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AGENDA ITEM #: 13.
DATE: 07/12/2021

AI #:338
CITY COUNCIL ACTION REPORT
 
SUBJECT: AMENDMENT OF SECTION 9-1-1 OF ARTICLE 9-1 OF THE GOODYEAR CITY CODE
 
STAFF PRESENTER(S): Randy Westacott, Chief Building Official

SUMMARY

Amend Section 9-1-1 of Goodyear City Code to coordinate with City User Fee Schedule

Recommendation

ADOPT ORDINANCE NO. 2021-1504 AMENDING SECTION 9-1-1 OF ARTICLE 9-1 OF CHAPTER 9 (BUILDINGS AND BUILDING REGULATIONS) OF THE GOODYEAR CITY CODE BY REVISING THE SECTIONS OUTLINED BELOW; PROVIDING TERMS FOR IMPLEMENTATION, CORRECTIONS OF SCRIVENERS ERRORS, SEVERABILITY, REPEAL AND AN EFFECTIVE DATE. (Randy Westacott, Chief Building Official)

FISCAL IMPACT

There are no new costs to the city created with the modification of Section 9-1-1 of Article 9-1 of Chapter 9 of the Goodyear City Code. The proposed revisions do include removing all Building Division fees for permitting and plan review and placing them in the Goodyear Municipal User Fee Schedule. As a result, no impact to revenues will be realized.

BACKGROUND AND PREVIOUS ACTIONS

The code adoption process is typically done every three years to progress our community with the most recently developed life safety construction codes. When the adoption takes place appendices within the codes are not adopted unless specifically identified. Council approved the last adoption of the 2018 family of codes on October 28, 2019 whereby two of these appendices were missed.

From the International Plumbing Code Appendix E, for sizing water distribution pipe, was missed and is being identified for adoption in this amendment. From the International Residential Code Appendix H, for patios and patio enclosures, was missed and being identified for adoption. These two modifications to city code section 9-1-1 of article 9.1 chapter 9 of Goodyear city code will provide additional clarity for code administration related to these two topics.

In the past building permit and plan review fees have been written into the code amendments and adopted as law. This practice has created confusion of users over the years when trying to determine their fees associated with permitting. Combining the fees for building and fire permit and plan review into the city user fee schedule will provide one location for all fess. This solitary location will provide a better customer service experience allowing access to all fees in one location.

The fees have been, and will continue to be based on valuation of construction as published by the Building Safety Journal in the building valuation data table released twice per year.

STAFF ANALYSIS

The goal in updating the City’s Construction Code in this manner is to incorporate missing guidance for water pipe sizing, residential patio enclosures and move the building and fire plan review and permit fees into the city user fee schedule. This amendment will provide codified direction on water pipe sizing and residential patio enclosures. This amendment will also provide one location for access to all city user fees, and reduce the amount of searching one must do within the current structure.

The fee provisions in the technical codes state that the fees for permits are to be paid in accordance with the schedule adopted by the Mayor and Council.  These fees have been updated as part of a fee study and will now be located in the City’s Municipal User Fee Schedule for ease of use. The City’s Municipal User Fee Schedule is proposed for adoption as a separate action on tonight’s Council agenda.
The details and explanation of the proposed changes to Section 9-1-1 of Goodyear City Code are shown below.

101.4.3 Plumbing (This entire section is added to keep all code language in one place. This addition simply provides the water pipe sizing in Appendix E)
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.

101.4.11 Residential (This amendment brings in Appendix H for residential patio enclosures)
The provisions of the International Residential Code for One and Two-Family Dwellings including Appendix Chapter 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.

109.1 Payment of Fees. (This amendment removed additional language about fees up front and remaining fees after additional review)
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. 

109.1.1 Building Permit Fees. (This amendment provides a location of permit fee determination)
Building permit fees for new construction, buildings and additions are to be calculated based on the Goodyear Municipal User Fee Scheduled adopted by City Council.

109.1.2 Building Plan Review Fees.  (This amendment provides direction on how plan review fees are calculated)
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 Council.

109.1.3 Fire Permit Fees (This amendment deletes this section in its entirety and moves the fees to the City’s User Fee Schedule)
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.

109.1.4 Fire Plan Review Fees (This amendment deletes this section in its entirety and moves the fees to the City’s User Fee Schedule)
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.

109.3 Building permit valuations (This amendment removes confusing language on first run tenant improvements, adds language to clarify the foundation only permit process, and increased the reduction from 65% to 80%. This will not have an impact on revenues in that we have issued only three foundation-only permits in the last five years. It also removed some duplicated language)

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.

109.7 Public School Permit Fee Waiver.  (This amendment modified language to coordinate with the City’s User Fee Schedule)
Except as otherwise provided herein, the 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, re-inspection fees, replications of plans, stamping of additional approved 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 (This amendment deletes this section in its entirety and moves the fees to the City’s User Fee Schedule)
These are the balance of improvements being recommended to reduce the volume of amendment language related to code adoption, improve code administration and the user interface with fees.

Attachments