CHAPTER 3-1: INTERNATIONAL BUILDING CODE

SECTIONS:

3-1-1:    ADOPTION OF THE INTERNATIONAL BUILDING CODE:

3-1-2:    AMENDMENTS:

3-1-3:    PENALTY:

3-1-1 ADOPTION OF THE INTERNATIONAL BUILDING CODE:

There is hereby adopted by reference, that certain document known as the "International Building Code, 2024 Edition," including Appendices B and G, as published by the International Code Council. Said document is hereby amended and adopted as the "International Building Code" for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all regulations, provisions, penalties, conditions, and terms of the various technical codes and ordinances. Providing procedures for enforcement thereof; providing the severability of each and all conditions and terms of the "International Building Code" are hereby referred to, adopted, and made as part hereof as set forth herein, excepting such portions as are herein deleted, modified or amended. (Ord. 2025-1919, 11-18-2025)

3-1-2 AMENDMENTS:

That certain document entitled the "International Building Code," which document amends and supersedes certain designated sections of the "International Building Code, 2024 Edition," including Appendix B and G, as published by the International Code Council and Exhibit A containing local amendments thereto, and was made a public record by Resolution No. 2025-1953 is hereby adopted by this reference and amends and replaces the existing chapter and Sections 3-1-1 and 3-1-2 of the Prescott City Code.

PART 1 - SCOPE AND ADMINISTRATION

SECTION 101 – SCOPE AND GENERAL REQUIREMENTS

SECTION 101.1 – Title, is deleted in its entirety and revised to read as follows:

101.1 - Title. These regulations shall be known as the “International Building Code”, hereinafter referred to as “this Code”

SECTION 101.2.1 APPENDICES is hereby amended to read as follows:

101.2.1: Appendices. Appendices B and G are hereby adopted as part of this Code. Each appendix may or may not be amended herein.

SECTION 101.4 REFERENCE CODES

SECTION 101.4 Referenced codes, is hereby amended to read as follows:

101.4 Reference codes - The other codes specified in Sections 101.4.1 through 101.4.9 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 101.4.8 – Electrical is hereby added as a new section to read as follows:

101.4.8 – Electrical. The provisions of the 2023 Edition of the “National Electrical Code” shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto for commercial and regional projects as required. Residential structures use Chapters 34 through 40 of the “International Residential Code for One- and Two- Family Dwellings”.

SECTION 101.4.9 – Wildland Urban Interface Code as adopted and amended by The City of Prescott Fire Department

101.4.9 – Wildland Urban Interface Code. The provisions of adopted “Wildland Urban Interface Codes” as adopted and amended by the City of Prescott Fire Department.

SECTION 102 APPLICABILITY

SECTION 102.1.1 Recommendations is hereby added as a new section, to read as follows:

102.1.1: Recommendations-The City of Prescott shall deem any recommendation from a registered design professional included in the construction documents to be a requirement.

PART 2—ADMINISTRATION AND ENFORCEMENT

SECTION 103 CODE COMPLIANCE AGENCY

SECTION 103.1 Creation of enforcement agency is hereby amended by the revision of the first sentence to read as follows:

103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Chief Building Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

SECTION 105 – PERMITS

SECTION 105.2 – Work exempt from permit is hereby amended to read as follows:

105.2 – Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

NOTE: Work exempt from a permit pursuant to this section shall apply ONLY to Building Safety Division. Other City of Prescott regulatory agencies may have permit requirements for these exemptions.

Building permits.

1. One-story detached accessory Structures used as tool and storage sheds, garages, playhouses, and similar uses, provided the floor area does not exceed, 120 Square Foot under roof for Commercial properties and 200 square feet under roof for Residential properties.

14. Re-roofing with like-for-like materials and no sheathing replacement for one- and two-family properties. Exceptions: roofing in a historic house or district and or structural curbing for equipment or building features.

SECTION 105.3.1 - Action on application is hereby amended by adding the last sentence as follows:

SECTION 105.3.1 - Action on application The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. Applicants with a history of compliance with building codes and regulations may be eligible for expedited permit review.

SECTION 105.5 – Expiration is hereby amended to read as follows:

105.5 – Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit commences within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. An expired permit shall only be renewed once provided no changes have been made or will be made in the original issued construction documents and the renewal application is submitted within one (1) year of the expiration date. Each extension will have a required fee per the current adopted building fee schedule that shall accompany the written extension request. All permits that are allowed to expire and are not eligible for re-instatement will receive a Notice of Violation with no occupancy allowed and have the Parcel put on hold until brought current.

SECTION 107 – SUBMITTAL DOCUMENTS

SECTION 107.2.6 – Site plan is Amended and revised to read as follows:

107.2.6 – Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed Existing (native) and finished grades, contour intervals and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. Plans must also include Building pad elevations, finished floor elevations, drainage flow directions, utility line locations (water, gas, sewer, septic, and electrical), cut and fill amounts of any grading all required SWPPP locations and details; In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site plan. The Chief Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

SECTION 109 – FEES

SECTION 109.2 – Schedule of permit fees is hereby amended and revised as follows:

109.2 – Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the City of Prescott and may be changed occasionally. All fees are to be rounded up to the next whole dollar.

SECTION 109.3 – Permit valuations is hereby amended and revised as follows:

109.3 – Permit valuations. The applicant for a permit shall provide an estimated value of the work for which the permit is being issued at time of application. Such estimated valuations shall include the total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. Where, in the opinion of the building official, the valuation is underestimated, the permit shall be denied, unless the applicant can show detailed estimates acceptable to the building official. The building official shall have the authority to adjust the final valuation for permit fees.

Valuations for new construction and additions shall be determined as set forth in that certain document called "Building Valuation Data," as published by the International Code Council. Valuations per square foot shall be rounded up to the next whole dollar.

The annual publication of "Building Valuation Data" as published by the International Code Council shall automatically be adopted, effective January 1st of each year following publication, absent specific action to the contrary by the City of Prescott City Council. The same rounding described above shall be applied to the new valuations per square foot in each subsequent publication. A copy of the most current "Building Valuation Data" shall be kept on file by the Chief Building Official (as well as by the City Clerk) for public inspection.

Valuation for categories of construction not specifically covered by the applicable "Building Valuation Data" shall be established by the Chief Building Official in a separate listing (kept on file at the Community Development Department and also filed with the City Clerk for public inspection) and are expressly adopted herein and made a part hereof. The Chief Building Official shall annually review such valuations and make adjustments based on the valuations in the publication of "Building Valuation Data".

The applicant for a permit shall provide an estimated value of the work for which the permit is being issued at time of application. Such estimated valuations shall include the total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. Where, in the opinion of the building official, the valuation is underestimated, the permit shall be denied, unless the applicant can show detailed estimates acceptable to the building official. The building official shall have the authority to adjust the final valuation for permit fees.

For all permit fee schedules, see the current adopted permit fee resolution.

SECTION 109.3.1 – Plan review fees is hereby added as follows:

109.3.1 – Plan review fees. When submittal documents are required by Section 107, a deposit shall be paid at the time documents are submitted for plan review.

The plan review fees for electrical, mechanical and plumbing work shall be as shown in the Valuation and Fee Schedule.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the Valuation and Fee Schedule.

SECTION 109.4.1 – Investigation is hereby added as follows:

109.4.1 – Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation may be made prior to a permit being issued for such work.

Exception: Repairs performed in an emergency, where the application was submitted the next business day.

SECTION 109.4.2 – Investigation Permit Fee is hereby added as follows:

109.4.2 – Investigation Permit Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such an investigation fee shall not exempt an applicant from compliance with all other provisions of either this code, the technical codes, and from the penalty prescribed by law.

SECTION 109.6 –Refunds is deleted in its entirety and revised to read as follows:

109.6 – Refunds The Chief Building Official may authorize refunding of a fee paid hereunder, which was erroneously paid or collected.

The Chief Building Official may authorize refunding of up to 80% of the building permit fee paid when no work and no inspections have been carried out under a permit issued in accordance with this code.

The Chief Building official may authorize refunding of up to 80% of plumbing, electrical, and mechanical fees paid when no work and no inspections have been done under a permit issued in accordance with this code.

The Chief Building Official may authorize refunding a plan review fee for a permit withdrawn after a deposit fee has been paid at the greater of the per-hour charge rate (minimum of one hour) or the calculated plan review fee. No refund of plan review fees is authorized once plan review on a plan has begun.

The Chief Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original applicant no later than 180 days after the date of fee payment.

SECTION 110 – INSPECTIONS

SECTION 110.7 – RE-INSPECTIONS is hereby added as follows:

110.7 – Re-inspection. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. The Re-inspect fee will apply on the third (3rd) inspection attempt. To obtain a re-inspection, the applicant shall pay the re-inspection fee as set forth in the fee schedule adopted by this jurisdiction. In instances where re-inspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

SECTION 111 – CERTIFICATE OF OCCUPANCY/ CERTIFICATE OF COMPLETION

SECTION 111.1 – CHANGE OF OCCUPANCY is hereby amended as follows:

111.1 – CHANGE OF OCCUPANCY. A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Certificate of occupancy is to be maintained on the premises.

Exception: Certificates of Occupancy or Certificate of Completion are not required for work exempt from permits under Section 105.2, accessory buildings or structures on residential properties being used for non-habitable residential purposes. Certificates of Completion shall be issued on permits issued as a Shell Building. Certificates of Completion shall not authorize occupancy.

SECTION 113 – MEANS OF APPEALS

SECTION 113.1 – General is hereby amended and revised to read as follows:

113.1 – General. In order to hear and decide appeals of orders, decisions or determinations made by the building officially related to the application and interpretation of this code, there shall be and is hereby created a Building Safety Appeals Board. The Building Safety Appeals Board shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business via Appendix B and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

SECTION 113.2 Limitations of Authority is hereby deleted in its entirety

SECTION 113.3 Qualifications is hereby deleted in its entirety

SECTION 113.4 Administration is hereby deleted in its entirety

CHAPTER 2 - DEFINITIONS

SECTION 201 – GENERAL

SECTION 202-DEFINITIONS is hereby amended by adding the following definitions:

ACCESSORY DWELLING UNIT (ADU), GUEST HOUSE, GUEST QUARTERS OR MOTHER-IN-LAW SUITE - A smaller, independent residential dwelling unit located on the same single-family zoned lot as an existing single-family home. ADUs can be attached or detached to the primary single-family. The primary residence shall have a master meter and these accessory structures shall be sub-metered per City Code Section 2-1-24.

OBSOLETE EQUIPMENT – Mechanical, Electrical, Fuel Gas and Plumbing equipment, fixtures, piping, electrical and ducts, must be removed from any roof, room or crawlspace when it has become obsolete and disposed of in a manner consistent with local codes and ordinances. This will include removing equipment, fixtures, piping, electrical and ducts no longer in use to the nearest shut-off, electrical junction, main trunk line, or panel location. Exception: that equipment deemed to be of historical significance, on a historical registry or within a historical district or considered a historical landmark as determined by the City of Prescott, or equipment ‘Safed’ in place due to asbestos or other contaminates by an approved remediation company.

SHELL STRUCTURE – Structure where only the exterior of building is finished, Structure may not have utilities other than those required by the City of Prescott Fire Department. The interior of the structure may not be occupied until additional permits are approved and certified for occupancy.

TRAILER (PARK MODEL) – A park trailer built on a single chassis with the square footage between 320 to 400, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and manufactured to comply with ANSI A119.5 standards, except that it does not include recreational vehicles, travel trailers, campers or fifth wheel trailers.

CHAPTER 9 – FIRE PROTECTION SYSTEMS

SECTION 901 – GENERAL

SECTION 901.1- Scope is hereby deleted in its entirety and revised to read as follows:

901.1 Scope. Fire protection systems and equipment shall be constructed, installed, operated, designed and maintained in accordance with International Fire Code and Amendments.

CHAPTER 29 – PLUMBING SYSTEMS

SECTION 2902.1 – MINIMUM PLUMBING FIXTURES

SECTION 2902.1 Minimum number of fixtures is hereby amended by adding new footnotes to Table 2902.1, to read as follows:

g. Water coolers or bottled-water dispensers may be substituted for drinking fountains in A, B, M, and S occupancies with more than 15 but less than 26 occupants. Such water shall be free of charge to the public.

h. A water cooler or bottled-water dispensers or break room sink with a drinking water faucet may be substituted for drinking fountains in A, B, M, and S occupancies with more than 26 but less than 49 occupants. Such water shall be free of charge to the public.

i. Goose neck faucets on a lavatory or a hose bib located within a restroom may be substituted for the required utility sink in A, B, M, and S occupancies with more than 15 and less than 26 occupants. Hose bibs shall comply with section 608.15.4.2 Hose connections. Must provide a floor drain if using a hose bib.

SECTION 2902.2 Separate facilities is hereby amended to read as follows:

Exceptions:

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

APPENDIX B- BUILDING SAFETY ADVISORY & APPEALS BOARD

SECTION B101 GENERAL is amended as follows:

[A] B101.1 Scope. The Building Safety Advisory & Appeals Board shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 113. The board shall be established and operated in accordance with this section and shall be authorized to hear evidence from appellants and the building official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.

[A] B101.2 Application for appeal. Any person, firm, corporation or political subdivision shall have the right to appeal a decision of the building official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the building official within 20 days after the notice was served. All applications to the Board shall be presented in writing with sufficient information, data and applicable documents for the Board to render a decision.

[A] B101.2.1 Limitation of authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code.

[A] B101.2.2 Stays of enforcement. Appeals of notice and orders, other than Stop Work Orders or Notices of Violations that include a “DO NOT OCCUPY” due to imminent danger, shall stay the enforcement of the notice and order until the appeal is heard by the board.

[A] B101.3 Membership of Board. The Board shall consist of five (5) voting members recommended by the Council Subcommittee on Appointments and affirmed/appointed by the City Council for staggered four (4) year terms so that no more than two (2) terms expire in a given year. Terms will end on the last day of March, with new terms beginning on the first day of April of the respective year. The City of Prescott Council shall fill vacancies for unexpired terms.

[A] B101.3.1 Qualifications. The Board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. The Members of the Board shall include persons who are all residents of the City of Prescott with the following qualifications:

1. One (1) architect or a professional engineer currently or previously licensed in the state of Arizona, held in good standing.

2. One (1) general contractor, currently or previously licensed, held in good standing.

3. Up to two (2) persons with knowledge relating to building and construction trades.

4. Up to two (2) persons currently or previously licensed in good standing, or possessing knowledge in the electrical, mechanical, or plumbing trades.

5. The Chief Building Official shall be an ex officio member, shall have no vote upon any matters before the Board, and shall act as or provide a secretary to the Board who shall maintain detailed records of all proceedings on file, perform other secretarial duties as required by the Board and who shall have no vote upon any matters before the Board.

[A] B101.3.4 Chairperson. The Board shall appoint a Chair and Vice-Chair of the Board from among the Board’s membership at the first regularly scheduled meeting after April 1st annually.

[A] B101.5 Notice of meeting. The Board shall meet upon notice from the chairperson, within thirty (30) calendar days of the filing of an appeal or at stated periodic intervals.

[A] B101.5.1 Open hearing. All Board hearings shall be held pursuant to Arizona Open Meetings Law. The appellant, his representative and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard and notice of said hearing shall be given to the appellant at least ten (10) business days before said hearing is to take place.

[A] B101.7.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the building official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant’s representative and to the building official.

APPENDIX G- FLOOD RESISTANT CONSTRUCTION

SECTION G101 ADMINISTRATION

SECTION G101.5 DESIGNATION OF FLOODPLAIN ADMINISTRATOR is hereby amended as follows:

SECTION G101.5 DESIGNATION OF FLOODPLAIN ADMINISTRATOR The CITY OF PRESCOTT FLOOD PLAIN ADMINISTRATOR per Title XIII FLOODPLAIN REGULATIONS of the City of Prescott is designated as the floodplain administrator and is authorized and directed to enforce the provisions of this appendix. The floodplain administrator is authorized to delegate performance of certain duties to other employees of the jurisdiction. Such designation shall not alter any duties and powers of the building official.

SECTION G103 APPLICABILITY

G103.2 ESTABLISHMENT OF FLOOD HAZARD AREAS is hereby deleted in its entirety and replaced as follows:

G103.2 Establishment of Flood Hazard Areas as adopted by Title XIII FLOODPLAIN REGULATIONS as adopted by the City of Prescott.

(Ord. 2025-1919, 11-18-2025)

3-1-3 PENALTY:

(A) PENALTY – CRIMINAL: Any person who violates any provision of this chapter or the codes adopted pursuant to this chapter may be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1-3-1, by a fine not exceeding two thousand five hundred dollars ($2,500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment, at the discretion of the City judge. Each and every day any such violation continues shall be deemed and considered a separate offense.

(B) PENALTY – CIVIL: Upon conviction, any person who violates any provision of this chapter thereof may be punished as provided in Sections 1-3-1 and 1-3-2 and subject to a civil penalty. Each and every day any such violation continues shall be deemed and considered a separate offense. (Ord. 4160, 10-30-2001, eff. 1-1-2002; amd. Ord. 4389, 4-13-2004; amd. Ord. 4602, 09-11-2007, eff. 10-15-2007; amd. Ord. 4676-0919, 12-09-2008, eff. 01-08-2009; Ord. 4901-1439, 9-23-2014; Ord. 4929-1467, 4-14-2015; Ord. 2019-1664, 6-11-2019; Ord. 2025-1919, 11-18-2025)