(1) CHAPTER 1, "ADMINISTRATION" is hereby amended as follows:

Section 101.1, "Title," is hereby deleted in its entirety and replaced with the following:

101.1 Title. These regulations shall be known as the Building Code of the City of Goodyear, hereinafter referred to as "this code." The fees and administrative provisions of this Chapter of this Code, as amended, shall apply to all technical codes as adopted and amended by the City of Goodyear.

Section 101.4, "Referenced Codes," is deleted in its entirety and replaced with the following:

101.4 Referenced codes. The other technical codes listed in Section 101.4.1 through 101.4.11, adopted by the City of Goodyear, as amended, and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

Section 101.4.3, "Plumbing," is hereby added as follows:

101.4.3 Plumbing. The provisions of the International Plumbing Code, including Appendix E 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. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal.

Section 101.4.5, "Fire prevention," is hereby deleted in its entirety and replaced with the following:

101.4.5 Fire prevention. The provisions of the International Fire Code, including Appendices B, C, D, E, F, G, H, I and L, as adopted and amended by the governing authority shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

Section 101.4.8, "Accessibility," is hereby added as follows:

101.4.8 Accessibility. The provisions of the ICC A117.09 Accessible and Usable Buildings and Facilities, as adopted and amended by the governing authority shall apply to all matters governed by this code. In addition, the 2010 ADA Standards for Accessible Design, as adopted and amended by the governing authority. In the event of a conflict between the two, the more restrictive requirements shall apply.

Section 101.4.9, "Electric," is hereby added as follows:

101.4.9 Electric. The provisions of NFPA 70 National Electric Code, as adopted and amended by the governing authority shall apply to all matters governing the design and construction of electrical systems for all buildings and structures except those regulated by the International Residential Code for One and Two-Family Dwellings, as adopted and amended by the governing authority.

Section 101.4.10, "Health care facilities," is hereby added as follows:

101.4.10 Health care facilities. The provisions of NFPA 99 Health Care Facilities Code as adopted and amended by the governing authority shall apply to all matters governing the design and construction of Health Care Facilities.

Section 101.4.11, "Residential," is hereby deleted in its entirety and replaced with the following:

101.4.11 Residential. The provisions of the International Residential Code For One and Two-Family Dwellings including Appendices H and K as adopted and amended by the governing authority shall apply to all matters governing the design and construction of one and two-family dwelling units.

Section 102.4, "Referenced codes and standards," is hereby amended as follows:

102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Section 102.4.1.

Section 102.4.1, "Conflicts," is hereby deleted in its entirety and replaced with the following:

102.4.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.4.2, "Provisions in referenced codes and standards," is hereby deleted in its entirety.

Section 102.7, "Maintenance," is hereby added as follows:

102.7 Maintenance. Mechanical, plumbing, and fuel gas systems, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of such systems. To determine compliance with this provision, the code official shall have the authority to require a system to be re-inspected. The inspection for maintenance of HVAC systems shall be done in accordance with ASHRAE/ACCA/ANSI Standard 180.

Section 102.8, "Additions, alterations or repairs," is hereby added as follows:

102.8 Additions, alterations or repairs. Additions, alterations, renovations or repairs to a mechanical, plumbing, or fuel gas system shall conform to that required for a new system without requiring the existing system to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing system to become unsafe, hazardous or overloaded. Minor additions, alterations, renovations and repairs to existing systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.

Section 102.9, "Change in occupancy," is hereby added as follows:

102.9 Change in occupancy. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any special provision of this code applicable to the new occupancy without approval of the building official. The building official shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare.

Section 104.10.1, "Flood hazard areas," is hereby deleted in its entirety and replaced with the following:

104.10.1 Flood hazard areas. The building official shall not grant any modification in conflict with flood hazard areas as established by City code Article 16-3.

Section 105.1, "Required," is hereby deleted in its entirety and replaced with the following:

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Permits are non-transferable without authorization of the building official, and any change in occupancy, operation, tenancy or ownership shall require a new permit.

Section 105.1.1, "Annual permit," is reserved for future annual permit program.

Section 105.1.2, "Annual permit records," is reserved for future program.

Section 105.2, "Work exempt from permit," item 2 under Building is hereby deleted in its entirety and replaced with the following:

2. Fences not over 6 feet (1828.8 mm) high.

Section 105.2, Under Electrical "Repair and maintenance," is amended to add items 1.1-1.5:

1.1 Listed cord-and-plug connected temporary decorative lighting.

1.2 Reinstallation of attachment plug receptacles but not the outlets therefor.

1.3 Replacement of branch circuit overcurrent devices of the required capacity in the same location.

1.4 Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

1.5 Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Section 105.2, Under Mechanical add item 8:

8. Portable fuel cell appliances that are not connected to affixed piping system and are not interconnected to a power grid.

Section 105.3.1, "Action on application," is hereby deleted in its entirety and replaced with the following:

105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto in accordance with the requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority as supplemented herein. If the application and/or supporting documentation does not conform to the requirements of applicable laws, the building official shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto and all applicable fees have been paid, the building official shall issue a permit therefor as soon as practicable.

Section 105.3.3, "Approved construction documents," is hereby added:

105.3.3 Approved construction documents. When the building official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the building official. All work shall be done in accordance with the approved construction documents.

Section 105.5, "Expiration," is hereby deleted in its entirety and replaced with the following:

105.5 Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced. Notwithstanding the foregoing, a permittee holding an unexpired permit shall have the right to apply in writing to extend the expiration deadlines set forth herein. The building official is authorized to grant, in writing, one extension of time for a period of not more than 180 days provided that the permittee has demonstrated in writing that no changes have been made or will be made in the original construction documents for the permitted work and that justifiable cause exists for the failure to commence the work within 180 days or for the suspension of abandonment of the work after it was commenced. The fee for the extension shall be the cost of reviewing the application at a rate of $100.00 per hour with a minimum charge of one half hour. In order to renew action on a permit after expiration, a new permit fee, as determined by the building official, shall be paid based on the current fee schedule adopted by the City.

Section 107.1, "General," is hereby deleted in its entirety and replaced with the following:

107.1 General. The supporting documentation submitted in support of a permit application shall be in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and as supplemented herein. All Construction documents, computations and specifications are to be prepared and designed by a registered design professional. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings, and components and shall indicate the materials, and methods for maintaining required structural safety, fire-resistance rating and fire blocking. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this code and the authority to waive the requirement that construction documents, calculations and or other data be prepared and designed by a registered design professional if compliance with the requirements of this code can be determined by the building official.

Section 107.2, "Construction documents," is hereby deleted in its entirety and replaced with the following:

107.2 Construction Documents. Construction documents shall be in accordance with the applicable requirements set forth in the City of Goodyear Administrative Process Manual as adopted and amended by the governing authority and in accordance with Sections 107.2.1 through 107.2.6 and all subsections therein and in accordance with Sections 107.3.4 and all subsections therein. In the event of a conflict between the provisions of the Administrative Process Manual, the more restrictive provisions shall apply.

Section 109.1, "Payment of fees," is hereby deleted in its entirety and replaced with the following:

109.1 Payment of Fees. A permit shall not be issued and shall not be valid until all fees prescribed by law have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid.

Section 109.1.1, "Building Permit Fees," is hereby deleted in its entirety and replaced with the following:

109.1.1 Building Permit Fees. Building permit fees for new construction, buildings and additions are to be calculated based on the Goodyear Municipal User Fee Schedule as adopted by City Council.

Section 109.1.2, "Building Plan Review Fees," is hereby deleted in its entirety and replaced with the following:

109.1.2 Building Plan Review Fees. Building plan review fees for permits for new construction, buildings, additions, and tenant improvements are to be calculated based on the Goodyear Municipal User Fee Schedule adopted by City Council.

Section 109.1.3, "Fire Permit Fees," is hereby deleted in its entirety and replaced with the following:

109.1.3 Fire permit fees. Fire permit fees for new construction, buildings, additions and tenant improvements are to be calculated based on the Goodyear Municipal User Fee Schedule adopted by City Council.

Section 109.1.4, "Fire Plan Review Fees," is hereby deleted in its entirety and replaced with the following:

109.1.4 Fire plan review fees. Fire plan review fees for new construction, buildings, additions and tenant improvements are to be calculated based on the Goodyear Municipal User Fee Schedule adopted by City Council.

Section 109.3, "Building permit valuations," is hereby deleted in its entirety and replaced with the following:

109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

For the purposes of determining valuations, the most current building valuation data table published by the International Code Council in Building Safety Journal magazine, shall be used. The valuation for any shell-only buildings shall be permitted to be reduced by 20 percent (20%). The valuation for any foundation-only permit shall be permitted to be reduced by 80 percent (80%) and is in addition to the permit and plan review for the structure. When a foundation only permit is authorized by the Building Official, it shall be permitted to include the foundation, interior underground utilities and any interior slab-work when so specified. Any valuation not specifically provided for shall be determined by the Building Official and shall be classified in the use and construction type it most nearly resembles.

Section 109.4, "Work commencing before permit issuance," is hereby deleted in its entirety and replaced with the following:

109.4 Work commencing before permit issuance. Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

This additional fee shall be equal to 100% of the amount of the permit fee(s) required for the permit(s) necessary for the work performed, which will result in double the amount of the adopted permit fees being paid when work is commenced before the appropriate permits have been obtained. The payment of such fee shall not exempt an applicant from complying with the provisions of either this code or other applicable requirements nor does it exempt an applicant from any other penalties prescribed by law.

Section 109.6, "Refunds," is hereby deleted in its entirety and replaced with the following:

109.6. Refunds. The Building Official shall be permitted to authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than 65 percent (65%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 65 percent (65%) 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 Building Official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment.

Section 109.7, "Public School Permit Fee Waiver," is hereby deleted in its entirety and replaced with the following:

109.7 Public School Permit Fee Waiver. Except as otherwise provided herein, the Goodyear Municipal User Fee Schedule adopted by City Council, applicable to vertical construction review and permit fees shall not apply to permitted work for public schools providing educational instruction for pupils in any combination of elementary grades or secondary grades one through twelve. The fee waiver provided herein extends only to work on improvements that are owned by the public school. This waiver does not apply to fees such as inspections outside of normal business hours, reinspection fees, replications of plans, stamping of additional approved plans, replication of plans and providing written responses to requests for information related to the building code or Building Safety Division policy issues. Public schools for purposes of this section are those schools that are funded wholly by public funds.

Section 109.8, "Fee Schedule," is hereby deleted in its entirety.

Section 111.4, "Revocation," is hereby renumbered as 111.6.

Section 111.4, "Certificate of Shell Completion," is hereby added as follows:

111.4 Certificate of Shell Completion. After final inspection of a building or structure for which the permit was issued for only the building shell, if no violations of this code or of related land use and public health ordinances, rules and regulations have been discovered, or if such violations have been discovered and have been corrected, the building official shall issue a certificate of shell completion which shall contain the following:

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of the building or that portion of the building for which the certificate is issued.

5. The name of the building official.

6. A statement that no portion of the building shall be occupied until tenant improvement permits are obtained and occupancy is approved.

7. The edition of the code under which the permit was issued.

8. The type of construction as defined in Chapter 6.

9. If an automatic sprinkler system is provided, whether the sprinkler system is required.

10. Any special stipulation and conditions of the building permit.

11. An explanation that the responsibility for the building's compliance with the provisions of the city codes and for maintenance of the building rests exclusively with the permit applicants and their agents and the building's owners.

Section 111.5, "Posting Certificate of Occupancy/Certificate of Shell Completion," is hereby added as follows:

111.5 Posting Certificate of Occupancy/Certificate of Shell Completion. The certificate of occupancy and/or the certificate of shell completion shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.

Section 112.2, "Temporary utilities," is hereby deleted in its entirety and replaced with the following:

112.2 Temporary utilities. The code official shall have the authority to authorize the temporary connection of the building or system to utility sources of energy, fuel or power before the installation has been fully completed and a final certificate of completion has been issued. The portion of the structure covered by the temporary certificate shall comply with the requirements for temporary lighting, heat or power in all applicable technical codes as adopted and amended by the governing authority, including the NFPA 70 National Electric Code 2017 Edition as adopted and amended by the governing authority.

Section 112.4, "Connection after order to disconnect," is hereby added as follows:

112.4 Connection after order to disconnect. No person shall make any connections from any energy, fuel, power supply or water distribution system or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

Section 113, "Board of Appeals" and all subsections therein (113.1 through 113.3), are hereby deleted in their entirety and replaced with the following:

SECTION 113

(BOARD OF APPEALS)

113.1 General. There is hereby created a board of appeals (the "Board") in order to hear and decide appeals of orders, notices, decision, or determinations made by the building official relative to the application and interpretation of this code and all other technical codes governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, including by way of example, but not limitation, the International Fire Code, International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, and the 2010 ADA Standards for Accessible Design. (For purposes of Section 113 and sections 113.1 through 113.8 and all subsections therein the foregoing are collectively referred to as "technical codes.") The Board shall be appointed by the governing authority and shall hold office at its pleasure.

113.1.1 By-laws. Subject to the approval of the governing authority, the Board shall adopt by-laws, which shall include rules of procedure for conducting its business, which shall be consistent with applicable ordinances and regulations as adopted by the governing authority, including applicable provisions in the City of Goodyear Administrative Manual as adopted and amended by the governing authority, and shall, subject to the approval of the governing authority, have the power to amend the by-laws. If there is a conflict between the Board's by-laws and any other applicable legal requirement governing appeals of decisions by the building official, the more restrictive provision shall apply. The governing authority may, at its own direction, amend the Board's by-laws.

113.2 Membership. The Board shall consist of five members, none of whom may be an employee of the City of Goodyear, appointed by the governing authority and who shall serve for the terms as set forth in the adopted by-laws unless removed by the governing authority.

113.2.1 Qualifications. The Board shall consist of members who are qualified by experience and training to hear, decide, and make the determinations on the matters for which the Board is created, and who are not employees of the City of Goodyear. To the extent possible, the Board's membership shall include at least one individual from each of the following professions or discipline:

1. Registered design professional who is a registered architect; or a builder or superintendent of building construction with at least 10 years' experience, 5 years of which shall have been in responsible charge of work.

2. Registered design professional with structural engineering or architectural experience.

3. Registered design professional with mechanical and plumbing engineering experience; or a mechanical and plumbing contractor with at least 10 years' experience, 5 years of which shall have been in responsible charge of work.

4. Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years' experience, 5 years of which shall have been in responsible charge of work.

5. Registered design professional with fire protection engineering experience; or a fire protection contractor with at least 10 years' experience, 5 years of which shall have been in responsible charge of work.

If the building official does not receive applications from individuals meeting the foregoing criteria, the governing authority shall appoint other individuals who have been determined by the building official to have experience, and training that will allow them to hear, decide and make the determinations on the matters for which the Board is created.

113.2.2 Alternate members. The governing authority shall appoint two alternate members who shall be called by the Board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the same qualifications as required for Board membership.

113.2.3 Disqualification of members. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

113.3 Reversal. A decision of the building official or fire code official can be reversed or modified only upon a concurring vote of at least three of the board members hearing an appeal. Notwithstanding the foregoing, if the appeal involves a challenge related to the fire code or any fire safety requirements, the decision of the building official or fire code official can be reversed only upon a concurring vote of at least three of the board members hearing an appeal and one of the members voting for the reversal shall be the member of the board appointed based on his/her experience and/or training involving fire protection.

113.4 Hearing. All hearings before the Board shall be open to the public. At least 4 of the members of the Board shall be present to hear any appeal, and for appeals involving a challenge related to the fire code or any fire safety requirements, one of the members hearing the appeal shall be the member of the board appointed based on his/her experience and/or training involving fire protection. The appellant, the appellant's representative, the building official, the fire code official and any other person whose interests are affected shall be given an opportunity to be heard.

113.4.1 Postponed hearing. An appellant is entitled to a hearing before all 5 members of the Board and if all 5 members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

113.5 Limitation on authority. An application for an appeal shall be based on a claim that the true intent of this code and the technical codes or the rules legally adopted thereunder have been incorrectly interpreted, do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive the requirement of this code or any other technical code.

113.6 Filing of Appeals. Appeals of notices of violations and orders (other than those involving imminent dangers or unsafe structures and/or equipment) and of determinations or decisions on any application for a permit, including fire permits, shall be filed with building official in writing in a form and containing the information required by the Board of Appeals, within twenty (20) days of the date of such notice, order, decision, or determination. Appeals of notices and orders involving imminent dangers or unsafe structures and/or equipment shall be filed with the building official in writing in a form and containing the information required by the Board of Appeals, within three business days of the date of such notice or order.

113.7 Stays of enforcement. Timely and proper appeals of notices and orders (other than Imminent Danger notices or notices of unsafe structures or equipment) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.

113.8 Bar. The failure to pursue a timely proper appeal with the Board of Appeals of orders, notices, decision, or determinations made by the building official relative to any of the matters within the Board of Appeals jurisdiction, shall bar a later challenge in any prosecution of a violation as to the building officials application or interpretation of this code and all other technical codes governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority.

Section 114.1, "Unlawful acts," is hereby deleted in its entirety and replaced with the following:

114.1 Unlawful acts. It shall be unlawful for:

1. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment regulated by this code in violation of any of the provision of this code; or to cause or allow same to be done;

2. Any person to erect, construct, install, alter, extend, repair, move, remove, or demolish any building, structure, premises, system or equipment in violation of approved construction plans or any direction of the building official or of a permit or certificate issued under the provisions of this code or to cause or allow same to be done;

3. Any person to occupy or use any building, structure, premises, system, or equipment regulated by this code in violation of any provisions of this code or any direction of the building official or of a permit or certificate issued under the provisions of this code, or to cause or allow same to be done;

4. Any Owner to fail to take actions necessary to correct conditions in any building, structure, or equipment regulated by this code that is in violation of any provisions to bring such building, structure or equipment in compliance with the provisions of this code;

5. Any person to violate or fail to comply with notices and orders issued pursuant to the enforcement of this code, including by way of example, but not limitation, provisions of notices of violations, notices of unsafe conditions, and stop work orders.

Section 114.2, "Notice of violation," is hereby deleted in its entirety and replaced with the following:

114.2 Notice of violation. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 114.2.1 and 114.2.2 below.

Section 114.2.1, "Form of notice," is hereby added as follows:

114.2.1 Form of notice. A notice of violation or order prescribed in Section 114.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right of the governing authority to file a lien in accordance with the provisions of Section 114.3 Prosecution of violation.

Section 114.2.2, "Method of service," is hereby added as follows:

114.2.2 Method of service. A notice of violation or order prescribed in Section 114.2.1 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Mail by certified mail with return receipt requested to the last known address.

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner's agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 114.2.3, "Unauthorized Tampering," is hereby added as follows:

114.2.3 Unauthorized Tampering. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed, tampered with, or removed without authorization from the building official.

Section 114.3, "Prosecution of violation," is hereby deleted in its entirety and replaced with the following:

114.3 Prosecution of violation. Any person failing to comply with a notice of violation or order prepared and served in accordance with Sections 114.2.1 and 114.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Such violations shall be deemed a strict liability offense. If the notice of violation is not complied with, the building official is authorized to request legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity (or both) to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 114.4, "Violation penalties," is hereby deleted in its entirety and replaced with the following:

114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof; erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official or of a permit or certificate issued under the provisions of this code; or who fails to comply with a notice of violation or order prepared and served in accordance with Sections 114.2.1 and 114.2.2 shall be deemed guilty of a misdemeanor and shall be subject to the penalties as prescribed by law. Violations shall be deemed a strict liability offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 114.5, "Abatement of violation," is hereby added as follows:

114.5 Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of any of the systems installed on or about any of the premises.

Section 114.6, "Transfer of ownership," is hereby added as follows:

114.6 Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a notice of violation or order or upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or structure to another until the provisions of the notice of violation or order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation or order issued by the building official and shall furnish to the building official a signed and notarized statement that the grantee, transferee, mortgagee or lessee, acknowledges the receipt of such notice of violation or order and fully accepts responsibility without condition for making the correction or repairs required by such notice of violation or order.

Section 115.2, "Issuance," is hereby deleted in its entirety and replaced with the following:

115.2 Issuance. The stop work order shall be in writing and shall comply with the requirements of Section 114.2.1 as supplemented herein. The stop work order shall include a description of work that is being performed in a manner that is contrary to the provisions of this code, dangerous and or unsafe, and the required repairs improvements or actions needed to be taken to remove a violation or unsafe condition. Such notice shall require the person served to declare immediately to the building official his or her acceptance or rejection of the terms of the order.

Section 115.2.1, "Service," is hereby added as follows:

115.2.1 Service. The stop work order shall be served on the owner, the owner's agent or the person doing the work. Service of such order shall be made in accordance with the requirements of 114.2.2.

Section 115.2.2, "Imminent danger," is hereby added as follows:

115.2.2 Imminent danger. Where an imminent danger exists, the building official shall not be required to give a written notice prior to stopping the work.

Section 116.3, "Notice," is hereby deleted in its entirety and replaced with the following:

116.3 Notice. If an unsafe condition is found, the building official shall serve a written notice on the owner, agent or person in control of the structure, that complies with the requirements of Section 114.2.1 as supplemented herein. The notice shall include a description of the condition deemed unsafe and a description of the required repairs or improvements that need to be made to abate the unsafe condition or that requires the unsafe structure to be demolished. The notice shall also include a deadline by which the repairs, improvements or demolition must be completed. Such notice shall require the person thus notified to declare immediately to the building official his or her acceptance or rejection of the terms of the order.

Section 116.4, "Method of service," is hereby deleted in its entirety and replaced with the following:

116.4 Method of service. Service of such notice shall be made in accordance with the requirements of Section 114.2.2.

(2) CHAPTER 2, DEFINITIONS, is hereby amended as follows:

Section 201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, and the International Existing Building Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202, "DEFINITIONS," is amended to delete the definition of Building Official in its entirety and to replace it with the following:

BUILDING OFFICIAL. The individual charged with the administration and enforcement of this code and all other technical codes, including the construction related provisions of the International Fire Code, governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, or that individual's duly authorized representative(s). The technical codes referred to herein include by way of example, but not limitation, the International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, and 2010 ADA Standards for Accessible Design.

Section 202, "DEFINITIONS," is amended to delete the definition of Owner in its entirety and to replace it with the following:

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Section 202, "DEFINITIONS," is amended to delete the definition of Person in its entirety and to replace it with the following:

PERSON. An individual, corporation, partnership or any other group acting as a unit.

Section 202, "DEFINITIONS," is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and each can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY: The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition that could cause serious or life threating injury at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

OPERATOR. Any person who has charge, care, or control of a structure or premises which is let or offered for occupancy.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. The violation of a law or rule where the governing authority does not have to prove the violator's intent or negligence as part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(3) CHAPTER 3, "USE AND OCCUPANCY CLASSIFICATION," is hereby amended as follows:

Section 308.2.4, "Five or fewer persons receiving custodial care," is hereby deleted in its entirety and replaced with the following:

308.2.4 Five or fewer persons receiving custodial care. Five or fewer persons receiving custodial care. A facility such as above with five or fewer persons receiving such 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 the International Fire Code as adopted and amended by the governing authority, Section 903.3.1.3, or Section P2904 of the International Residential Code. Automatic sprinkler systems are not required in one- and two- family (Group R-3) structures complying with the exceptions noted under Section 903.2.8 of the International Fire Code as adopted and amended by the governing authority.

Section 308.2.5, "Arizona State Department of Health Facilities," is hereby added as follows:

308.2.5 Arizona State Department of Health Facilities. All facilities licensed by the State of Arizona Department of Health, further known, but not limited to, as direct care, personal care, supervisory care and behavioral residential agency, housing at least six and not more than 10 persons, shall be considered a Group R-4.

Section 308.3.2, "Five or fewer persons receiving medical care," is hereby deleted in its entirety and replaced with the following:

308.3.2 Five or fewer persons receiving medical care. A facility such as above 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 the International Fire Code as adopted and amended by the governing authority, Section 903.3.1.3, or Section P2904 of the International Residential Code.

Section 310.4.1, "Care facilities within a dwelling," is hereby deleted in its entirety and replaced with the following:

310.4.1 Care facilities within a dwelling. Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with the International Fire Code as adopted and amended by the governing authority, Section 903.3.1.3, or Section P2904 of the International Residential Code. Automatic sprinkler systems are not required in one- and two- family (Group R-3) structures complying with the exceptions noted under Section 903.2.8 of the International Fire Code as adopted and amended by the governing authority.

Section 310.5, "Residential Group R-4," is hereby deleted in its entirety and replaced with the following:

310.5 Residential Group R-4. This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. The persons receiving care are capable of self-preservation. This group shall include, but not be limited to, the following:

Alcohol and drug centers

Assisted living facilities

Congregate care facilities

Convalescent facilities

Group homes

Halfway houses

Residential board and custodial care facilities

Social rehabilitation facilities

Arizona State Department of Health Facilities. All facilities as licensed by the State of Arizona Department of Health, further known, but not limited to, as direct care, personal care, supervisory care and behavioral residential agency, housing at least six and not more than 10 persons shall be considered a Group R-4 occupancy.

Group R-4 occupancies shall meet the requirements for construction as defined for Group R3, except as otherwise provided for in this code.

(4) CHAPTER 5, "GENERAL BUILDING HEIGHTS AND AREAS," is hereby amended as follows:

Section 502.1, "Address identification," is hereby deleted in its entirety and replaced with the following:

502.1 Address Identification. New and existing buildings shall be provided with approved identification in accordance with section 505.1 of the International Fire Code as adopted and amended by the governing authority.

Section 507.3, "Non-sprinklered, one story buildings," is hereby deleted in its entirety.

(5) CHAPTER 9, "FIRE PROTECTION AND LIFE SAFETY SYSTEMS," is hereby amended as follows:

Section 903.1, "General," is hereby deleted in its entirety and replaced with the following:

903.1 General. Approved automatic fire extinguishing systems shall be provided and installed in accordance with the International Fire Code as adopted and amended by the governing authority.

Section 912.6, "Backflow protection," is deleted in its entirety and replaced with the following:

912.6 Backflow protection. The potable water supply to automatic sprinkler and standpipe systems shall be protected against backflow as required by the International Plumbing Code adopted by the City of Goodyear and the City of Goodyear Engineering Design Standards and Policies Manual.

(6) CHAPTER 11, "ACCESSIBILITY," is hereby amended as follows:

Section 1102.1, "Design," is hereby deleted in its entirety and replaced with the following:

1102.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code, ICC A117.1 as adopted and amended by the governing authority, the 2010 ADA Standards for Accessible Design, as adopted and amended by the governing authority; the Arizonans with Disabilities Act" (Arizona Revised Statutes, Title 41, Chapter 9, Article 8) as amended, and the "Arizonans with Disabilities Act Implementing Rules" (Arizona Administrative Code, Title 10, Chapter 3, Article 4), which rules incorporate the federal "Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities." The requirements herein shall apply to new construction and alterations and are not required in buildings or portions of existing buildings that do not meet the standards and specifications unless expressly required by federal or state law.

(7) CHAPTER 12, "INTERIOR ENVIRONMENT," is hereby amended as follows:

Section 1206.1, "Scope," is hereby deleted in its entirety and replaced with the following:

1206.1 Scope. This section shall apply to common interior walls, partitions and floor/ceiling assemblies between adjacent dwelling units and sleeping units or dwelling units and sleeping units and adjacent public areas such as halls, corridors, stairways or service areas, and buildings as described in 1206.4.

Section 1206.4, "Sound Attenuation," is hereby added as follows:

1206.4 Sound attenuation. In order to achieve an interior noise level of 45 decibels in areas within the noise contours described in A.R.S. Section 28-8461, paragraph 8, subdivision (a), (b) or (c) as applicable, the following types of construction shall comply with the provisions of this section and 1206.4.1.

1. All new development and construction of portions of buildings where the public is received;

2. Office areas;

3. Where normal noise level is low for first occupancy (i.e. churches, libraries);

4. If the gross floor area of a structure or project is expanded by less than 50%, the requirements of this section only apply to the area of expansion. If the gross floor area of a structure or project is expanded by 50% or more the requirements of this section, apply to the entire structure.

Exception. Ancillary buildings used in agricultural land use are not subject to the construction standards contained herein.

Section 1206.4.1, "Certification," is hereby added as follows:

1206.4.1 Certification. A certified statement by a licensed architect or engineer, certifying that the building area achieves the requirement of a maximum interior noise level of 45 decibels is required for all construction identified in 1206.4. The certified statement shall include documentation supporting the statement.

(8) CHAPTER 16, "STRUCTURAL DESIGN," is hereby amended as follows:

Section 1612.3, "Establishment of flood hazard areas," is hereby deleted in its entirety and replaced with the following:

1612.3 Establishment of flood hazard areas. Flood hazard areas shall be established in conformance with City code Chapter 16, "Flood Damage Prevention," Article 16.3, "General Provisions."

(9) CHAPTER 29, "PLUMBING SYSTEMS," is hereby amended as follows:

(10) CHAPTER 31, "SPECIAL CONSTRUCTION," is hereby amended as follows:

Section 3109, "SWIMMING POOLS, SPAS AND HOT TUBS," is hereby deleted in its entirety, and replaced with the following:

SECTION 3109

SWIMMING POOL ENCLOSURES AND SAFETY DEVICES

3109.1 General. The City of Goodyear Zoning Code shall be used to determine barrier requirements for swimming pools.

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION," is hereby amended as follows:

(2) CHAPTER 2, "DEFINITIONS," is hereby amended as follows:

Section 201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Building Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, and the International Existing Building Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202, "Definitions," is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202, "Definitions," is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202, "Definitions," is amended to add the following definitions:

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition that could cause serious or life threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other legal entity.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION," is hereby amended as follows:

Section 101.1, "Title," is hereby amended as follows:

101.1 Title. Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.8.1, "Conflicts," is hereby deleted in its entirety and replaced with the following:

102.8.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.8.2, "Provisions in referenced codes and standards," is hereby deleted in its entirety.

Part 2 – "Administration and Enforcement," Sections 103 through 110, including all subsections, is hereby deleted in its entirety.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Building Code, International Existing Building Code, International Residential Code for One and Two Family Dwellings, and the International Property Maintenance Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202, "General Definitions," is hereby amended as follows:

The definition of CODE OFFICIAL in Section 202, "General Definitions," is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202 is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition that could cause serious or life threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

TEMPORARY. For a period not to exceed 180 days.

(3) CHAPTER 4, "FIXTURES, FAUCETS AND FIXTURE FITTINGS," is hereby amended as follows:

Table 403.1, Minimum Number of Required Plumbing Facilities, footnote "e" is hereby amended to read as follows:

^e For business and mercantile occupancies with an occupant load of 50 or fewer, service sinks shall not be required.

Section 403.2, "Separate Facilities Exception 2," is hereby deleted in its entirety and replaced with the following:

403.2 Separate Facilities. Exception 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer.

Section 410.2, "Small Occupancies," is hereby deleted in its entirety and replaced with the following:

410.2 Small Occupancies. Drinking fountains are not required for an occupant load of 25 or fewer, except for mercantile use groups which do not require drinking fountains for an occupant load of 50 or fewer.

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION," is hereby amended as follows:

Section 101.1, "Title," is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.8, "Referenced codes and standards," is hereby amended as follows:

The exception is hereby deleted in its entirety.

Section 102.8.1, "Conflicts," is hereby deleted in its entirety and replaced with the following:

102.8.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.8.2, "Provisions in referenced codes and standards," is hereby deleted in its entirety.

Part 2 – Administration and Enforcement, Sections 103 through 110, including all subsections, is hereby deleted in its entirety.

(2) CHAPTER 2, "Definitions" is hereby amended as follows:

Section 201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Building Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Existing Building Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202, "General Definitions," is hereby amended as follows:

The definition of "CODE OFFICIAL," in Section 202, "General Definitions," is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

The following definitions are hereby added to Section 202, "General Definitions":

Section 202, "Definitions," is amended to add the following definitions:

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition that could cause serious or life threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other legal entity.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION," is hereby amended as follows:

Section C101.1, "Title," is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section C101.2, "Scope," is hereby deleted in its entirety and replaced with the following:

C101.2 Scope. This code applies to commercial buildings and the buildings' sites and associated systems and equipment. Group R-2 when defined as a Commercial Building by section C202, shall have the option of complying under the Residential Provisions of the code, regardless of height. Once defined as such on the submittal documents, all components of the Residential Provisions shall be followed.

Part 2 – Administration and Enforcement, Sections C103 through C109, including all subsections, is hereby deleted in its entirety.

(2) CHAPTER 2, "Definitions," is hereby amended as follows:

Section C201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

C201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section C201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

C201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code, or International Existing Building Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section C202, "General Definitions," is hereby amended as follows:

The definition of CODE OFFICIAL in Section C202, "General Definitions," is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section C202, "General Definitions," is amended to add the following definitions:

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(3) Chapter 4, "COMMERCIAL ENERGY EFFICIENCY," is hereby amended as follows:

C401.2, "Application," is hereby deleted in its entirety and replaced with the following:

C401.2 Application. Commercial buildings shall comply with one of the following:

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

2. The requirements of Sections C402 through C405. In addition, commercial buildings shall comply with Section C406 and tenant spaces shall comply with Section C406.1.1.

3. The requirements of sections C402.5, C403.2, C403.3 through C403.3.2, C403.4 through C403.4.2.3, C403.5.5, C403.7, C403.8.1 through C403.8.4, C403.10.1 through C403.10.3, C403.11, C403.12, C404, C405, and C407. The building energy costs shall be equal to or less than 85 percent of the standard reference design building.

4. Compliance with the provisions of Section C408 are optional.

(4) CHAPTER 1 [RE], "SCOPE AND ADMINISTRATION," is hereby amended as follows:

Section R101.1, "Title," is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section R101.2, "Scope," is hereby deleted in its entirety and replaced with the following:

R101.2 Scope. This code applies to residential buildings and the building sites and associated systems and equipment. 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.

Part 2 – Administration and Enforcement, Sections R103 through R109, including all subsections, is hereby deleted in its entirety.

(5) Section R201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

R201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section R201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Existing Building Code, or International Property Maintenance Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section R202, "General Definitions," is hereby amended as follows:

The definition of CODE OFFICIAL in Section R202, "General Definitions," is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section R202, "General Definitions," is amended to add the following definitions:

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other legal entity.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(1) CHAPTER 1, PART 1, "SCOPE AND APPLICATION," is hereby amended as follows:

Section 101.1, "Title," is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.4.1, "Conflicts," is hereby deleted in its entirety and replaced with the following:

102.4.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Part 2 – Administration and Enforcement, Sections 103 through 117, including all subsections, is hereby deleted in its entirety.

CHAPTER 2, "Definitions," is hereby amended as follows:

Section 201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Property Maintenance Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202, "General Definitions," is hereby amended as follows:

The definition of CODE OFFICIAL is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202, "General Definitions," is amended to add the following definitions:

CONFLICT: A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER: A condition that could cause serious or life threatening injury at any time.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

TEMPORARY. A period not exceed 180 days.

(1) ARTICLE 90, "INTRODUCTION," is hereby amended as follows:

Section 90.1.1, "Incorporation of International Building Code Administrative Provisions," is hereby added as follows:

90.1.1 Incorporation of International Building Code Administrative Provisions. The administrative provisions of the International Building Code as adopted and amended by the governing authority are hereby incorporated into this code.

Section 90.1.2, "Conflicts," is hereby added as follows:

90.1.2 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 90.1.3, "Appeals," is hereby added as follows:

90.1.3 Appeals. Any person shall have the right to appeal a decision of the building official to the board of appeals as provided in Section 113, Board of Appeals, Sections 113.1 through 113.5 and all subsections therein of the International Building Code as adopted and amended by the governing authority.

Section 90.2(B), "Not Covered," is hereby amended by adding item (6) to the list of installations not covered, as follows:

90.2(B) Not Covered (6) Buildings and structures regulated by the International Residential Code for One- and Two-Family Dwellings as adopted and amended by the governing authority.

(2) Chapter 1, "General," is hereby amended as follows:

Article 100, "Definitions," section titled "Scope," is hereby by amended to read as follows:

Scope. This article contains only those definitions essential to the application of this Code. It is not intended to include commonly defined general terms or commonly defined technical terms from related codes and standards. In general, only those terms that are used in two or more articles are defined in Article 100. Other definitions are included in the article in which they are used but may be referenced in Article 100.

Part I of this article contains definitions intended to apply wherever the terms are used throughout this Code. Part II contains definitions applicable to installations and equipment operating at over 1000 volts, nominal. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Article 100, Part I, "General," is hereby amended to add the following definitions:

BUILDING OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group legal entity.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(3) Chapter 7, "Special Conditions," Article 706, "Energy Storage Systems," Part I, "General," is hereby amended as follows:

Section 706.1, "Scope," is amended as follows:

706.1 Scope. This article applies to all installed energy storage systems (ESS) operating over 50 volts ac or 60 volts dc that may be stand-alone or interactive with other electric power production sources.

(1) The following Chapter titled, "APPLICATION AND ADMINISTRATION," is hereby amended as follows:

Section 101.1, "General," is hereby amended by adding subsection 101.1.1, "Incorporation of International Building Code Administrative Provisions," as follows:

101.1.1 Incorporation of International Building Code Administrative Provisions. The administrative provisions of the International Building Code as adopted and amended by the governing authority are hereby incorporated into this code.

Section 106.2, "Definitions," is hereby amended by adding the following definitions:

BUILDING OFFICIAL. The individual charged with the administration and enforcement of this code and all other technical codes, including the construction related provisions of the International Fire Code, governing the construction, installation, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected to or attached to such structures as adopted and amended by the governing authority, or that individual's duly authorized representative(s). The technical codes referred to herein include by way of example, but not limitation, the International Residential Code for One and Two Family Dwellings, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the International Property Maintenance Code, the NFPA 70 National Electric Code, the International Energy Conservation Code, the ICC A117.1 Accessible and Usable Buildings and Facilities, the NFPA 99 Standard for Health Care Facilities, and the 2010 ADA Standards for Accessible Design as adopted and amended by the governing authority.

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition which could cause serious or life-threatening injury at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other legal entity.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

Section 107, "Conflicts," is hereby added as follows:

107 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply unless otherwise provided by law or as otherwise expressly provided herein.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

(1) CHAPTER 1, "Administration," is hereby amended as follows:

Section 1.6.3, "Incorporation of International Building Code Administrative Provisions," is hereby added as follows:

1.6.3 Incorporation of International Building Code Administrative Provisions. The administrative provisions of the International Building Code as adopted and amended by the governing authority are hereby incorporated into this code.

(2) Section 2.1, "General," subsection (2) is hereby deleted and replaced with the following:

2.1 General. (2) Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

(3) CHAPTER 3, "Definitions," is hereby amended as follows:

Section 3.1, "General," is hereby deleted in its entirety and replaced with the following:

3.1 General. The definitions contained in this chapter shall apply to the terms used in this code. Where terms are not defined in this chapter or within another chapter, they shall be defined using their ordinarily accepted meanings within the context in which they are used. Merriam-Webster's Collegiate Dictionary, 11th edition, shall be the source for the ordinarily accepted meaning. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 3.2.2, "Authority having Jurisdiction (AHJ)," is hereby deleted in its entirety and replaced with the following:

3.2.2 Authority Having Jurisdiction (AHJ). The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Chapter 3, "Definitions," is hereby amended to add the following definitions:

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition that could cause serious or life threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other legal entity.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(1) CHAPTER 1, "ADMINISTRATION," is hereby amended as follows:

Section R101.1, "Title," is hereby amended as follows:

Insert the words "City of Goodyear" as the name of the jurisdiction.

Section R102.4.1, "Conflicts," is hereby deleted in its entirety and replaced with the following:

R102.4.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.4.2, "Provisions in referenced codes and standards," is hereby deleted in its entirety.

Part 2 – Administration and Enforcement, Sections R103 through R114, including all subsections, is hereby deleted in its entirety.

(2) CHAPTER 2, "DEFINITIONS," is hereby amended as follows:

Section R201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

R201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section R201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

R201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Building Code, International Property Maintenance Code, or International Existing Building Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section R202, "Definitions," is amended to delete the definition of Building Official in its entirety and to replace it with the following:

BUILDING OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section R202, "Definitions," is amended to delete the definition of Fire Separation Distance in its entirety and to replace it with the following:

FIRE SEPARATION DISTANCE. The distance measured from the building face of wall framing to one of the following:

1. To the closest interior lot line; or

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

3. To an imaginary line between two buildings on the lot.

The distance shall be measured at a right angle from the face of the wall framing.

Section R202, "Definitions," is amended to delete the definition of Owner in its entirety and to replace it with the following:

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Section R202, "Definitions," is amended to delete the definition of Person in its entirety and to replace it with the following:

PERSON. An individual, corporation, partnership or any other legal entity.

Section R202, "Definitions," is amended to add the following definitions:

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lots.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.

OCCUPANCY. The purpose for which a building, structure, or portion thereof is utilized or occupied.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

PREMISES. A lot, plot or parcel of land, easement or public way including any structures thereon.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.

TEMPORARY. For a period not to exceed 180 days.

(3) CHAPTER 3, "BUILDING PLANNING," is hereby amended as follows:

Table R301.2(1), "Climatic and Geographic Design Criteria," is hereby amended as follows:

Table R301.2(1). CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

Ground snow load	N/A
Speedd (mph)	115 mph, Exposure B (unless otherwise designated by the Building Official)
Topographic effectsk	No
Seismic design categoryf	B
Weatheringa	NEGLIGIBLE
Frost line depthb	12"
Termitec	MODERATE TO HEAVY
Winter design temperaturee	34°F
Ice barrier underlayment requirementsh	N/A
Flood hazardsg	(a) July 9, 1984, (b) July 19, 2001
Air freezing indexi	50°F
Mean annual temperaturej	70°F

Table R301.2(1) (cont.). CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

Manual J design criteria

Elevation: 968'	968'
latitude	33
Winter heating	37°F
Summer cooling	111° F
Altitude correction factor	1
Interior design temperature	75°F summer/70°F winter
Design temperature cooling	111°F
Heating temperature difference	33°F (70-37)
Cooling temperature difference	36°F (111-75)
Wind velocity heating	4.5mph
Wind velocity cooling	9.3mph
Coincident wet bulb	70°F
Daily range	16°F-25°F
Winter humidity	52%
Summer humidity	19%

•For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(4). The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.

b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(5)A]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e. The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. [Also see Figure R301.2(1).]

f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective FIRMS and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.

h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."

i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."

j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."

k. ln accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

l. In accordance with Figure R301.2(5)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

m. In accordance with Section R331.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table la or 1 b from ACCA Manual J or established criteria determined by the jurisdiction.

o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6).

R313.2, "One- and two-family dwellings automatic fire systems," is amended as follows:

R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system may be installed in one- and two-family dwellings.

Section R326, "Swimming pools, Spas and Hot Tubs," is hereby deleted in its entirety, and replaced with the following:

R326 Swimming pools, Spas and Hot Tubs

R326.1 General. The City of Goodyear Zoning Code shall be used to determine barrier requirements for swimming pools.

(4) CHAPTER 11, "ENERGY EFFICIENCY," is hereby amended as follows:

Section N1101.15.1 (R401.2.1), "Alternative approach for compliance," is hereby added as follows:

N1101.15.1 (R401.2.1) Alternative approach for compliance. A Home Energy Rating System ("HERS") Index of 64 or less, confirmed in writing by a Residential Energy Services Network certified energy rater may be used in place of the approach described in section N1101.15. Compliance may be demonstrated by sampling in accordance with Chapter 6 of the Mortgage Industry National Home Energy Rating Systems Standard as adopted by the Residential Energy Services Network.

Section N1102.4.1.2.1, "RESNET Testing & Inspection Protocol," is hereby added as follows:

N1102.4.1.2.1 RESNET Testing & Inspection 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 N1102.4.1.1, N1102.4.1.2 and N1103.2.2. and shall meet the following conditions:

1. Third Party Testing and Inspections shall be completed by RESNET certified Raters or Rating Field Inspectors 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 Rating 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 and 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 of the IECC shall be met.

5. Alternate testing and inspection programs and protocols shall be allowed when approved by the building official.

Section N1103.10.3 (R403.10.3), "Covers," is hereby deleted in its entirety.

Table N1106.4 (R406.4) is amended as follows:

Appendix K, "SOUND TRANSMISSION," is deleted in its entirety and replaced with the following:

Appendix K SOUND TRANSMISSION

AK102.2. Sound Attenuation. In order to achieve an interior noise level of 45 decibels, all residences shall be constructed using the following minimum construction standards:

1. Exterior wall penetrations by pipe ducts or conduits shall be sealed.

2. Mail boxes shall not be used through the door or wall.

3. Windows shall have 2 panes of glass and a sound transmission rating of STC-22. All operable windows shall be weather stripped and air tight in accordance with ASTM E-283-84-T Standard. Perimeter window frames shall be sealed.

4. All exterior side hinge doors shall be solid core wood or insulated hollow metal at least 1 inch thick and fully weather stripped. All exterior doors other than side hinge doors shall be solid wood, foam filled fiberglass or metal construction.

5. Fire places shall be provided with well-fitting dampers.

6. Exterior walls shall achieve a minimum overall thermal resistance rating of R19. (Exterior walls shall be at least four inches in nominal thickness and shall be finished on the outside with block, siding, sheathing, or stucco on one inch Styrofoam. A minimum of R-13 fiberglass or cellulose insulation shall be installed continuously throughout the cavity space within the wall.)

7. All roof spaces shall achieve a minimum overall thermal resistance rating of R30.

AK102.2.1. Certification. A certified statement by a licensed architect or engineer certifying that the residence achieves the requirement of a maximum interior noise level of 45 decibels is required for all construction. The certified statement shall include documentation supporting the statement.

Exception. Construction outside the areas designated as having a day-night average sound level 65 decibels or higher as determined by the use of the1988 noise contour lines developed by the Maricopa County Association of Governments that complies with the construction standards of Section 1206.4.1 shall be deemed to have achieved the interior noise level of 45 decibels, and shall not require the certified statement.

(1) CHAPTER 1, "SCOPE AND ADMINISTRATION," is hereby amended as follows:

Section 101.1, "Title," is hereby amended as follows:

Insert the words "City of Goodyear" as the name of jurisdiction.

Section 102.7, "Referenced codes and standards," is hereby amended as follows:

The exception is hereby deleted in its entirety.

Section 102.7.1, "Conflicts," is hereby deleted in its entirety and replaced with the following:

102.7.1 Conflicts. Where conflicts occur between provisions of this code and standards referenced in this code or between the provision of this code and any state, local and/or federal laws, rules, and regulations, including by way of example, the City of Goodyear Engineering Design Standards and Policies as adopted and amended by the governing authority and technical codes as adopted and amended by the governing authority, the most restrictive requirements apply.

Exceptions:

1. Where enforcement of a code provision would violate the conditions of the listing of equipment or appliances as approved by the City of Goodyear, the conditions of the listing and manufacturer's instructions shall apply.

2. Where there is a provision contained in another technical code as adopted and amended by the governing authority that is not addressed in this code then the provision of the technical code shall apply.

Section 102.7.2, "Provisions in referenced codes and standards," is hereby deleted in its entirety.

Part 2 – Administration and Enforcement, Sections 103 through 106, 111, and 112, including all subsections, is hereby deleted in its entirety.

Section 107.1, "Notice to persons responsible," is hereby deleted in its entirety and replaced with the following:

107.1 Notice of violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the building official may provide a written warning by attaching the warning in a conspicuous place in or about the structure affected by such notice. Such warnings shall include at least the following, a description of the real estate sufficient for identification, description of the violation(s) and why the notice is being issued and the corrective actions that need to be taken. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred and the building official wants to prosecute such violation, notice of the violation or order shall be given to the person(s) responsible for the violation in the manner prescribed in Sections 107.2 and 107.3 below.

Section 107.2, "Form," is hereby deleted in its entirety and replaced with the following:

107.2 Form of notice. A notice of violation or order prescribed in Section 106.2 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Correction orders shall be included in the notice which shall provide a reasonable time to make the repairs and improvements required or to take other such actions needed for compliance with the provisions of this code.

5. Include information on the right to appeal the notice of violation.

6. Include a statement of the right to file a lien in accordance with the provisions of Section 106.3 Prosecution of violation.

Section 107.3, "Method of service," is hereby deleted in its entirety and replaced with the following:

107.3 Method of service. A notice of violation or order prescribed in Section 106.2 shall be deemed to be served if a copy of the notice or order is:

1. Delivered personally; or

2. Mail by certified mail with return receipt requested to the last known address.

3. If the notice or order is returned showing that the notice or order was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or order.

If more than one person owns a building or structure that is the subject of a notice or order service to just one of the owners satisfies the requirement of providing the owner notice.

Service of a notice or order in the foregoing manner upon an owner's agent, or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 108.1, "General," is hereby deleted in its entirety and replaced with the following:

108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, the code official shall have the authority to condemn the structure pursuant to the provisions of this code.

Section 111, "Means of Appeal," including sections 111.1 through 111.8 and all subsections therein, is deleted in its entirety and replaced with the following:

SECTION 111 MEANS OF APPEAL

111.1 Appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as provided in Section 113 Board of Appeals, of the International Building Code as adopted and amended by the governing authority.

(2) CHAPTER 2, "Definitions," is hereby amended as follows:

Section 201.1, "Scope," is hereby deleted in its entirety and replaced with the following:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning shown in this chapter regardless of whether the words are italicized, capitalized, or otherwise designated in the text as being a defined term.

Section 201.3, "Terms defined in other codes," is hereby deleted in its entirety and replaced with the following:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Residential Code for One and Two Family Dwellings, International Building Code or International Existing Building Code as adopted and amended by the governing authority, such terms shall have the meanings ascribed to them in those codes.

Section 202, "General Definitions," is hereby amended as follows:

The definition of "CODE OFFICIAL" is hereby deleted in its entirety and replaced with the following:

CODE OFFICIAL. The Building Official as defined in the International Building Code as adopted and amended by the governing authority.

Section 202, "Definitions," is amended to add the following definitions:

CONFLICT. A situation in which it is impossible to comply with provisions applicable to the same subject; a conflict does not exist when different provisions address the same subject and can be complied with without violating either provision.

GOVERNING AUTHORITY. The Mayor and Council of the City of Goodyear.

TEMPORARY. For a period not to exceed 180 days.