Chapter 7 - Building

ARTICLE 7-1
ARTICLE 7-2
ARTICLE 7-3
ARTICLE 7-4
ARTICLE 7-5
ARTICLE 7-6
ARTICLE 7-7
ARTICLE 7-8

ARTICLE 7-1        BUILDING CODE

7-1-1           Adoption of Uniform Building Code; Amendments

7-1-2           Conformance to Zoning Ordinance

Section 7-1-1      Adoption of Uniform Building Code; Amendments^[1]

1. That certain code entitled International Building Code, 2003 Edition, published by the International Code Council, inc. of Building Officials, is hereby adopted as the Building Code of the Town of Thatcher and made a part of this chapter the same as though said code was specifically set forth in full herein and at least three copies of said code shall be filed in the office of the town clerk and kept available for public use and inspection.
   

2. Standards and specifications set forth in Title 41, Chapter 9, Article 8, Arizona Revised Statutes (Arizonans with Disabilities Act), and its implementing rules, including “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” declared a public record by Resolution #338-1996, as applying to public entities, are hereby adopted and incorporated as an amendment to the International Building Code adopted in subsection A of this section and made part thereof as though fully set forth therein.  Such standards and specifications shall apply to new construction and alterations and are not required in buildings or portions of existing buildings that do not meet the standards and specifications.
   

3. Standards and specifications set forth in Title 41, Chapter 9, Article 8, Arizona Revised Statutes (Arizonans with Disabilities Act), and its implementing rules, including “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” declared a public record by Resolution # 338-1996, as applying to public accommodations and commercial facilities, are hereby adopted and incorporated as an amendment to the International Building Code adopted in subsection A of this section and made part thereof as though fully set forth therein.  Such standards and specifications shall apply to new construction and alterations commenced after September 3, 1996.

Section 7-1-2      Conformance to Zoning Ordinance

Whenever a building permit is issued and a building inspection performed, such building must conform to the provisions of the zoning ordinance in addition to the provisions of this chapter.

ARTICLE 7-2        PLUMBING CODE

That certain code entitled International Plumbing Code, 2003 Edition, published by the International Code Council, Inc. and  is hereby adopted as the  Plumbing Code of the Town of Thatcher and made a part of this chapter the same as though said code was specifically set forth in full herein; and at least three copies of said code shall be filed in the office of the town clerk and kept available for public use and inspection.

ARTICLE 7-3        ELECTRICAL CODE

That certain code entitled National Electrical Code, 1999 Edition, published by the National Fire Protection Association, is hereby adopted as the Electrical Code of the Town of Thatcher and made a part of this chapter the same as though said code was specifically set forth in full herein; and at least three copies of said code shall be filed in the office of the town clerk and kept available for public use and inspection.

ARTICLE 7-4        MECHANICAL CODE

That certain code entitled International Mechanical Code, 2003 Edition, published by the International Code Council Inc., is hereby adopted as the  Mechanical Code of the Town of Thatcher and made a part of this chapter the same as though said code was specifically set forth in full herein; and at least three copies of said code shall be filed in the office of the town clerk and kept available for public use and inspection.

ARTICLE 7-5         FIRE CODE

The 2003 edition of that certain code and standards known as the International Fire Code published by the International Code Council Inc.,is adopted and made a part of this article as if fully set forth in this article for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion.  Three copies of such code and standards have been and are now filed in the office of the town clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the town limits.

ARTICLE 7-6        AMENDMENTS TO THE INTERNATIONAL BUILDING AND FIRE CODES

The International Building Code and the International Fire Code are amended as follows:

1. Automatic sprinkler systems shall be installed in all public buildings or commercial buildings when the total floor area exceeds 7500 square feet.
   

2. All permit fees shall be set by the town.

ARTICLE 7-7        BUILDING OFFICIAL

The building official and administrative authority, as such may be referenced in any section of this chapter for all matters pertaining to any building, plumbing, electrical or any other inspections, shall be vested in the office of the building inspector or such other person as the council may determine.

ARTICLE 7-8        OUTDOOR LIGHTING CODE

7-8-1           Jurisdiction

7-8-2           Approved Materials and Methods of Installation

7-8-3           Definitions

7-8-4           Exempt Artificial Illuminating Devices

7-8-5           General Requirements

7-8-6           Submission of Plans and Evidence of Compliance

7-8-7           Prohibitions

7-8-8           Temporary Exemption

7-8-9           Permanent Exemptions

7-8-10         Conflict with Other Codes

Section 7-8-1      Jurisdiction

All outdoor lighting installations shall conform to the provisions of this article.

Section 7-8-2      Approved Materials and Methods of Installation

The provisions of this article are not intended to prevent the use of any material or method of installation not specifically prescribed by this article, provided any such alternate has been approved.  The building official may approve any such alternate provided he finds that the proposed design, material or method is:

1. Satisfactory and complies with the intent of this article; or
   

2. Provides approximate equivalence to those specific requirements of this article.

Section 7-8-3      Definitions

In this article, unless the context otherwise requires:

1. "Individual" means any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations.
   

2. "Installed" means the initial installation of outdoor light fixtures defined herein after January 21, 1982.
   

3. "Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement.  Such devices shall include, but are not limited to, search, spot or flood lights for buildings and structures, recreational areas, parking lot lighting, landscape lighting, billboards and other signage (advertising or other) and street lighting.  This definition shall not include street lighting installed prior to January 21, 1982.
   

4. "Restricted areas" means an area 35 miles in radius, whose center is the High Peak on Mt. Graham in the Pinaleno Mountain Range and designated as area "A" in this article.  All other areas within the geographic boundaries of Graham County are considered as restricted and designated as area "B" in this article.

Section 7-8-4      Exempt Artificial Illuminating Devices

Outdoor light emitting sources which because of their permanent location, type or size are exempted in Section 7-8-5 or are listed in Sections 7-8-8 or 7-8-9 as excluded, shall be considered exempt from all requirements of this article.

Section 7-8-5      General Requirements

1. Shielding.  All exterior illuminating devices, except those exempt from this article, and those regulated by Section 7-8-7 shall be fully or partially shielded as required in the table set forth in subsection C of this section.

   1.      "Fully shielded" means that those fixtures shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

   2.      "Partially shielded" means that those fixtures shall be mounted in such a manner that the uppermost edge of the shield is below the plane center line of the light source (lamp), minimizing light above the horizontal.
   

2. Filtration.

   1.      Those outdoor light fixtures requiring a filter in subsection C of this section, except mercury vapor, shall be equipped with a filter whose transmission is less than five percent total emergent flux at wavelengths less than thirty-nine hundred angstroms.  Total emergent flux is defined as that between three thousand and seven thousand angstrom units.

   2.      Mercury vapor fixtures shall be equipped with a filter whose transmission is less than ten percent total emergent flux at wavelengths less than forty-four hundred angstroms.  Total emergent flux is defined as that between three thousand and seven thousand angstrom units.

   3.      Low pressure sodium lamps are the preferred lamp for minimizing adverse effects on astronomical observations.

(1)    The preferred light source to minimize undesirable light into the night sky affecting astronomical observations.

(2)    Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded, metal halide lamps shall be enclosed luminaries.

(3)    Warm white and natural lamps are preferred to minimize detrimental effects.  Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.

(4)    For the purposes of this article, quartz lamps shall not be considered an incandescent light source.

(5)         Most glass, acrylic or translucent enclosures satisfy these filter requirements.

Section 7-8-6      Submission of Plans and Evidence of Compliance

1. The applicant for a permit involving outdoor light fixtures shall submit (as part of the application for permit) evidence of compliance with this article.  The submission may contain but not be limited to the following:

   1.      Plans indicating the location and the type of illuminating devices, fixtures, lamps and other devices.

   2.      A description of the illuminating devices, outdoor fixtures, lamps and other devices.  This description may include, but not be limited to, catalog cuts by manufacturers and drawings (including sections where required).
   

2. The above-indicated plans and descriptions shall be sufficiently complete to indicate to the plans examiner compliance with the requirements of this article.  If devices, fixtures or lamps are submitted which are by their nature or configuration difficult to determine whether compliance exists, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.  (Examples of recognized labs would be Independent Testing Lab, Engineering Testing Lab, Lighting Research Laboratory, Environmental Testing Laboratories located in Scottsdale, Arizona.)
   

3. Should any outdoor light fixture or lamp be substituted after the permit has been issued, a change must be submitted to the building official for his approval together with adequate information to assure compliance with this article.
   

4. Permit shall be obtained prior to installation.

Section 7-8-7      Prohibitions

1. Searchlights.  The operation of searchlights for advertising purposes within the geographic limits of Area B is prohibited between 11 p.m. and 6 a.m. the following morning.  Searchlights are prohibited in Area A.
   

2. Recreational Facility.  No outdoor recreational facility (public or private), shall be illuminated by nonconforming means after 11 p.m. unless a specific recreational or sporting event or any other activity conducted at a ball park, outdoor amphitheater, arena or similar facility was in progress prior to 11 p.m.
   

3. Exterior Building or Landscaping Illumination.  The unshielded outdoor illumination of any building, landscaping, signing or other purpose is prohibited except with incandescent fixtures less than 150 watts.

Section 7-8-8      Temporary Exemption

1. Request.  Any individual may submit a written request on a form prepared by the town to the building official for a temporary exemption from the requirements of this article such exemption to be valid for thirty days, renewable at the discretion of the building official.  The request for temporary exemption shall contain minimally the following information:

   1.      Specific exemptions requested

   2.      Type and use of exterior light involved

   3.      Duration of time for requested exemption

   4.      Type of lamp and calculated lumens

   5.      Total wattage of lamp or lamps

   6.      Proposed location of exterior light

   7.      Previous temporary exemptions, if any

   8.      Physical size of exterior light and type of shielding provided

   9.      Such other data and information as may be required by the building official.
   

2. Appeal for Temporary Exemption.  The building official within five days from the date of the request for temporary exemption shall approve or reject in writing the request.  If rejected, the individual making the request shall have the right of appeal to the council for review of the decision of the building official.  Such appeal shall be processed on forms prepared by the town.  Results of the reviews by the council of such appeals will be forwarded to the appellant, building official and others requesting such results.

Section 7-8-9      Permanent Exemptions

1. Non-Conformance.  All outdoor light fixtures existing and fully installed prior to January 21, 1982 may remain non-conforming indefinitely.
   

2. Fossil Fuel Light.  All outdoor light fixtures producing light directly by the combustion of natural gas or other utility-type fossil fuels are exempt from all requirements of this article.
   

3. State and Federal Facilities.  Outdoor light fixtures installed on and in connection with those facilities and land owned or operated by the federal government or the state are exempt from all requirements of this article.  Voluntary compliance with the intent of this article at those facilities is encouraged.

Section 7-8-10    Conflict with Other Codes

Where any provision of any Arizona state laws, federal laws or any companion article or code of the town comparatively conflicts with the requirements of this article, the more restrictive shall govern.

_________________________________________________