 2, DEFINITIONS, is hereby amended as follows:

Section R201.1 Scope is hereby deleted in its entirety and replaced with the following:

R201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section R201.3 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

R201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section R202 is amended to delete the definition of Building Official in its entirety and to replace it with the following:

BUILDING OFFICIAL. The individual charged with the administration and enforcement of this code and all other technical codes, including the construction related provisions of the International Fire Code, governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, or that individual’s duly authorized representative(s). The technical codes referred to herein include by way of example, but not limitation, the International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, and the 2010 ADA Standards for Accessible Design as adopted and amended by the governing authority.

Section R202 is amended to delete the definition of Owner in its entirety and to replace it with the following:

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Section R202 is amended to delete the definition of Person in its entirety and to replace it with the following:

PERSON. An individual, corporation, partnership or any other group acting as a unit.

Section R202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY: The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(3) CHAPTER 3, BUILDING PLANNING is hereby amended as follows:

Table R301.2(1) Climatic and Geographic Design Criteria is hereby amended as follows:

Table R301.29(1) is hereby amended to insert the following within the table itself:

Ground Snow Load: N/A

Speedd (mph): 90 mph, Exposure B (Unless otherwise designated by the Building Official)

Topograhic effectsk: No

Seismic Design Categoryf: B

Weatheringa: NEGLIGIBLE

Frost Line Depthh: 12"

Termitec: MODERATE TO HEAVY

Winter Design Temperaturee: 24 degrees F

Ice Barrier Underlayment Requiredh: N/A

Flood Hazardsg: (a)July 9, 1984, (b) July 19, 2001

Air Freezing Indexi: 50 degrees F

Mean Annual Tempj: 70 degrees F

R313.2 One- and two-family dwellings automatic fire systems. Is deleted in its entirety and replaced with the following:

R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system may be installed in one- and two-family dwellings in accordance with P2904, manufacturer installation instructions, and/or the International Fire Code as adopted and amended by the governing authority.

Section R314.3 Location is hereby amended by adding the following to the end of section R314.3:

4. Where the ceiling height of a room open to the hallway servicing bedrooms exceeds that of the hallway by 24 inches or more, smoke detectors shall be installed in the hallways and in the adjacent room.

Section R324 Sound Attenuation is hereby added as follows:

R324 Sound Attenuation. Buildings covered under the International Residential Code shall be subject to the following provisions:

1. Exterior wall penetrations by pipe ducts or conduits shall be caulked.

2. Mailboxes shall not be used through the door or wall.

3. Windows shall have two panes of glass and sound transmission rating of STC-22. All operable windows shall be weather stripped and airtight in accordance with ASTM R-283-84-T Standard. Perimeter window frames shall be sealed to airtight specifications.

4. All non-glazed portions of exterior side-hinged doors shall be solid-core wood or insulated hollow metal or at least one and three-quarters inch thick and fully weather stripped. The perimeter doorframes shall be sealed to airtight specifications.

5. Fireplaces shall be provided with well fitting dampers, unless otherwise prohibited elsewhere in the Code.

6. Exterior walls shall be at least four inches in nominal depth and shall be finished on the outside with block, siding, sheathing, or stucco on one-inch Styrofoam. Fiberglass or cellulose insulation at least three and one-half inches thick shall be installed continuously throughout the cavity space behind the wall. Total insulation R-value of the exterior wall assembly shall be R-18.

7. Attics and roof rafter spaces shall be insulated with a minimum insulation R-value of at least R-38.

Except as expressly provided otherwise in this Section 1207.4, all residential buildings or portions of buildings where the public is received, office areas and where normal noise level is low for first occupancy, including libraries, schools and churches located within a "high noise or accident potential zone" as defined in A.R.S. § 28-8461(9) shall comply with the requirements set forth in that certain document titled "Sections 1215 through 1229 of Appendix Chapter 12 of the Uniform Building Code and Exhibits and Appendix Thereto Providing for Sound Transmission Control Near Luke Air Force Base" which was adopted as a public record by Resolution No. 2004-911 of the Mayor and Council of the City of Goodyear, which is hereby referred to, adopted and made a part hereof as if fully and completely set forth herein.

If the specified requirements of section R324 are not met, the Building Official may approve as an alternative, a certification by an architect or engineer registered pursuant to Title 32, Chapter 1 to achieve a maximum interior noise level of forty-five (45) decibels at time of final construction.

(4) CHAPTER 11 ENERGY EFFICIENCY is hereby amended as follows:

Section N1101.15.1 (R401.2.1) Alternative approach for compliance is hereby added as follows:

N1101.15.1 (R401.2.1) Alternative approach for compliance. A Home Energy Rating System ("HERS") Index of 73 or less, confirmed in writing by a Residential Energy Services Network certified energy rater may be used in place of the approach described in section N1101.15. Compliance may be demonstrated by sampling in accordance with Chapter 6 of the Mortgage Industry National Home Energy Rating Systems Standard as adopted by the Residential Energy Services Network.

Section N1102.4.1.2.1 RESNET Testing& Inspection Protocol is hereby added as follows:

N1102.4.1.2.1 RESNET Testing & Inspection Protocol. The Residential Energy Services Network (RESNET) Mortgage Industry National Home Energy Rating System Standards Protocol for third party testing and inspections shall be deemed to meet the requirements of sections N1102.4.1.1, N1102.4.1.2 and N1103.2.2 and shall meet the following conditions:

1. Third Party Testing and Inspections shall be completed by RESNET certified Raters or Rating Field Inspectors and shall be subject to RESNET Quality Assurance Field Review procedures.

2. Sampling in accordance with Chapter 6 of the RESNET Standards shall be performed by Raters or Rating Field Inspectors working under a RESNET Accredited Sampling Provider.

3. Third Party Testing is required for the following items:

a. R402.4.1.1 – Building Envelope – Thermal and Air Barrier Checklist.

b. R402.4.1.2 – Testing – Air Leakage Rate.

c. R403.2.2 – Sealing – Duct Tightness.

4. The other requirements identified as "mandatory" in Chapter 4 of the IECC shall be met.

5. Alternate testing and inspection programs and protocols shall be allowed when approved by the building official.

Section N1103.9.3 (R403.9.3) Covers is hereby deleted in its entirety and replaced with the following:

N1103.9.3 Motors. Motors with a total horsepower of one or more for pools and in-ground permanently installed spas shall have the capability of operating at two or more speeds with a low speed having a rotation rate that is no more than one-half of the motor’s maximum rotation rate and shall be operated with a pump control with the capability of operating the pump at two or more speeds. Residential pool pump motor controls that are sold for use with a two or more speed motor shall have a default circulation speed setting no more than one- half of the motor’s maximum rotation rate. Any high speed override capability shall be for a temporary period not to exceed one 24-Hour cycle without resetting to the default setting.

(C) Adoption of International Plumbing Code. Effective July 1, 2015, that certain document known as the International Plumbing Code 2012 Edition as published by the International Code Council and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 of International Plumbing Code. Effective July 1, 2015, that certain document known as Amendment 1 to International Plumbing Code 2012 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Plumbing Code as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO INTERNATIONAL PLUMBING CODE 2012 EDITION

The International Plumbing Code 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION" is hereby amended as follows:

Section 101.1 Title is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.8.1 is hereby deleted in its entirety and replaced with the following:

102.8.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.8.2 Provisions in referenced codes and standards is hereby deleted in its entirety.

Section 103.1 General is hereby deleted in its entirety and replaced with the following:

103.1 Creation of Enforcement Agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official or in the alternative code official.

Section 106.1 When Required is hereby amended as follows:

The following sentence is hereby added to the end of this section: Permits are non- transferable and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section 106.3 Application for permit is hereby deleted in its entirety and replaced with the following:

106.3 Application for permit. To obtain a permit, the applicant shall submit a written application, all required supporting documentation and all applicable fees in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. If the applicable permit application requires the disclosure of occupancy classifications, the application shall indicate the proposed occupancy classifications for all parts of the building and of that portion of the site or lot, if any not covered by the building or structure.

Section 106.3.1 Construction documents is hereby deleted in its entirety and replaced with the following:

106.3.1 Construction documents. Construction documents shall be submitted in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and in accordance with the requirements set forth in Sections 107.2.1 through 107.2.5 and all subsections therein and in Section 107.3.4 and all subsections therein of the International Building Code as adopted and amended by the governing authority, as applicable and as otherwise supplemented herein. In the event of a conflict the more restrictive provisions shall apply. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire- resistance rating and fireblocking. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code.

Section 106.3.3 Time limitation of application is hereby deleted in its entirety and replaced with the following:

106.3.3 Time limitation of application. In the event a permit has not been issued or an application for a permit has not been denied, an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated before any extension is granted.

Section 106.4 By whom application is made is hereby deleted in its entirety.

Section 106.5 Permit issuance is hereby deleted in its entirety and replaced with the following:

106.5 Permit issuance. The code official shall examine or cause to be examined applications for permits and amendments thereto in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the code official shall reject such application in writing stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the code official shall issue a permit therefor as soon as practicable.

Section 106.5.3 Expiration is hereby deleted in its entirety and replaced with the following:

106.5.3 Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced. Notwithstanding the foregoing, a permittee holding an unexpired permit shall have the right to apply in writing to extend the expiration deadlines set forth herein. The code official is authorized to grant, in writing, one extension of time for a period of not more than 180 days provided that the permittee has demonstrated in writing that no changes have been made or will be made in the original construction documents for the permitted work and that justifiable cause exists for the failure to commence the work within 180 days or for the suspension or abandonment of the work after it was commenced.

The fee for the extension shall be the cost of reviewing the application at a rate of $100.00 per hour with a minimum charge of one hour. In order to renew action on a permit after expiration, a new full permit fee shall be paid based on the current fee schedule adopted by the City.

Section 106.5.4 Extensions is hereby deleted in its entirety.

Section 106.6 Fees is hereby deleted in its entirety and replaced with the following:

106.6 Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid. All permit fees and plan review views shall be paid at the time of application supplemental. If the fees paid at the time of application are based on estimates, final fee adjustments will be made and any additional fees owed shall be made prior to the issuance of the applicable permits.

Section 106.6.2 Fee Schedule is hereby deleted in its entirety and replaced with the following:

106.6.2 Fee Schedule. The fees for permits for all plumbing work shall be paid in accordance with the schedule as established by the applicable governing authority, including the fees set forth in the International Building Code as adopted and amended by the governing authority.

Section 106.6.3 Fee refunds is hereby deleted in its entirety and replaced with the following:

106.6.3 Refunds. The code official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 code official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section 106.7 Work commencing before permit issuance is hereby added as follows:

106.7 Work commencing before permit issuance. Any person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section 108.1 Unlawful acts is hereby deleted in its entirety and replaced with the following:

108.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section 108.2 Notice of violation is hereby deleted in its entirety and replaced with the following:

108.2 Notice of violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 108.2.1 and 108.2.2 below.

Section 108.2.1 Form of notice is hereby added as follows:

108.2.1 Form of notice. A notice of violation or order prescribed in Section 108.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 108.3 Prosecution of violation.

Section 108.2.2 Method of service is hereby added as follows:

108.2.2 Method of service. A notice of violation or order prescribed in Section 108.2 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 108.2.3 Unauthorized Tampering is hereby added as follows:

108.2.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section 108.2.4 Transfer of ownership is hereby added as follows:

Section 108.2.4 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or order and fully accepting responsibility without condition for making the correction of repairs required by such notice of violation or order.

Section 108.3 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

108.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections 108.2.1 and 108.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the code official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 108.4 Violation penalties is hereby deleted in its entirety and replaced with the following:

108.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections 108.2.1 and 108.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deemed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop work orders is hereby deleted in its entirety and replaced with the following:

108.5 Stop work orders. Whenever the code official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or danger or unsafe, the code official is authorized to issue a stop work order.

Section 108.5.1 Stop work order notices is hereby added as follows:

108.5.1 Stop work order notices. Stop work orders shall be in writing and shall comply with the requirements of section 108.2.1 as supplemented herein. The notice shall include a description of the work that is being performed in a manner that is contrary to the provision of this code, dangerous and/or unsafe and a description of the required repairs, improvements, or actions needed to remove a violation or unsafe condition. Such notice shall require the person served to immediately declare to the code official his or her acceptance or rejection of the terms of the order.

Section 108.5.2 Method of service is hereby added as follows:

108.5.2 Method of service. The notice shall be served on the owner, the owner’s agent or the person doing the work. Service of such notice shall be made in accordance with the requirements of section 108.2.2.

Section 108.5.3 Imminent danger is hereby added as follows:

108.5.3 Imminent danger. Where an imminent danger exists, the code official shall not be required to give a written notice prior to stopping work.

Section 108.5.4 Unlawful continuances is hereby added as follows:

108.5.4 Unlawful continuances. Upon issuance of a stop work order, the cited work shall immediately cease. 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 subjection to the penalties as prescribed by law.

Section 108.7.3 Connection after order to disconnect is hereby amended as follows:

The second paragraph in this section is hereby deleted.

Section 109 Means of Appeal including sections 109.1 through 109.7 and all subsections therein is deleted in its entirety and replaced with the following:

SECTION 109

APPEAL

109.1 Appeal. Any person shall have the right to appeal a decision of the code official to the Board of Appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

Section 110.3 Temporary utilities is hereby deleted in its entirety and replaced with the following:

110.3 Temporary utilities. The code official shall have the authority to authorize the temporary connection of the building or system to utility sources of energy, fuel or power before the installation has been fully completed and a final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements for temporary lighting, heat or power in NFPA 70 National Electric Code 2011 Edition as adopted and amended by the governing authority.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1 Scope is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202 General Definitions is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202 General Definitions is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(3) CHAPTER 4, FIXTURES, FAUCETS AND FIXTURE FITTINGS is hereby amended as follows:

Table 403.1 Minimum Number of Required Plumbing Facilities footnotes "f" and "g" are hereby amended to read as follows:

"f" Drinking fountains are not required for an occupant load of 25 or fewer, except for mercantile use groups which do not require drinking fountains for an occupant load of 50 or fewer.

"g" For business and mercantile occupancies with an occupant load of 50 or fewer, service sinks shall not be required.

Section 403.2 Separate Facilities, Exception 2, is hereby deleted in its entirety and replaced with the following:

2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer.

(D) Adoption of International Fuel Gas Code. Effective July 1, 2015, that certain document known as the International Fuel Gas Code 2012 Edition as published by the International Code Council and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 of International Fuel Gas Code. Effective July 1, 2015, that certain document known as Amendment 1 to International Fuel Gas Code 2012 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Fuel Gas Code as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO INTERNATIONAL FUEL GAS CODE 2012 EDITION

The International Fuel Gas Code 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION" is hereby amended as follows:

Section 101.1 Title is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.8 Referenced codes and standards is hereby amended as follows:

The exception is hereby deleted in its entirety.

Section 102.8.1 is hereby deleted in its entirety and replaced with the following:

102.8.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.8.2 Provisions in referenced codes and standards is hereby deleted in its entirety.

Section 103.1 General is hereby deleted in its entirety and replaced with the following:

103.1 Creation of Enforcement Agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official or in the alternative the code official.

Section 106.1 Where required is hereby amended as follows:

The following sentence is hereby added to the end of this section: Permits are non- transferable and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section 106.3 Application for permit is hereby deleted in its entirety and replaced with the following:

106.3 Application for permit. To obtain a permit, the applicant shall submit a written application, all required supporting documentation and all applicable fees in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. If the applicable permit application requires the disclosure of occupancy classifications, the application shall indicate the proposed occupancy classifications for all parts of the building and of that portion of the site or lot, if any not covered by the building or structure.

Section 106.3.1 Construction documents is hereby deleted in its entirety and replaced with the following:

106.3.1 Construction documents. Construction documents shall be submitted in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and in accordance with the requirements set forth in Sections 107.2.1 through 107.2.5 and all subsections therein and in Section 107.3.4 and all subsections therein of the International Building Code as adopted and amended by the governing authority, as applicable and as otherwise supplemented herein. In the event of a conflict the more restrictive provisions shall apply. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire-resistance rating and fireblocking. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception. The building official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code and the authority to waive the requirement that construction documents, calculations and or other data be prepared and designed by a registered design professional if compliance with the requirements of this code can be determined by the building official.

Section 106.3.2 Time limitation of application is hereby deleted in its entirety and replaced with the following:

106.3.2 Time limitation of application. In the event a permit has not been issued or an application for a permit has not been denied, an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated before any extension is granted.

Section 106.5 Permit issuance is hereby deleted in its entirety and replaced with the following:

106.5 Permit issuance. The code official shall examine or cause to be examined applications for permits and amendments thereto in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the code official shall reject such application in writing stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the code official shall issue a permit therefor as soon as practicable.

Section 106.5.3 Expiration is hereby deleted in its entirety and replaced with the following:

106.5.3 Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced. Notwithstanding the foregoing, a permittee holding an unexpired permit shall have the right to apply in writing to extend the expiration deadlines set forth herein. The code official is authorized to grant, in writing, one extension of time for a period of not more than 180 days provided that the permittee has demonstrated in writing that no changes have been made or will be made in the original construction documents for the permitted work and that justifiable cause exists for the failure to commence the work within 180 days or for the suspension or abandonment of the work after it was commenced. The fee for the extension shall be the cost of reviewing the application at a rate of $100.00 per hour with a minimum charge of one hour. In order to renew action on a permit after expiration, a new full permit fee shall be paid based on the current fee schedule adopted by the City.

Section 106.5.4 Extensions is hereby deleted in its entirety.

Section 106.6 Fees is hereby deleted in its entirety and replaced with the following:

106.6 Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid. All permit fees and plan review views shall be paid at the time of application supplemental. If the fees paid at the time of application are based on estimates, final fee adjustments will be made and any additional fees owed shall be made prior to the issuance of the applicable permits.

Section 106.6.1 Work commencing before permit issuance is hereby added as follows:

106.6.1 Work commencing before permit issuance. Any person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section 106.6.2 Fee Schedule is hereby deleted in its entirety and replaced with the following:

106.6.2 Fee Schedule. The fees for permits for work shall be paid in accordance with the schedule as established by the applicable governing authority, including the fees set forth in the International Building Code as adopted and amended by the governing authority.

Section 106.6.3 Fee refunds is hereby deleted in its entirety and replaced with the following:

106.6.3 Fee refunds. The code official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 code official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section 108.1 Unlawful acts is hereby deleted in its entirety and replaced with the following:

108.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section 108.2 Notice of violation is hereby deleted in its entirety and replaced with the following:

108.2 Notice of violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 108.2.1 and 108.2.2 below.

Section 108.2.1 Form of notice is hereby added as follows:

108.2.1 Form of notice. A notice of violation or order prescribed in Section 108.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 108.3 Prosecution of violation.

Section 108.2.2 Method of service is hereby added as follows:

108.2.2 Method of service. A notice of violation or order prescribed in Section 108.2 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 108.2.3 Unauthorized Tampering is hereby added as follows:

108.2.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section 108.2.4 Transfer of ownership is hereby added as follows:

Section 108.2.4 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or order and fully accepting responsibility without condition for making the correction of repairs required by such notice of violation or order.

Section 108.3 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

108.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections 108.2.1 and 108.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the code official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 108.4 Violation penalties is hereby deleted in its entirety and replaced with the following:

108.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections 108.2.1 and 108.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deemed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop work orders is hereby deleted in its entirety and replaced with the following:

108.5 Stop work orders. Whenever the code official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or danger or unsafe, the code official is authorized to issue a stop work order.

Section 108.5.1 Stop work order notices is hereby added as follows:

108.5.1 Stop work order notices. Stop work orders shall be in writing and shall comply with the requirements of section 108.2.1 as supplemented herein. The notice shall include a description of the work that is being performed in a manner that is contrary to the provision of this code, dangerous and/or unsafe and a description of the required repairs, improvements, or actions needed to remove a violation or unsafe condition. Such notice shall require the person served to immediately declare to the code official his or her acceptance or rejection of the terms of the order.

Section 108.5.2 Method of service is hereby added as follows:

108.5.2 Method of service. The notice shall be served on the owner, the owner’s agent or the person doing the work. Service of such notice shall be made in accordance with the requirements of section 108.2.2.

Section 108.5.3 Imminent danger is hereby added as follows:

108.5.3 Imminent danger. Where an imminent danger exists, the code official shall not be required to give a written notice prior to stopping work.

Section 108.5.4 Unlawful continuances is hereby added as follows:

108.5.4 Unlawful continuances. Upon issuance of a stop work order, the cited work shall immediately cease. 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 subjection to the penalties as prescribed by law.

Section 108.7.3 Connection after order to disconnect is hereby amended as follows:

The second paragraph is this section is deleted.

Section 109 Means of Appeal, including sections 109.1 through 109.7 and all subsections therein, is deleted in its entirety and replaced with the following:

SECTION 109

APPEAL

109.1 Appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

Section 110.3 Temporary utilities is hereby deleted in its entirety and replaced with the following:

110.3 Temporary utilities. The code 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 has been issued. The part covered by the temporary certificate shall comply with the requirements for temporary lighting heat or power in NFPA 70 National Electric Code 2011 Edition as adopted and amended by the governing authority.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1 Scope is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202 General Definitions is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202 General Definitions is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(E) Adoption of International Mechanical Code. Effective July 1, 2015, that certain document known as the International Mechanical Code 2012 Edition as published by the International Code Council and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to International Mechanical Code. Effective July 1, 2015, that certain document known as Amendment 1 to International Mechanical Code 2012 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Mechanical Code as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO INTERNATIONAL MECHANICAL CODE 2012 EDITION

The International Mechanical Code 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear is hereby amended as follows:

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION" is hereby amended as follows:

Section 101.1 Title is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.8 Referenced codes and standards is hereby amended as follows:

The exception is hereby deleted in its entirety.

Section 102.8.1 is hereby deleted in its entirety and replaced with the following:

102.8.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.8.2 Provisions in referenced codes and standards is hereby deleted in its entirety.

Section 103.1 General is hereby deleted in its entirety and replaced with the following:

103.1 Creation of Enforcement Agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official or in the alternative the code official.

Section 106.1 When required is hereby amended as follows:

The following sentence is hereby added to the end of this section: Permits are non- transferable and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section 106.3 Application for permit is hereby deleted in its entirety and replaced with the following:

106.3 Application for permit. To obtain a permit, the applicant shall submit a written application, all required supporting documentation and all applicable fees in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. If the applicable permit application requires the disclosure of occupancy classifications, the application shall indicate the proposed occupancy classifications for all parts of the building and of that portion of the site or lot, if any not covered by the building or structure.

Section 106.3.1 Construction documents is hereby deleted in its entirety and replaced with the following:

106.3.1 Construction documents. Construction documents shall be submitted in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and in accordance with the requirements set forth in Sections 107.2.1 through 107.2.5 and all subsections therein and in Section 107.3.4 and all subsections therein of the International Building Code as adopted and amended by the governing authority, as applicable and as otherwise supplemented herein. In the event of a conflict the more restrictive provisions shall apply. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire- resistance rating and fireblocking. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code and the authority to waive the requirement that construction documents, calculations and or other data be prepared and designed by a registered design professional if compliance with the requirements of this code can be determined by the building official.

Section 106.3.3 Time limitation of application is hereby deleted in its entirety and replaced with the following:

106.3.3 Time limitation of application. In the event a permit has not been issued or an application for a permit has not been denied, an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated before any extension is granted.

Section 106.4 Permit issuance is hereby deleted in its entirety and replaced with the following:

106.4 Permit issuance. The code official shall examine or cause to be examined applications for permits and amendments thereto in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the code official shall reject such application in writing stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the code official shall issue a permit therefor as soon as practicable.

Section 106.4.3 Expiration is hereby deleted in its entirety and replaced with the following:

106.4.3 Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced. Notwithstanding the foregoing, a permittee holding an unexpired permit shall have the right to apply in writing to extend the expiration deadlines set forth herein. The code official is authorized to grant, in writing, one extension of time for a period of not more than 180 days provided that the permittee has demonstrated in writing that no changes have been made or will be made in the original construction documents for the permitted work and that justifiable cause exists for the failure to commence the work within 180 days or for the suspension or abandonment of the work after it was commenced. The fee for the extension shall be the cost of reviewing the application at a rate of $100.00 per hour with a minimum charge of one hour. In order to renew action on a permit after expiration, a new full permit fee shall be paid based on the current fee schedule adopted by the City.

Section 106.4.4 Extensions is hereby deleted in its entirety.

Section 106.5 Fees is hereby deleted in its entirety and replaced with the following:

106.5 Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid. All permit fees and plan review views shall be paid at the time of application supplemental. If the fees paid at the time of application are based on estimates, final fee adjustments will be made and any additional fees owed shall be made prior to the issuance of the applicable permits.

Section 106.5.1 Work commencing before permit issuance is hereby added as follows:

106.5.1 Work commencing before permit issuance. Any person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section 106.5.2 Fee Schedule is hereby deleted in its entirety and replaced with the following:

106.5.2 Fee Schedule. The fees for permits for all mechanical work shall be paid in accordance with the schedule as established by the applicable governing authority, including the fees set forth in the International Building Code as adopted and amended by the governing authority.

Section 106.5.3 Fee refunds is hereby deleted in its entirety and replaced with the following:

106.5.3 Fee Refunds. The code official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 code official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section 108.1 Unlawful acts is hereby deleted in its entirety and replaced with the following:

108.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section 108.2 Notice of violation is hereby deleted in its entirety and replaced with the following:

108.2 Notice of violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 108.2.1 and 108.2.2 below.

Section 108.2.1 Form of notice is hereby added as follows:

108.2.1 Form of notice. A notice of violation or order prescribed in Section 108.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 108.3 Prosecution of violation.

Section 108.2.2 Method of service is hereby added as follows:

108.2.2 Method of service. A notice of violation or order prescribed in Section 108.2 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 108.2.3 Unauthorized Tampering is hereby added as follows:

108.2.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section 108.2.4 Transfer of ownership is hereby added as follows:

Section 108.2.4 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or order and fully accepting responsibility without condition for making the correction of repairs required by such notice of violation or order.

Section 108.3 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

108.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections 108.2.1 and 108.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the code official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 108.4 Violation penalties is hereby deleted in its entirety and replaced with the following:

108.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections 108.2.1 and 108.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deemed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop work orders is hereby deleted in its entirety and replaced with the following:

108.5 Stop work orders. Whenever the code official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or danger or unsafe, the code official is authorized to issue a stop work order.

Section 108.5.1 Stop work order notices is hereby added as follows:

108.5.1 Stop work order notices. Stop work orders shall be in writing and shall comply with the requirements of section 108.2.1 as supplemented herein. The notice shall include a description of the work that is being performed in a manner that is contrary to the provision of this code, dangerous and/or unsafe and a description of the required repairs, improvements, or actions needed to remove a violation or unsafe condition. Such notice shall require the person served to immediately declare to the code official his or her acceptance or rejection of the terms of the order.

Section 108.5.2 Method of service is hereby added as follows:

108.5.2 Method of service. The notice shall be served on the owner, the owner’s agent or the person doing the work. Service of such notice shall be made in accordance with the requirements of section 108.2.2.

Section 108.5.3 Imminent danger is hereby added as follows:

108.5.3 Imminent danger. Where an imminent danger exists, the code official shall not be required to give a written notice prior to stopping work.

Section 108.5.4 Unlawful continuances is hereby added as follows:

108.5.4 Unlawful continuances. Upon issuance of a stop work order, the cited work shall immediately cease. 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 subjection to the penalties as prescribed by law.

Section 109 Means of Appeal, including subsections 109.1 through 109.7 and all subsections therein, is deleted in its entirety and replaced with the following:

SECTION 109

APPEAL

109.1 Appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

Section 110.3 Temporary utilities is hereby deleted in its entirety and replaced with the following:

110.3 Temporary utilities. The code 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 has been issued. The part covered by the temporary certificate shall comply with the requirements for temporary lighting heat or power in NFPA 70 National Electric Code 2011 Edition as adopted and amended by the governing authority.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1 Scope is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202 Definitions is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202 Definitions is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(F) Adoption of International Property Maintenance Code. Effective July 1, 2015, that certain document known as the International Property Maintenance Code 2012 Edition as published by the International Code Council, and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to International Property Maintenance Code. Effective July 1, 2015, that certain document known as Amendment 1 to International Property Maintenance Code 2012 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Property Maintenance Code as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO INTERNATIONAL PROPERTY MAINTENANCE CODE 2012 EDITION

The International Property Maintenance Code 2012 Edition as adopted by the Mayor and Council of the City of Goodyear is hereby amended as follows:

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION" is hereby amended as follows:

Section 101.1 Title is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.7 Referenced codes and standards is hereby amended as follows:

The exception is hereby deleted in its entirety.

Section 102.7.1 is hereby deleted in its entirety and replaced with the following:

102.7.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.7.2 Provisions in referenced codes and standards is hereby deleted in its entirety.

Section 103.1 General is hereby deleted in its entirety and replaced with the following:

103.1 Creation of Enforcement Agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official or in the alternative the code official.

Section 103.5 Fees is hereby deleted in its entirety and replaced with the following:

103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be paid in accordance with the schedule as established by the applicable governing authority, including the fees set forth in the International Building Code as adopted and amended by the governing authority.

Section 106.1 Unlawful acts is hereby deleted in its entirety and replaced with the following:

106.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section 106.3 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections 107.2 and 107.3 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the code official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 106.4 Penalties is hereby deleted in its entirety and replaced with the following:

106.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections 107.2 and 107.3 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 107.1 Notice to persons responsible is hereby deleted in its entirety and replaced with the following:

107.1 Notice of violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 107.2 and 107.3 below.

Section 107.2 Form is hereby deleted in its entirety and replaced with the following:

107.2 Form of notice. A notice of violation or order prescribed in Section 106.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 106.3 Prosecution of violation.

Section 107.3 Method of service is hereby deleted in its entirety and replaced with the following:

107.3 Method of service. A notice of violation or order prescribed in Section 106.2 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 108.1 General is hereby deleted in its entirety and replaced with the following:

108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, the code official shall have the authority to condemn the structure pursuant to the provisions of this code.

Section 111 Means of Appeal, including sections 111.1 through 111.8 and all subsections therein, is deleted in its entirety and replaced with the following:

SECTION 111

MEANS OF APPEAL

111.1 Appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

Section 112.3 Emergencies is deleted in its entirety and replaced with the following:

112.3 Imminent danger. Where an imminent danger exists, the building official shall not be required to give a written notice prior to stopping the work.

Section 112.4 Failure to comply is deleted in its entirety and replaced with the following:

112.4 Failure to comply. Any person who shall continue any work in or about the structure 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 the penalties as prescribed by law.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1 Scope is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202 General Definitions is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202 General Definitions is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(G) Adoption of NFPA 70 National Electric Code. Effective July 1, 2015, that certain document known as the NFPA 70 National Electric Code 2011 Edition, including ANNEXES A-I as published by the National Fire Protection Association International Code Council, and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to NFPA 70 National Electric Code. Effective July 1, 2015, that certain document known as Amendment 1 to NFPA 70 National Electric Code 2011 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending NFPA 70 National Electric Code 2011 Edition, as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO NFPA 70 NATIONAL ELECTRIC CODE 2011 EDITION

The NFPA 70 National Electric Code 2011 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) ARTICLE 90, "INTRODUCTION" is hereby amended as follows:

Section 90.1.1 Incorporation of International Building Code Administrative Provisions is hereby added as follows:

90.1.1 Incorporation of International Building Code Administrative Provisions. The provisions of this code supplement the International Building Code as adopted and amended by the governing authority, and the following administrative provisions of the International Building Code as adopted and amended by the governing authority are incorporated herein by this reference as if fully set forth herein:

Section 103 Department of Building Safety, including sections 103.1 through 103.3 and all subsections therein.

Section 104 Duties and Power of Building Official, including sections 104.1 through 104.11 and all subsections therein.

Section 105 Permits, including sections 105.1 through 105.7 and all subsections therein.

Section 107 Submittal Documents, including sections 107.1 through 107.5 and all subsections therein.

Section 109 Fees, including sections 109.1 through 109.6, and all subsections therein.

Section 110 Inspections, including sections 110.1 through 110.6 and all subsections therein.

Section 114 Violations, including sections 114.1 through 114.6 and all subsections therein.

Section 115 Stop Work Order, including sections 115.1 through 115.4 and all subsections therein.

Section 116 Unsafe Structures and Equipment, including section 116.1 through 116.5, including all subsections therein.

Section 90.1.2 is hereby deleted in its entirety and replaced with the following:

90.1.2 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 90.1.3 Appeals is hereby added as follows:

90.1.3 Appeals. Any person shall have the right to appeal a decision of the building official to the board of appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

90.2 (B) Not Covered is hereby amended to include item (6) to the list of installations not covered amended as follows:

(6) buildings and structures regulated by the International Residential Code for One and Two Family Dwellings as adopted and amended by the governing authority.

(2) ARTICLE 100, "Definitions" is hereby amended as follows:

Section titled Scope is hereby amended as follows:

The following is hereby added to the end of the section titled Scope.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Article 100, Part I general is hereby amended to add the following definitions:

BUILDING OFFICIAL. The individual charged with the administration and enforcement of this code and all other technical codes, including the construction related provisions of the International Fire Code, governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, or that individual’s duly authorized representative(s). The technical codes referred to herein include by way of example, but not limitation, the International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, and the 2010 ADA Standards for Accessible Design as adopted and amended by the governing authority.

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY: The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(H) Adoption of International Energy Conservation Code. Effective July 1, 2015, that certain document known as the International Energy Conservation Code 2012 Edition as published by the International Code Council, and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 of International Energy Conservation Code. Effective July 1, 2015, that certain document known as Amendment 1 to International Energy Conservation Code 2012 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Energy Conservation Code as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO INTERNATIONAL ENERGY CONSERVATION CODE 2012 EDITION

The International Energy Conservation Code 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION" is hereby amended as follows:

Section C101.1 Title is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section C101.2 Scope is hereby deleted in its entirety and replaced with the following:

C101.2 Scope. This code applies to buildings and structures regulated by the International Residential Code For One and Two-Family Dwellings as adopted and amended by the governing authority.

Section C101.4.6 is hereby deleted in its entirety.

Section C101.5 Compliance is hereby amended as follows:

The following sentence is deleted from this section: Commercial buildings shall meet the provisions of IECC—Commercial Provisions.

Section C103.1 General is hereby deleted in its entirety and replaced with the following:

C103.1 Construction documents. Construction documents shall be submitted in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and in accordance with the requirements set forth in Sections 107.2.1 through 107.2.5 and all subsections therein and in Section 107.3.4 and all subsections therein of the International Building Code as adopted and amended by the governing authority, as applicable and as otherwise supplemented herein. In the event of a conflict the more restrictive provisions shall apply. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire-resistance rating and fireblocking. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code and the authority to waive the requirement that construction documents, calculations and or other data be prepared and designed by a registered design professional if compliance with the requirements of this code can be determined by the building official.

Section C103.3 Examination of documents is hereby deleted in its entirety and replaced with the following:

C103.3 Examination of documents. The code official shall examine or cause to be examined applications for permits and amendments thereto, including all required construction documents, in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein and shall ascertain whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws and ordinances. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the code official shall reject such application in writing stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the code official shall issue a permit therefor as soon as practicable.

Section C103.2 Information on construction documents is hereby deleted in its entirety.

Section C105 VALIDITY is hereby renamed VALIDITY AND VIOLATIONS.

Section C105.2 Unlawful acts is hereby added as follows:

C105.2 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section C105.3 Notice of violation is hereby added as follows:

C105.3 Notice of violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections C105.3.1 and C105.3.2 below.

Section C105.3.1 Form of notice is hereby added as follows:

C105.3.1 Form of notice. A notice of violation or order prescribed in Section 108.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 108.3 Prosecution of violation.

Section C105.3.2 Method of service is hereby added as follows:

C105.3.2 Method of service. A notice of violation or order prescribed in Section C105.3 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section C105.3.3 Unauthorized Tampering is hereby added as follows:

C105.3.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section C105.3.4 Transfer of ownership is hereby added as follows:

Section 105.3.4 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or order and fully accepting responsibility without condition for making the correction of repairs required by such notice of violation or order.

Section C105.4 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

C105.4 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections C105.3.1 and C105.3.2 shall be deemed guilty of a civil infraction and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the code official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section C105.5 Violation penalties is hereby added as follows:

C105.5 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections C105.3.1 and C105.3.2 shall be deemed guilty of a civil infraction and shall be subject to the penalties as prescribed by law. Violations shall be deemed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section C106.1.1 Conflicts is hereby deleted in its entirety and replaced with the following:

C106.1.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where there is a conflict between the administrative requirements in the International Building Code as adopted and amended by the governing authority and the administrative requirements in this code, the administrative requirements in the International Building Code as adopted and amended by the governing authority, shall apply.

2. Where there is an administrative provision contained in this code that is not addressed in the International Building Code as adopted and amended by the governing authority, then the administrative provision of this code shall apply.

3. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

Section C106.1.2 "Provisions in referenced codes and standards" is hereby deleted in its entirety.

Section C107.1 Fees is hereby deleted in its entirety and replaced with the following:

C107.1 Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid. All permit fees and plan review views shall be paid at the time of application supplemental. If the fees paid at the time of application are based on estimates, final fee adjustments will be made and any additional fees owed shall be made prior to the issuance of the applicable permits. Permits are non-transferable and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section C107.2 Schedule of permit fees is hereby deleted in its entirety and replaced with the following:

C107.2 Schedule of permit fees. The fees for permits for work shall be paid in accordance with the schedule as established by the applicable governing authority, including the fees set forth in the International Building Code as adopted and amended by the governing authority.

Section C107.3 Work commencing before permit issuance is hereby deleted in its entirety and replaced with the following:

C107.3 Work commencing before permit issuance. Any person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section C107.5 Refunds is hereby deleted in its entirety and replaced with the following:

C107.5 Refunds. The code official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 code official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section C108.1 Authority is hereby deleted in its entirety and replaced with the following:

C108.1 Stop work orders. Whenever the code official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or danger or unsafe, the code official is authorized to issue a stop work order.

Section C108.2 Issuance is hereby deleted in its entirety and replaced with the following:

C108.2 Stop work order notices. Stop work orders shall be in writing and shall comply with the requirements of section C105.3.1 as supplemented herein. The notice shall include a description of the work that is being performed in a manner that is contrary to the provision of this code, dangerous and/or unsafe and a description of the required repairs, improvements, or actions needed to remove a violation or unsafe condition. Such notice shall require the person served to immediately declare to the code official his or her acceptance or rejection of the terms of the order.

Section C108.2.1 Method of service is hereby added as follows:

C108.2.1 Method of service. The notice shall be served on the owner, the owner’s agent or the person doing the work. Service of such notice shall be made in accordance with the requirements of section C105.3.2.

Section C108.3 Emergencies is hereby deleted in its entirety and replaced with the following:

C108.3 Imminent danger. Where an imminent danger exists, the code official shall not be required to give a written notice prior to stopping work.

Section C108.4 Failure to comply is hereby deleted in its entirety and replaced with the following:

C108.4 Unlawful continuances. Upon issuance of a stop work order, the cited work shall immediately cease. 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 subjection to the penalties as prescribed by law.

Section C109 BOARD of APPEALS, including sections C109.1 through C109.3 and all subsections therein is deleted in its entirety and replaced with the following:

SECTION C109

APPEAL

C109.1 Appeal. Any person shall have the right to appeal a decision of the code official to the Board of Appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1 Scope is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202 General Definitions is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202 General Definitions is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(I) Adoption of International Swimming Pool and Spa Code. Effective July 1, 2015, that certain document known as the International Swimming Pool and Spa Code 2012 Edition as published by the International Code Council and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to International Swimming Pool and Spa Code. Effective July 1, 2015, that certain document known as Amendment 1 to International Swimming Pool and Spa 2012 Edition declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697, is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the International Swimming Pool and Spa Code as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO INTERNATIONAL SWIMMING POOL AND SPA CODE 2012 EDITION

The International Swimming Pool and Spa Code 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION" is hereby amended as follows:

Section 101.1 Title is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.7.2 is hereby added:

102.7.2 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 103.1 General is hereby deleted in its entirety and replaced with the following:

103.1 Creation of Enforcement Agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official or in the alternative code official.

Section 105.1 When required is hereby amended as follows:

The following sentence is hereby added to the end of this section: Permits are non- transferable and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section 105.2 Application for permit is hereby deleted in its entirety and replaced with the following:

105.2 Application for permit. To obtain a permit, the applicant shall submit a written application, all required supporting documentation and all applicable fees in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. If the applicable permit application requires the disclosure of occupancy classifications, the application shall indicate the proposed occupancy classifications for all parts of the building and of that portion of the site or lot, if any not covered by the building or structure.

Section 105.3. Construction documents is hereby deleted in its entirety and replaced with the following:

105.3 Construction documents. Construction documents shall be submitted in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and in accordance with the requirements set forth in Sections 107.2.1 through 107.2.5 and all subsections therein and in Section 107.3.4 and all subsections therein of the International Building Code as adopted and amended by the governing authority, as applicable and as otherwise supplemented herein. In the event of a conflict the more restrictive provisions shall apply. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire-resistance rating and fireblocking. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code and the authority to waive the requirement that construction documents, calculations and or other data be prepared and designed by a registered design professional if compliance with the requirements of this code can be determined by the building official.

Section 105.4 Time limitation of application is hereby deleted in its entirety and replaced with the following:

105.4 Time limitation of application. In the event a permit has not been issued or an application for a permit has not been denied, an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceed 90 days each. The extension shall be requested in writing and justifiable cause demonstrated before any extension is granted.

Section 105.5 Permit issuance is hereby deleted in its entirety and replaced with the following:

105.5 Permit issuance. The code official shall examine or cause to be examined applications for permits and amendments thereto in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the code official shall reject such application in writing stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the code official shall issue a permit therefor as soon as practicable.

Section 105.5.3 Expiration is hereby deleted in its entirety and replaced with the following:

105.5.3 Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced. Notwithstanding the foregoing, a permittee holding an unexpired permit shall have the right to apply in writing to extend the expiration deadlines set forth herein. The code official is authorized to grant, in writing, one extension of time for a period of not more than 180 days provided that the permittee has demonstrated in writing that no changes have been made or will be made in the original construction documents for the permitted work and that justifiable cause exists for the failure to commence the work within 180 days or for the suspension or abandonment of the work after it was commenced. The fee for the extension shall be the cost of reviewing the application at a rate of $100.00 per hour with a minimum charge of one hour. In order to renew action on a permit after expiration, a new full permit fee shall be paid based on the current fee schedule adopted by the City.

Section 105.5.4 Extensions is hereby deleted in its entirety.

Section 105.6 Fees is hereby deleted in its entirety and replaced with the following:

105.6 Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid. All permit fees and plan review views shall be paid at the time of application supplemental. If the fees paid at the time of application are based on estimates, final fee adjustments will be made and any additional fees owed shall be made prior to the issuance of the applicable permits.

Section 105.6.1 Work commencing before permit issuance is hereby deleted in its entirety and replaced with the following:

105.6.1 Work commencing before permit issuance. Any person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section 105.6.2 Fee Schedule is hereby deleted in its entirety and replaced with the following:

105.6.2 Fee Schedule. The fees for permits for all plumbing work shall be paid in accordance with the schedule as established by the applicable governing authority, including the fees set forth in the International Building Code as adopted and amended by the governing authority.

Section 105.6.3 Fee refunds is hereby deleted in its entirety and replaced with the following:

105.6.3 Fee refunds. The code official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 code official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section 107.1 Unlawful acts is hereby deleted in its entirety and replaced with the following:

107.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section 107.2 Notice of violation is hereby deleted in its entirety and replaced with the following:

107.2 Notice of violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the code official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 107.2.1 and 107.2.2 below.

Section 107.2.1 Form of notice is hereby added as follows:

107.2.1 Form of notice. A notice of violation or order prescribed in Section 107.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 108.3 Prosecution of violation.

Section 107.2.2 Method of service is hereby added as follows:

107.2.2 Method of service. A notice of violation or order prescribed in Section 107.2 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Sent by certified or first class mail addressed to the last known address; or

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

4. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested to the last known address.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner’s agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 107.2.3 Unauthorized Tampering is hereby added as follows:

107.2.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section 107.2.4 Transfer of ownership is hereby added as follows:

Section 107.2.4 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or order and fully accepting responsibility without condition for making the correction of repairs required by such notice of violation or order.

Section 107.3 Prosecution of violation is hereby deleted in its entirety and replaced with the following:

107.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections 107.2.1 and 107.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with the code official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 107.4 Violation penalties is hereby deleted in its entirety and replaced with the following:

107.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; 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; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections 107.2.1 and 107.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 107.5 Stop work orders is hereby deleted in its entirety and replaced with the following:

107.5 Stop work orders. Whenever the code official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or danger or unsafe, the code official is authorized to issue a stop work order.

Section 107.5.1 Stop work order notices is hereby added as follows:

107.5.1 Stop work order notices. Stop work orders shall be in writing and shall comply with the requirements of section 107.2.1 as supplemented herein. The notice shall include a description of the work that is being performed in a manner that is contrary to the provision of this code, dangerous and/or unsafe and a description of the required repairs, improvements, or actions needed to remove a violation or unsafe condition. Such notice shall require the person served to immediately declare to the code official his or her acceptance or rejection of the terms of the order.

Section 107.5.2 Method of service is hereby added as follows:

107.5.2 Method of service. The notice shall be served on the owner, the owner’s agent or the person doing the work. Service of such notice shall be made in accordance with the requirements of section 107.2.2.

Section 107.5.3 Imminent danger is hereby added as follows:

107.5.3 Imminent danger. Where an imminent danger exists, the code official shall not be required to give a written notice prior to stopping work.

Section 107.5.4 Unlawful continuances is hereby added as follows:

107.5.4 Unlawful continuances. Upon issuance of a stop work order, the cited work shall immediately cease. 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 subjection to the penalties as prescribed by law.

Section 107.7.3 Connection after order to disconnect is hereby amended as follows:

The second paragraph in this section is deleted.

Section 108 Means of Appeal including sections 108.1 through 108.7 and all subsections therein is deleted in its entirety and replaced with the following:

SECTION 108

APPEAL

108.1 Appeal. Any person shall have the right to appeal a decision of the code official to the Board of Appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1 Scope is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3 Terms defined in other codes is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Swimming Pool and Spa Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202 General Definitions is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202 General Definitions is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

The definition of OWNER in Section 202 General Definitions is hereby deleted in its entirety and replaced with the following:

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(J) Adoption of ICC A117.1 Accessible and Usable Buildings and Facilities Code. Effective July 1, 2015, that certain document known as the ICC A117.1 Accessible and Usable Buildings and Facilities Code, 2009 Edition, as published by the International Code Council, and adopted as a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to ICC A117.1 Accessible and Usable Buildings and Facilities. Effective July 1, 2015, that certain document known as Amendment 1 to ICC A117.1 Accessible and Usable Buildings and Facilities 2009 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697, is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the ICC A117.1 Accessible and Usable Facilities 2009 Edition as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO ICC A117.1 ACCESSIBLE AND USABLE BUILDINGS
AND FACILITIES 2009 EDITION

The ICC A117.1 Accessible and Usable Buildings and Facilities 2009 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

Section 101.1 Incorporation of International Building Code Administrative Provisions is hereby added as follows:

101.1 Incorporation of International Building Code Administrative Provisions. The provisions of this code supplement the International Building Code as adopted and amended by the governing authority, and the following administrative provisions of the International Building Code as adopted and amended by the governing authority are incorporated herein by this reference as if fully set forth herein:

Section 103 Department of Building Safety, including sections 103.1 through 103.3 and all subsections therein.

Section 104 Duties and Power of Building Official, including sections 104.1 through 104.11 and all subsections therein.

Section 105 Permits, including sections 105.1 through 105.7 and all subsections therein.

Section 107 Submittal Documents, including sections 107.1 through 107.5 and all subsections therein.

Section 109 Fees, including sections 109.1 through 109.6, and all subsections therein.

Section 110 Inspections, including sections 110.1 through 110.6 and all subsections therein.

Section 114 Violations, including sections 114.1 through 114.6 and all subsections therein.

Section 115 Stop Work Order, including sections 115.1 through 115.4 and all subsections therein.

Section 116 Unsafe Structures and Equipment, including section 116.1 through 116.5, including all subsections therein.

Section 105.3 is hereby deleted in its entirety and replaced with the following:

105.3 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 105.4 Appeals is hereby added as follows:

105.4 Appeals. Any person shall have the right to appeal a decision of the building official to the board of appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

Section 106.1 General is hereby amended as follows:

The following is hereby added to the end of the section titled General:

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 106.5 Defined Terms is hereby amended to add the following definitions:

BUILDING OFFICIAL. The individual charged with the administration and enforcement of this code and all other technical codes, including the construction related provisions of the International Fire Code, governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, or that individual’s duly authorized representative(s). The technical codes referred to herein include by way of example, but not limitation, the International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, and the 2010 ADA Standards for Accessible Design as adopted and amended by the governing authority.

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY: The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(K) Adoption of NFPA 99 Standard for Health Care Facilities Code. Effective July 1, 2015, that certain document known as the NFPA 99 Standard for Health Care Facilities Code, 2012 Edition, as published by the National Fire Protection Association and adopted as a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to NFPA 99 Standard for Health Care Facilities Code. Effective July 1, 2015, that certain document known as Amendment 1 to NFPA 99 Standard for Health Care Facilities Code 2012 Edition and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697 is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the NFPA 99 Standard for Health Care Facilities Code 2012 Edition as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO NFPA 99 STANDARD FOR HEALTH CARE FACILITIES CODE
2012 EDITION

The NFPA 99 Standard for Health Care Facilities Code 2012 Edition, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

(1) CHAPTER 1, "Administration" is hereby amended as follows:

Section 1.6.3 Incorporation of International Building Code Administrative Provisions is hereby added as follows:

1.6.3 Incorporation of International Building Code Administrative Provisions. The provisions of this code supplement the International Building Code as adopted and amended by the governing authority, and the following administrative provisions of the International Building Code as adopted and amended by the governing authority are incorporated herein by this reference as if fully set forth herein:

Section 103 Department of Building Safety, including sections 103.1 through 103.3 and all subsections therein.

Section 104 Duties and Power of Building Official, including sections 104.1 through 104.11 and all subsections therein.

Section 105 Permits, including sections 105.1 through 105.7 and all subsections therein.

Section 107 Submittal Documents, including sections 107.1 through 107.5 and all subsections therein.

Section 109 Fees, including sections 109.1 through 109.6, and all subsections therein.

Section 110 Inspections, including sections 110.1 through 110.6 and all subsections therein.

Section 114 Violations, including sections 114.1 through 114.6 and all subsections therein.

Section 115 Stop Work Order, including sections 115.1 through 115.4 and all subsections therein.

Section 116 Unsafe Structures and Equipment, including section 116.1 through 116.5, including all subsections therein.

Section 1.6.4 Appeals is hereby added as follows:

1.6.4 Appeals. Any person shall have the right to appeal a decision of the building official to the board of appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

(2) CHAPTER 2, "Referenced Publications" is hereby amended as follows:

Section 2.1.2 is hereby added as follows:

2.1.2 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

(3) CHAPTER 3, "Definitions" is hereby amended as follows:

Section 3.1 General is hereby amended as follows:

The following is hereby added to the end of the section titled General.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 3.2.2 Authority having Jurisdiction (AHJ) is hereby deleted in its entirety and replaced with the following:

3.2.2 Authority Having Jurisdiction (AHJ). The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Chapter 3 Definitions is hereby amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY: The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(L) Adoption of 2010 ADA Standards for Accessible Design. Effective July 1, 2015, that certain document known as the 2010 ADA Standards for Accessible Design, as published by the Department of Justice and adopted as a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697, is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein.

(1) Adoption of Amendment 1 to 2010 ADA Standards for Accessible Design. Effective July 1, 2015, that certain document known as Amendment 1 to 2010 ADA Standards for Accessible Design and declared a public record by the Mayor and Council of the City of Goodyear by Resolution 15-1697, is hereby referred to, adopted, and made a part hereof as if fully and completely set forth herein amending the 2010 ADA Standards for Accessible Design as adopted by the Mayor and Council of the City of Goodyear.

AMENDMENT 1 TO 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN

The 2010 ADA Standards for Accessible Design, as adopted by the Mayor and Council of the City of Goodyear, is hereby amended as follows:

The following Chapter Titled General Administrative Provisions is hereby added as follows:

Chapter 1

GENERAL ADMINISTRATIVE PROVISIONS

101. Purpose. This General Administrative Chapter 1 contains administrative provisions applicable to the enforcement of the Title II regulations at 28 CFR 35.151 (2010 Standards for State and Local Government Facilities); the Title III regulations at 28 CFR part 36, subpart (D) (2010 Standards for Public Accommodations and Commercial Facilities); and the 2004 ADAAG regulations applicable to both Title II and Title III Facilities at 36 CFR part 1191, appendices B and D.

101.1 Incorporation of International Building Code Administrative Provisions. The provisions of this code supplement the International Building Code as adopted and amended by the governing authority, and the following administrative provisions of the International Building Code as adopted and amended by the governing authority are incorporated herein by this reference as if fully set forth herein:

Section 103 Department of Building Safety, including sections 103.1 through 103.3 and all subsections therein.

Section 104 Duties and Power of Building Official, including sections 104.1 through 104.11 and all subsections therein.

Section 105 Permits, including sections 105.1 through 105.7 and all subsections therein.

Section 107 Submittal Documents, including sections 107.1 through 107.5 and all subsections therein.

Section 109 Fees, including sections 109.1 through 109.6, and all subsections therein.

Section 110 Inspections, including sections 110.1 through 110.6 and all subsections therein.

Section 114 Violations, including sections 114.1 through 114.6 and all subsections therein.

Section 115 Stop Work Order, including sections 115.1 through 115.4 and all subsections therein.

Section 116 Unsafe Structures and Equipment, including section 116.1 through 116.5, including all subsections therein.

102 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply unless otherwise provided by law or as otherwise expressly provided herein.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer’s instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

103 Appeals. Any person shall have the right to appeal a decision of the building official to the board of appeals as provided in Section 113 Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

104 Scope. Unless otherwise expressly stated, the following words and terms shall, for purposes of this Section General Administrative Provisions, have the meanings set forth herein. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Section General Administrative Provisions, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

104.2 Definitions.

BUILDING OFFICIAL. The individual charged with the administration and enforcement of this code and all other technical codes, including the construction related provisions of the International Fire Code, governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, or that individual’s duly authorized representative(s). The technical codes referred to herein include by way of example, but not limitation, the International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, and the 2010 ADA Standards for Accessible Design as adopted and amended by the governing authority.

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY: The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

(M) Adoption of Sound Transmission Control Near Luke Air Force Base. Effective July 1, 2015, that certain document known as "Sections 1215 through 1229 of Appendix Chapter 12 of the Uniform Building Code and Exhibits and Appendix Thereto Providing for Sound Transmission Control Near Luke Air Base, 1996, as published by Maricopa Association of Governments" and declared a public record by Resolution 15-1697 is hereby referred to, adopted, and made a part hereto as if fully and completely set forth herein.

SOUND TRANSMISSION CONTROL

Adopted by MAG Building Codes Committee on April 17, 1996

Sound Transmission Control near Luke Air Force Base

SECTION 1215. DEFINITIONS

In this ordinance, unless the context otherwise requires:

"ASTM (American Society for Testing and Materials)" means an organization which develops and publishes recommended practices and standards for a broad range of testing and material properties issues.

"A-WEIGHTED SOUND LEVEL" means a quantity, in decibels, read from a standard sound level meter which discriminates against the lower frequencies to which the ear is less sensitive. The A-weighted scale attempts to approximate the auditory sensitivity of the human ear.

"DAY-NIGHT AVERAGE SOUND LEVEL (DNL)" means the A-weighted equivalent continuous sound exposure for a 24 hour period with a 10 dB adjustment added to sound levels occurring during nighttime hours (10 p.m. to 7 a.m.).

"INTERIOR NOISE LEVEL" means the sound level of noise in any habitable room with windows and doors closed.

"NOISE CONTOURS" mean lines which connect points subject to equal noise levels expressed in terms of average daily noise over a 24-hour period.

"R-VALUE" means insulation properties of an assembly. Insulation properties are further defined as the ability to reduce the factor of heat transmission or loss.

"SOUND TRANSMISSION CLASS (STC)" means a single-number rating for describing sound transmission loss of a wall, roof, floor, window, door, partition or other individual building components or assemblies.

SECTION 1217. APPLICATION TO NEW BUILDINGS

The criteria of this ordinance establish the minimum requirements for acoustic design of the exterior envelope of buildings and for through-the-wall ventilation (HVAC) units and their parts. These requirements shall apply to all new buildings and alterations for first occupancy after October 1, 1996 that are located on property on which the average sound level is sixty-five decibels or greater. This noise level is defined by the noise contours for Luke Air Force Base prepared as a part of the 1988 Maricopa Association of Governments Westside Joint Land Use Study (see Exhibit 1). The criteria of this ordinance do not apply to ancillary buildings used in agricultural land use.

SECTION 1219. APPLICATION TO EXISTING BUILDINGS

A. Additions may be made to existing buildings without making the entire building comply with all the requirements of this ordinance for new construction.

B. If the gross floor area of a building is expanded by less than fifty per cent, the requirements of this section apply only to the area of expansion. If the gross floor area of a non-residential building is expanded by fifty percent or more, the requirements of this section apply to the entire building.

C. Any change in occupancy or use of a building shall not be permitted unless the building or portion of the building complies with this ordinance.

SECTION 1221. PLANS AND SPECIFICATIONS

The plans and specifications shall show in sufficient detail all pertinent data and features of the building and the equipment and systems, as herein governed, including, but not limited to: exterior envelope component materials; STC ratings of applicable component assemblies; R-values of applicable insulation materials; size and type of apparatus and equipment; equipment and system controls and other pertinent data to indicate conformance with the requirements herein.

SECTION 1223. ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION

A. The provisions of this ordinance are not intended to prevent the use of any material or method of construction not specifically prescribed by this ordinance, provided any alternative has been approved and its use authorized by the building official.

B. The building official may approve any such alternate, provided the building official finds that the proposed design is satisfactory and complies with the provisions of this ordinance and that the material or method of construction is, for the purpose intended, at least the equivalent of that prescribed in this ordinance in noise level reduction.

C. The building official shall require that sufficient evidence or proof be submitted by a licensed architect or engineer to substantiate any claims that may be made regarding the use of alternative materials and methods. The details of any action granting approval of an alternate shall be recorded and entered in the files of the county, city or town.

SECTION 1225. BUILDING REQUIREMENTS FOR A NOISE LEVEL REDUCTION
OF 25 dB

Compliance with Section 1231 through Section 1239 in Appendix A shall be deemed to meet requirements for a minimum noise level reduction (NLR) of 25 decibels. This noise level reduction is required within the 65-70 DNL noise contours as depicted in Exhibit 1.

SECTION 1227. BUILDING REQUIREMENTS FOR A NOISE LEVEL REDUCTION
OF 30 dB

Compliance with Section 1241 through Section 1249 in Appendix A shall be deemed to meet requirements for a minimum noise level reduction (NLR) of 30 decibels. This noise level reduction is required within the 70-75 DNL noise contours as depicted in Exhibit 1.

SECTION 1229. BUILDING REQUIREMENTS FOR A NOISE LEVEL REDUCTION
OF 35 dB

Compliance with Section 1251 through Section 1259 in Appendix A shall be deemed to meet requirements for a minimum noise level reduction (NLR) of 35 decibels. This noise level reduction is required within the 75-80 DNL noise contours as depicted in Exhibit 1.

APPENDIX A

SOUND ATTENUATION STANDARDS

Adopted by MAG Building Codes Committee on April 17, 1996

 

25db Reduction (Required Within 65-70 DLN Noise Contours in Exhibit 1).

30db Reduction (Required within 70-75 DNL Noise Contour in Exhibit 1).

35db Reduction (Required within 75-80 DNL Noise Contour in Exhibit 1).

General

Section 1231
a. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight.

Section 1241
a. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight.

Section 1251
a. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight.

 

b. At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar.

b. At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar

b. At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar.

 

c. Window and/or through-the-wall ventilation units (HVAC) shall not be used.

c. Window and/or through-the-wall ventilation (HVAC) units shall not be used.

c. Window and/or through-the-wall ventilation units shall not be used.

 

d. Through-the wall/door mail boxes shall not be used.

d. Through-the wall/door mail boxes shall not be used.

d. Through-the wall/door mail boxes shall not be used.

 

e. All sleeping spaces shall be provided with a sound-absorbing ceiling system and carpeted floors.

e. All sleeping spaces shall be provided with a sound-absorbing ceiling system and a carpeted floor.

e. All sleeping spaces shall be provided with a sound-absorbing ceiling system and a carpeted floor.

 

 

f. Operational vented fireplaces shall not be used.

f. Operational vented fireplaces shall not be used.

 

 

 

g. No glass or plastic skylight shall be used.

Exterior Walls

Section 1233
a. Exterior walls, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC 39;

Section 1243
a. Exterior walls, other than as described in this section, shall have laboratory sound transmission class rating of at least STC 44;

Section 1253
a. Exterior walls, other than as described in this section shall have a laboratory sound transmission class rating of at least STC 49;

 

b. Masonry walls having a weight of at least 25 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy "bridging" paint.

b. Masonry walls having a weight of at least 40 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy "bridging" paint.

b. Masonry walls having a weight of at least 75 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy "bridging" paint.

 

c. Stud walls shall be at least 4 inches in nominal depth and shall be finished on the outside with solid sheathing under an approved exterior wall finish: siding-on-sheathing, stucco or brick veneer.

c. Stud walls shall be at least 4 inches in nominal depth and shall be finished on the outside with solid sheathing under an approved exterior wall finish: siding on sheathing, stucco or brick veneer.

c. Stud walls shall be at least 4 inches in nominal depth and shall be finished on the outside with solid sheathing under an approved exterior wall finish: siding-on-sheathing, stucco, or brick veneer.

 

1. Interior surface of the exterior walls shall be of gypsum board or plaster at least 1/2 inch thick, installed on the studs.

1. Interior surface of the exterior walls shall be of gypsum board or plaster at least 1/2 inch thick, installed on the studs. The gypsum board or plaster may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the exterior is siding-on-sheathing, the interior gypsum board or plaster must be fastened resiliently to the studs.

1. Interior surface of the exterior walls shall be of gypsum board or plaster at least 5/8 inch thick installed on the studs. The gypsum board or plaster may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the exterior is siding on sheathing, the interior gypsum board or plaster must be fastened resiliently to the studs or double thickness must be used.

 

2. Continuous composition board, plywood or gypsum board sheathing at least 1/2 inch thick shall cover the exterior side of the wall studs behind wood or metal siding. Asphaltic or wood shake shingles are acceptable in lieu of siding.

2. Continuous composition board, plywood, or gypsum board sheathing at least 3/4 inch thick shall cover the exterior side of the wall studs behind wood, or metal siding. The sheathing and facing shall weigh at least 4 pounds per square foot

2. Continuous composition board, plywood, or gypsum board sheathing at least 1 inch thick shall cover the exterior side of the wall studs. The sheathing and facing shall weigh at least 4 pounds per square foot.

 

3. Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The top and bottom edges of the sheathing shall be sealed.

3. Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The top and bottom edges of the sheathing shall be sealed.

3. Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The top and bottom edges of the sheathing shall be sealed.

 

4. Insulation material at least R-11 shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wool.

4. Insulation material at least R-15 shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wool.

4. Insulation material at least R-19 shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wool.

Exterior Windows

Section 1234
a. Windows other than as described in this section shall have a laboratory sound transmission class rating of at least STC-28;

Section 1244
a. Windows other than as described in this section shall have a laboratory sound transmission class rating of at least STC-33;

Section 1254
a. Windows other than as described in this section shall have a laboratory sound transmission class rating of at least STC-38;

 

b. Glass shall be at least 3/16 inch thick, double glazed.

b. Windows shall be double glazed with panes at least 3/16 inch thick. Panes of glass shall be separated by a minimum 1/2 inch airspace.

b. Glass of double glazed windows shall be at least 3/16 inch thick. Panes of glass shall be separated by a minimum 1/2 inch airspace and shall not be equal in thickness.

 

c. All operable windows shall be weatherstripped and airtight when closed so as to conform to an air infiltration test not to exceed 0.5 cubic foot per minute per foot of crack length in accordance with ASTM E-283-65-T.

c. Double-glazed windows shall employ fixed sash or efficiently weatherstripped, operable sash. The sash shall be rigid and weatherstripped with material that is compressed airtight when the window is closed so as to conform to an infiltration test not to exceed 0.5 cubic foot per minute per foot of crack length in accordance with ASTM E-283-65-T.

c. Double-glazed windows shall employ fixed sash or efficiently weatherstripped, operable sash. The sash shall be rigid and weatherstripped with material that is compressed airtight when the window is closed so as to conform to an infiltration test not to exceed 0.5 cubic foot per minute per foot of crack length in accordance with ASTM E-283-65-T.

 

d. Glass of fixed sash windows shall be sealed in an airtight manner with a nonhardening sealant or a soft elastomer gasket or glazing tape.

d. Glass of fixed sash windows shall be sealed in an airtight manner with a nonhardening sealant or a soft elastomer gasket or gasket tape.

d. Glass of windows shall be sealed in an airtight manner with nonhardening sealant or a soft elastomer gasket or glazing tape.

 

e. The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following Federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.

e. The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following Federal specifications: TT-S-0027, TT-S-00230 or TT-S-00153.

e. The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following Federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.

 

f. The total area of glass in both windows and doors in sleeping spaces shall not exceed 20% of the floor area.

f. The total area of glass of both windows and exterior doors in sleeping spaces shall not exceed 20% of the floor area.

f. The total area of glass of both windows and exterior doors in sleeping spaces shall not exceed 20% of the floor area.

Exterior Doors

Section 1235
a. Doors other than as described in this section shall have a laboratory sound transmission class rating of at least STC-28.

Section 1245
a. Doors other than as described in this section shall have a laboratory sound transmission class rating of at least STC-33;

Section 1255
a. Doors other than as described in this section shall have a laboratory sound transmission class rating of at least STC 38;

 

b. All exterior side-hinged doors shall be solid-core wood or insulated hollow metal at least 1-3/4 inches thick and shall be fully weatherstripped.

b. Double door construction is required for all door openings to the exterior. Openings fitted with side-hinged doors shall have one solid core wood or insulated hollow metal door at least 1-3/4 inches thick separated by an airspace of at least 4 inches from another door, which can be a storm door. Both doors shall be tightly fitted and weatherstripped.

b. Double door construction is required for all door openings to the exterior. The doors shall be side-hinged and shall be solid core wood or insulated hollow metal door at least 1-3/4 inches thick, separated by a vestibule or enclosed porch at least 3 feet in length. Both doors shall be tightly fitted and weatherstripped.

 

c. Exterior sliding doors shall be weatherstripped with an efficient airtight gasket system with performance as specified in Section 1234 (c). The glass in the sliding doors shall be at least 3/16 inch thick.

c. The glass of double glazed sliding doors shall be separated by a minimum 1/2 inch airspace. Each sliding frame shall be provided with an efficiently airtight weatherstripping material as specified in Section 1244 (c).

c. The glass of double glazed sliding doors shall be separated by a minimum 1/2 inch airspace. Each sliding frame shall be provided with an efficiently airtight weatherstripping material as specified in Section 1254 (c).

 

d. Glass in doors shall be sealed in an airtight nonhardening sealant or in a soft elastomer gasket or glazing tape.

d. Glass in all doors shall be at least 3/16 inch thick. Glass in double sliding doors shall not be equal in thickness.

d. Glass of all doors shall be at least 3/16 inch thick. Glass in double sliding doors shall not be equal in thickness.

 

e. The perimeter of door frames shall be sealed airtight to the exterior wall construction (framing) as described in Section 1234 (e).

e. The perimeter of door frames shall be sealed airtight to the exterior wall construction (framing) as indicated in Section 1244 (e).

e. The perimeter of door frames shall be sealed airtight to the exterior wall construction (framing) as indicated in Section 1254 (e).

 

 

f. Glass in doors shall be sealed in an airtight nonhardening sealant or in a soft elastomer gasket or glazing tape.

f. Glass in doors shall be sealed in an airtight nonhardening sealant or in a soft elastomer gasket or glazing tape.

Roofs

Section 1236
a. Combined roof and ceiling construction other than described in this section and Section 1237 shall have a laboratory sound transmission class rating of at least STC-39;

Section 1246
a. Combined roof and ceiling construction other than described in this section and Section 1247 shall have a laboratory sound transmission class rating of at least STC-44;

Section 1256
a. Combined roof and ceiling construction other than described in this section and Section 1257 shall have a laboratory sound transmission class rating of at least STC-49;

 

b. With an attic or rafter space at least 6 inches deep, and with a ceiling below, the roof shall consist of 1/2 inch composition board, plywood or gypsum board sheathing topped by roofing as required.

b. With an attic or rafter space at least 6 inches deep, and with a ceiling below, the roof shall consist of 3/4 inch closely butted composition board, plywood or gypsum board sheathing topped by roofing as required.

b. With an attic or rafter space at least 6 inches deep, and with a ceiling below, the roof shall consist of 1 inch composition board, plywood or gypsum board sheathing topped by roofing as required.

 

c. Open beam roof construction shall follow the energy insulation standard method for batt insulation.

c. Open beam roof construction shall follow the energy insulation standard method for batt insulation, except use 1 inch plywood decking with shakes or other suitable roofing material.

c. Open beam roof construction shall follow the energy insulation standard method for batt insulation, except use 1inch plywood decking with concrete or clay tiles as roofing material.

 

d. If the underside of the roof is exposed, or if the attic or rafter spacing is less than 6 inches, the roof construction shall have a surface weight of at least 6 pounds per square foot. Rafters, joists, or other framing may not be included in the surface weight calculation

d. If the underside of the roof is exposed, or if the attic or rafter spacing is less than 6 inches, the roof construction shall have a surface weight of at least 9 pounds per square foot. Rafters, joists or other framing may not be included in the surface weight calculations.

d. If the underside of the roof is exposed, or if the attic or rafter spacing is less than 6 inches, the roof construction shall have a surface weight of 9 pounds per square foot. Rafters, joists or other framing may not be included in the surface weight calculation.

 

e. Window or dome skylights shall have a laboratory sound transmission class rating of at least STC-28.

e. Window or dome skylights shall have a laboratory sound transmission class rating of at least STC-33.

 

Ceiling

Section 1237
a. Gypsum board or plaster ceilings at least 1/2 inch thick shall be provided where required by Section 1236 (b). Ceilings shall be substantially airtight with a minimum of penetrations.

Section 1247
a. Gypsum board or plaster ceilings at least 5/8 inch thick shall be provided where required by Section 1246 (b), above. Ceilings shall be substantially airtight with a minimum of penetrations.

Section 1257
a. Gypsum board or plaster ceilings at least 5/8 inch thick shall be provided where required by Section 1256, above. Ceilings shall be substantially airtight with a minimum of penetrations. The ceiling panels shall be mounted on resilient clips or channels.

 

b. Glass fiber or mineral wool insulation at least R-19 shall be provided above the ceiling between joists.

b. Glass fiber or mineral wool insulation at least R -25 shall be provided above the ceiling between joists.

b. Glass fiber or mineral wool insulation at least R-30 shall be provided above the ceiling between joists.

Floors

Section 1238
Openings to any crawl spaces below the floor of the lowest occupied rooms shall not exceed 2% of the floor area of the occupied rooms.

Section 1248
The floor of the lowest occupied rooms shall be slab on fill, below grade, or over a fully enclosed basement or crawl space. All door and window openings in the fully enclosed basement shall be tightly fitted. Crawl space ventilation shall comply with section 1238.

Section 1258
a. The floor of the lowest occupied rooms shall be slab on fill or below grade.

Ventilation

Section 1239
a. A ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms without the need to open any windows, doors or other openings to the exterior. The inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with 1 inch thick coated glass fiber, and shall be at least 5 feet long with one 90 degree bend.

Section 1249
a. A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms without the need to open any windows, doors or other openings to the exterior. The inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with 1 inch thick coated glass fiber, and shall be at least 5 feet long with one 90 degree bend.

Section 1259
a. A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms without the need to open any windows, doors or other openings to the exterior. The inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with 1 inch thick coated glass fiber, and shall be at least 10 feet long with one 90 degree bend.

 

b. Gravity vent openings in attics shall not exceed code minimum in number and size, as practical.

b. Gravity vent openings in attics shall not exceed code minimum in number and size, as practical. The openings shall be fitted with transfer ducts at least 3 feet in length containing internal 1 inch thick coated fiberglass sound-absorbing duct lining. Each duct shall have a lined 90 degree bend in the duct such that there is no direct line-of-sight from the exterior through the duct into the attic.

b. Gravity vent openings in attics shall be as close to code minimum in number and size, as practical. The openings shall be fitted with transfer ducts at least 6 feet in length containing internal 1 inch thick coated fiberglass sound-absorbing duct lining. Each duct shall have a lined 90 degree bend in the duct such that there is no direct line-of-sight from the exterior through the duct into the attic.

 

c. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with coated glass fiber 1 inch thick, and shall be at least 5 ft long with one 90 degree bend.

c. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with coated glass fiber 1 inch thick, and shall be at least 5 ft long with one 90 degree bend.

c. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with 1 inch thick coated glass fiber, and shall be at least 10 ft long with one 90 degree bend.

 

d. All other vent ducts connecting the interior space to the outdoors, shall contain at least a 5-foot length of internal sound-absorbing duct lining. Each duct shall be provided with a bend in the duct such that there is no direct line-of-sight through the duct from the venting cross-section to the room- opening cross-section.
Duct lining shall be coated glass fiber duct liner at least 1 inch thick approved and suitable for the intended use.

d. All other vent ducts connecting the interior space to the outdoors, shall contain at least a 10-foot length of internal sound-absorbing duct lining. Each duct shall be provided with a lined 90 degree bend in the duct such that there is no direct line-of-sight through the duct from the venting cross-section to the room opening cross-section. Duct lining shall be coated glass fiber duct liner at least 1 inch thick approved and suitable for intended use.

d. All other vent ducts connecting the interior space to the outdoors, shall contain at least a 10-foot length of internal sound-absorbing duct lining. Each duct shall be provided with a lined 90 degree bend in the duct such that there is no direct line-of-sight through the duct from the venting cross-section to the room-opening cross-section. Duct lining shall be coated glass fiber duct liner at least 1 inch thick approved and suitable for intended use.

 

e. Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination which allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material.

e. Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a self-closing baffle plate across the exterior termination which allows proper ventilation. Each duct shall be provided with a bend in the duct such that there is no direct line-of-sight through the duct from the venting cross-section to the room-opening cross-section. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be made of the same material and thickness as the vent duct material.

e. Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a self- closing baffle plate across the exterior termination which allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material. The duct shall be offset such that there is no direct line-of-sight through the duct.

 

f. Fireplaces shall be provided with well fitted dampers as required for the type of fuel being used and tightly fitted glass doors.

f. Building heating units with flues or combustion air vents shall be located in a closet or room closed off from the occupied space by doors.

f. Building heating units with flues or combination air vents shall be located in a closet or room closed off from the occupied space by doors.

 

 

g. Doors between occupied space and mechanical equipment areas shall be solid core wood or 20 gauge insulated steel hollow metal at least l-3/4 inch thick and shall be fully weather stripped.

g. Doors between occupied space and mechanical equipment areas shall be solid core wood or 20 gauge insulated hollow metal at least 1-3/4 inch thick and shall be fully weather stripped.

(Prior Code, § 9-1-1) (Am. Ord. 99-637, passed 1-11-1999; Am. Ord. 2001-774, passed 11-26-2001; Am. Ord. 04-887, passed 3-8-2004; Am. Ord. 04-911, passed 9-13-2004; Am. Ord. 07-1071, passed 5-14-2007; Am. Ord. 07-1086, passed 9-25-2007; Am. Ord. 09-1171, passed 3-23-09; Am. Ord. 15-1319, passed 5-18-2015)

9-1-2 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 City of Goodyear in addition to the provisions of this chapter.

(Prior Code, § 9-1-2)

9-1-3 PENALTIES.

(A) Any person, firm, corporation, partnership or association, whether principal, owner, agent, tenant or otherwise found guilty of violating any of the provisions of Article 9-1 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than $50 and not greater than $2,500 for an individual or not less than $400 and not greater than $20,000 for an Enterprise, or imprisonment not to exceed six months or by both such fine and imprisonment. The term ENTERPRISE as used in this subsection shall mean any corporation, partnership, association, labor union, or other entity or any group of associated persons although not a legal entity.

(B) Notwithstanding the provisions in subsection (A) of this section providing for the enforcement of violations of provisions of Article 9-1 as misdemeanors, violation of any provisions of Article 9-1 are declared to be civil code violations that may be adjudicated and enforced by the city court pursuant to Chapter 18 of the Goodyear City Code, as an additional enforcement alternative to other remedies provided in this section. Use of this civil code enforcement alternative is not mandatory and shall be at the discretion of the city official undertaking enforcement action on an alleged violation of any provision of Article 9-1.

(C) Upon a finding of responsible to a civil violation of any provision of Article 9-1, the court shall impose a civil sanction not less than $50 and not greater than $2,500 for an individual and not less than $400 and not greater than $20,000 for an Enterprise. The term ENTERPRISE as used in this subsection shall mean any corporation, partnership, association, labor union, or other entity or any group of associated persons although not a legal entity.

(Ord. 15-1319, passed 5-18-2015)

9-1-4 EACH DAY A SEPARATE VIOLATION.

(A) Each day a violation continues shall constitute a separate offense.

(Ord. 15-1319, passed 5-18-2015)

9-1-5 VIOLATIONS NOT EXCLUSIVE.

(A) Violations of the provisions of Article 9-1 are in addition to any other violation of applicable Goodyear ordinance or code provision and in no way limits the penalties, actions, or abatement procedures which may be taken by the City of Goodyear for any violation of the provisions of Article 9-1 which is also a violation of any other ordinance or code provision of the City of Goodyear, or statutes of the State of Arizona.

(Ord. 15-1319, passed 5-18-2015)

9-1-6 INJUNCTIONS.

(A) If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the provisions of Article 9-1, the City, or any property owner or tenant in such building or structure, in addition to other remedies, may institute any appropriate action or proceedings:

(1) To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(2) To prevent the occupancy of the building structure or land;

(3) To prevent any illegal act, conduct, business or use in or about the premises; or

(4) To restrain, correct or abate the violation.

(B) When any such action is instituted by a property owner or tenant, notice of such action shall be served upon the City at the time suit is begun, by serving a copy of the complaint on the City Clerk.

(C) In any such action or proceeding, the court with jurisdiction thereof has the power and in its discretion may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purpose of Article 9-1.

(Ord. 15-1319, passed 5-18-2015)