Chapter 15.05
BUILDING CODES
Sections:
15.05.020 Building code adopted.
15.05.050 Building official designated.
15.05.070 Administrative appeal process.
15.05.090 Fire marshal designated.
Prior legislation: Ord. 1995-05.
15.05.010 Purpose.
The Sahuarita building code shall have the following purposes:
A. Regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the jurisdiction;
B. Provide for the issuance of permits and collection of fees;
C. Provide for a building codes advisory board;
D. Provide for penalties for the violation of building codes. [Prior code § 7-1-1.]
15.05.020 Building code adopted.
A. The Sahuarita building code, codified in this chapter, adopts by reference the following national codes of the International Code Council, Inc., and the National Fire Protection Association, Inc., as amended:
1. The 2018 International Building Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
2. The 2018 International Residential Code, including Appendix Q, Tiny Houses, published by the International Code Council, Inc., with local amendments of the town of Sahuarita, which document was made a public record by Sahuarita Resolution No. 2019-0596;
3. The 2018 International Property Maintenance Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
4. The 2018 International Plumbing Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
5. The 2018 International Fuel Gas Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
6. The 2018 International Mechanical Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
7. The 2017 National Electrical Code, published by the National Fire Protection Association, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
8. The 2018 International Energy Conservation Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
9. The 2018 International Fire Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
10. The 2012 Sahuarita Outdoor Lighting Code, dated January 14, 2013;
11. The 2018 International Swimming Pool and Spa Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019. [Ord. 2023-172 § 1; Ord. 2019-140* § 11; Ord. 2015-099 § 1; Ord. 2015-098 § 1; Ord. 2013-076 § 1; Ord. 2009-25 § 1; Ord. 2007-11 § 2; Ord. 2007-10 § 1; Ord. 2005-08 § 2; Ord. 2005-05 § 2; Ord. 2004-14 § 1; Ord. 2004-09 § 1; Ord. 2001-03; Ord. 2000-02; Ord. 1996-13; prior code § 7-1-2.]
* Code reviser’s note: Ord. 2019-140 adopts Res. 2019-0596 which lays out amendments to the International Building, Residential, Property Maintenance, Plumbing, Fuel Gas, Mechanical, Energy Conservation, Fire, and Swimming Pool and Spa Codes, and the National Electrical Code, as adopted by the town of Sahuarita, in order to bring said codes into conformance with amendments to SMC Title 15 adopted by Ord. 2015-099.
15.05.030 Reserved.
[Ord. 2007-10 § 2.]
15.05.040 Copies on file.
Three copies of the Sahuarita building code are on file in the office of the clerk of the town of Sahuarita and available for public inspection during regular working hours. [Ord. 2005-12 § 2; prior code § 7-1-4. Formerly 15.05.030.]
15.05.050 Building official designated.
The building official, or his or her duly authorized representative, as appointed by the planning and building director, is the authority charged with the administration and enforcement of the Sahuarita building code. [Ord. 2015-098 § 1; Ord. 2005-12 § 2; prior code § 7-1-5. Formerly 15.05.040.]
15.05.060 Penalties.
A. It shall be a civil infraction for any person, firm or corporation to violate any provisions of this title. Each day a violation continues shall be considered a separate offense.
B. In addition to any other remedies, the town authority may institute any appropriate action or proceedings to restrain, correct, or abate any violation of the codes adopted herein. In any such action or proceeding, the court with jurisdiction thereof has the power to, and in its discretion may, issue a restraining order, or a preliminary injunction, upon such terms and under such conditions as will do justice and enforce the purpose of the codes. [Ord. 2015-098 § 1; Ord. 2007-10 § 3; Ord. 2006-06 §§ 1, 2; Ord. 2005-12 §§ 2, 4; Ord. 2005-08 § 3; Ord. 2005-05 § 5; prior code § 7-1-6. Formerly 15.05.050.]
15.05.070 Administrative appeal process.
Whenever a violation of this chapter or the codes adopted herein is determined, whether during construction or at the plan review stage, and the applicant wishes to appeal the decision of the staff because of code interpretation or alternative materials and methods of construction, the applicant may appeal to the building official’s hearing committee as follows:
A. The applicant shall file a written appeal on the forms provided by the building official, no later than 4:30 p.m. on the fifth working day after the notice of the violation.
B. The appeal will be heard by the hearing committee within seven days, at a regular specified time.
C. The hearing committee shall consist of the building official or, in the case of fire code issues, the fire marshal, an inspection supervisor, and the appropriate plans examiner. At the discretion of the building official, additional inspectors or other technical persons may be added for a particular appeal.
D. Adequate information shall be provided by the applicant in order to fully describe the conditions in question.
E. The applicant may, but is not required to, personally attend the hearing committee meeting.
F. If an appeal is denied by the hearing committee, the applicant shall either comply with the decision or appeal to the board of appeals of the town. [Ord. 2009-25 § 2; Ord. 2007-02 § 1; Ord. 2005-12 § 2; prior code § 7-1-7. Formerly 15.05.060.]
15.05.080 Board of appeals.
A. A board of appeals appointed by the town council shall determine the suitability of alternate materials and methods of construction, provide reasonable interpretation of the provisions of the building codes, hear and decide appeals from any decision of the building official, fire marshal or the building official’s hearing committee.
B. The board of appeals shall be made up of five members and two alternates. Each member will serve a five-year term and said terms shall be staggered. Each member shall be eligible for reappointment after completion of a term. A member may be removed from office prior to the end of his or her appointed terms for any cause. Alternate members shall possess the qualifications required for board members and shall be appointed for five years. Alternates shall be called by the board chairperson to hear appeals during the absence or disqualification of a member.
The building official shall be an ex officio member of the board but shall have no vote on any matter before the board.
C. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines:
1. Architect, registered in the state of Arizona, with at least five years’ experience or a general contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years’ experience, five of which shall have been in responsible charge of work.
2. Design professional, registered in the state of Arizona, qualified to practice structural engineering. This member must have five years’ of structural engineering experience.
3. Design professional, registered in the state of Arizona, qualified to practice mechanical and plumbing engineering, with five years’ experience in that discipline or a mechanical or plumbing contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years’ experience, five of which shall have been in responsible charge of work.
4. Design professional, registered in the state of Arizona, qualified to practice electrical engineering, with five years’ experience in that discipline or an electrical contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years’ experience, five of which shall have been in responsible charge of work.
5. Design professional, registered in the state of Arizona, qualified to practice fire protection engineering, with five years’ experience or a fire protection contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years’ experience, five of which shall have been in responsible charge of work, or a technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology with at least five years’ experience.
D. The board shall annually select one of its members to serve as chairperson.
E. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
F. The planning and building director shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the town clerk.
G. The board shall meet quarterly.
H. The board shall establish policies and procedures necessary to carry out its duties. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the building official and any person whose interests are affected shall be given an opportunity to be heard.
I. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
J. The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds of its members. Certified copies of the board’s decision shall be furnished to the appellant and the building official.
K. The building official shall take immediate action in accordance with the decision of the board.
L. An applicant may present his case to the board of appeals as follows:
1. File an application for review on forms provided by the building official, with a fee as set forth in Chapter 3.10 STC, no less than three weeks prior to the regularly scheduled board of appeals meeting. The board of appeals has the discretion to reduce the three-week advance filing requirement.
2. Provide adequate information in order to fully describe the conditions in question.
3. At the hearing, the applicant may introduce evidence in support of his position.
4. Decisions and findings of the board of appeals are final and made in writing to the building official and the applicant. [Ord. 2015-098 § 1; Ord. 2009-25 §§ 3 – 5; Ord. 2008-07 § 17; Ord. 2007-02 § 2; Ord. 2005-12 § 2; prior code § 7-1-8. Formerly 15.05.070.]
15.05.090 Fire marshal designated.
The fire marshal, or his or her duly authorized representative, as appointed by the planning and building director, is the authority charged with the administration and enforcement of the Sahuarita fire code. [Ord. 2015-098 § 1; Ord. 2005-12 § 2; Ord. 2005-05 § 3; prior code § 7-1-9. Formerly 15.05.080.]