(A)

Chief Building Official. The Building Official and administrative authority, as may be referenced in any section of this chapter for all matters pertaining to any building, plumbing, electrical, mechanical or any other inspections, shall be vested in the office of the Chief Building Official, provided that the Chief Building Official may authorize deputies as needed to perform any inspection work or other functions that may be required by this chapter with approval of the City Manager.

(B)

Inspections. Whenever the duty or responsibility of making inspections for Fire Department or fire protection purposes is imposed upon or granted to any officer or person by this code, the designation of persons or officers shall be deemed to include the Chief Building Official and Fire Chief, or his or her designee as authorized by the Chief Building Official or his or her designee or Fire Chief or his or her designee. All inspections shall be performed and conducted by the Fire Chief, and Chief Building Official, or their authorized designees. No other person shall perform the inspections unless requested and authorized to do so by the Chief Building Official.

(Am. Ord. 454, N.S., passed 4-10-2007; Am. Ord. 485, N.S., passed 4-14-2009)

(A)

Regardless of any provision to the contrary, in the various uniform codes adopted by this article, including, but not limited to, the International Building Code, the International Plumbing Code, the National Electric Code and the International Mechanical Code, the Chief Building Official or Building Inspector or his or her designated representative shall not issue a building permit for any new construction within the city limits unless the plans and specifications submitted for the proposed construction show that the floor on the new construction will be a minimum of 12 inches above grade as defined by the International Building Code.

(B)

Any builder, developer, land subdivider or any other person who applies for a building permit or for approval of a plat plan for property located within the city limits shall furnish to the city staff a flood study or flood plan for the property in question. The flood study or plan required herein shall be in sufficient detail, as necessary, to qualify the property in question for United States Government Federal Flood Insurance. The foregoing requirement shall not apply to a property owner who desires to build a single-family residence where he or she intends to reside.

(C)

Notwithstanding any provision to the contrary contained in any of the various international codes adopted pursuant to this article, no structure classified as One- and Two-Family Dwellings, as defined in the most recent version of the International Residential Code adopted by the city pursuant to § 12-1-20, shall be used or occupied, and no change in the existing occupancy classification of a structure or portion thereof shall be made, until the City Building Official has issued a certificate of occupancy therefor pursuant to those provisions of the International Residential Code governing the issuance of certificates of occupancy.

(D)

Any owner of property who causes the undertaking of any activity for which a building permit is required shall be liable for any costs and expenses attributable to any damage or harm caused to public or private property by the undertaking, except where the damage or harm is the purpose of the undertaking. Any person performing any part of the undertaking shall be liable for all costs and expenses attributable to any damage or harm caused to public or private property by the performance of that part of the undertaking by that person. In addition, the city may withhold any final approvals or certificates of occupancy relating to the undertaking until the damage or harm is corrected and all costs and expenses attributable thereto have been paid.

(Ord. 348, N.S., passed 5-28-1996)

All public works related construction, whether done by the city or by another entity, shall be done in accordance with the codes entitled the Maricopa Association of Governments Uniform Standard Specifications for Public Works Construction, 2015 edition, as amended, and the Maricopa Association of Governments Uniform Standard Details for Public Works Construction, 2015 edition, as amended, which are made a part of this chapter the same as though the codes were specifically set forth in their entirety herein; and the City of Tolleson 2018 Supplement to the Maricopa Association of Governments Uniform Standard Specifications and Uniform Standard Details for Public Works Construction.

(Am. Ord. 485, N.S., passed 4-14-2009; Am. Ord. 505, N.S., passed 2-22-2011; Am. Ord. 584, N.S., passed November 13, 2018.)

Whenever a violation of this article is determined, whether during construction or at the plan review stage, and a person wishes to appeal the determination of city staff because of code interpretation, unreasonable hardship or other extraordinary circumstances, the person may appeal to the Board of Adjustment's hearing committee as follows.

(A)

The person shall file a written appeal on forms provided by the Board of Adjustment no later than three business days from the date of the determination appealed from.

(B)

The appeal will be heard by the Board of Adjustment after publication of public notice.

(C)

The Board of Adjustment shall consist of the Mayor and Council members. At the request of the Mayor and Council members, other technical persons may be added for a particular appeal.

(D)

Adequate information shall be provided by the appellant in order to fully describe the conditions in question.

(E)

The applicant may, but is not required to, attend the Board of Adjustment meeting.

(F)

If an appeal is denied by the Board of Adjustment, the appellant shall comply with the determination appealed from.

(A)

The following codes are hereby adopted and made of a part of this article the same as though the codes were specifically set forth in full herein.

(1)

The International Building Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(a) The text of Section 101.1 Title, is hereby deleted in its entirety and replaced as follows:

[A] 101.1 Title. These regulations shall be known as the Building Code of the City of Tolleson, hereinafter referred to as "this Code."

(b) The text of Section 101.2.1 Appendices, is hereby deleted in its entirety and replaced as follows:

[A] 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. The City of Tolleson hereby adopts Appendix I Patio Covers.

(c) The text of Section 101.4.3 Plumbing, is hereby deleted in its entirety and replaced as follows:

[A] 101.4.3 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

(d) The text of Section 104.3.1 Determination of Substantially Improved or Substantially Damaged Existing Buildings and Structures in Flood Hazard Areas, is hereby deleted in its entirety and replaced as follows:

[A] 104.3.1 Determination of Substantially Improved or Substantially Damaged Existing Buildings and Structures in Flood Hazard Areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the Maricopa County Flood Control Manager shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Maricopa County Flood Control Manager determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this Code, the Maricopa County Flood Control Manager shall require the building to meet the requirements of Section 1612, or Section R306 of the International Residential Code, as applicable.

(e) The text of Section 105.2 Work Exempt from Permit—Building (2), is hereby deleted in its entirety and replaced as follows:

Building.

***

2. Fences not over 6 feet high.

(f) The text of Section 105.3.2 Time Limitation of Application, is hereby deleted in its entirety and replaced as follows:

[A] 105.3.2 Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of last completed review for correction or approval, unless such 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 each. The extension shall be requested in writing and justifiable cause demonstrated.

(g) The text of Section 109.4 Work Commencing Before Permit Issuance, is hereby amended by adding the following to the last sentence of the section:

This fee shall be equal to double the amount of the Plan Review and Building Permit fees required by this Code. The payment of such a fee shall not exempt an applicant from compliance with all other provisions of either this Code or other requirements, nor from the penalty prescribed by law.

(h) The text of Section 109.6 Refunds, is hereby deleted in its entirety and replaced as follows:

[A] 109.6 Refunds. The building official shall be permitted to authorize refunding of a fee paid hereunder which was erroneously paid or collected. The building official shall be permitted to 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. No refund shall be made once an (any) inspection has been conducted under the permit. The building official shall be permitted to authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any review has taken place. The building official shall not be permitted to authorize refunding of any fee paid except upon written application filed by the original permittee not more than 180 days after the date of permit issuance.

(i) The text of Section 113 Means of Appeals, is hereby deleted in its entirety and replaced as follows:

Section 113 Means of Appeals

[A] 113.1 Means of Appeals. Decisions of the Chief Building Official shall be appealed to a hearing officer appointed by the City Manager. An application for an appeal of any order, decision or interpretation made by the Chief Building Official shall be filed in writing and shall be delivered to the Chief Building Official within thirty (30) calendar days of the date of the order, decision or interpretation. The decision of the Chief Building Official may be reversed or modified by the hearing officer upon his/her finding that:

a. The decision of the Chief Building Official is not supported by a reasonable interpretation of the 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 Chief Building Official's decision will not create or manifest injustice or affect the intent of the city code.

c. The reversal of the Chief Building Official's decision will not be detrimental to the public health, safety and welfare.

[A] 113.2 Limitations on Authority. The hearing officer shall have no authority related to interpretation of the administrative provisions of the codes, nor shall the hearing officer be empowered to waive the requirements of the codes.

(j) The text of Section 201.4 Terms Not Defined, is hereby amended by adding the following to the last sentence of the section:

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

(k) The text of Section 308.2.4 Five or Fewer Persons Receiving Custodial Care, is hereby deleted in its entirety and replaced as follows:

308.2.4 Five or Fewer Persons Receiving Custodial Care. A facility with five or fewer persons receiving custodial care shall be classified as Group R-3 or shall comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 of this Code.

(l) The text of Section 308.3.2 Five or Fewer Persons Receiving Medical Care, is hereby deleted in its entirety and replaced as follows:

308.3.2 Five or Fewer Persons Receiving Medical Care. A facility with five or fewer persons receiving medical care shall be classified as Group R-3 or shall comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 of this Code.

(m) The text of Section 310.3 Residential Group R-2, is hereby amended by adding the following to the list of R-2 residential occupancies:

Residential condominiums

(n) The following Section 707.3.12 Electrical Rooms with Service Entrance Equipment is hereby added and shall read as follows:

707.3.12 Electrical Rooms with Service Entrance Equipment. Fire Barriers and/or 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.

(o) The text of Section 901.1 Scope, is hereby amended by adding the following to the end of the section:

Code sections preceded by [F] shall be maintained and administered under the International Fire Code as adopted by the City of Tolleson. Where there is a conflict regarding fire suppression system requirements and/or fire alarm system requirements between this Code and the Fire Code, the Fire Code shall prevail.

(p) The text of Section 901.5 Acceptance Tests, is hereby deleted in its entirety and replaced as follows:

901.5 Acceptance Tests. Fire protection systems shall be tested in accordance with the requirements of this Code and the International Fire Code. Where required, the tests shall be conducted in the presence of the building official. Tests required by this Code, the International Fire Code and the standards listed in this Code shall be conducted at the expense of the owner or the owner's authorized agent. It shall be unlawful to use, occupy, or furnish any portion of a structure until the fire protection systems of the structure have been tested, inspected, and approved.

(q) The text of Section 1102.1 Design, is hereby deleted in its entirety and replaced as follows:

17.1.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this Code. ICC A117.1, and the "Arizonans with Disabilities Act" (Arizona Revised Statutes, Title 41, Chapter 9, Article 8), and the "Arizonans with Disabilities Act Implementing Rules" (Arizona Administrative Code, Title 10, Chapter 3, Article 4), which rules incorporate the federal "2010 Americans with Disabilities Act Standards for Accessible Design," and shall apply to new construction.

(r) Table 1607.1 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS, L ₀ , AND MINIMUM CONCENTRATED LIVE LOADS, Section 27—Residential—One- and two-family dwellings—Habitable attics and sleeping areas, is hereby deleted in its entirety and replaced as follows:

(s) The text of Section 1705.4 Masonry Construction, is hereby amended by adding the following to the list of Exceptions:

Exception: Special inspections and tests shall not be required for:

4. Masonry fences seven (7) feet or less in height above grade.

(t) Table 2902.1 Minimum Number of Required Plumbing Fixtures, Footnotes E and F, are hereby deleted in its entirety and replaced as follows:

e. For business and mercantile classifications with an occupant load of 25 or fewer, a service sink shall not be required.

f. Reserved.

(u) The text of Section 2902.6 Small Occupancies, is hereby deleted in its entirety and replaced as follows:

[A] 2902.6 Small Occupancies. Restaurants that provide free drinking water to the public are not required to provide a drinking fountain. Occupancies may provide a bottled water dispenser located in the public area in lieu of the drinking fountain for the public.

(v) The text of Section 3109.1 Swimming Pool Enclosures and Safety Devices, is hereby deleted in its entirety and replaced as follows:

[A] 3109.1 Swimming Pool Enclosures and Safety Devices. Swimming pool enclosures and safety devices shall be installed pursuant to Arizona Revised Statutes § 36-1681.

(2)

The International Residential Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(a) The text of Section R101.1 Title, is hereby deleted in its entirety and replaced as follows:

R101.1 Title. These regulations shall be known as the Residential Building Code of the City of Tolleson, hereinafter referred to as "this Code."

(b) The text of Section R101.2.1 Appendices, is hereby deleted in its entirety and replaced as follows:

R101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. The City of Tolleson hereby adopts:

Appendix BF Patio Covers

Appendix BO Existing Buildings and Structures.

(c) Section R101.2 Scope, is hereby amended by adding the following section:

R101.2.1 RESNET Testing and Protocol. The Residential Energy Services Network (RESNET) Mortgage Industry National Home Energy Rating System Standards Protocol for third party testing and inspections shall be deemed to meet the requirements of sections R402.4.1.1, R402.4.1.2 and R403.2.2 and shall meet the following conditions.

1. Third Party Testing and Inspections shall be completed by a RESNET certified Rater or Field Rating Inspector and shall be subject to RESNET Quality Assurance Field Review procedures.

2. Sampling in accordance with Chapter 6 of the RESNET Standards shall be performed by Raters or Field Inspectors working under a RESNET Accredited Sampling Provider.

3. Third Party Testing is required for the following items:

a. R402.4.1.1—Building Envelope—Thermal Air Barrier Checklist

b. R402.4.1.2—Testing—Air Leakage Rate

c. R403.2.2—Sealing—Duct Tightness

4. The other requirements identified as "mandatory" in Chapter 4 shall be met.

5. Alternate testing and inspection programs and protocols shall be allowed when approved by the Code Official.

(d) The text of Section R105.3.2 Time Limitation of Application, is hereby deleted in its entirety and replaced as follows:

R105.3.2 Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith, or a permit has been issued; except that the building official is authorized to grant one extension of time for a period not to exceed 180 days. The extension shall be requested in writing and justifiable cause demonstrated. Before such work re-commences, the extension will be granted provided no changes have been made or will be made in the original construction documents for such work and provided further that such suspension or abandonment has not exceeded one year.

(e) The text of R108.6 Work Commencing Before Permit Issuance, is hereby amended by adding the following to the end of the section:

This fee shall be equal to double the amount of the Plan Review fee and Building Permit fee required by this Code. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this Code any other City of Tolleson regulation, nor from the penalty prescribed by law.

(f) The text of Section R112 Means of Appeals, is hereby deleted in its entirety and replaced as follows:

R112.1 Means of Appeals. Decisions of the Chief Building Official shall be appealed to a hearing officer appointed by the City Manager. An application for an appeal of any order, decision or interpretation made by the Chief Building Official shall be filed in writing and shall be delivered to the Building Official within thirty (30) calendar days of the date of the order, decision or interpretation. The decision of the Chief Building Official may be reversed or modified by the hearing officer upon his/her finding that:

a. The decision of the Chief Building Official is not supported by a reasonable interpretation of the 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 Chief Building Official's decision will not create or manifest injustice or affect the intent of the city code.

c. The reversal of the Chief Building Official's decision will not be detrimental to the public health, safety and welfare.

R112.2 Limitations of Authority. The hearing officer shall have no authority related to interpretation of the administrative provisions of the codes, nor shall the hearing officer be empowered to waive the requirements of the codes.

(g) The text of Section R201.4 Terms Not Defined, is hereby amended by adding the following to the end of the section:

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

(h) The text of Section R202 Definitions—[RE] Fire Separation Distance, is hereby deleted in its entirety and replaced as follows:

[RB] FIRE SEPARATION DISTANCE. The distance measured from the building foundation wall face to one of the following:

1. To the closest interior lot line.

2. To the centerline of a street, an alley or a public way.

3. To an imaginary line between two buildings on the lot. The distance shall be measured at the right angle from the face of the framing.

(i) The TABLE R301.5 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA is hereby amended to read as follows:

(j) Table 1607.1 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS (in pounds per square foot), "Use - Habitable attics and attics served with fixed stairs" and "Use - Sleeping rooms," are hereby deleted in its entirety and replaced as follows:

(k) The text of Section R302.5.1 Opening Protection, is hereby amended by adding the following to the end of the section:

Doors providing opening protection shall be maintained self-closing, self-latching and tight-fitting.

(l) The text of Section 302.3 Two-Family Dwellings, is hereby amended by adding the following to the end of the section:

Where preempted by the Arizona Revised Statutes, triplexes and fourplexes shall comply with the provisions of this section.

(m) Section R09.1 Townhouse Automatic Fire Sprinkler Systems, is hereby deleted in its entirety.

(n) The text of Section R309.2 One- And Two-Family Dwellings Automatic Sprinkler Systems, is hereby deleted in its entirety and replaced as follows:

An automatic residential fire sprinkler system may be installed in one- and two-family dwellings.

(o) Section R328.1 General, is hereby deleted in its entirety and replaced as follows:

R328.1 Swimming Pool Enclosures and Safety Devices. Swimming pool enclosures and safety devices shall be installed pursuant to Arizona Revised Statutes § 36-1681.

(p) Section R505.1 Engineered Design Required, is hereby deleted in its entirety and replaced as follows:

R505.1 Engineered Design Required. For Cold-Formed Steel Floor Framing the project drawings, details, calculations and specifications are required to bear the seal of an Arizona registered engineering design professional.

(q) R804.1.1 Engineered Design Required, is hereby deleted in its entirety and replaced as follows:

R804.1.1 Engineered Design Required. For cold-formed steel roof framing the project drawings, details, calculations and specifications are required to bear the seal of an Arizona registered engineering design professional.

(r) TABLE N1106.5 (R406.5) MAXIMUM ENERGY RATING INDEX, "Climate Zone 2," is hereby deleted in its entirety and replaced as follows:

(s) Section G2415.12 (404.12) Minimum Burial Depth, is hereby deleted in its entirety and replaced as follows:

G2415.12 (404.12) Minimum Burial Depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade for metal piping and 18 inches (457mm) for plastic piping, except as provided for in Section G2415.12.1.

(t) Section G2415.12.1 Individual Outside Appliances, is hereby deleted in its entirety.

(u) Section G2415.12.1 Individual Outside Appliances, subsection 2 is hereby deleted in its entirety and replaced as follows:

2. Discharge through an air gap located in the same room as the water heater except where the discharge is outdoors, not subject to freezing and the piping terminates not less than 6 inches (152 mm) and not more than 12 inches (305mm) above grade.

(v) The text of Section E3401.2 Scope, is hereby deleted in its entirety and replaced as follows:

E3401.2 Scope. Chapters 34 through 43 shall cover the installation of electrical systems, equipment and components indoors and outdoors that are within the scope of this Code, including services, power distribution systems, fixtures, appliances, devices and appurtenances. Services within the scope of this Code shall be limited to 120/240-volt, 0- to 400- ampere, single-phase systems. These chapters specifically cover the equipment, fixtures, appliances, wiring methods and materials that are most commonly used in the construction or alteration of one- and two-family dwellings and accessory structures regulated by this Code. The omission from these chapters of any material or method of construction provided for in the referenced standard NFPA 70 shall not be construed as prohibiting the use of such material or method of construction. Electrical systems, equipment or components not specifically covered in these chapters shall comply with the applicable provisions of NFPA 70, and where provisions of this Code differ from the 2023 National Electrical Code, the provisions of the 2023 National Electrical Code shall prevail.

(w) Section E3706.5 Back-Fed Devices, is hereby deleted in its entirety.

(x) The text of Section E3901.4.2 Island and Peninsular Counter Tops and Work Surfaces, is hereby deleted in its entirety and replaced as follows:

E3901.4.2 Island and Peninsular Counter Tops and Work Surfaces. Not less than one duplex receptacle outlet shall be installed to serve island or peninsular countertops and work surfaces with a minimum long dimension of 24 inches and a minimum short dimension of 12 inches.

(y) Section E3901.4.3 Receptacle Outlet Location, subsection 1 is hereby deleted in its entirety and replaced as follows:

1. On or above, but not more than 20 inches (508 mm) above, the countertop or work surface.

Receptacle may be installed not more than 12 inches below the top of the counter or work surface. These receptacles do not count toward the receptacles required by Section E3901.2.

(3)

The International Existing Building Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(a) The text of Section 101.1 Title, is hereby deleted in its entirety and replaced as follows:

[A] 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Tolleson, hereinafter referred to as "this Code."

(4)

NFPA 70 National Electrical Code, 2023 Edition, as published by the National Fire Protection Association, with amendments and exclusions as follows:

(a) The text of Section 90.2 Use and Application, subsection (A) Practical Safeguarding, is hereby deleted in its entirety and replaced as follows:

(A) Practical Safeguarding. The purpose of this Code is the practical safeguarding of persons and property from hazards arising from the use of electricity. Any and all electrical work for light, heat, power, or any other purposes shall be installed in conformity with the rules and regulations as set forth in this Code and that document titled, NFPA 70 National Electrical Code, 2023 edition, and in conformity with the rules, policies, regulations and amendments as set forth by the building official. This Code is not intended as a design specification or an instruction manual for untrained persons.

(b) Section 90.2 Use and Application subsection (A) Practical Safeguarding, is hereby amended by adding the following sections:

90.2(A)(1) Special Inspection. The City of Tolleson requires Special Electrical Inspections for the types of work specified below as added through this subsection and subsection 90.2(A)(2). Special Electrical Inspections include, but are not limited to, testing or observation of the work assigned for conformance with the approved design drawings and specifications, and submission of appropriate inspection reports or certificates to the City of Tolleson Electrical Inspector.

The Special Electrical Inspector shall be a qualified person who demonstrates competence to the satisfaction of the Building Official for the type of work requiring Special Inspection. These individual(s) or firm(s) shall be responsible for performing the Special Inspection tasks and reports required by the City of Tolleson. The Special Electrical Inspector(s) shall be an independent, third-party individual, firm or testing agency and shall not be the installing contractor or any other person responsible for the work.

Electrical Special Inspection:

1. Ground-fault protection performance tests for equipment provided or required to have groundfault protection.

2. Switchboard, panelboards, motor control center, and all other equipment rated 1,000 amps or more; or over 600 volts. (over-potential test, also known as a dielectric withstand test, and commonly referred to as a hi-pot test).

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

4. Other special inspections as required by the building official.

90.2(A)(2) Electrical Observation. Electrical observation by the 'Registrant of Record' shall be provided for the following installations:

1. Installation or alteration of that portion of a health care facility electrical system which fall within the scope of article 517, Part 3 "Essential Electrical System" of the 2017 National Electrical Code.

2. Installations or alterations of high voltage electrical systems, which exceed 600 volts.

3. Installations or alterations of electrical systems within locations classified as hazardous by the provisions of the 2017 National Electrical Code, or the currently adopted International Fire Code, except for gasoline dispensing installations and systems located within storage garages, repair garages or lubritorium.

4. When electrical observation is specifically required by the building official.

The owner shall direct 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 approved plans and specifications, including, but not limited to, placement and interconnection of equipment. Electrical observation shall be performed at intermediate significant stages of the construction progression and when installation is complete and ready to be inspected by the Building Official. Certificates of Electrical Observation shall be completed and sealed by the Engineer of Record for all life safety items as one of the requirements prior to release of a temporary certificate of occupancy. All certificates of Electrical Observation shall be completed and sealed prior to the project's final approval and the electrical portion of the certificate of occupancy is completed.

(c) The text of Section 230.70(A)(1) Readily Accessible Location, is hereby deleted in its entirety and replaced as follows:

(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside of a building or structure, or inside nearest the point of entrance of the service-entrance conductors. The service disconnecting means shall be installed adjacent to, and accessible from, the same working area as the utility meter. All service disconnecting means located inside a building shall be enclosed within a room or space separated from the rest of the building by not less than a one-hour fire barrier.

Exception: The ceiling of this service entrance room may be constructed as required for a one-hour horizontal assembly in accordance with 2024 International Building Code, Chapter 7.

(d) The text of Section 358.10 Uses Permitted, subsection (B) Corrosive Environments, is hereby deleted in its entirety and replaced as follows:

(8) Corrosive Environments. Ferrous or nonferrous EMT, elbows, couplings, and fittings shall not be in concrete that is in direct contact with the earth, or in areas subject to severe corrosive influences and judged unsuitable for the condition by the Authority Having Jurisdiction.

(e) The text of Section 358.12 Uses Not Permitted, is hereby amended by adding the following subsection:

(3) Where in direct contact with the soil.

(5)

The International Mechanical Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(a) The text of Section 101.1 Title, is hereby deleted in its entirety and replaced as follows:

[A] 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Tolleson, hereinafter referred to as "this Code."

(b) The text of Section 105.4.4 Extensions, is hereby deleted in its entirety and replaced as follows:

[A] 105.4.4 Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application had been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one extension of time for a period not to exceed 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

(c) The text of Section 108.2 Schedule of Permit Fees, is hereby deleted in its entirety and replaced as follows:

[A] 108.2 Fee Schedule. All fees shall be in accordance with City of Tolleson adopted fee schedule.

(d) The text of Section 108.6 Refunds, is hereby deleted in its entirety and replaced as follows:

[A] 108.6 Fee Refunds. The code official shall be permitted to authorize refunding of a fee paid hereunder which was erroneously paid or collected. The code official shall be permitted to 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 code official shall be permitted to authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The code official shall not be permitted to authorize refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(e) The text of Section 112 Means of Appeals, is hereby deleted in its entirety and replaced as follows:

Section 112 Means of Appeals. Decisions of the Chief Building Official shall be appealed to a hearing officer appointed by the City Manager. An application for an appeal of any order, decision or interpretation made by the Chief Building Official shall be filed in writing and shall be delivered to the Building Official within thirty (30) calendar days of the date of the order, decision or interpretation. The decision of the Chief Building Official may be reversed or modified by the hearing officer upon his/her finding that:

a. The decision of the Chief 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 Chief Building Official's decision will not create or manifest injustice or affect the intent of the city code.

c. The reversal of the Chief Building Official's decision will not be detrimental to the public health, safety and welfare.

(f) Section 114.4 Violation Penalties, is hereby deleted in its entirety.

(g) The text of Section 201.4 Terms Not Defined, is hereby amended by adding the following to the end of the section:

(h) The text of Section 1101.1.2 Ammonia Refrigerant, is hereby deleted in its entirety and replaced as follows:

[A] Section 1101.1.2 Ammonia Refrigerant. Refrigeration systems using ammonia refrigerant and the buildings in which such systems are installed shall comply with the most current IIAR standards and shall not be required to comply with this chapter.

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

(6)

The International Plumbing Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(a) The text of Section 101.1 Title, is hereby deleted in its entirety and replaced as follows:

[A] 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Tolleson, hereinafter referred to as "this Code."

(b) The text of Section 101.2.1 Appendices, is hereby deleted in its entirety and replaced as follows:

[A] 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. The City of Tolleson hereby adopts:

Appendix B Rates of Rainfall for Various Cities

Appendix E Sizing of Water Piping System

(c) The text of Section 105.5.4 Extensions, is hereby added to read as follows:

[A] 105.5.4 Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith, or a permit has been issued; except that the Building Official is authorized to grant one extension of time for a period not to exceed 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

(d) The text of Section 108.2 Schedule of Permit Fees, is hereby deleted in its entirety and replaced as follows:

[A] Fee Schedule. All fees shall be in accordance with the City of Tolleson adopted fee schedule.

(e) The text of Section 108.6 Refunds, is hereby deleted in its entirety and replaced as follows:

[A] 108.6 Fee Refunds. The code official shall be permitted to authorize refunding of a fee paid hereunder which was erroneously paid or collected. The code official shall be permitted to 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 code official shall be permitted to authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The code official shall not be permitted to authorize refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of payment.

(f) The text of Section 112 Means of Appeals, is hereby deleted in its entirety and replaced as follows:

Section 112 Means of Appeals. Decisions of the Chief Building Official shall be appealed to a hearing officer appointed by the City Manager. An application for an appeal of any order, decision or interpretation made by the Chief Building Official shall be filed in writing and shall be delivered to the Building Official within thirty (30) calendar days of the date of the order, decision or interpretation. The decision of the Chief Building Official may be reversed or modified by the hearing officer upon his/her finding that:

a. The decision of the Chief 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 Chief Building Official's decision will not create or manifest injustice or affect the intent of the city code.

c. The reversal of the Chief Building Official's decision will not be detrimental to the public health, safety and welfare.

(g) The text of Section 201.4 Terms Not Defined, is hereby amended by adding the following to the end of the section:

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

(h) The text of Section 305.4.1 Sewer Depth, is hereby deleted in its entirety and replaced as follows:

8.4.1.1 Sewer Depth. Building sewers that connect to private sewage disposal systems shall be installed not less than 12 inches (305 mm) below finished grade at the point of septic tank connection.

Building sewers shall be installed not less than 12 inches (305 mm) below grade.

(i) The text of Section 410.4 Substitution, is hereby deleted in its entirety and replaced as follows:

410.4 Substitution. Where restaurants provide drinking water in a container free of charge, drinking fountains shall not be required in those restaurants. In other occupancies, where drinking fountains are required, bottled water dispensers or water coolers shall be permitted to be substituted.

(j) The text of 504.6 Requirements for Discharge Piping, subsection 2 is hereby deleted in its entirety and replaced as follows:

2. Discharge through an air gap located in the same room as the water heater except where the discharge is outdoors, not subject to freezing and the piping terminates not less than 6 inches (153mm) and not more than 12 inches (305mm) above grade.

(k) The text of Section 608.17.1.1 Carbonated Beverage Dispensers, is hereby deleted in its entirety and replaced as follows:

608.17.1.1 1 Carbonated Beverage Dispensers. The water supply connection to each carbonated beverage dispenser shall be protected by a Reduced Pressure Principal Backflow Assembly. The portion of the backflow preventer device downstream from the second check valve of the device and the piping downstream therefrom shall not be affected by carbon dioxide gas.

(l) The text of Section 803.1 Neutralizing Device Required for Corrosive Wastes, is hereby deleted in its entirety and replaced as follows:

12.1 1 Neutralizing Device Required for Corrosive Wastes. Special wastes discharge shall be in conformance with City of Tolleson Utilities Department Pretreatment Program.

(m) The text of Section 903.1.1 Roof Extension Unprotected, is hereby amended by adding the following to the end of the section:

Open vent pipes that extend through a roof shall be terminated not less than 6 inches (153 mm) above the roof and not less than 12 inches (305mm) from any vertical surface.

(7)

The Fuel Gas Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(a) The text of Section 101.1 Title, is hereby deleted in its entirety and replaced as follows:

[A] 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Tolleson, hereinafter referred to as "this Code."

(b) The text of Section 105.5.4 Extensions, is hereby deleted in its entirety and replaced as follows:

[A] 105.5.4 Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application had been pursued in good faith or a permit has been issue; except that the building official is authorized to grant one extension of time for a period not to exceed 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

(c) The text of Section 108.2 Schedule of Permit Fees, is hereby deleted in its entirety and replaced as follows:

[A] 108.2 Fee Schedule. All fees shall be in accordance with City of Tolleson adopted fee schedule.

(d) The text of Section 108.6 Refunds, is hereby deleted in its entirety and replaced as follows:

[A] Section 108.6 Fee Refunds. The code official shall be permitted to authorize refunding of a fee paid hereunder which was erroneously paid or collected. The code official shall be permitted to 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 code official shall be permitted to authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The code official shall not be permitted to authorize refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of payment.

(e) The text of Section 112 (IFGC) Means of Appeals, is hereby deleted in its entirety and replaced as follows:

Section 112 (IFGC) Means of Appeals.

[A] 112.1 Means of Appeals. Decisions of the Chief Building Official shall be appealed to a hearing officer appointed by the City Manager. An application for an appeal of any order, decision or interpretation made by the Chief Building Official shall be filed in writing and shall be delivered to the Building Official within thirty (30) calendar days of the date of the order, decision or interpretation. The decision of the Chief Building Official may be reversed or modified by the hearing officer upon his/her finding that:

a. The decision of the Chief Building Official is not supported by a reasonable interpretation of the 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 Chief Building Official's decision will not create or manifest injustice or affect the intent of the city code.

c. The reversal of the Chief Building Official's decision will not be detrimental to the public health, safety and welfare.

[A] 112.2 Limitations of Authority. The hearing officer shall have no authority related to interpretation of the administrative provisions of the codes, nor shall the hearing officer be empowered to waive the requirements of the codes.

(f) The text of Section 201.4 Terms Not Defined, is hereby amended by adding the following to the end of the section:

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

(g) The text of Section 404.12 Minimum Burial Depth, is hereby deleted in its entirety and replaced as follows:

Section 404.12 Minimum Burial Depth. Underground piping systems shall be installed at a minimum depth of 12 inches (305mm) below grade for metal piping and 18 inches (457mm) for plastic piping.

(h) Section 404.12.1 Individual Outdoor Appliances, is hereby deleted in its entirety.

(8)

The International Energy Conservation Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(a) The text of Section R101.1 Title, is hereby deleted in its entirety and replaced as follows:

R101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Tolleson, hereinafter referred to as "this Code."

(b) The text of Section R101.2 Scope, is hereby amended by adding the following to the end of the section:

Group R-2 when defined as a Residential Building by Section R202, shall have the option of complying under the Commercial Provisions of the code, regardless of height. Once defined as such on the submittal documents, all components of the commercial provisions shall be followed.

(c) Section R102 Applicability, is hereby amended by adding the following section:

R102.1.2 RESNET Testing and Protocol. The Residential Energy Services Network (RESNET) Mortgage Industry National Home Energy Rating System Standards Protocol for third party testing and inspections shall be deemed to meet the requirements of sections R402.4.1.1, R402.4.1.2 and R403.2.2 and shall meet the following conditions.

1. Third Party Testing and Inspections shall be completed by a RESNET certified Rater or Field Rating Inspector and shall be subject to RESNET Quality Assurance Field Review procedures.

2. Sampling in accordance with Chapter 6 of the RESNET Standards shall be performed by Raters or Field Inspectors working under a RESNET Accredited Sampling Provider.

3. Third Party Testing is required for the following items:

a. R402.4.1.1—Building Envelope—Thermal Air Barrier Checklist

b. R402.4.1.2—Testing—Air Leakage Rate

c. R403.2.2—Sealing—Duct Tightness

4. The other requirements identified as "mandatory" in Chapter 4 shall be met.

5. Alternate testing and inspection programs and protocols shall be allowed when approved by the Code Official.

(d) The text of Section R106.2 Schedule of permit fees, is hereby deleted in its entirety and replaced as follows:

R106.2 Schedule of permit fees. All fees shall be in accordance with the City of Tolleson adopted fee schedule.

(e) The text of Section R106.6 Refunds, is hereby deleted in its entirety and replaced as follows:

R106.6 Fee Refunds. The code official shall be permitted to authorize refunding of a fee paid hereunder which was erroneously paid or collected. The code official shall be permitted to 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 code official shall be permitted to authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The code official shall not be permitted to authorize refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(f) The text of Section R109 Means of Appeals, is hereby deleted in its entirety and replaced as follows:

Section R109 Means of Appeals.

R109.1 Means of Appeals. Decisions of the Chief Building Official shall be appealed to a hearing officer appointed by the City Manager. An application for an appeal of any order, decision or interpretation made by the Chief Building Official shall be filed in writing and shall be delivered to the Building Official within thirty (30) calendar days of the date of the order, decision or interpretation. The decision of the Chief Building Official may be reversed or modified by the hearing officer upon his/her finding that:

a. The decision of the Chief Building Official is not supported by a reasonable interpretation of the 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 Chief Building Official's decision will not create or manifest injustice or affect the intent of the city code.

c. The reversal of the Chief Building Official's decision will not be detrimental to the public health, safety and welfare.

R109.2 Limitations of Authority. The hearing officer shall have no authority related to interpretation of the administrative provisions of the codes, nor shall the hearing officer be empowered to waive the requirements of the codes.

(g) The text of Section R201.4 Terms Not Defined, is hereby amended by adding the following to the end of the section:

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

(h) The text of R401.2 Application, is hereby deleted in its entirety and replaced as follows:

R401.2 Application. Commercial Buildings shall comply with one of the following:

6. The requirements of ANSI/ASHRAE/IESNA 90.1.

7. The requirements of Section R402 through R405. In addition, commercial buildings shall comply with Section C406 and tenant improvements shall comply with Section R406.1.1

8. The requirements of Sections R402.5, R403.2, R403.3 through R403.3.2, R403.4 through R403.4.2.3, R403.5.5, R403.7, R403.8.1 through R403.8.4, R403.10.1 through R403.10.3, R403.11 R403.12, R404, R405, and R407. The building energy cost shall be equal to or less than 85 percent of the standard reference design building.

9. Compliance with the provisions of Section R408 are optional.

(i) The Energy Rating Index Not Including OPP of 51 for Climate Zone 2 in Table R406.5 Maximum Energy Rating Index is deleted and replaced with 55.

(9)

The International Property Maintenance Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(A) The text of Section 101.1 Title, is hereby deleted in its entirety and replaced as follows:

[A] Section 101. Title. These regulations shall be known as the Property Maintenance Code of City of Tolleson, hereinafter referred to as "this Code."

(10)

The City of Tolleson Swimming Pool Program Procedures & Standard Details, as published by the City of Tolleson.

(11)

The International Fire Code, 2024 Edition, as published by the International Code Council, Inc., with amendments and exclusions as follows:

(A) The following appendices are hereby adopted by the City of Tolleson as part of the International Fire Code, 2024 Edition:

1. Appendix A: Board of Appeals

2. Appendix B: Fire-Flow Requirements for Buildings

3. Appendix C: Fire Hydrant Locations and Distribution

4. Appendix D: Fire Apparatus Access Roads;

5. Appendix E: Hazard Categories;

6. Appendix F: Hazard Ranking;

7. Appendix H: Hazardous Materials Management Plan (HMMP) And Hazardous Materials Inventory Statement (HMIS) Instructions;

8. Appendix I. Fire Protection Systems—Noncompliant Conditions;

9. Appendix J. Building Information Sign;

10. Appendix K: Construction Requirements for Existing Ambulatory Care Facilities;

11. Appendix L: Requirements for Fire Fighter Air Replenishment Systems;

12. Appendix N: Indoor Trade Shows and Exhibitions;

13. Appendix P: Regional Wireless Cooperative, Policies and Procedures

(B) The following appendices are excluded and not adopted in the Tolleson adoption of the International Fire Code, 2024 Edition:

1. Appendix G: Cryogenic Fluids—Weight and Volume Equivalents

2. Appendix M: High-Rise Buildings—Retroactive Automatic Sprinkler Requirement

3. Appendix O: Valet Trash and Recycling Collection in Group R-2 Occupancies

(C) The International Fire Code, 2024 Edition, as adopted by the City of Tolleson, is amended by adding and/or amending the language of the International Fire Code, 2024 Edition to read as follows:

The Fire Chief of the City of Tolleson, with input and assistance from Tolleson Building Officials, is authorized to adopt and enforce nationally recognized standards or requirements applicable in the City of Tolleson as a supplement to the currently adopted Fire Code for the City of Tolleson. The standards adopted may be updated from time to time as determined by the Fire Chief. In the event of any conflict or differences between the current Fire Code and the adopted standards, the provisions of the Fire Code shall apply.

Chapter 1 Scope and Administration

Section 101 Scope and General Requirements

101.1 Title. "City of Tolleson" is inserted as the name of jurisdiction.

101.2.1 Appendices. The following appendices are adopted by the City of Tolleson:

Section 109 Inspections

109.5 Special Inspections. The Fire Code Official is authorized to appoint qualified persons or agencies having special technical skills as special inspectors or plan reviewers and accept their inspection, plan review and evaluation of specialized fire protection equipment or systems.

Section 110 Maintenance

110.1.1 Maintenance of Safeguards shall be completed by "qualified individuals", who shall forward a report of inspection to the Fire Code Official upon completion. Fire system annual maintenance inspection reports shall be submitted through the web-based third-party reporting service, the compliance engine.

Section 113 Violations

113.4.2 Abatement of Environmental, Health, Fire or Life Safety Hazards by Fire Code Official. If any person fails to comply with the orders of the Fire Code Official, or if the Fire Code Official is unable to locate the owner, operator, occupant or other person responsible within a reasonable time, the Fire Code Official or any authorized representative may take such steps as are necessary to abate the hazard for the protection and safety of the public. In no event is notice necessary before abatement, when the hazard is a clear and present danger to the public welfare. All costs and attorney fees related to such abatement shall become a lien on the subject property.

Chapter 2 Definitions

Section 202 General Definitions

Authorized emergency vehicle is any of the following, per A.R.S. § 28101:

1. A fire department vehicle,

2. A police vehicle,

3. An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority, or any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.

Fire hazard: is anything or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operation of the fire department or the egress of occupants in the event of fire.

Fire risk analysis: an analytical process or review conducted by the fire code official in accordance with nationally recognized standards; such as NFPA 101; 101A; 550; 551; or 1142; ICC IUWIC; and iso evaluation criteria to determine minimum levels of fire protection requirements based upon the risk associated with the subject matter, where not specifically detailed in this Code or when an application requesting a reduction or modification to this Code is received.

The fire code official shall take into consideration fire scenarios and their probability of occurrence and or potential consequences. Items to consider in the fire risk analysis process or review may include; distances to fire stations; available fire apparatus and first responders; fire protection systems; wildland interface; building and occupancy types; hazardous materials; water supplies; and other pertinent information detailing the subject matter being considered for modification or reduction of fire code prescriptions.

Occupancy hazard classifications: critical hazard occupancies: those occupancies that have vital assets, systems, networks, or structures whose damage or destruction would have a debilitating effect on the community. This classification includes but is not limited to, the following:

• Power plants

• Water treatment facilities

• Public safety buildings

• Special facilities unique to the community

High hazard occupancies: this classification includes but is not limited to, the following:

• Schools

• Places of assembly

• Hospitals

• Nursing homes

• Adult care facilities

• Facilities that use, store or handle hazardous materials in quantities beyond what is customary for maintenance of the occupancy

• Facilities with flammable or combustible liquids, compressed gases, or explosive materials in reportable quantities

• Facilities with a large impact on the community if lost or interrupted by a fire or explosion

• High rise occupancies

Medium Hazard occupancies: this classification includes but is not limited to, the following:

• Residential care facilities

• Store, use or handle hazardous materials in less than reportable quantities or use, store or handle flammable or combustible liquids in less than reportable quantities

• Restaurants

Low hazard occupancies: this classification includes but is not limited to the following:

• Small business mercantile type occupancies

Qualified Person. One who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated to the AHJ his/her ability to solve or resolve problems relating to the subject matter, the work, or the project.

Chapter 5 Fire Service Features

503 Fire Apparatus Access Roads

503.1.1 Buildings and facilities approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (46 m) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. The Fire Code Official is authorized to increase the dimension to 350 feet (107 m) where any of the following conditions occur:

1.1 The building is equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

1.2 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.3 There are not more than two group R-3 or group U occupancies.

2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.

3. Facilities equipped with an automatic stand-pipe system in accordance with section 905.

503.1.2 Additional Access

503.1.2.1 Width. Temporary fire apparatus access roads shall be a minimum of 26 feet in width.

503.1.2.2 Surface. The access roadway surface is usable in all weather conditions. Temporary fire apparatus access roads shall be constructed as follows: minimum 6 inches of native soil compacted to 95% of standard proctor density (ASTM D698), and minimum 4 inches of aggregate base compacted to 100% of standard proctor density (ASTM D698). The surface of temporary fire apparatus access roads may differ from the above requirements if it is shown that the surface provided is sufficient to support an imposed live load of 75,000 pounds with a maximum axle load of 24,000 pounds.

503.1.2.3 Stabilization. Curbs are not required for temporary fire apparatus access roads.

503.2.1 Dimensions

Exception: the Fire Code Official shall have the authority to approve a decrease or increase in fire apparatus road width or vertical clearance.

503.6.1 Fire Department Access Limiting Gates. When required by the Fire Code Official, gates limiting access shall be required to provide emergency access controls for Fire Department Entry.

503.6.2 Gate Operations. Operation of the gate shall be by preemption device and key switch.

503.6.3 Permit Required. Gate access information and scale plans shall be submitted to the fire department for a permit.

503.6.4 Minimum Installation Standards. The installation of preemption devices shall comply with the following:

1. Traffic preemption opening device shall be on all motorized gates. Model to be used shall be specified by the fire department at time of installation.

2. Detectors shall be mounted 8 to 10 feet above grade.

3. Detectors shall be located a minimum of 18 inches behind the gate on the property side.

4. Detectors shall be mounted on a separate 4-inch by 4—inch metal post and not on the guidepost. The metal post shall be secured in concrete with a minimum of 18 inches below grade.

5. Detectors shall activate at a minimum of 150 feet from the gate.

6. Detectors shall point toward both the approach and the exit path of the emergency vehicle.

7. The sight path of the detector shall be free of visual obstructions such as signs, covered parking, canopies and vegetation.

8. Individual detectors shall be mounted together with the power module in a dual detector mounting box. Detectors shall be approved by the fire department. A list of approved devices will be maintained by the fire department and available to the public.

503.6.5 Gate Access Roadways. The gates shall be designed so that the access roadway or turning radius (WB50) shall not be obstructed by the operation of the gate. Minimum set back from the public streets shall be a distance determined by the City Engineer and allow the emergency vehicle the ability to safely operate the lock box or panel. Turning radius from the public street shall be WB50.

503.6.6 Keyed Access. The lock box, padlock or key switch, must be an approved model utilized by the Tolleson Fire Department.

503.6.7 Access Controls. Access controls shall be exterior to the gate and located for activation by the vehicle operator without dismounting from the vehicle. The height of the lock box/control panel shall be sixty (60) inches to sixty six (66) inches, measured from the finished grade line of the street.

503.6.8 Access Signage. The control pedestal must be identified with a minimum six (6) inch by ten (10) inch sign with white reflective letters on a red background. This sign must be securely fastened to the pedestal and legible from the approaching vehicle, and read: EMERGENCY FIRE DEPARTMENT ACCESS.

503.6.9 Gate Operation. Gates must fully open within fifteen (15) seconds of activation and remain in the open position for thirty (30) minutes or until closed by the Fire Department.

503.6.10 Fail Safe Operation. Battery back-up for all motorized gates is required, unless the gate fails safe (open) in the event of a power failure.

Section 507 Fire Protection Water Supplies

507.5.2 Inspection, Testing and Maintenance

507.5.2.1 High Pressure Hydrants. When the water supply pressures exceed 150 psi, the fire hydrants shall be marked with a white ring with black lettering that states high pressure hydrant 150 + psi on the 4" connection.

Section 510 Emergency Responder Communications Enhancement Systems

510.1 Emergency Responder Communications Enhancement Systems In New Buildings

510.1.1 Regional Wireless Cooperative. In addition to the requirements of Section 510, compliance with Appendix "P" is required.

510.2 Emergency Responder Communications Enhancement System in Existing Buildings

510.2.1 Regional Wireless Cooperative. In addition to the requirements of Section 510, compliance with Appendix "P" is required.

Chapter 6 Building Services and Systems

Section 608 Mechanical Refrigeration

608.1.2 Ammonia Refrigeration. Refrigeration systems using ammonia refrigerant and the buildings in which such systems are installed shall comply with the most current iiar standards.

608.7.1 Periodic Testing

608.7.1.1 Mechanical Integrity Audit. A copy of the Mechanical Integrity Audit, including a timeline for the correction of deficiencies, shall be submitted to the Fire Code Official after each audit is completed.

608.9 Refrigerant Detection. For refrigerants other than ammonia, refrigerant detection shall comply with Section 608.9.1. Every ammonia refrigeration system in the City of Tolleson, regardless of size, shall have a refrigerant detection system in the machinery room and climate-controlled areas, with an audible and visible alarm that is monitored by a third party who will report an emergency to the fire department. On-site, remote display(s) of ammonia detection shall be provided outside a potential initial isolation zone, with location(s) and access approved by the Fire Code Official.

Chapter 9 Fire Protection and Life Safety Systems

Section 912 Fire Department Connections

912.2 Location. With respect to hydrants, driveways, buildings and landscaping, Fire Department connections shall be so located that fire apparatus and hoses connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be not more than 100 feet from the closest in-service fire hydrant, or as approved by the Fire Code Official.

Chapter 12 Energy Systems

Section 1201 General

1201.4 Recognized Standard. The City of Tolleson will enforce the latest edition of UL 9540 and NFPA 855, standard for the installation of stationary energy storage systems. Other standards may be required as needed by the Fire Code Official.

Section 1207 Electrical Energy Storage Systems (ESS)

1207.11.1 Equipment Listings. ESS shall be listed and labeled in accordance with UL 9540. ESS listed and labeled solely for utility or commercial use shall not be used for residential applications.

1207.11.8 Ventilation.

1207.11.8.1 Toxic and highly Toxic Gas. Energy storage systems that have the potential to release toxic or highly toxic gas during charging, discharging and normal use conditions shall not be installed within group R-3 or R-4 occupancies.

Chapter 50 Hazardous Materials—General Provisions

Section 5001 General

5001.5.1 hazardous materials management plan. Where required by the fire code official, each application for a permit shall include a hazardous materials management plan (HMMP). The HMMP shall include a facility site plan and include the information set forth below. HMMP shall be submitted annually or more often if the hazardous material amounts change by greater than 10% in any single category or overall. HMMP shall be submitted electronically in a format acceptable to the Tolleson Fire Department. The submittal shall be required to determine Fire Code permitting criteria for storage, use, and/or handling of hazardous materials within the City of Tolleson. Any electronic submittal is acceptable as long as the data will import or interface with the software program currently being used by the fire department. Electronic reporting shall be required for all new and existing facilities upon permit renewal.

1. Storage and use areas.

2. Maximum amount of each material stored or used in each area.

3. Range of container sizes.

4. Locations of emergency isolation and mitigation valves and devices.

5. Product conveying piping containing liquids or gases, other than utility-owned fuel gas lines and low-pressure fuel gas lines.

6. On and off positions of valves for valves that are of the self-indicating type.

7. Storage plan showing the intended storage arrangement, including the location and dimensions of aisles.

8. The location and type of emergency equipment. The plans shall be legible and drawn approximately to scale. Separate distribution systems are allowed to be shown on separate pages.

9. Emergency exits.

5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include an HMIS, such as SARA (Superfund Amendments and Reauthorization Act of 1986) Title III, Tier II report, or other approved statement. The HMIS shall include the information set forth below. A HMIS shall be submitted annually or more often if the hazardous material amounts change by greater than 10% in any single category or overall. HMIS shall be submitted electronically in a format acceptable to the Tolleson Fire Department. The submittal shall be required to determine Fire Code permitting criteria for storage, use, and/or handling of hazardous materials within the City of Tolleson. Any electronic submittal is acceptable as long as the data will import or interface with the software program currently being used by the fire department. Electronic reporting shall be required for all new and existing facilities upon permit renewal.

1. Manufacturer's name.

2. Chemical name, trade names, hazardous ingredients.

3. Hazard classification.

4. SDS or equivalent.

5. United Nations (UN), North America (NA) or the Chemical Abstract Service (CAS) identification number.

6. Maximum quantity stored or used on site at one time.

7. Storage conditions related to the storage type, temperature and pressure.

8. Location where stored or used.

Chapter 57 Flammable and Combustible Liquids

Section 5704 Storage.

5704.2.13.1.4 Tanks Abandoned in Place. The abandonment of tanks in place shall be prohibited within the entire City of Tolleson.

(Ord. 620 N.S., § 1, passed 5-13-2025; Am. Ord. 625 N.S., § 1(Exh. A), passed 6-24-2025)

Editor's note— Ord. 620 N.S., § 1, passed May, 13, 2025, repealed § 12-1-20 and enacted a new § 12-1-20 as set out herein. Former § 12-1-20 pertained to similar subject matter and derived from Ord. 269, N.S., passed 3-10-1987; Ord. 406, N.S., passed 10-14-2003; Ord. 419, N.S.; Ord. 424, N.S., passed 3-8-2005; Ord. 449, N.S., passed 2-13-2007; Ord. 463, passed 10-23-2007; Ord. 485, N.S., passed 4-14-2009; Ord. 548, N.S., passed 12-9-2014; Ord. 586, N.S., passed 8-27-2019; and Ord. 611, N.S., § 1(Exh. A), passed 11-12-2024.

Whenever a building permit is issued and a building inspection performed, the building must conform to the provisions of the zoning code of Tolleson in addition to the provisions of this article.

The building codes are hereby adopted by reference as if set forth herein in full and made a part and parcel of this section for controlling the installing, construction, remodeling, alteration, repair and conversion of buildings within the corporate limits of the City of Tolleson, and it is hereby declared to be unlawful to construct, erect, install, alter, repair, change, move, remove, maintain or use any house, building or structure in the City of Tolleson, or cause or permit the same to be done, contrary to or in violation of the building codes as herewith adopted by the Council of the City of Tolleson.

(Ord. 449, N.S., passed 2-13-2007)

(A)

Relating to inspections and enforcement of codes. As relating to inspections and enforcement of the Tolleson building, housing, fire, plumbing, electrical and life safety codes and inspections.

(1)

General.

(a)

Any person violating the provisions of the Tolleson zoning code and building codes shall be subject to the civil and criminal penalties described in division (A)(6).

(b)

The owners, occupants, and authorized agents of property in violation of any provision of the zoning code or the building codes may be held individually and jointly responsible for the violation, the prescribed civil and criminal penalties for the violation and for abating the violation.

(c)

Each day a violation of the zoning code and/or building codes continues shall constitute a separate civil or criminal offense unless the violation involves a billboard, as defined by the Tolleson zoning code, in which case the provisions of A.R.S. § 9-462.02, as amended, shall apply.

(d)

The procedures and remedies provided in this section shall be cumulative and in addition to any other procedures and remedies to which the city may otherwise be entitled by law.

(e)

Any violation of the Tolleson zoning code and building codes is declared to be a public nuisance, and instead of, or in addition to, any civil or criminal enforcement measure authorized by this section, may be enjoined or restrained by the city as other nuisances are abated under authority of the city code and applicable state law.

(2)

Evidence of identity; penalty for failure to provide. A person who fails or refuses to provide evidence of his or her identity to a duly authorized agent of the city upon request, when the agent has reasonable cause to believe the person has committed a violation of the city zoning code and/or building codes, is guilty of a class 1 misdemeanor. Evidence of identity shall consist of a person's full name, residence address, and date of birth.

(3)

Notice of violation.

(a)

Upon the city receiving or obtaining notice of a violation of the city's zoning code and/or building codes, the city shall issue a written notice of violation to the property owner, occupant, or authorized agent for the property.

(b)

A notice of violation may be issued by the Zoning Administrator, the Chief Building Official, or authorized designee of Chief Building Official or Fire Chief.

(c)

The notice of violation shall set forth the nature of the violation, the action required to bring the property into compliance with the applicable ordinance or code, the time period provided to bring the property into compliance, and the person at the city to contact for further information.

(d)

The time period provided for voluntary compliance shall be as follows.

1.

Temporary signs and displays: Immediate compliance.

2.

Unsafe signs: One calendar day (subject to division (A)(3)(g) below).

3.

Temporary uses: Two calendar days.

4.

Landscaping: Thirty calendar days.

5.

All other violations: Ten calendar days.

(e)

The time period for compliance may be extended if the official issuing the notice of violation determines that the owner, occupant, or agent for the property is making reasonable progress toward compliance. The Chief Building Official shall make all extensions in writing.

(f)

Failure of the property owner, occupant, or authorized agent of the property owner to receive a notice of violation shall not preclude the subsequent issuance of a civil citation or criminal complaint, as applicable.

(g)

Nothing in this section shall prevent the city from taking immediate action to protect the public from an imminent hazard to health or safety as otherwise provided by law.

(4)

Civil citations.

(a)

Unless otherwise designated as a criminal offense in this section, if a violation continues past the time set forth in the notice of violation, a civil citation may be issued to the person responsible for the violation.

(b)

A civil citation may be issued by a police officer or the Chief Building Official.

(c)

The citation shall include the date of the violation, the location of the property, and reference to the section(s) of the zoning code and/or building code violated.

(d)

The citation shall direct the defendant to pay the fine imposed pursuant to division (A)(6) of this section or appear in Municipal Court within ten days of the issuance of the citation.

(e)

The citation shall provide notice that if the defendant fails to pay the fine or appear in Municipal Court as directed a default judgment will be entered in the amount of the fine designated on the citation for the violation. In addition, a default fee may be imposed for failure to appear as set forth in division (A)(6) of this section.

(f)

Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:

1.

Hand delivering the citation to the defendant;

2.

Mailing a copy of the citation by certified or registered mail, return receipt requested, to the defendant's last known address; and

3.

Any means allowed for service of process by the Arizona Rules of Civil Procedure for the Superior Court.

(5)

Civil procedure.

(a)

The defendant shall, within ten days of the issuance of the citation, either pay the fine indicated on the citation or appear in Municipal Court to admit or deny the allegations contained in the citation.

1.

The defendant may pay the fine in person or by mailing the citation with a check for the amount of the fine to the Tolleson City Court. By paying the fine, the defendant admits the violation described in the citation and accepts responsibility for the offense.

2.

The defendant may appear in person or through an attorney in the City Court and either admit or deny the allegations contained in the citation. If the defendant admits the allegations, the Court shall immediately enter a judgment against the defendant in the amount of the fine for the violation charged. If the defendant denies the allegations contained in the citation, the Court shall set a hearing date for trial of the matter.

(b)

If the defendant fails to pay the fine or appear in the City Court as directed by the citation, the Court shall enter a default judgment and impose the fine and default fee required by division (A)(6) of this section.

(c)

If the defendant fails to appear at the time and place set for trial by the Court, the Court shall enter a default judgment and impose the fine and default fee required by division (A)(6) of this section.

(d)

The Arizona Rules of Procedure in Civil Traffic Violation Cases shall be followed by the Tolleson City Court for civil violations of this section, except as modified or where inconsistent with the provisions of this section, local rules of the City Court or rules of the Arizona Supreme Court.

(6)

Civil penalties.

(a)

Any person that violates any provision of the zoning code and/or building codes shall be subject to a civil penalty of a minimum of $250 base fine, up to a maximum of $2,500 for the first violation, a minimum of $300 base fine, up to a maximum of $2,500 for a second violation, and a minimum of $350 base fine, up to a maximum of $2,500 for a third violation in any 24-month period. The dates of the offenses are the determining factor for calculating the 24-month period.

(b)

The civil fine required by this division shall not be suspended in whole or in part.

(c)

Any defendant that fails to pay the fine or appear in the City Court as directed by a citation issued pursuant to this section, or who fails to appear at the time and place set for trial of a matter arising under this section, shall be subject to an additional default fee equal to the applicable minimum civil penalty for the violation that caused the issuance of the citation.

(d)

Any judgments issued by the Tolleson City Court shall be subject to all surcharges and fees imposed by state law in addition to the civil fines required by this section.

(e)

Judgments shall be collected in the same manner as any other civil judgment as provided by law.

(7)

Habitual offenders.

(a)

A person found to be responsible for three or more civil violations of the zoning code and/or building codes within any 24-month period shall be deemed to be a habitual offender. Responsibility may be determined by admission, by default judgment or by judgment after hearing. The dates of the offenses are the determining factor for calculating the 24-month period.

(b)

A habitual offender who violates the provisions of this section shall be guilty of a criminal offense and subject to the penalties set forth in division (A)(10) below for each violation in excess of three civil violations within a 24-month period or any criminal violation under this section.

(8)

Criminal complaints. The Chief of Police at the request of the Chief Building Official may seek the issuance of a complaint by the Tolleson City Prosecutor for criminal prosecution of a habitual offender or any person who commits a criminal offense as set forth in this section.

(9)

Criminal procedure. Every criminal action and proceeding under this section shall be commenced and prosecuted in accordance with the laws of the State of Arizona relating to misdemeanors and the Arizona Rules of Criminal Procedure.

(10)

Criminal penalties.

(a)

Upon conviction of a person for a criminal offense, including the habitual offender provisions set forth above, the Court may impose any combination of the following.

1.

A sentence of incarceration not to exceed six months in jail.

2.

A base fine not to exceed $2,500, exclusive of penalty assessments prescribed by law.

3.

A term of probation.

(b)

Notwithstanding the elective penalty above, upon conviction of a habitual offender, the Court shall impose a base fine of not less than $750 for each count upon which a conviction is obtained. A judge shall not grant probation to a habitual offender, or suspend any part of a sentence or fine imposed upon a habitual offender, except on the condition that the habitual offender pays the mandatory minimum fines as provided in this section.

(Ord. 449, N.S., passed 2-13-2007; Am. Ord. 485, N.S., passed 4-14-2009)

(A)

Any individual, partnership, firm or corporation desiring to construct, erect or move any residential building or mobile home or associated outbuilding where the building or mobile home contains more than 120 square feet and unattached to any structure, or desiring to enlarge or substantially modify any residential building or mobile home where the work will involve an area of more than 120 square feet and unattached to any structure, shall first make application for a building permit to the Building Official and shall not commence any construction without first obtaining a building permit from the city.

(B)

Any individual, firm or corporation desiring to construct any additions to an existing structure regardless of the size of the addition or structure shall first make application to the Building Official for a building permit and shall not undertake any construction, enlargement or movement without first obtaining a building permit from the city.

(C)

Any individual, firm or corporation desiring to erect, construction, enlarge, move or substantially modify any commercial, industrial, quasi-public or public building or structure shall first make application to the Building Official for a separate building permit for each building or structure and shall not undertake any construction, enlargement or movement without first obtaining a building permit from the city.

(D)

All applications for a building permit shall be accompanied by plans which have been drawn to scale and which show the actual dimensions of the lot to be built upon, the size and location of existing buildings, if any, the building to be erected, enlarged, modified or moved, the location and layout of the structures with respect to front, rear and side property lines, and the location and layout of proposed off-street parking areas. Plans submitted for new construction or enlargement shall provide sufficient details of proposed structural features, and electrical, plumbing, and mechanical installations to permit evaluation of their adequacy by the Building Official.

(E)

The term SUBSTANTIALLY MODIFY means the installation or removal of any interior or exterior wall or the addition or replacement of an amount of electrical wiring or plumbing equal to 25% or more of the installation in the modified building or structure.

(F)

When a building permit is issued for a structure on a lot that is not on a dedicated street or which is not served by a sewer system, a statement to that effect will be placed on the building permit before issuance.

The Council may, from time to time, by resolution adopt, in accordance with law, including A.R.S. § 9-499.15, as amended, a schedule of fees for services provided by the city in connection with the issuance and inspection of all building permits.

(Am. Ord. 610, N.S., § 4, passed 8-27-2024)

The Council may, from time to time, by resolution or ordinance establish the method of building valuation to be used in connection with determining the amount of building permit fees.

All buildings on lots facing north or west shall bear odd numbers and all buildings on lots facing south or east shall bear even numbers.

The east, west numbering for the city shall follow the plan used in the City of Phoenix.

(A)

Numbering on avenues running north and south shall start at Washington, in the first block bearing numbers from one to ninety-nine, and the second block with numbering in the one hundreds and each successive block in the next one hundred.

(B)

Numbering on buildings on lots facing north or south in block one, two, three, four, nine, ten, eleven, twelve, City of Tolleson, and the south one-half of block one, Baden Subdivision, and the south one-half of block one and two Isabell Addition, shall be numbered in consecutively odd or even numbers as provided heretofore in their respective blocks for every 25 foot lot or the nearest fraction thereof.

(C)

Numbering on buildings on lots in all other blocks of the city shall be numbered consecutively by odd or even numbers as theretofore provided for each 50 foot lot or part of a lot or the nearest fraction thereof.

When more than one building to be numbered occupies a lot and both are facing the street, the second building shall be designated by the same number as the first with the addition of the figure one-half. Where the second building occupies the rear of the lot, it shall be known by the same numbering as the front building with the additional designation, rear. Where more than two buildings occupy a lot bearing one number, they shall bear that number plus the addition of the letters A, B, C and the like, in the same number as there are buildings.

All buildings shall be plainly marked with the proper numbers for that lot in figures not less than three inches high, placed within ten feet of the front entrance of the building and at least five feet above ground level. The numerals shall be in a position as to be clearly seen from the street immediately in front of the building.

For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BENEFITTED PROPERTY. Any lot, parcel or other area of real property, designated by the city pursuant to § 12-1-73, as utilizing or benefitting from a special public improvement.

COST. The actual cost of:

(1)

Right-of-way or easement acquisition;

(2)

Construction, acquisition or installation of the special public improvements, as determined by the contract price or by the actual costs;

(3)

Inspection, testing and permit fees;

(4)

Engineering and design fees related to the special public improvements;

(5)

Five percent city administrative charge; and

(6)

Other incidental fees, expenses and charges, including, but not limited to, capitalized interest required to complete or finance the special public improvements.

OWNER. The person or entity owning benefitted property utilizing or requesting to utilize the special public improvements.

PAYBACK CHARGE. The amount of money the owner of benefitted property shall pay to the city as the benefitted property's share of the cost of previously constructed or installed special public improvements.

SPECIAL PUBLIC IMPROVEMENTS. Any and all public improvements, including, but not limited to, streets, drainage, water or sewer improvements or facilities financed by bonds or other indebtedness, including assessment bonds, of the city or a community facilities district.

This article intends to provide for the collection of payback charges from owners of benefitted property.

Upon construction or installation of special public improvements, the cost of which was paid by bonds or other indebtedness of the city or a community facilities district, including assessment bonds, the city may impose and collect a payback charge pursuant to the terms of § 12-1-73.

(A)

When an existing special public improvement is to provide service or benefit to benefitted property which owner or predecessor in title to the owner of the benefitted property did not pay any portion of the cost of the special public improvement, or any part of the debt service of any bonds or indebtedness issued to finance the special public improvement, the city may impose on the benefitted property a payback charge. The payback charge shall equal the benefitted property's pro rata share of the cost of the special public improvement as determined by the city pursuant to division (C) below. The required payback charge shall be paid to and collected by the city prior to the connection to the special public improvement, the rezoning of the benefitted property, or the issuance of any permit related to the benefitted property, including but not limited to a building permit. No person shall extend service from the special public improvement to the benefitted property for which a payback charge has been identified, but has not been paid to the city without written approval of the city.

(B)

The city may collect payback charges for any special public improvements financed by bonds or other indebtedness, including assessment bonds of the city of a community facilities district for a period of time commencing with the installation of the special public improvement and ending not more than 15 years after the installation date. Any owner of benefitted property who has paid its pro rata share of the cost of the special public improvement or has paid or is paying its pro rata share of the debt service charges of any bonds or indebtedness, the proceeds of which were used to finance special public improvements, shall not be required to pay a payback charge and shall have no claim to any payback charges paid to the city pursuant to this article.

(C)

The City Manager shall determine what real property is benefitted by a special public improvement and shall calculate the amount of the payback charges. The benefitted property and the amount of the payback charges shall be determined by, first, determining the total area that is benefitted by the special public improvement in a manner more than a general public benefit and second, allocating the total cost of the special public improvement to the benefitted area in an equitable manner. The City Manager may retain the services of an engineer to assist in the calculations required by this division. The determination of the area benefitted and the allocation of the cost may utilize the methodologies utilized in levying assessments pursuant to A.R.S. §§ 48-571 et seq. and amendments thereto.

For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMUNICATION LINES. Any line that provides one or two-way transmissions by whatever means conveyed over lines in the public right-of-way including, but not limited to, transmissions of voice, video or data or anything of similar nature by which thought, idea or information is intended to be conveyed.

DEVELOPER. Any individual, firm, corporation, partnership, association, syndication, trust, governmental agency or other legal entity that is responsible for the development or redevelopment of land that creates any demand for any utility service or causes alteration of existing utility services.

DEVELOPMENT/REDEVELOPMENT. Either initial construction on previously vacant land, or the cumulative expansion (since effective date of this subarticle) of greater than 25% of the building floor area existing or approved at the time of effective date of this subarticle, or the cumulative alteration (since effective date of this subarticle) at a cost exceeding 50% of the current estimated fair market value of the structure.

EXISTING UTILITY POLES AND LINES. The poles, wires, aerial cables and any other related facilities that are in place and in operation as of the effective date of this subarticle.

NEW UTILITY POLES AND LINES. The poles, wires, aerial cables and other related facilities that are not in place and in operation as of the effective date of this subarticle.

OFF-SITE. Public and private easements and street rights-of-way within the development and adjacent to the development.

ON-SITE. The individual lots, parcels, tracts and the like of the development.

POWER LINE EXTENSIONS. Those primary distribution lines that are to be extended through a developed or undeveloped area.

PRIMARY DISTRIBUTION LINE. An electric line used for electrical distribution or electrical feeder, single-phase or three-phase, having a voltage rating of 12,500 volts or less.

SECONDARY AND SERVICE LINES. Utility lines that provide electrical and communications service to commercial, industrial, residential and public use areas.

TRANSMISSION LINE. An electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points, having a voltage rating greater than 12,500 volts, including multi-functional static ground wire.

UNDERGROUND (UNDERGROUNDING). The placement of utility lines below ground, with the removal of above ground poles, wires and structures as applicable.

UTILITY COMPANY. Companies, corporations, and municipalities that undertake distribution and transmission of electricity, telephone, telegraph, radio, television or telecommunications, or any other communications over communication lines.

UTILITY POLES AND LINES. The poles, structures, wires, aerial cables and related facilities used in the distribution of electricity or communication lines.

(Ord. 408, N.S., passed 8-12-2003)

New or relocated overhead lines or utility poles shall not be installed unless a utility permit is granted by the City Engineer.

(Ord. 408, N.S., passed 8-12-2003)

(A)

All new or existing utility lines, other than transmission lines, shall be placed underground in conjunction with a development/redevelopment project that has been submitted for approval under the provision of the Tolleson City Code, Revised. This requirement shall also apply to primary distribution lines and all communication lines, including underbuild on transmission poles, except for communication lines installed on transmission poles in the static neutral position. The required undergrounding shall be completed prior to approval and occupancy of the project.

(B)

The (re)developer or owner of a (re)development project shall be responsible to make necessary arrangements with the affected utility companies for the installation of required underground facilities, including arrangements for the payment of any cost, as one of the conditions of plan approval. Nothing contained herein is intended to obligate a providing utility company to install underground facilities without reimbursement except where the utility company is acting as a (re)developer.

(C)

In those instances where poles to be removed include street lights, the street lights will be replaced with freestanding poles and luminaries by the (re)developer in accordance with the approved street light standards or agreements of the serving utility.

(D)

The undergrounding requirement shall also apply to all situations where utility companies plan a system upgrade of power or communication line extensions that result in more conductors or wires on a pole. Individual pole mounted equipment shall not be considered an upgrade, such as transformers, switches, splice cases and capacitor banks. The cost for this undergrounding is to be borne by the affected utility company. All new electrical and communication lines requiring a right-of-way permit, other than electrical transmission lines, shall be placed underground. New communication lines, including upgraded replacement lines, will not be allowed to be underbuilt on existing utility poles except for lines installed in the static neutral position.

(E)

The undergrounding requirement shall apply to all situations where a governmental agency is acting as a (re)developer or has initiated a construction effort that requires the relocation of existing overhead utility lines. Nothing contained herein is intended to obligate a providing utility company to install the underground facilities without reimbursement from the governmental agency for any costs in excess of those not already the obligation of the utility company.

(F)

Where utility lines are required to be placed underground due to a combination of needs generated by (re)development, utility system upgrade, and governmental improvement projects, there shall be an equitable sharing of the cost of that undergrounding effort.

(G)

The undergrounding requirement shall not apply to the normal maintenance and repair of existing utility poles and lines. Temporary overhead line installations used to facilitate construction projects, maintenance activities or emergency restoration of power and communications will be allowed subject to approval of the City Engineer.

(H)

The undergrounding requirements shall apply regardless of the existence of easements for overhead lines.

(I)

Equipment appurtenant to the underground facilities, such as surface-mounted transformers, pull boxes, pedestal cabinets, service terminals, telephone splice closures, concealed ducts or other similar on-the-ground facilities normally used with or as part of an underground utility system, may be maintained above ground. The city maintains the right to approve the location and appearance of all surface-mounted communication equipment.

(J)

The undergrounding requirements of this article shall not apply to electrical transmission lines.

(Ord. 408, N.S., passed 8-12-2003)

(A)

(1) Deferment of undergrounding off-site lines may be requested from the City Engineer for a (re)development with small frontage, where the cost is substantially more per unit length than it would otherwise be if a longer length (usually a minimum of 660 feet), including the (re)development frontage, were being undergrounded at the same time.

(2)

At all times, on-site lines shall be placed underground.

(B)

A request for deferment shall be requested in writing to the City Engineer and include the following.

(1)

The (re)developer shall procure from the appropriate utility companies a reliable estimate of the current cost for undergrounding what is required along the (re)development frontage, including new and existing lines in the adjacent off-site frontage.

(2)

The (re)developer shall procure from the appropriate utility companies a reliable estimate of the current cost for undergrounding a longer, more practical length that includes the (re)development frontage, usually a minimum of 660 feet.

(3)

If the project involves improvements in the public right-of-way (bike paths, sidewalks, landscaping and the like) and deferment of undergrounding will involve costs of future restoration of those improvements, the (re)developer shall furnish a reliable estimate of the future restoration costs in current dollars.

(C)

In reviewing a request for deferment, the City Engineer shall consider the costs of installing overhead utilities, the cost of undergrounding the utilities, and the status of development in the area affected by the request.

(D)

If deferment is authorized by the City Engineer, the (re)developer shall deposit with the city a sum sufficient to cover all deferred construction required herein. Monies received shall be used by the city for undergrounding utilities associated with (re)developments within the city boundaries.

(E)

(1) Utility companies may request deferment of undergrounding for power line extensions through undeveloped areas. The request with justification shall be submitted to the City Engineer.

(2)

No deferred compensation fees will be required for this type of deferment.

(F)

If deferment is denied by the City Engineer, the (re)developer or utility company may appeal the Engineer's decision to the City Council.

(G)

If deferment is approved by the City Engineer, an interested party who is affected by the decision may appeal the decision to the City Council.

(Ord. 408, N.S., passed 8-12-2003)

(A)

The requirement for undergrounding may be waived for the following reasons:

(1)

When the (re)developer or utility company can show that the costs are extraordinarily disproportionate to the costs for the proposed (re)development;

(2)

New utility poles and wires erected for purely temporary purposes, such as providing temporary building construction power, emergency power, telephone service or the furnishing of power to temporary outdoor activities. A permit for the temporary use shall be obtained from the city. The length of the temporary use shall be specified in the permit and may not exceed 12 months. An additional six-month permit may be issued upon a finding of necessity by the city;

(3)

Poles or luminaries, but not wires or other conduits, used exclusively for street lighting; and

(4)

When the (re)developer or utility company can demonstrate that all other utility lines in the same easement and running parallel to the electrical line in question are above ground.

(B)

Requests for a waiver to the undergrounding requirements shall be submitted, in writing, to the City Engineer.

(C)

In reviewing a request for waiver, the City Engineer shall consider the cost of installing overhead utilities, the costs of undergrounding the utilities, and the status of development in the area of the request.

(D)

If a waiver is denied by the City Engineer, the (re)developer may appeal the Engineer's decision to the City Council. The Council's decision is final.

(E)

If a waiver is approved by the City Engineer, an interested party who is affected by the decision may appeal the decision to the City Council.

(Ord. 408, N.S., passed 8-12-2003)

The City Council may waive portions or all of this subarticle when a developer, utility company or governmental agency presents an alternate plan for undergrounding lines which provides greater public benefit than would be accomplished by a strict application of this subarticle.

(Ord. 408, N.S., passed 8-12-2003)

Any person, firm or corporation who shall violate any of the provisions of §§ 12-1-90 through 12-1-95 shall be guilty of a class 1 misdemeanor. Each day of violation which is continued shall be a separate offense punishable as herein above described.

(Ord. 408, N.S., passed 8-12-2003)

This subarticle sets forth the requirements for the control of pollutants that are or may be discharged to the City of Tolleson Public Storm Drain System. The purpose of this subarticle is to enable the city to comply with all applicable state and federal laws related to storm water management, including but not limited to, the Clean Water Act (33 U.S.C. §§ 1251 et seq.) the National Pollutant Discharge Elimination System Regulations (40 C.F.R. Part 122), and the city's Arizona Pollutant Discharge Elimination System (AZPDES) Permit (Arizona Administrative Code R18-9-A902).

(Ord. 453, N.S., passed 3-27-2007)

For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ). The state agency charged with enforcement of environmental laws and regulations.

ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM (AZPDES) STORM WATER PERMIT. A permit issued by ADEQ which authorizes the discharge of storm water pursuant to Arizona Administrative Code R18-9-A902, which incorporates 40 C.F.R. § 122.32.

BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPS also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from outdoor storage areas.

CLEAN WATER ACT. The Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq.

DIRECTOR. The Public Works Director.

DISCHARGE. Any spilling, leaking, pumping, pouring, emitting, emptying, injecting, placing, releasing, leaching, dumping, or disposing into or on any land in a manner that may cause pollution.

ENVIRONMENTAL PROTECTION AGENCY (EPA). The federal agency charged with enforcement of environmental laws and regulations.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PERMIT. A permit issued by EPA which authorizes the discharge of storm water pursuant to the Clean Water Act § 402 (33 U.S.C. § 1342).

NOTICE OF INTENT (NOI). A form submitted to ADEQ notifying of person's intent to be covered under a separate AZPDES storm water permit, as required by federal and state law.

PERSON. Any individual, partnership, co-partnership, firm, company, corporation, limited liability company, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns.

POLLUTANT. Shall have the same meaning as defined in 40 C.F.R. § 122.2, and includes but is not limited to any solid, liquid, gas, or other substance that can alter the physical or chemical properties of water including, but not limited to fertilizers, solvents, sludge, petroleum and petroleum products, solid waste, garbage, biological materials, radioactive materials, sand, dirt, animal waste, acids, and bases.

PREMISES. Any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

PUBLIC STORM DRAIN SYSTEM. All or any part of the publicly-owned and maintained roads, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, and dry wells located within public easements, right-of-way, parks, common areas, retention areas, or other publicly-owned or maintained real property designed or used for collecting, holding, or conveying storm water.

STORM WATER. Storm water runoff, surface runoff and drainage.

(Ord. 453, N.S., passed 3-27-2007)

The Director of Public Works is delegated the authority to exercise the powers and perform the duties set forth in this subarticle and to administer and enforce provisions of this subarticle. The Director of Public Works may designate other employees to exercise the powers and perform the duties, as the Director deems appropriate.

(Ord. 453, N.S., passed 3-27-2007)

(A)

Unless expressly authorized or exempted by this subarticle, no person shall cause or allow the discharge to a public right-of-way or public storm drain system of any substance that is not composed entirely of storm water.

(B)

Unless expressly authorized or exempted by this subarticle, no person shall use, store, spill, dump, or dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to storm water.

(C)

Exemptions. The following discharges are exempt from the prohibitions set forth in divisions (A) and (B) of this section:

(1)

Discharges authorized by a separate NPDES or AZPDES permit;

(2)

The following categories of non-storm water discharges are permissible unless otherwise prohibited under divisions (C)(3), (C)(4) or (C)(5):

(a)

Water line flushing;

(b)

Landscaping irrigation;

(c)

Diverted stream flows;

(d)

Rising groundwaters;

(e)

Uncontaminated groundwater infiltration as defined in 40 C.F.R. § 35.2005(20);

(f)

Uncontaminated pumped groundwater;

(g)

Discharges from potable water sources;

(h)

Foundation drains;

(i)

Air conditioning condensation;

(j)

Irrigation water;

(k)

Springs;

(l)

Water from crawl space pumps;

(m)

Footing drains;

(n)

Lawn watering;

(o)

Individual residential car washing;

(p)

Flows from riparian habitats and wetlands;

(q)

Dechlorinated swimming pool discharges;

(r)

Street wash water;

(s)

Discharges from emergency fire fighting activity;

(t)

Dust control watering; or

(u)

Any other activity that the Director identifies is not a significant contributor of pollutants during the city's AZPDES storm water permit term. (40 C.F.R. § 122.34(b)(3)(iii)).

(3)

No person shall discharge to the public storm drain system any exempted discharge under this section if the Director or assigned designee identifies and provides written notice to the person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or groundwater.

(4)

No person shall discharge to the public storm drain system that would result in or contribute to a violation of the AZPDES storm water permit issued to the city. Liability for any discharge shall be the responsibility of the person causing or responsible for the discharge.

(5)

No person shall establish, use, maintain, or continue any connection to the public storm drain system which has caused or is likely to cause a violation of this section. This prohibition is retroactive and shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under the law or practices applicable or prevailing at the time of the connection.

(Ord. 453, N.S., passed 3-27-2007)

(A)

All persons owning or operating premises or engaged in activities who are required by federal or state law to submit to EPA and/or ADEQ a notice of intent (NOI) to comply with an NPDES or AZPDES storm water permit shall provide a copy of the notice to the Director upon request. Facilities required to apply for a storm water permit are identified in 40 C.F.R. § 122.26(b)(14).

(B)

All persons engaged in activities which will or may reasonably be expected to result in pollutants entering the public storm drain system shall undertake best management practices (BMPS) to minimize the pollutants, shall provide protection from accidental discharge of pollutants to the public storm drain system and comply with the cleanup and notification requirements of this subarticle. The measures shall include the requirements imposed by federal, state, county, or local authorities. BMPS are site-specific and are described in the document "Stormwater Management For Industrial Activities: Developing Pollution Prevention Plans And Best Management Practices" (EPA 832-R-92-006) or other guidance documents available from EPA and/or ADEQ.

(C)

If a best management practice is required by the Director to prevent a pollutant from entering the public storm drain system, the person receiving the notice of the requirement may petition the Director to reconsider the application of the BMPS to the premises or activity. The written petition must be received within ten working days setting forth any reasons and proposed alternatives. The Director will act within 30 days of the petition.

(Ord 453, N.S., passed 3-27-2007)

(A)

All persons engaged in construction activities who are required by federal or state law to submit to EPA and/or ADEQ a notice of intent to comply with an NPDES or AZPDES storm water permit, shall provide the city with copies of the NOI and the NPDES storm water permit issued by ADEQ. Construction activities that will disturb one acre or more of land area or smaller land areas if they are part of a larger common plan of development or sale are required to apply for a storm water permit (40 C.F.R. § 122.26(b)(15)).

(B)

Any person performing construction shall not cause or contribute to a violation of the AZPDES storm water permit issued to the city. Liability for any discharge shall be the responsibility of the person causing or responsible for the discharge. Any person performing construction shall undertake best management practices to minimize pollutants (including sediments) from leaving the construction site, shall provide protection from accidental discharge of pollutants to the public storm drain system, and comply with the cleanup and notification requirements of this subarticle. Site operator shall ensure erosion and sediment control and control waste and properly dispose of wastes, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The measures shall include the requirements imposed by federal, state, county or local authorities. BMPS are site-specific and are described in the document "Stormwater Management For Construction Activities: Developing Pollution Prevention Plans And Best Management Practices" (EPA 832-R-92-005) or other guidance documents available from EPA and/or ADEQ.

(C)

If a best management practice is required by the Director to prevent a pollutant from entering the public storm drain system, the person receiving the notice of the requirement may petition the Director to reconsider the application of the BMPS to the premises or activity. The written petition must be received within ten working days setting forth any reasons and proposed alternatives. The Director will act within 30 days of receipt of the petition.

(Ord. 453, N.S., passed 3-27-2007)

Property owners or operators shall ensure long-term operation and maintenance of post-construction storm water runoff control mechanisms, such as retention basins, dry wells and other measures described in 40 C.F.R. § 122.34(b)(5)(iii).

(Ord. 453, N.S., passed 3-27-2007)

(A)

As soon as any owner or operator has actual or constructive knowledge of any discharge which may result in pollutants entering the public storm drain system, the person shall promptly take all necessary steps to ensure the discovery of the source and the extent and proceed with containment and cleanup of the discharge.

(B)

The owner or operator shall notify the Director of the discharge in both of the following manners:

(1)

By telephone as soon as practical or by calling 9-1-1 if hazardous materials are involved; and

(2)

By written report identifying the discharge source, extent, pollutant, measures taken to mitigate the discharge, and preventative measures put in place to prevent a subsequent discharge.

(Ord. 453, N.S., passed 3-27-2007)

(A)

Authority to inspect. Upon presentation of credentials and at all reasonable or necessary hours, all authorized employees of the city shall have access to all premises and to all records pertaining to those premises for purposes of ensuring compliance with this article. Inspection, interviewing, copying, sampling, photographing, and other activities conducted on the premises shall be limited to those which are reasonably needed by the city in determining compliance with the requirements of this subarticle. All persons shall allow the activities under safe and non-hazardous conditions with a minimum of delay.

(B)

Monitoring activities. The Director may order any person engaged in any activity or owning or operating on any premises which may cause or contribute to discharges of pollutants to the public storm drain system in violation of this subarticle or any applicable NPDES or AZPDES storm water permit condition to undertake the monitoring activities and analyses and furnish the reports as the Director reasonably may specify. The costs of these activities, analyses, and reports shall be borne by the recipient of the order.

(C)

Access refusal. If an authorized employee of the city has been refused access to any premises, and is able to demonstrate probable cause to believe that there may be a violation of this subarticle, or that there is a need to inspect, interview, copy, photograph or sample as part of an inspection and sampling procedure of the city designed to determine compliance with the requirements of this subarticle or any related laws or regulations, or to protect the environment and the public health, safety and welfare of the community, then the Director may seek issuance of a search warrant from the City Court.

(Ord. 453, N.S., passed 3-27-2007)

(A)

Collection of charges. Charges levied pursuant to this subarticle shall be collected by the Department of Public Works. The Director shall make and enforce economic and efficient management and protection of the city's storm drain system.

(B)

Owner of record. The owner of record of the property upon which a violation of this subarticle occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, the persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises.

(C)

Notice of violation. The Director may issue a written notice of violation to any person who has violated or is in violation of this subarticle. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the thirtieth day following the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations the Director may notify the person orally either in person or by telephone prior to, and in some cases in lieu of, written notification.

(D)

Consent orders. The Director may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements or other similar documents establishing an agreement with any person responsible for noncompliance. The documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document, including an identification and description of the best management practices and measures to utilize in implementing the order. The documents shall have the same force and effect as any other orders issued under this subarticle and shall be judicially enforceable.

(E)

Cease and desist orders. When the Director finds that a person has violated, or continues to violate, any provision of this subarticle or any related laws or regulations, or that the person's past violations are likely to recur, the Director may issue an order to the person directing them to cease and desist all violations and direct the person to immediately comply with all requirements; and take appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person's failure to comply with an order of the Director issued pursuant to this subarticle shall constitute a violation of this subarticle.

(F)

Civil penalties. In addition to any other enforcement authority contained in this subarticle, the Director may issue a civil citation to any person who has violated, or continues to violate, any provision of this subarticle or any related laws or regulations. A person who violates any requirement of this subarticle or any applicable NPDES or AZPDES storm water permit condition shall be civilly liable to the city for a sum not to exceed $25,000 per day for each violation.

(G)

Criminal penalties. A person who willfully or negligently violates any provision of this subarticle, or any related laws or regulations shall, upon conviction, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $25,000 per day for each violation and/or by imprisonment for a period not to exceed six months.

(H)

Criminal prosecution. Some intentional violations may constitute criminal violations of federal, state, and city law, and that under the circumstances, the Director may seek the assistance of the EPA, the state or the city prosecutor to commence civil and/or criminal action against any person who violates any requirement of this subarticle or any applicable NPDES or AZPDES storm water permit condition.

(I)

Revoking or withholding of permit. In addition to or in lieu of all other available penalties, the city may revoke or withhold any permit, approval or license to construct improvements to real property or operate a business in the city if the holder of the permit, approval, or license is in violation of any requirement of this subarticle or any applicable NPDES or AZPDES storm water permit condition.

(J)

Liability for costs. The Director may assess liability for costs to any person in violation of this subarticle for all actual costs incurred by the city in surveillance, sampling and testing, abatement, and remediation associated with a discharge. Additionally, the Director may assess liability for costs to any person whose discharge resulted in a violation of the city's AZPDES storm water permit.

(Ord. 453, N.S., passed 3-27-2007)

If any section, division, sentence, clause, phrase or portion of this subarticle or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions thereof.

(Ord. 453, N.S., passed 3-27-2007)

Any person found guilty of violating any provision of this subarticle shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or by imprisonment, or both a fine and imprisonment as specified herein. Each day that a violation continues shall be a separate offense punishable as herein described.

(Ord. 453, N.S., passed 3-27-2007)

(A)

The relatively flat topography and lack of defined drainage patterns within the city necessitates special attention for controlling stormwater collection and retention. Regulatory controls and measures are identified in this chapter to minimize stormwater problems and to ensure that developments in the city are not subject to flooding, nor will they contribute to the flooding potential of properties both upstream and downstream, during construction and after full development has occurred.

(B)

It is not the intent of these requirements to abrogate sound engineering judgment, but to establish some design guidelines and criteria. In general, unless modified herein, the design criteria and calculations shall be as specified in the "Drainage Design Manual for Maricopa County, Arizona, Volume I, Hydrology, 4th Edition", "Drainage Design Manual for Maricopa County, Arizona, Volume II, Hydraulics", and "Drainage Design Manual for Maricopa County, Arizona, Volume III, Erosion Control, 2nd Edition."

(Ord. 507, N.S., passed 4-12-2011; Res. 2029, passed 4-12-2011)

A conceptual stormwater collection and retention plan shall be submitted with a preliminary plat or site development plan and must be approved prior to the approval of such plat or plan. In the design of the development, every effort shall be made to utilize the natural slope of the land for the stormwater collection system. Subsurface drainage systems shall be discouraged wherever possible. The plan shall include, but not be limited to, the following:

(A)

Method of collection (surface and/or subsurface).

(B)

Depth, side slopes and area of retention.

(C)

Calculations of volume held and required.

(D)

Highwater elevation and invert of pipes.

(F)

Method of disposal of water within 36-hours.

(G)

Any other data to form a complete plan.

(Ord. 507, N.S., passed 4-12-2011; Res. 2029, passed 4-12-2011)

(A)

All water which falls within the parcel to be developed, including the respective one-half of all streets adjacent to the parcel, for a 100-year storm of six-hour duration (approximately two and six-tenths inches) as established by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Atlas 14, must be retained within the boundaries of the parcel. The method of collection and retention shall be approved by the City Engineer. The method of retention calculation and drainage flows shall conform to § 12-1-134.

(B)

Two or more developers may join together to provide a common retention facility. A letter of agreement signed by all developers participating in the common retention facility must be approved by the city and the recorded plat shall indicate that the retention area is a joint facility. In the case of single-user developments, the letter of agreement will be recorded as an encumbrance against all participating parcels. The joint retention area must meet all criteria as a single area.

(C)

All retention basins shall have a design capacity to preclude a water depth in excess of three feet resulting from a ten-year, six-hour duration storm rainfall of approximately one and seven-tenths inches. The depth of retention basins shall be measured from the nearest adjacent top of curb. Side slopes shall be hinged to conform to the following slope/depth ratios:

(D)

Retention volumes in excess of a ten-year, six-hour duration storm may be retained in areas other than the retention basin, such as paved parking areas, with the permission of the city. Where allowed, the maximum depth ponding on parking lots shall be eight inches. The maximum water depth allowed in any retention basin resulting from a 100-year, six-hour duration storm shall be four feet.

(E)

In no event shall stormwater stand in the retention basins longer than 36 hours. Where possible, basins may be drained by pumping or controlled gravity flow into existing storm drainage lines or irrigation ditches when approved by the controlling agency. With the permission of the city, the right-of-way area from one foot in back of sidewalk may be used for the retention basin.

(F)

Retention basins shall not encroach upon public or private utility easements.

(G)

All retention basins that will be controlled by the city shall be improved by the developer per city guidelines for retention basin development and installed prior to the city's acceptance of the retention. The landscape plan shall be submitted with the engineering plans. Retention basins, when not privately maintained, shall be dedicated to the city in fee title as stormwater retention basins or drainage rights-of-way. In the case where private retention basins receive water other than that which falls upon the property and adjacent streets and/or alleys, the areas shall be designated as easement areas for retention purposes and shall have a recorded restrictive covenant requiring perpetual maintenance.

(H)

On-lot retention is permissible in single-family residential developments providing that the lots contain not less than 18,000 square feet and are fully irrigated. The lot shall be depressed to contain the indicated design storm, including that of street runoff.

(I)

Curbed streets shall be designed and constructed to carry the stormwater runoff from a ten-year storm between curbs. When peak flows from the design storm exceed the street capacity, a subsurface storm drainage system shall be provided to convey the excess stormwater. Local and secondary collector streets serving one-acre or larger lots designed for on-lot retention may be constructed with a ribbon curb. Local streets, serving lots of 18,000 square feet to one (1) acre in size designed for on-lot retention, may be designed with 18-inch curb depressions at each lot to permit street runoff to flow into the depressed lots.

(J)

Peak flows from a 100-year storm shall be carried within the limits of public right-of-way or a dedicated drainage easement. The finished floor elevation of all buildings shall be a minimum of 14 inches above the 100-year floodplain elevation or the emergency outlet elevation, whichever is greater.

(Ord. 507, N.S., passed 4-12-2011; Res. 2029, passed 4-12-2011)

(A)

All stormwater from a 100-year storm of six-hour duration (approximately two and six-tenths inches) as established by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Atlas 14, shall be retained on-site. All stormwater within the right-of-way adjacent to the site shall be retained within the site unless other means of disposal of the water (i.e., storm drain, irrigation ditch, or drainage-way) is designed and constructed to convey that water.

(B)

A maximum of 50% of the required retention can be held upon asphalt, concrete or other hard surface with permission of the city. When allowed, the maximum depth of ponding on such hard surfaces shall not exceed 12 inches.

(C)

The city shall not be responsible for the design, performance, operation or maintenance of the retention basin.

(D)

The retention basin shall conform to § 12-1-132 and calculations and drainage flows shall conform to § 12-1-134.

(E)

The property owner of a single lot zoned Rl-10 or smaller will be excluded from the requirements to provide on-site retention.

(Ord. 507, N.S., passed 4-12-2011; Res. 2029, passed 4-12-2011)

(A)

Retention calculations shall be submitted as follows:

V = (D/12) AC

A = Area (square feet or acres)

V = Volume required to be retained (cubic feet or acre-feet)

D = 100-year, six-hour rainfall (inches)

C = Runoff factor for tributary areas*

(*Initial planning only, final drainage design will utilize "C" values based on weighted averages or City Engineer approval.)

General:

Pavement (asphalt, concrete, brick, etc.) .....0.95

Roofs .....0.95

Grass lawn (average slope 0 - 7%) .....0.20

Grass lawn (steep 7%) .....0.35

Desert lawn or rock lawn .....0.70

Farmland .....0.10

Bare ground (vacant lots) .....0.25

Undeveloped desert .....0.40

Commercial, Industrial Area .....0.80

Residential Area .....0.65

Multi-Unit Area:

Townhouses, mobile home parks .....0.75

Apartments .....0.75

(B)

The point or points in which natural drainage flows from a property prior to development shall remain the same after the property has been altered for the development.

(C)

Drywells or exfiltration trenches are required in the City of Tolleson to drain surface retention areas. A 50% clogging factor shall be applied to the percolation rate used in computing dry up times.

(Ord. 507, N.S., passed 4-12-2011; Res. 2029, passed 4-12-2011)

Any person found guilty of violating any provision of these stormwater drainage requirements shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not to exceed $2,500.00 or by imprisonment for a period not to exceed six months or by both the fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein above described.

(Ord. 507, N.S., passed 4-12-2011; Res. 2029, passed 4-12-2011)