BUILDING SAFETY
Mesa City Code § 4-1-3
in effect4-1-3: - BUILDING SAFETY
(A) Creation of Enforcement Agency. There is hereby established a code enforcement agency of the Development Services Department of the City of Mesa known as the Building Safety Division under the administrative and operational charge of the Building Safety Director. (4242)
(B) Duties and Powers. The Building Safety Director is hereby authorized and directed to enforce the provisions of this Chapter and technical codes. The Building Safety Director shall have the authority to render interpretations of this Chapter and the technical codes and to adopt policies and procedures in order to clarify the application of their provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this Chapter and the technical codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Chapter or the technical codes. (4242)
(C) Deputies. In accordance with any applicable City procedures, and with the concurrence of the Development Services Manager, the Building Safety Director shall have the authority to appoint deputy building safety directors, technical officers, inspectors, plan examiners, and other employees. Such employees shall have powers as delegated by the Building Safety Director. (4242)
(D) Applications and Permits. The Building Safety Director shall receive applications, review construction documents, and issue permits for the erection, and alteration, demolition, and moving of buildings and structures, inspect the premises where such permits have been issued, and enforce compliance with the provisions of this Chapter and the technical codes. The Building Safety Director shall issue all necessary notices or orders to ensure compliance with this Chapter and the technical codes. (4242)
(E) Inspections. The Building Safety Director shall make all of the required inspections, or the Building Safety Director shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Safety Director is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the Development Services Manager. (4242)
(F) Identification. The Building Safety Director shall carry proper identification when inspecting structures or premises or otherwise in the performance of duties under this Chapter or the technical codes. (4242)
(G) Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this Chapter or the technical codes, or where the Building Safety Director has reasonable cause to believe there exists in a structure or upon a premises a condition contrary to or in violation of this Chapter or the technical codes making the structure or premises unsafe, dangerous, or hazardous, the Building Safety Director is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Chapter or the technical codes, provided that if such structure or premises be occupied, that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Safety Director shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Safety Director shall have recourse to the remedies provided by law to secure entry. (4242)
(H) Department Records. The Building Safety Director shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention in the Division's approved retention schedule. (4242)
(I) Approved Materials and Equipment. Materials, equipment, and devices approved by the Building Safety Director shall be constructed and installed in accordance with such approval. The use of used materials meeting the requirements of this Chapter or the technical codes for new materials is permitted, subject to the approval of the Building Safety Director. (4242)
(J) Reasonable Modifications and Accommodations. An owner, representative of an owner, individual with a disability, or representative of an individual with a disability may request a reasonable modification or accommodation ("modification") from any provision of this Chapter or the technical codes. If a modification is requested by any person other than the owner, the owner's authorization evidenced by the owner's signature on the application for modification is required. Application for a modification must be submitted to the Building Safety Director. The Building Safety Director may approve, approve with stipulations, or deny the requested modification, or may approve an alternative modification which provides the applicant with an equivalent level of benefit. All of the following findings are required to approve a modification: (1) compliance with the strict letter of this chapter or the technical codes is impractical due to a specific, individualized reason described in the application; (2) the modification meets the purpose and intent of this Chapter and the technical codes; (3) the modification will not lessen the health, life safety, or fire safety requirements of this chapter or the technical codes; and (4) the modification does not result in an undue financial or administrative burden on the City or a fundamental alteration to the nature of a City Code, policy, or regulation. The Building Safety Director will issue a written decision stating the basis for the approval, approval with stipulations, or denial of the modification. The applicant will be notified of the decision and the decision will be maintained in the records of the Building Safety Division.
(K) Alternative Materials, Design, and Methods of Construction and Equipment. The provisions of this Chapter and the technical codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this Chapter or the technical codes, provided any such alternative is approved by the Building Safety Director. An alternative material, design, or method of construction may be approved where the Building Safety Director finds the proposed design is satisfactory and complies with the intent of the provisions of this Chapter and the technical codes, and the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Chapter and the technical codes in quality, strength, effectiveness, fire resistance, durability, and safety. Records of alternative materials, design, and methods of construction approvals shall be recorded and entered in the files of the Building Safety Division. Appeals of such determinations shall be to the Building Board of Appeals, Chapter 2-11, of the Mesa City Code. (4242)
1. Research Reports. Supporting data, where deemed necessary to assist in the approval of materials or assemblies not specifically provided for in this Chapter or the technical codes shall be provided and shall consist of valid research reports from approved sources. (4242)
2. Tests. Whenever there is insufficient evidence of compliance with the provisions of this Chapter or the technical codes, or evidence of material or method does not conform to the requirements of this Chapter or the technical codes, or in order to substantiate claims for alternative materials or methods, the Building Safety Director shall have the authority to require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified in this Chapter or the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Safety Director may approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Safety Director for the period required in the Building Safety Division's approved record retention schedule. (4242)
(L) Stop Work Orders. Whenever the Building Safety Director finds any work regulated by this Chapter or the technical codes being performed in a manner either contrary to the provisions of this Chapter or the technical codes or dangerous or unsafe, the Building Safety Director is authorized to issue a stop work order. (4242)
1. Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. (4242)
2. Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by this Chapter and law. (4242)
3. Appeals. Any person aggrieved by a stop work order issued by the Building Safety Director may appeal such stop work order to the Building Board of Appeals in accordance with the requirements of Chapter 2-11, Mesa City Code. (4242)
(M) Occupancy Violations. When a building or structure or building service equipment therein regulated by this Chapter and the technical codes is being used contrary to the provisions of such codes, the Building Safety Director may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall, after receipt of notice, discontinue the use within the time prescribed by the Building Safety Director and make the building, structure, or portion thereof, comply with the requirements of such codes. (4242)
(N) Authority to disconnect utilities. The Building Safety Director or authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure, or building service equipment therein regulated by this Chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Safety Director shall whenever possible notify the serving utility, the owner, and occupant of the building, structure, or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner, and occupant of the building, structure, or building service equipment, in writing, of such disconnection, immediately thereafter. (4242)
(O) Authority to Condemn Building Service Equipment. When the Building Safety Director determines that building service equipment regulated in the technical codes has become hazardous to life, health, or property, or has become unsanitary, the Building Safety Director shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall fix a time limit for compliance with such order. Defective building service equipment shall not be used, operated, or maintained after receiving such notice. (4242)
1. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within twenty-four (24) hours to the serving utility, the owner, and occupant of such building, structure, or premises. (4242)
2. When any building service equipment is used, operated, or maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this Section, the individual or individuals responsible for continued use, operation, or maintenance shall be subject to the penalties described in this Chapter and the Building Safety Director shall institute appropriate action to prevent, restrain, correct, or abate the violation. (4242)
(P) Connection After Order to Disconnect. Persons shall not make connections from an energy, fuel, or power supply nor supply energy or fuel to building service equipment that has been disconnected or ordered to be disconnected by the Building Safety Director or the use has been ordered to be discontinued by the Building Safety Director until the Building Safety Director authorizes the reconnection and use of such equipment. (4242)
(Ord. No. 5685, § 1, 3-21-22)
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT4BURE_CH1MEADCO_4-1-3BUSAFetched: 11/1/2026