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Chapter 6.05
BUILDING CODE
Sections:
6.05.010 Short title.
This chapter may be cited and referred to as the Pinal County Building Code. [Ord. 091912-BCO Art. 1].
6.05.020 Application.
A. This chapter shall apply to the construction of all buildings and installation of structures appurtenant thereto within the unincorporated areas of Pinal County, except as otherwise provided by statute, regulation or ordinance.
B. The board of supervisors may enter into intergovernmental agreements pursuant to ARS 11-863 for code enforcement within cities and towns. [Ord. 091912-BCO Art. 2].
6.05.030 Building code.
A. The code documents described hereinafter, as published, or as specifically amended by the board of supervisors, are hereby adopted by reference as if fully set out herein, as the Pinal County building code, pursuant to ARS 11-861 et seq.
1. International Building Code, 2018 Edition, as amended in Exhibit A, attached to the ordinance codified in this section, published by the International Code Council hereinafter described as Attachment No. 1, or ICC, including the following listed appendix chapters with amendments attached in Exhibit A:
a. Appendix I – Patio Covers.
b. Appendix J – Grading.
c. Appendix K – ICC Electrical Code.
2. International Residential Code, 2018 Edition, as amended in Exhibit B, attached to the ordinance codified in this section, published by the International Code Council, hereinafter described as Attachment No. 2 or IRC, including the following listed appendix chapters with amendments attached in Exhibit B:
a. Appendix A – Sizing and Capacities of Gas Piping.
b. Appendix B – Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use and Type B Vents.
c. Appendix C – Exit Terminal of Mechanical Draft and Direct-Vent Venting Systems.
d. Appendix H – Patio Covers.
e. Appendix J – Existing Buildings and Structures.
f. Appendix N – Venting Methods.
g. Appendix P – Sizing Water Piping.
h. Appendix S – Straw Bale Construction.
3. International Property Maintenance Code, 2018 Edition, as amended in Exhibit C, attached to the ordinance codified in this section, published by the International Code Council, hereinafter described as Attachment No. 3, or IPMC.
4. International Mechanical Code, 2018 Edition, as amended in Exhibit D, attached to the ordinance codified in this section, published by the International Code Council, hereinafter described as Attachment No. 4, or IMC.
5. International Plumbing Code, 2018 Edition, as amended in Exhibit E, attached to the ordinance codified in this section, published by the International Code Council, hereinafter described as Attachment No. 5, or IPC.
6. National Electric Code, 2017 Edition, as amended in Exhibit F, attached to the ordinance codified in this section, published by the National Fire Protection Association (NFPA), hereinafter described as Attachment No. 6, or NEC, including the following listed annex chapter with amendments attached in Exhibit F:
a. Annex H – Administration and Enforcement.
7. International Swimming Pool and Spa Code, 2018 Edition, as amended in Exhibit J, attached to the ordinance codified in this section, published by the International Code Council, hereinafter described as Attachment No. 7, or ISPSC.
8. International Energy Conservation Code, 2018 Edition, as amended by Exhibit I, attached to the ordinance codified in this section, published by the International Code Council, hereinafter described as Attachment No. 8, or IECC.
9. International Fuel Gas Code, 2018 Edition, as amended in Exhibit G, attached to the ordinance codified in this section, published by the International Code Council, hereinafter described as Attachment No. 9, or IFGC.
10. International Fire Code, 2018 Edition, as amended in Exhibit H, attached to the ordinance codified in this section, published by International Code Council, hereinafter described as Attachment 10, or IFC:
a. Appendix B – Fire Flow Requirements.
b. Appendix D – Fire Apparatus Access.
B. Copies of attachments described in subsection A of this section are to be available for public reference and inspection as follows:
1. One copy of Attachment Nos. 1 through 10 shall be kept on file in the office of the clerk of the board of supervisors.
2. One copy of Attachment Nos. 1 through 10 shall be kept on file in each district office of the board of supervisors.
3. Two copies each of Attachment Nos. 1 through 10 shall be kept on file in the departmental library of the department of building safety. [Ord. 121819-BCO § 1; Ord. 091912-BCO Art. 3].
6.05.040 Rules and definitions.
A. Definitions.
“Administrative authority” means the Pinal County building official, or director of the department of building safety.
Board of Appeals. The Pinal County building code advisory board shall determine the suitability of alternative materials and construction and to permit interpretations of the provisions of the codes, but not administrative portions of the building code.
“Building codes” means attachments listed and described in PCDSC 6.05.030(A)(1) through (10).
“Building official” means the functional title of the director of the department of building safety, or his duly authorized representative, charged with the administration and enforcement of this code.
“Commercial” refers to the use of a building, addition or structure for business, educational, religious, institutional, recreational, industrial or any other nonresidential purpose.
“Jurisdiction” means the unincorporated areas of Pinal County, and the incorporated cities and towns with whom the county has entered into intergovernmental agreements.
“Noncommercial” refers to the use of a building, structure or addition for a residential purpose.
B. References to chapters, articles, sections, subsections, paragraphs, subparagraphs and tables, unless otherwise specified, refer to the building code documents listed in PCDSC 6.05.030. [Ord. 091912-BCO Art. 4].
6.05.050 Building code administration.
A. The position of building official/building code administrator, which may also carry the title of building safety director, is an administrative position and shall be an exempt position in the Pinal County merit system pursuant to ARS 11-352(B)(8). Said administrator shall be responsible for the administration and enforcement of this code and shall be appointed by the county manager with the approval of the board of supervisors.
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B. The building official shall appoint and remove such deputies, inspectors and employees as he/she deems appropriate within the requirements of the county personnel rules and regulations with the consent of the county manager.
C. The building official shall keep careful and comprehensive records of applications for permits, of permits issued, of inspections made, of revenue received, of reports rendered and of notices or orders issued. The building official shall further retain on file copies of all documents in connection with building work for the minimum time period required by this code, or for such additional time as he/she deems necessary.
D. The building official shall be responsible for the administration of the terms of this chapter.
E. The building official may adopt such rules and regulations as he/she deems necessary to secure the public health, safety and general welfare; to implement the provisions of this chapter and to carry out the intent of this chapter. All such rules and regulations shall require the approval of the county manager and the board of supervisors. No rules or regulations adopted pursuant to this Section shall have the effect of waiving technical requirements specifically stipulated in the building code or of violating accepted engineering practice involving public safety. [Ord. 091912-BCO Art. 5].
6.05.060 Compliance review.
No building permit shall be issued to any person unless a compliance review number has been issued by the Pinal County department of planning and development services to the building official. Exceptions to this requirement are permits for mechanical, electrical, plumbing, building, and remodeling that do not involve a change of use or additional area which may affect required setbacks. [Ord. 091912-BCO Art. 6].
6.05.070 Application for permit.
The building official may require with an application for a building permit whatever data and information is deemed necessary to reasonably determine that the proposed work is in compliance with the requirements of this code and other pertinent laws and ordinances. [Ord. 091912-BCO Art. 7].
6.05.080 Penalties.
A. Criminal Penalties.
1. Any person, as defined in Attachment No. 1, Section 202, who violates any provision of this chapter shall be guilty of a Class 2 misdemeanor.
2. Any person convicted of a Class 2 misdemeanor for violation of this chapter may be sentenced to the county jail for a period not to exceed four months and/or fined an amount not to exceed $750.00.
3. Each failure to obtain a required permit clearance, compliance review approval or inspections shall constitute a separate violation of this chapter.
B. Civil Penalties.
1. Any person, as defined in Attachment No. 1, Section 202, who violates any provision of this chapter shall be subject to a civil penalty, as an alternative method of enforcing this chapter pursuant to ARS 11-866 or 11-815(D) or as provided in Pinal County Resolution No. 4302-CP.
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2. No person shall be subject to a criminal penalty for a violation enforced under the civil penalty provisions of this section.
3. The board of supervisors shall establish a schedule of penalties for violations of this chapter. Said penalties shall not exceed the amount of $750.00 for an individual, or $10,000 for an enterprise. “Enterprise” shall be defined pursuant to ARS 13-105.
4. Any person alleged to be subject to a civil penalty for a violation of this chapter shall be entitled to an administrative hearing on their liability, and a review by the board of supervisors pursuant to ARS 11-815(G). The administrative hearing shall be before the Pinal County hearing officer, subject to the rules of procedure for same as adopted by the Pinal County board of supervisors.
C. Other Methods of Enforcement. The board of supervisors, the county attorney, the building official, or any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this chapter, may initiate other remedies provided by law, e.g., an injunction, writ of mandamus, abatement or any other appropriate action, proceeding or proceedings to prevent, abate or remove such violation of the ordinance.
D. Separate Offenses. Pursuant to ARS 11-866 and 11-815(C), any person, firm, or corporation violating this chapter shall be deemed guilty of a separate offense for each and every day during which a violation of the provisions of this chapter is committed, continued or permitted. [Ord. 091912-BCO Art. 8].
6.05.090 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter, or any part of Attachments Nos. 1 through 11, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. [Ord. 091912-BCO Art. 9].
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