Gilbert's Building Safety: The Rules That Matter

Every city handles building safety a little differently. In Gilbert, Arizona, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Building Permits

Gilbert adopts the 2018 International Building Code and 2018 International Residential Code by reference under Code of Gilbert Sec. 10-31, so most new construction, additions and alterations need a town-issued building permit. A locally amended Section R105.2 exempts only limited work, such as detached non-habitable accessory structures of 200 square feet or less, and violations bring escalating civil penalties under Sec. 10-50.

Key details: Adopted code: 2018 IBC and 2018 IRC, Code of Gilbert § 10-31. Permit exemption: Accessory structures ≤200 sq ft, non-habitable. First violation fine: Up to $250. Third violation fine: Up to $1,000. Jail exposure: Up to 6 months after third violation.

Building without a required permit, or continuing work after a notice of violation's cure period expires, exposes the responsible builder, contractor, property owner, or authorized agent to a citation under Sec. 10-50. Penalties escalate: up to $250 for a first violation, up to $500 for a second, and up to $1,000 for a third or later violation, with each day of continued noncompliance a separate offense. After a third violation, the person may face up to six months in jail.

Plumbing Permits

Plumbing work in Gilbert must follow the "International Plumbing Code, 2018 Edition," which Code of Gilbert Sec. 10-34 adopts by reference together with its Appendix B. The town files a copy with the town clerk for public inspection, and Sec. 10-50 folds Sec. 10-34 into the same enforcement track used for the town's other adopted technical codes.

Key details: Adopted code: 2018 IPC + Appendix B, Code of Gilbert § 10-34. Filed copy: Town clerk's office, public inspection. First violation fine: Up to $250. Third violation fine: Up to $1,000. Jail exposure: Up to 6 months after third violation.

A Sec. 10-34 violation follows the Sec. 10-50 civil penalty schedule: up to $250 for a first violation, up to $500 for a second, and up to $1,000 for a third or later violation, with each day of continuing noncompliance a separate offense. A person accumulating a third violation may also be subject to imprisonment of up to six months upon conviction, in addition to the monetary penalty.

Green Building Code

Gilbert has adopted a green building standard, but it is optional. Code of Gilbert Sec. 10-40 adopts the "International Green Construction Code 2018 Edition" by reference, stating it "shall serve as a voluntary code to encourage regulation of the impact of buildings and structures on the environment," rather than a mandatory permit requirement enforced like the town's other technical codes.

Key details: Status: Voluntary, not mandatory. Adopted code: 2018 IgCC, Code of Gilbert § 10-40. Adoption date: Ordinance No. 2472, Jan. 30, 2014. Last amended: Ordinance No. 2739, Nov. 7, 2019. Enforcement: Not listed in § 10-50 penalty sections.

Because Sec. 10-40 is voluntary and is not among the sections listed in Sec. 10-50's civil-penalty enforcement track (10-31 through 10-39 and 10-42) or the separate fire code penalty track for Sec. 10-37, non-adoption of green construction standards on a given project does not itself trigger a citation, fine, or notice of violation under Gilbert's technical-code enforcement scheme.

If you are coming from a city with tighter rules, you will find Gilbert gives residents more flexibility on green building code.

Electrical Permits

Electrical work in Gilbert must comply with the "National Electrical Code, 2017 Edition," which Code of Gilbert Sec. 10-32 adopts by reference and files with the town clerk for public inspection. Because Sec. 10-50 lists Sec. 10-32 among the enforced technical codes, unpermitted or noncompliant electrical work can draw written notice, a citation, and escalating civil penalties.

Key details: Adopted code: 2017 NEC, Code of Gilbert § 10-32. Filed copy: Town clerk's office, public inspection. First violation fine: Up to $250. Third violation fine: Up to $1,000. Jail exposure: Up to 6 months after third violation.

A violation of the adopted 2017 NEC under Sec. 10-32 is enforced through Sec. 10-50's escalating civil penalty schedule: up to $250 for a first violation, up to $500 for a second, and up to $1,000 for a third or subsequent violation, with each day of continuing noncompliance treated as a separate offense. A person who accumulates a third violation may also face up to six months in jail upon conviction.

The Bottom Line

Gilbert's building safety rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Gilbert is broadly strict or permissive.

This guide is based on Gilbert's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.