HomeMy WebLinkAboutOrdinance 6850113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6850
File Number: 2025-294
ADMINISTRATIVE ITEM (AMEND CHAPTER 94 - FIRE PREVENTION):
AN ORDINANCE TO AMEND CHAPTER 94, FIRE PREVENTION OF THE FAYETTEVILLE CODE OF
ORDINANCES TO MODIFY EXISTING FEES AND CREATE A FEE SCHEDULE
WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services,
including those associated with development review; and
WHEREAS, in February 2023, the City Council approved a contract with MGT for an updated user fee study whose
core objectives include evaluating and improving the current fee structure, defining the cost of City services, and
recommending fees based on the cost of service; and
WHEREAS, MGT completed a review of City development review -related services, the hourly rates of staff providing
those services, and the time providing each service in six areas that include Building Safety, Business Licensing,
Engineering, Fire, Planning, and Water & Sewer; and
WHEREAS, the most prominent finding of the study is a significant discrepancy between the cost of services provided
and the user fees charged, totaling approximately $2,679,307.00; and
WHEREAS, among the groups included in the study, the Fire Marshal's Office is unique for not currently collecting
fees despite offering a number of development -related and commercial -oriented services, ranging from permits for
blasting or pyrotechnic events to reviewing fire alarm and sprinkler system design; and
WHEREAS, on July 2, 2024, the City Council passed Resolution 182-24 expressing intent to implement the study's
findings; and
WHEREAS, the proposed amendments to Chapter 94, Fire Prevention include formalization of several existing
services, including pyrotechnic and special effects, blasting, fire performance, tent inspection permits, and fire alarm
and fire sprinkler system permits; and
WHEREAS, fees will be implemented at 1/3rd of the recommended fee amount; and
WHEREAS, implementation of the new fees will require manual entry by staff and, therefore, staff has proposed a
staggered rollout during which time users may be charged the previous fee or the updated fee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Page 1
Ordinance: 6850
File Number: 2025-294
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.09 (B) Sale of Fireworks by
changing the permit fee from $500.00 to $225.00 per location and one-half (1/2) of the permit fee from $250.00 to
$112.50 that shall be placed in a revenue account.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 94.10 Fees/Schedule and enacts
a new § 94.10 as follows:
"94.10 Fees/Schedule
A. Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost incurred in connection with
processing applications, plan reviews, amendments, permits, acceptance inspections and other matters
pertaining to fire protection and fire protection systems in the City of Fayetteville.
B. Fee Schedule.
Indoor Pyrotechnic and Special Effects Permit
$34.00
Blasting Permit
$34.00
Fire Alarm and Detection System Permit
$119.00
Fire Sprinkler System Permit (NFPA 13 or NFPA 13R systems)
$119.00
Fire Sprinkler System Permit (NFPA 13D system)
$10.00
Alternative Automatic Fire Extinguishing System Permit
$25.00
Fire Performance Permit
$8.00
Tent Inspection Permit
$34.00
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes staff to stagger the
implementation of the fees provided in Sections 1 and 2 so that those fees shall not exceed the amounts set forth in
those sections for a period of four weeks after the effective date of this ordinance. At the end of the four -week period,
those fees shall be set at the amounts set forth in Exhibit A.
PASSED and APPROVED on March 18, 2025
Approved:
Molly Rawn, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $299.44
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 18, 2025
CITY COUNCIL MEMO
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
FROM: Jonathan Curth, Development Services Director
SUBJECT: ADMINISTRATIVE ITEM (AMEND CHAPTER 94 - FIRE PREVENTION):
2025-294
RECOMMENDATION:
City staff recommend approval of an amendment to Chapter 94, Fire Prevention of the Code of Ordinances as
described in Exhibit 'A'.
BACKGROUND:
The City has a long and well -established history of charging user fees for a number of City services, including
those associated with development review. The most recent action taken in this regards occurred in February
2023 when the City Council approved a contract with MGT for an updated user fee study. Core objectives of
the study include evaluating and improving the current fee structure, defining the cost of City services, and
recommending fees based on the cost of service.
MGT completed a review of City development review -related services, the hourly rates of staff providing those
services, and the time providing each service in six areas. These include Building Safety, Business Licensing,
Engineering, Fire, Planning, and Water & Sewer. The most prominent finding of the study is a significant
discrepancy between the cost of services provided and the user fees charged, totaling approximately
$2,679,307. Among the groups included in the study, the Fire Marshal's Office is unique for not currently
collecting fees despite offering a number of development -related and commercial -oriented services, ranging
from permits for blasting or pyrotechnic events to reviewing fire alarm and sprinkler system design.
Recovery `23/'24 Revenue Cost Subsidy
Fire: 0% $- $45,580 $45,580
All User Fees: 55% $2,679,307 $4,843,998 $2,164,691
This information along with the larger user fee study was shared with the City Council at their June 25th
Agenda Session, after which a resolution was adopted at the Council's July 2nd meeting expressing intent to
implement the study's findings (attached; Resolution 182-24).
DISCUSSION:
The proposed amendment to Chapter 94, Fees includes the following:
• Formalization of several existing services including:
o Pyrotechnic and special effect, blasting, fire performance, and tent inspection permits
o Fire alarm and fire sprinkler system permits
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Fees will be implemented at 1/3rd of the recommended fee amount
Recognizing the scope of the changes proposed in the overall user fee study, staff is recommending a
staggered implementation of fees, with those proposed herein to be effective four weeks from the standard
effectiveness date of an ordinance.
BUDGET/STAFF IMPACT:
ATTACHMENTS: SRF (#3) , Exhibit A (#4), 94.09 & 94.10 Strikethrough & Redlines (#5), 182-24 Resolution
(#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2025-294
ADMINISTRATIVE ITEM (AMEND CHAPTER 94 - FIRE PREVENTION):
AN ORDINANCE TO AMEND CHAPTER 94, FIRE PREVENTION OF THE
FAYETTEVILLE CODE OF ORDINANCES TO MODIFY EXISTING FEES AND CREATE A FEE
SCHEDULE
WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of
City services, including those associated with development review; and
WHEREAS, in February 2023, the City Council approved a contract with MGT for an updated user fee
study whose core objectives include evaluating and improving the current fee structure, defining the cost
of City services, and recommending fees based on the cost of service; and
WHEREAS, MGT completed a review of City development review -related services, the hourly rates of
staff providing those services, and the time providing each service in six areas that include Building
Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer; and
WHEREAS, the most prominent finding of the study is a significant discrepancy between the cost of
services provided and the user fees charged, totaling approximately $2,679,307.00; and
WHEREAS, among the groups included in the study, the Fire Marshal's Office is unique for not
currently collecting fees despite offering a number of development -related and commercial -oriented
services, ranging from permits for blasting or pyrotechnic events to reviewing fire alarm and sprinkler
system design; and
WHEREAS, on July 2, 2024, the City Council passed Resolution 182-24 expressing intent to
implement the study's findings; and
WHEREAS, the proposed amendments to Chapter 94, Fire Prevention include formalization of several
existing services, including pyrotechnic and special effects, blasting, fire performance, tent inspection
permits, and fire alarm and fire sprinkler system permits; and
WHEREAS, fees will be implemented at 1/3rd of the recommended fee amount; and
WHEREAS, implementation of the new fees will require manual entry by staff and, therefore, staff has
proposed a staggered rollout during which time users may be charged the previous fee or the updated
fee.
Page 1
Ordinance: 6850
File Number: 2025-294
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.09 (B) Sale of
Fireworks by changing the permit fee from $500.00 to $225.00 per location and one-half (1/2) of the
permit fee from $250.00 to $112.50 that shall be placed in a revenue account.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §
94.10 Fees/Schedule and enacts a new § 94.10 as follows:
"94.10 Fees/Schedule
A. Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost incurred in
connection with processing applications, plan reviews, amendments, permits, acceptance
inspections and other matters pertaining to fire protection and fire protection systems in the City
of Fayetteville.
B. Fee Schedule.
Indoor Pyrotechnic and Special Effects Permit
$34.00
Blasting Permit
$34.00
Fire Alarm and Detection System Permit
$119.00
Fire Sprinkler System Permit (NFPA 13 or NFPA 13R systems)
$119.00
Fire Sprinkler System Permit (NFPA 13D system)
$10.00
Alternative Automatic Fire Extinguishing System Permit
$25.00
Fire Performance Permit
$8.00
Tent Inspection Permit
$34.00
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes staff to stagger
the implementation of the fees provided in Sections 1 and 2 so that those fees shall not exceed the
amounts set forth in those sections for a period of four weeks after the effective date of this ordinance.
At the end of the four -week period, those fees shall be set at the amounts set forth in Exhibit A.
Page 2
City of Fayetteville Staff Review Form
2025-294
Item ID
3/18/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 2/28/2025 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
Administrative Item (Amend Chapter 94 - Fire Prevention): Submitted by CITY STAFF. The proposed code change
will amend Chapter 94, Fire Prevention to modify existing fees and create a fee schedule.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
94.09 Sale Of Fireworks
(A) No person shall sell or distribute any firecrackers, sky rockets, bottle rockets, sparklers, roman candles, or
any other explosive used for amusement purposes, or any other device or composition used to obtain visible
or audible pyrotechnic display, all commonly known as fireworks, except as specifically set out herein.
(B) Fireworks which are not prohibited under state or federal law and which are considered consumer fireworks
as defined under federal law and regulations (27 C.F.R. § 555.11) may be sold between June 28th and July
5th of each year, subject to the provisions set out herein. Any person desiring to sell fireworks must obtain a
permit. The fee for each permit shall be $225.00 per location. One-half (%) of the permit fee ($112.50) shall
be placed in a revenue account of the Fayetteville Fire Department to cover the cost of fire inspections of
locations where fireworks are sold. Before a permit to sell fireworks is issued, the person applying for the
permit must show proof that such location will be insured by a licensed insurance company for
$1,000,000.00 premises liability. A vendor must contact the Fayetteville Fire Department and arrange for an
inspection to ensure compliance with this Code and any other applicable fire code requirements, prior to the
sale of fireworks.
(C) No fireworks shall be sold or stored within a permanent structure. Furthermore, no fireworks stand shall be
located at any place other than one in full compliance with all provisions of law.
(D) Fireworks stands shall not be located within 250 feet of a fuel dispensing facility and must be set back at
least 50 feet from the nearest portion of the street or highway.
(E) Fireworks shall not be sold to a person less than sixteen (16) years of age.
(Ord. No. 5320, 5-18-10)
91.10 Fees/Schedule
(A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost incurred in connection with
processing applications, plan reviews, amendments, permits, acceptance inspections and other matters pertaining
to fire protection and fire protection systems in the City of Fayetteville.
(B) Fee Schedule.
Indoor Pyrotechnic and Special Effects Permit
$34.00
Blasting Permit
$34.00
Fire Alarm and Detection System Permit
$119.00
Fire Sprinkler System Permit (NFPA 13 or NFPA 13R
systems)
$119.00
Fire Sprinkler System Permit (NFPA 13D system)
$10.00
Alternative Automatic Fire Extinguishing System
Permit
$25.00
Fire Performance Permit
$8.00
Tent Inspection Permit
$34.00
(Supp. No. 35)
Created: 2024-12-12 11:47:13 [EST]
Page 1 of 1
94.09 Sale Of Fireworks
(A) No person shall sell or distribute any firecrackers, sky rockets, bottle rockets, sparklers, roman candles, or
any other explosive used for amusement purposes, or any other device or composition used to obtain visible
or audible pyrotechnic display, all commonly known as fireworks, except as specifically set out herein.
(B) Fireworks which are not prohibited under state or federal law and which are considered consumer fireworks
as defined under federal law and regulations (27 C.F.R. § 555.11) may be sold between June 28th and July
5th of each year, subject to the provisions set out herein. Any person desiring to sell fireworks must obtain a
permit. The fee for each permit shall be $51-00225.00 per location. One-half (%) of the permit fee
($250112.0050) shall be placed in a revenue account of the Fayetteville Fire Department to cover the cost of
fire inspections of locations where fireworks are sold. Before a permit to sell fireworks is issued, the person
applying for the permit must show proof that such location will be insured by a licensed insurance company
for $1,000,000.00 premises liability. A vendor must contact the Fayetteville Fire Department and arrange for
an inspection to ensure compliance with this Code and any other applicable fire code requirements, prior to
the sale of fireworks.
(C) No fireworks shall be sold or stored within a permanent structure. Furthermore, no fireworks stand shall be
located at any place other than one in full compliance with all provisions of law.
(D) Fireworks stands shall not be located within 250 feet of a fuel dispensing facility and must be set back at
least 50 feet from the nearest portion of the street or highway.
(E) Fireworks shall not be sold to a person less than sixteen (16) years of age.
(Ord. No. 5320, 5-18-10)
91.10 Fees/Schedule
(A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost incurred in connection with
processing applications, plan reviews, amendments, permits, acceptance inspections and other matters pertaining
to fire protection and fire protection systems in the City of Fayetteville.
(B) Fee Schedule.
Indoor Pyrotechnic and Special Effects Permit
34.00
Blasting Permit
34.00
Fire Alarm and Detection System Permit
119.00
Fire Sprinkler System Permit (NFPA 13 or NFPA 13R
119.00
s stems
Fire Sprinkler System Permit (NFPA 13D system)
10.00
Alternative Automatic Fire Extinguishing System
25.00
Permit
Fire Performance Permit
8.00
Tent Inspection Permit
34.00
(Supp. No. 35)
Created: 2024-12-12 11:47:13 [EST]
Page 1 of 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 182-24
File Number: 2024-222
IMPLEMENT USER FEE STUDY RECOMMENDATIONS (RESOLUTION OF INTENT):
A RESOLUTION OF INTENT TO IMPLEMENT THE RECOMMENDATIONS OF THE 2024 USER FEE STUDY
INCLUDING A FULL COST RECOVERY MODEL, ESTABLISHMENT OF A MASTER FEE SCHEDULE, AND
ANNUAL ADJUSTMENT
WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services,
including those associated with development review; and
WHEREAS, documentation from as early as the 1980s indicates codified fees for project classes that are still familiar
today: lot splits, preliminary plats, large scale developments, and others; and
WHEREAS, in mid-1991, a formal user fee study was initiated but, following a change in the form of Fayetteville's
form of municipal government between 1991 and 1992, implementation was delayed with only portions adopted in the
mid-1990's; and
WHEREAS, in 2003, the City Council approved a contract for a second user fee study, an element of which focused
on Planning and Building Safety; and
WHEREAS, in June 2005, the City Council approved a User Fee Cost Recovery Policy for City Services, but no
discernable action was taken, with many fees from 2024 remaining as they existed in 2004; and
WHEREAS, in February 2023, the City Council approved a contract with MGT for an updated user fee study whose
core objectives include evaluating and improving the current fee structure, defining the cost of City services, and
recommending fees based on the cost of service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to implement the
recommendations of the 2024 User Fee Study including a full cost recovery model, establishment of a master fee
schedule, and annual adjustment.
PASSED and APPROVED on July 2, 2024
Page 1
Resolution: 182-24
File Number: 2024-222
Page 2
Attest: ; ����• i 1 F� "'�►,•
Kara Paxton, City Cl rk Treasurer �P);=
Cj
.��� ��NG i 0IA
Form v1.54
•
NVN AN. R CEI'VE
03/24/2025
media CITY OF FAYETTEViLLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE,AR 72701
Ad number#: 491967
PO#:
Matter of: ORD 6850
AFFIDAVIT•STATE OF ARKANSAS
1, Maria Hernandez-Lopez .do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6850
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates.said newspaper was printed and had a bona fide circulation in said County.
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$299.44.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 03/23/25;NWA nwaonline.com 03/23/25
N
P/, `�
Legal Cler O -
State of ARKANSAS,County of Sebastian _ :- . ,i ,
Subscribed and sworn to before me on this 24th day of March,2025
C )
NOTARY PUBLIC
Ordinance:6850 teville.
File Number:2025-294 B.Fee Schedule.
ADMINISTRATIVE ITEM Indoor Pyrotechnic and Spe-
(AMEND CHAPTER 94 - FIRE cial Effects Permit$34.00
PREVENTION): Blasting Permit$34.00
AN ORDINANCE TO AMEND Fire Alarm and Detection Sys-
CHAPTER 94,FIRE PREVENTION tern Permit $119.00
OF THE FAYETTEVILLE CODE OF Fire Sprinkler System Permit
ORDINANCES TO MODIFY EXIST- (NFPA 13 or NFPA 13R systems)
INS FEES AND CREATE A FEE $119.00
SCHEDULE Fire Sprinkler System Permit
WHEREAS,Fayetteville has a (NFPA 13D system)
long and well-established his- $10.00
tory of charging user fees for a Alternative Automatic Fire Ex-
number of City services,includ- tinguishing System Permit
Mg those associated with fend- $25.00
opment review;and Fire Performance Permit
WHEREAS,in February 2023, $8.00
the City Council approved a Tent Inspection Permit$34.00
contract with MGT for an up- Section 3:That the City Coun-
dated user fee study whose cil of the City of Fayetteville,
core objectives include evaluat- Arkansas hereby authorizes
ing and improving the current staff to stagger the implemen-
fee structure,defining the cost tation of the fees provided in
of City services, and recom- Sections 1 and 2 so that those
mending fees based on the cost fees shall not exceed the
of service;and amounts set forth In those sec-
WHEREAS,MGT completed a tions fora period of four weeks
review of City development re- after the effective date of this
view-related services, the ordinance. At the end of the
hourly rates of staff providing four-week period, those fees
those services, and the time shall be set at the amounts set
providing each service in six forth in Exhibit A.
areas that Include Building PASSED and APPROVED on
Safety,Business Licensing,En- March 18,2025
gineering, Fire, Planning,and Approved:
Water 8 Sewer;and Molly Rawn,Mayor
WHEREAS,the most prom- Attest:
nent finding of the study is a Kara Paxton
significant discrepancy between City Clerk Treasurer
the cost of services provided This publication was paid for
and the user fees charged,to- by the City Clerk-Treasurer of
taling approximately the City of Fayetteville,
$2,679,307.00;and Arkansas.
WHEREAS,among the groups Amount Paid:$299.44
included in the study,the Fire March 23,2025 491967
Marshal's Office is unique for
not currently collecting lees de-
spite offering a number of de-
velopment-related and
commercial-oriented services,
ranging from permits for blast-
ing or pyrotechnic events to re-
viewing fire alarm end sprinkler
system design;and
WHEREAS,on July 2,2024,
the City Council passed Resolu-
tion 182-24 expressing intent to
implement the study's findings;
and
WHEREAS, the proposed
amendments to Chapter 94,Fire
Prevention include formalization
of several existing services,In-
cluding pyrotechnic and special
effects,blasting,fire perform-
ance,tent inspection permits,
and fire alarm and fire sprinkler
system permits;and
WHEREAS,fees will be imple-
mented at 1/3rd of the recom-
mended fee amount;and
WHEREAS,implementation of
the new fees will require man-
ual entry by staff and,therefore,
staff has proposed a staggered
rollout during which time users
may be charged the previous
fee or the updated fee.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
94.09(B)Sale of Fireworks by
changing the permit fee from
$500.00 to$225.00 per location
end one-half(1/2)of the permit
fee from$250.00 to$112.50
that shall be placed in a revenue
account.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals §
94.10 Fees/Schedule and en-
acts a new§94.10 as follows:
'94.10 Fees/Schedule
A.Fees. Fees shall be im-
posed,as set forth below,to
cover a portion of the cost in-
curred in connection with pro-
cessing applications, plan
reviews,amendments,permits,
acceptance inspections and
other matters pertaining to fire
protection and fire protection
systems in the City of Fayet-