§ 9-17. Amendments to the 2012 International Building Code.

The 2012 International Building Code is hereby amended in the following respects:

Section 101.1 is hereby amended to read as follows:

101.1 Title . These regulations shall be known as the Building Code of the City of Glendale, hereinafter referred to as "this code."

Section 101.4.2 is hereby deleted and replaced by the following:

101.4.2 Mechanical. Any references to the International Mechanical Code shall be deleted and the words "Mechanical Code adopted by the City of Glendale and its amendments shall be inserted in lieu thereof.

Section 101.4.3 is hereby deleted and replaced by the following:

101.4.3 Plumbing . Any references to the International Plumbing Code or International Private Sewage Disposal Code shall be deleted and the words "the Plumbing Code adopted by the City of Glendale and its amendments shall be inserted in lieu thereof.

Section 102.6 is hereby amended to read as follows:

102.6 Existing Structures. The legal occupancy of any structure existing on the date of the adoption of this code shall be permitted to continue, without change, except as is specifically covered in this code, the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. Existing buildings or structures that have been vacant or abandoned for a period of one year or longer are deemed to have been vacated and the certificate of occupancy expired. Existing buildings or structures that have been vacant for a period of one year or longer are required to obtain a new certificate of occupancy before renewing occupancy or use. Any remodeling work to a vacated building or structure shall comply with Section 102.7 of this code.

Section 102.7 is hereby added:

102.7 Applicability of the Code. All applications submitted on or after the effective date of this code shall be subject to the requirements of the codes adopted.

Exception: Application under the provisions of the International Existing Building Code requires the approval of the building official.

Section 103.1 is hereby deleted and replaced by the following:

103.1 Creation of Enforcement Agency. The authority and responsibility for administration and enforcement of this code is assigned to the building safety director who shall also be known as the building official. The director may designate a person or persons to fulfill these duties.

Section 104.10 is hereby amended by adding the following paragraph:

Requests for a modification of code requirements shall be made in writing on a form provided by the building official. The applicant is responsible for providing all information, calculations, or other data necessary to substantiate each request for a modification. The building official shall approve, approve with stipulations, or deny such applications based upon the substantiating data submitted and the building official's determination that the modification does or does not result in substantial compliance with the intent of the code. In deciding each case, the building official may consider or require alternative methods or systems to be used in compensation for the particular code provision to be modified.

Section 104.10.1 is hereby amended as follows:

Replace the words "building official" with "city engineer."

Section 105.2(2) is hereby amended to read as follows:

Fences not over 6 feet high except for perimeter subdivision fences.

Section 105.3 is hereby amended by adding item number 8 as follows:

8.

Except where an imminent danger exists, any permit application being filed due to a pending enforcement action must be completed and filed within the timeframe as noted in the written notice. Such timeframe shall not exceed thirty (30) days from the date of the notice. Any required re-submittals must be completed and filed within sixty (60) days from the date of the notice. All required fees and other required documentation must be included with the application.

Section 105.3.2 is hereby amended to read as follows:

105.3.2 Time Limitation of Application/Expiration of Plan Review. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless the application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days upon written request by the applicant or owner showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after the expiration, the applicant shall resubmit plans and pay a new plan review fee.

Section 105.5 is hereby deleted and replaced by the following:

Section 105.5 Expiration. Every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, or any permit shall expire 180 days after the last approved inspection. An approved inspection shall be an inspection that is requested and approved pursuant to Section 109.

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, prior to expiration, in writing and justifiable cause demonstrated and the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work. 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.

Subsection 105.5.1 is hereby added:

Section 105.5.1 Completing Work and Final Inspection. Every permit issued by the building official, except demolition permits, shall expire 24 months after the date of permit issuance. If the building or work authorized by such permit has not received final inspection approval prior to the permit expiration date, all work shall stop until a new permit is obtained for the value of the work remaining unfinished.

Exception: the building official may approve a period exceeding 24 months for completion of work when the permit holder can demonstrate that the complexity or size of the project makes completing the project within 24 months unreasonable. Any request shall be prior to expiration of the permit.

Section 105.6 is hereby deleted and replaced by the following:

Suspension or Revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation of any provisions of this code, or whenever the continuance of any work becomes dangerous to life or property.

It shall be unlawful to proceed with any work for which a permit was issued after notice of permit suspension or revocation is served on the permit holder, the owner, or the person having responsible charge of the work. Reinstatement of a suspended permit shall be by written notice from the building official authorizing work to resume, with or without conditions. Revoked permits shall be canceled and the permit fee shall not be refunded.

Section 107.2.6 is hereby added to read as follows:

107.2.6 Life Safety Report. Prior to submitting construction drawings for high-rise buildings, covered mall buildings, buildings containing atriums, buildings containing H occupancies, sports arenas and stadiums, and other structures as determined by the building official, a life safety report shall provide a description of the fire protection systems in the building. This description shall include the basic concepts used for suppression, alarm, notification, egress, compartmentation, smoke control, and other related systems, as well as the coordination of those systems. Upon completion of the project, a copy of the approved documentation shall be maintained at the site and by the building safety department until demolition of the building.

Section 108.3 The last sentence is hereby amended to read as follows:

. . . The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the adopted National Electrical Code.

Section 109 is hereby deleted and replaced by the following:

Section 109 Fees

109.1 Fee Schedule. Fees shall be assessed in accordance with the provisions of this section and shall be as established by council resolution.

109.2 Permit Fees. Fees shall be as established by council resolution.

109.3 Plan Review Fees. When submittal documents are required by Section 106 of this code, a plan review fee shall be paid at the time of submitting the documents for plan review. The plan review fees specified in this section and as by council resolution are separate fees from, and in addition to, the permit fees specified in Section 109.2 of this code and by council resolution.

When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate established by council resolution.

109.4 Building Permit Valuations. The determination of value or valuation under any provisions of the code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work including all materials, labor, overhead and profit for which the permit is issued including all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems, and other permanent equipment.

109.5 Work Commencing Before Permit Issuance. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.

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 as adopted by council resolution. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or other adopted laws and ordinances of this city.

109.6 Related Fees. The payment of the fee for construction, alteration, removal or demolition for work done in the connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are established by council resolution.

109.7 Fee Refunds. The building official may authorize refunding of all fees paid hereunder which were erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application of 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 the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of payment.

Section 109.8 is hereby added to read as follows:

109.8 Inspections and Reinspections. Permit fees provide for customary inspections only. A reinspection fee may be assessed for each inspection or reinspection when such portion of the work for which inspection is called is not complete or when corrections called for are not made.

Reinspection fees may be assessed when the inspection record card is not posted or otherwise readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official.

In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

Section 110.1 is hereby amended by adding the following paragraph:

Property owners shall obtain and display on the residence, business, or otherwise, the correct building number or numbers as assigned to such property(ies) by the community development group of the City of Glendale in accordance with established street assignment policy, prior to final inspection and /or issuance of a certificate of occupancy. The building numbers shall be of a durable material not less than two and one-half inches (2½") high with a stroke of not less than one-half inch (½") in width, permanently attached to the building and must be readily distinguished and readable from the nearest paved public/common roadway fronting that property.

Section 110.3.4 is hereby amended by adding the following sentence:

The building shall be weather-tight at the time of the frame inspection.

Section 110.3.9 is hereby deleted and amended to read as follows:

110.3.9 Special Inspections. In addition to the inspections required by Section 110, the engineer or architect of record acting as the owner's agent shall employ one or more special inspectors who shall provide inspections during construction for types of work outlined in Section 1704 and as outlined below:

110.3.10.1 Electrical Special Inspections.

1.

Ground-fault protection performance tests for equipment are required to be provided with ground-fault protection.

2.

Switchboards, panelboards, motor control centers, and other equipment rated 1,000 amps or more; or over 600 volts.

3.

Emergency and standby power systems, including switchboards, panel boards, distribution boards, transfer equipment, power source, conductors, fire pumps, and exhaust and ventilation fans.

110.3.9.2 Electrical Observation. Electrical observation shall be provided for the following installations:

1.

Installation or alteration of that portion of health care facility electrical systems which fall within the scope of Article 517, Chapter III of the adopted National Electric Code where critical care areas are present.

2.

Installations or alternations of high-voltage electrical systems, which exceed 600 volts. Installations or alterations of electrical systems within locations classified as hazardous by the provisions of adopted the National Electric Code, or the International Fire Code, except for gasoline dispensing installations and systems located within storage garages, repair garages or lubritoriums.

3.

When such observation is specifically required by the building official.

The owner shall employ the engineer responsible for the electrical design, or another engineer designated by the engineer responsible for the electrical design to perform visual observation of complex electrical equipment and systems for general conformance to the interconnection of equipment. Electrical observation shall be performed at significant stages of the construction and when the installation is complete and ready to be inspected by the building official.

Section 110.3.10 is hereby added as follows:

110.3.10 Building Service Equipment Inspections. All building service equipment inspections for which a permit is required by this code shall be inspected by the building official. No portion of any building service equipment intended to be concealed by any permanent portion of the building shall be concealed until inspected and approved. When the installation of any building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the building official.

1.

Electrical inspections. A rough-in inspection is required for all conduit, semi-rigid piping or wiring after installation but prior to being concealed. Final inspection is required when all conduit, wires, fixtures and equipment including covers, have been installed and connected, but prior to energizing any such circuit or equipment.

2.

Mechanical inspections. All mechanical equipment and systems for which a permit is required by the code, including all associated ductwork, flues, condensate and refrigeration lines, shall be subject to inspection and shall remain accessible and exposed for inspection purposes until approved.

3.

Plumbing inspections. A rough-in or underground inspection is required for all sewer, drainage and vent piping, and for all water and gas distribution systems prior to their being buried or concealed. A final inspection is required when all fixtures are set and operating or ready to operate pending final utility connection. Tests shall be performed as required by the currently adopted plumbing code.

Section 111.3 is hereby deleted and replaced by the following:

111.3 Temporary Certificate of Occupancy. If the building official finds no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure provided the applicant agrees that:

1.

When construction is complete, final inspection will be requested and a certificate of occupancy issued.

2.

The applicant will state in writing the length of time the temporary certificate of occupancy is required. The length of time shall not exceed 180 days. The temporary certificate of occupancy will expire at the end of the time period stated in writing, at which time the power will be de-energized. The building official may extend the temporary certificate of occupancy upon written request by the permittee or applicant, showing that circumstances beyond the control of the permittee or applicant have prevented the completion of the project. The applicant must show the building official substantial proof the project was unable to be completed within the requested time frame.

3.

It is the responsibility of the applicant to complete any required work prior to the expiration date of the temporary certificate of occupancy and call for final inspection.

4.

The building official may request the utility company to de-energize power, if required work is not completed on or before the expiration date of the temporary certificate of occupancy. This includes occupying the structure after the temporary certificate of occupancy has expired.

5.

Neither the City of Glendale nor the utility company will be held liable for any damages or delays, for de-energization of power.

Applicant must be the owner or authorized agent. If the owner is not available to provide signature on the application for temporary certificate of occupancy, then the owner shall provide a letter on company letterhead or notarized letter of authorization stating the name of the person authorized to act on owner's or company's behalf.

Section 113 is hereby deleted and replaced by the following:

113 BOARD OF APPEALS

113.1 General. Decisions of the building official shall be appealed to the Board of Adjustment. An application for an appeal of any order, decision or interpretation made by the building official shall be filed in writing, along with the appropriate fee established by resolution or pursuant to Glendale City Code Sec. 2-3, and shall be delivered to the building official within thirty (30) calendar days of the date of the order, decisions or interpretation. The fee shall not be refundable. The decision of the building official may be reversed or modified by the board upon their finding that:

a.

The decision of the building official is not supported by a reasonable interpretation and application of the city code to the specific facts presented, or the city code does not apply to the facts presented.

b.

The reversal or modification of the building official's decision will not create or manifest injustice or affect the intent of the city code.

c.

The reversal of the building official's decision will not be detrimental to the public health, safety and welfare.

113.2 Limitations of Authority. The Board of Adjustment shall have no authority relative to interpretation of the administrative provisions of the codes set forth in Sec. 9-16, nor shall the board be empowered to waive the requirements of the codes set forth in Sec. 9-16.

Section 116 is hereby deleted and replaced by the following:

Section 116 Unsafe Structures and Equipment

Section 116.1 General. All buildings, structures or existing equipment regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitutes a fire hazard, or are otherwise dangerous to human health or life are unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is an unsafe use.

The provisions of this code shall apply to all unsafe buildings or structures, as herein defined, which are now in existence or which may hereafter become unsafe in the jurisdiction.

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Chapter 34 of this code.

Section 116.2 Definitions. Unsafe conditions or defects shall be classified as imminent or incipient hazards.

Imminent hazard is defined as a high, real and immediate risk to life, health or property.

Incipient hazard is defined as a condition that can become an imminent hazard if further deterioration occurs or if reasonable additional loads are applied.

Section 116.3 Unsafe Buildings or Structures . Conditions or defects that render a building or structure unsafe include, but are not limited to:

116.3.1 Whenever any door, aisle, passageway, stairway or other means of egress is not sufficient width or size, or is locked, blocked or constricted so as to prevent safe and adequate means of egress in case of fire or panic.

116.3.2 Whenever the walking surface of any aisle, passageway, stairway, or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to prevent safe and adequate means of egress in case of fire or panic.

116.3.3 Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in this code for new buildings of similar structure, purpose or location.

116.3.4 Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of this code for new buildings of similar structure, purpose or location.

116.3.5 Whenever any portion of a building, or any member, appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

116.3.6 Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in this code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in this code for such buildings.

116.3.7 Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

116.3.8 Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of fire, dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other causes.

116.3.9 Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

116.3.10 Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

116.3.11 Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing walls or outside walls or coverings.

116.3.12 Whenever the building or structure has become so damaged by fire, wind, earthquake, flood, vandalism or theft, or has become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

116.3.13 Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in this code or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

116.3.14 Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of newly constructed building of like area, height and occupancy in the same location.

116.3.15 Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determine by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

116.3.16 Whenever any building or structure, because of fire, obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, exposed conductors, inadequate grounding, overloaded conductors, improper overcurrent protection, faulty gas connections or heating apparatus, or other cause, is determined to be a fire hazard by the fire marshal or the building official.

116.3.17 Whenever any building or structure is in such condition as to constitute a public nuisance know to the common law or in equity jurisprudence. For the purposes of this article this shall apply to any structure that has been abandoned for more than one calendar year and that is not being maintained in the same overall condition as other structures in the immediate area.

116.3.18 Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure.

116.3.19 Whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion therof an attractive nuisance or hazard to the public.

116.3.20 Whenever any building service equipment is in such condition as to constitute a fire hazard, or hazard to life, health, property or the public welfare by reason of use, construction, quality of materials or inadequate maintenance or dilapidation.

Section 116.4 Authority for Inspection and Evaluation. The building official may inspect any property, building, structure or building service equipment to determine compliance with this section whenever there is probable cause to suspect that an unsafe condition exists. Except in cases of emergencies or readily apparent imminent hazards, the building official or designee shall make reasonable attempts to obtain permission from the property owner or the person or persons occupying or having control of the property prior to conducting the inspection. All entry onto property or into buildings of structures for purposes of this inspection shall be in accordance with legal requirements governing such entry.

When the building official has inspected or caused to be inspected any property, building, structure or building service equipment and has found and determined that an unsafe condition exists, the building official is authorized to immediately issue abatement orders in accordance with Section 116.5 of this code, or the building official may require the property owner to obtain a detailed engineering evaluation of the suspected unsafe condition before the building official determines the extent of abatement required.

116.4.1 When so ordered by the building official, the owner of any building or property suspected of containing an unsafe condition shall engage the services of a design professional registered in Arizona to conduct a detailed investigation and analysis of the suspected unsafe condition. The cost of such an investigation and report shall be paid by the property owner.

116.4.2 The registered professional retained by the owner shall conduct a detailed investigation and evaluation of the suspected unsafe condition and shall issue a written report to the property owner and to the building official on the condition of the building, structure or building service equipment, including recommendations for steps necessary to abate any unsafe condition found. The report shall be delivered to the building official on or before the date specified in the order requiring such report.

116.4.3 The content, findings and recommendations contained in the owner's engineering report may be utilized by the building official to determine whether or not an unsafe condition exists, whether the condition creates an imminent or incipient hazard and what, if any, abatement orders shall be issued. The building official reserves the right to approve, deny, make suggestions or require an additional report if deficiencies are found.

116.4.4 Failure of a property owner to produce an engineering report on or before the date specified in the building official's order shall be grounds for the building official to proceed with abatement proceedings up to and including orders to immediately vacate or demolish the subject building or structure.

116.5 Abatement of Unsafe Buildings, Structures, or Building Service Equipment. The building official shall, after inspection, determine whether a building, structure or building service equipment is determined to be unsafe, and, if so, whether it constitutes an imminent hazard or an incipient hazard, as defined in Section 116.2 of this code.

116.5.1 Incipient Hazards. If a building, structure or any building service equipment is determined to be an incipient hazard, the building official shall issue a written notice to the property owner or occupant of the premises describing the incipient hazard and ordering its repair or abatement within a certain time as necessary to prevent creation of an imminent hazard. The time allowed for repair or abatement shall not be less than 10 days and not more than 90 days from the date of the notice. Failure to repair or abate the incipient hazard within the time specified shall constitute grounds for the building official to declare the condition an imminent hazard and to thereafter initiate formal abatement procedures.

116.5.2 Imminent Hazards. If a building, structure, or any building service equipment is determined to be unsafe and an imminent hazard, the building official shall serve a written notice of violation on the person or persons occupying or having control of the building, structure, or building service equipment and on the person or persons having recorded interest in the property. The notice of violation shall declare the unsafe condition to be a nuisance and shall order its immediate abatement in accordance with the provisions of this section.

116.5.2.1 Notice of Violation. Notices of violation declaring imminent hazards shall be by personal service or by certified mail, return receipt requested. Service shall be deemed complete upon delivery.

The notice of violation shall identify the address and legal description of the property in question and shall state the nature and extent of the unsafe condition in such detail as to allow the property owner to identify and abate the unsafe condition. The notice shall provide the name and phone number of a city representative to contact concerning the unsafe condition. The notice shall state the city's authority to abate the violation if the owner fails to do so and the city's ability to assess the costs of such abatement against the property. The notice shall state the procedures to follow should the owner wish to appeal the decision of the building official. The notice shall state that all costs borne by the city are due upon completion and the city's ability to assess the costs of such abatement against the property. Where the costs are not paid within 30 days of issuance of the final invoice, the city shall place a lien upon the property and charge a monthly interest fee of 1% until such time as the lien is satisfied. Such assessment shall be recorded in the office of the county recorder and shall be a lien on such real property from the date of its recording until paid. Such lien shall be subject and inferior to a lien for general taxes.

Nothing herein shall preclude the building official from giving additional verbal or written information notices. Nothing herein shall require the issuance of a notice of violation prior to commencement of emergency abatement or civil or criminal violation proceedings.

116.5.2.2 Unsafe Buildings or Structures. In the case of an unsafe building or structure containing imminent hazards, the building official shall order the hazard abated by repair or by demolition of the building or structure. The unsafe building or structure and any building or structures placed in jeopardy by the unsafe buildings or structures shall be posted in accordance with this code. The buildings or structures shall not be entered, used or occupied or reoccupied until determined safe by the building official.

116.5.2.3 Unsafe Service Equipment. In the case of unsafe building service equipment installation containing imminent hazards, the building official shall attach or affix a warning red tag to the service equipment declared to be unsafe. Where equipment is declared to be unsafe, the building official shall order such equipment disconnected or its use discontinued until the nuisance created thereby is abated. In addition, the building official may order any building or structure which is placed in jeopardy by the unsafe equipment to be vacated, or the building official may order the disconnection of the affected utility service to the building, structure or equipment, and these buildings or structures shall not be occupied, reoccupied or building service equipment reconnected until determined safe by the building official.

116.5.2.4 Posting of Signs. When necessary to protect life, health or public welfare, the building official may post signs which shall prohibit entry into and occupation of an unsafe building, structure or property, provided, however, that with written permission of the building official is shall be lawful to enter the premises for the purposes of removing personal property or affecting any required repairs, rehabilitation or demolition. Every notice to vacate shall be posted at or upon each exit of the building and shall be substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

IT IS A CLASS 1 MISDEMEANOR TO OCCUPY THESE PREMISES, OR TO REMOVE OR DEFACE THIS NOTICE

Whenever such notice is posted, the building official shall include a notification in the notice of violation issued reciting the emergency, and specifying the conditions which necessitate the posting.

It shall be a Class 1 misdemeanor for a person, firm or corporation to enter, use or occupy any building or structure that has been so posted. It shall be a Class 1 misdemeanor for any individual to remove any sign posted pursuant to this section.

116.5.2.4.1 Whenever a building or structure is posted as unsafe a notice thereof shall be recorded in the county recorder's office.

116.5.2.4.2 Emergency Barricades. If any building or structure is a hazard to life or limb of persons using a public street, alley or sidewalk, the public way shall be barricaded to prevent public use. The necessary barricades shall be erected on order from the building official. The costs for barricading of a public way under this section shall be assessed to and paid by the owner of the unsafe building or structure causing the need for such barricades and is due upon completion. Where the costs are not paid within 30 days of issuance of the final invoice, the city shall place a lien upon the property and charge a monthly interest fee of 1% until such time as the lien is satisfied. Such assessment shall be recorded in the office of the county recorder and shall be a lien on such real property from the date of its recording until paid. Such lien shall be subject and inferior to a lien for general taxes.

116.5.2.4.3 Emergency Abatement. In the event an emergency should occur wherein the continued existence of a building, structure or building service equipment would constitute an imminent hazard to life, health or other property, the building official may cause such building or structure to be demolished, building service equipment removed or disconnected, all without notice. Such abatement shall be limited to the minimum work necessary to remove the imminent hazard.

116.5.2.4.4 Abatement by the City. If the owner of any unsafe building, structure, or building service equipment fails to abate an imminent hazard within the time specified in the notice of violation, the city may abate any such unsafe condition by repair, removal or demolition in accordance with the provisions of this code. The costs of any city abatement, including emergency abatement or temporary repairs, shall be paid by the property owner and is due upon completion. Where the costs are not paid within 30 days of issuance of the final invoice, the city shall place a lien upon the property and charge a monthly interest fee of 1% until such time as the lien is satisfied. Such assessment shall be recorded in the office of the county recorder and shall be a lien on such real property from the date of its recording until paid. Such lien shall be subject and inferior to a lien for general taxes.

116.6 Appeals. Decisions, orders and notice of violation relating to unsafe buildings, structures or building service equipment may be appealed to the building official. The appeal shall be filed within 30 days from the date of the order or action of the building official; provided however, that if the building or structure or building service equipment is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or adjacent property and is ordered vacated and is posted in accordance with this code, such appeal shall be filed within 10 days from the date of the notice from the building official.

116.6.1 Processing, Scheduling and Noticing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall schedule a hearing with a hearing officer appointed by the city manager's office. As soon as practicable, the hearing officer shall fix a date, time and place for the hearing of the appeal. Such date shall not be less than 10 days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by either causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

116.6.2 Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this code shall constitute a waiver of the right to an administrative hearing and adjudication of the notice of violation or any portion thereof.

116.6.3 Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

116.6.4 Staying of Notice of Violation. Except for vacation orders made pursuant to this section, enforcement of any notice of violation issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

116.6.5 Failure to Abate.

(a)

If the unsafe building, structure or building service equipment is not repaired or demolished as required by the notice provided for in section 116, the building official shall give written notice to the owner of the unsafe building, structure or service equipment and other parties in interest, by certified mail or personal service, to appear before a hearing officer at a designated time and place to show cause why the unsafe conditions have not been repaired or demolished in accordance with the statement of particulars set forth in the notice provided for in section 116. The city manager shall appoint a hearing officer who shall conduct the hearing in accordance with this section.

(b)

The hearing officer shall hear such testimony as the building official, owner and other parties in interest may offer relevant to the condition of the unsafe building, structure or building service equipment and the failure to repair or demolish the same.

(c)

The hearing officer shall make written findings of fact from the testimony offered as to whether or not the building, structure or building service equipment in question is an unsafe condition as defined in this section and whether good cause exists for the failure to repair or demolish the unsafe condition.

(d)

If the hearing officer finds the building, structure, or building service equipment to be unsafe and if the owner of the unsafe building, structure or building service equipment or other parties in interest fail to show good cause why the unsafe building, structure or building service equipment should not be demolished forthwith, the hearing officer shall authorize the building official to cause the damaged building to be demolished. The costs of such demolition shall be charged against the real property on which the unsafe building, structure or building service equipment existed as an assessment. Such assessment shall be recorded in the office of the county recorder and shall be a lien on such real property from the date of its recording until paid. Such lien shall be subject and inferior to a lien for general taxes and to all prior encumbrances of record.

(e)

If the hearing officer finds the building, structure or building service equipment to be unsafe and that good cause exists to grant the owner or other parties in interest additional time to complete the repair or demolition of the damaged building, structure, or building service equipment, the hearing officer shall order that such repairs or demolition be completed with diligence and before a date certain, provided that no extension of time longer than six (6) months shall be granted to complete the repairs or demolition. If an extension of time to complete repairs or demolition of the unsafe building, structure or building service equipment is granted but the owner and other parties in interest do not complete the repair or demolition of the unsafe conditions within the extension of time granted, the building official, upon the expiration of the extension granted, shall cause the unsafe building, structure or service equipment to be demolished forthwith, no further extensions shall be allowed or granted. The costs of such demolition are the responsibility of the property owner and are due 30 days after the final invoice is submitted. Where costs are not paid within 30 days of issuance of the final invoice, the city shall place a lien upon the property and charge a monthly fee of 1% until such time as the lien is satisfied. Such assessment shall be recorded in the office of the county recorder and shall be a lien on such real property from the date of its recording until paid. Such lien shall be subject and inferior to a lien for general taxes.

(f)

Any determination by the hearing officer, including any additional extension in time beyond that initially granted by the hearing officer may only be appealed to the superior court.

116.6.6 Notice by Publication.

If the whereabouts of any person entitled to notice under this section cannot be ascertained by the city in the exercise of reasonable diligence, service of such notice may be made by publishing the notice in a newspaper printed and published in the city for two (2) consecutive weeks.

116.7 Failure to Comply

Failure of the property owner or occupant to comply with any part of this article or any lawful order given under the scope of this article is a Class 1 misdemeanor.

Section 201.3 is hereby amended to read as follows:

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 , Uniform Plumbing Code, International Fire Code, International Mechanical Code or International Plumbing Code , National Electrical Code, such terms shall have the meanings ascribed to them in those codes.

Section 201.4 is hereby amended by adding to the end of this subsection:

. . . Mirriam-Webster's Unabridged Dictionary of the English Language shall be considered as providing ordinarily accepted meanings.

Section 310.4 is hereby amended by adding the following item to the list of R-2 residential occupancies:

RESIDENTIAL CONDOMINIUMS

Section 406.1 is hereby amended by adding the following subsection:

406.1.6 Open Carports. Carports for other than single family residential use which are open on all sides and constructed entirely of noncombustible materials, except for an approved fascia, shall not exceed 5,000 square feet and shall be located no closer than 3 feet to an adjacent lot line, nor closer than 6 feet to any projecting element of an adjacent building or structure. The edge of the carport roof shall be used to measure the separation distance to adjacent lot lines, buildings or structures. Fire walls shall not be required in these open carports for each 3,000 square foot area.

Section 406.3.4: The first sentence of item 1 is amended to read as follows:

1.

The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 5/8 -inch Type X gypsum board applied to the garage side.

Sections 507.3 and 507.4 are hereby amended by adding a paragraph to each of these sections to read as follows:

With the building official's approval, a building code compliance covenant and reciprocal easement agreement may be used as an alternate method of compliance with the 60 foot wide yard requirement where a single development such as a shopping center is divided by lot lines or tract lines for financial purposes while the entire development is built and functions as one building on one undivided lot.

Section 603.1.2 Piping is hereby amended to read as follows "International Plumbing Code or the 2012 Uniform Plumbing Code."

Section 707.3.11 Electrical Rooms with Service Entrance Equipment is hereby added and shall read as follows:

Fire barrier walls and horizontal assemblies with a fire-resistance rating of one hour shall be provided to separate an electrical room containing service entrance equipment from adjacent rooms and spaces.

Section 903.2 is hereby amended by replacing the first sentence with the following:

Approved automatic sprinkler systems in new buildings and structures, and in existing buildings and structures, that are modified, expanded, remodeled, renovated or change occupancy classifications, shall be provided in accordance with the Glendale City Code, Chapter 16, Article III.

Section 903.3.1.1.1 is hereby amended by deleting item number 4.

Section 907.2.11.2 is hereby amended by adding new items 4 and 5:

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. Where soffits or other ceiling projections that separate a habitable room open to a hallway providing access to sleeping rooms creates an obstruction of 24 inches or more at the ceiling plane, smoke alarms shall be installed in the hallway and in the adjacent habitable room.

5.

At the top level of each stairway in the immediate vicinity of the stairway.

Section 1008.1.10: The third paragraph is hereby amended deleting the words "and over 6 feet (1,829mm) wide."

Section 1011.5 is hereby amended by deleting the words "and photoluminescent."

Section 1101 is hereby amended by adding the following subsection:

1101.3 Conflicting Requirements. Where there is a conflict between the requirements of this chapter and the 2010 Americans with Disabilities Act Standards for Accessible Design, the federal requirements shall govern.

Section 1109.2.3 is hereby amended be deleting the following:

"Where the total lavatories provided in a toilet room or bathing facility is six or more, at least one lavatory with enhanced reach ranges shall be provided."

Section 1207 is hereby deleted in its entirety.

For requirements on sound transmission refer to City of Glendale Revised Sound Attenuation Standards effective December 31, 2001.

Table 1607.1, #25 Residential is hereby amended to read as follows:

Habitable Attics and Sleeping Areas: 40

Section 1609.3 Exposure Category is hereby amended to read as follows:

The basic wind speed (3-second gust) is 90 m.p.h.

Section 1609.4.3 Exposure Categories is hereby amended to read as follows:

Single story one and two family dwellings shall use Exposure B, all other structures shall use Exposure C.

Section 1704.3 Statement of Special Inspections is hereby amended by deleting the Exception.

Section 1704.5 Masonry Construction is hereby amended by deleting Exception 2.

Section 1806.1 Load Combinations is hereby amended by adding the following:

In lieu of the presumptive load-bearing values of Table 1806.2, a soils report is required for new commercial and residential construction.

Section 1806.2 Presumptive Load- Bearing Values is hereby amended by adding the following:

In lieu of the presumptive load-bearing values of Table 1806.2, a soils report is required for new commercial and residential construction.

Section 1901.2 is hereby amended by adding the following:

All concrete structures shall be designed and constructed to meet the minimum requirements of Seismic Design Category C.

Section 2106.1 is hereby amended by adding the following:

All masonry structures shall be designed and constructed to meet the minimum requirements of Seismic Design Category C.

Table 2902.1 Minimum Number of Required Plumbing Fixtures is hereby amended by revising footnote "F" as follows:

F.

Occupant loads over 50 shall have drinking fountain(s) in accordance with this table. Where water is served in drinking or dining establishments, drinking fountains shall not be required. Within individual B occupancy tenant suites, bottled water may be substituted for a drinking fountain.

Table 2902.1 Minimum Number of Required Plumbing Fixtures is hereby amended by adding the following footnotes:

H.

Drinking fountains shall not be installed in toilet rooms.

I.

In each mens' toilet room, urinals shall not be substituted for more than 67% of the required number of water closets. Where only two water closets are required, one urinal may be substituted for a water closet.

J.

Twenty-four (24) inches (610 mm) of wash sink or eighteen (18) inches (457 mm) of a circular basin, when provided with water closets for such space, shall be considered equivalent to one lavatory.

K.

A restaurant is defined as a business which sells food to be consumed on the premises.

L.

The number of occupants for a drive-in restaurant (for fixture counts) shall be considered as equal to the number of parking stalls.

M.

Hand washing facilities must be available in the kitchen for employees.

N.

Where there is exposure to skin contamination with poisonous, infectious, or irritating materials, provide one (1) lavatory for each five (5) persons.

O.

For temporary construction facilities, one (1) urinal for each thirty (30) persons shall be provided.

Section 2902.2 is hereby amended by adding the following exception:

4.

Separate facilities shall not be required in B occupancies with a total occupant load, including both employees and customers, of 30 or less.

Section 2902.3 is hereby amended by adding the following at the end of the first paragraph:

Food preparation areas shall not be used for access to public toilet rooms. This restriction does not apply for access to employee toilet rooms. However, employee toilet rooms shall not open directly into a room used for the preparation of food for service to the public.

Chapter 31 is hereby amended by deleting Section 3109, Swimming Pool Enclosures. See Chapter 32 of the Glendale City Code for requirements.

Section 3412.2 is hereby amended by inserting the following date in the first sentence:

1949

(Ord. No. 2821, § 1, 10-23-12)