HomeMy WebLinkAboutOrdinance 1558 ORDINANCE NO . ���"
AN ORDINANCE AMENDING THE BUILDING CODE AND RELATED ORDINANCES OF THE CITY OF
FAYETTEVILLE , ARKANSAS , ( FAYETTEVILLE CODE OF ORDINANCES ARTICLE II , SECTIONS
6-14 THROUGH 6-23 AND ARTICLE III , SECTIONS 6-34 THROUGH 6-91 ) TO ADOPT BY
REFERENCE THE 1965 EDITION OF THE SOUTHERN STANDARD BUILDING CODE AND THE 1967
REVISION THEREOF , AND FOR OTHER RELATED PURPOSES .
WHEREAS , by Ordinance No . 1120 of December 17 , 1956 , the 1955 Edition of
the National Building Code was adopted by reference , subject to certain amend-
ments to said code contained in Ordinance No . 1120 ; and subsequently , the
provisions of Ordinance No . 1120 were amended by Ordinances No . 1521 , and 1544 .
That Ordinances 1120 , 1521 , and 1544 , including the amendments to said code ,
now appear in codified form as Sections 6-14 through 6-23 and Section 6- 34
through 6-91 of Fayetteville Code of Ordinances , and
WHEREAS , consistent with the policy of the Board of Directors of the
City of Fayetteville , Arkansas , of up-dating and improving the Ordinances of
the City , the Board of Directors has caused a notice to be published in the North-
west Arkansas Times , a newspaper of general circulation in the City of Fayetteville ,
Arkansas , advising that the Board of Directors has under consideration the passage
of an Ordinance adopting by reference the provisions set forth in the "Southern
Standard Building Code , " 1965 Edition , as issued by the Southern Building Code
Congress , and amendments thereto as set out in a pamphlet entitled "Amendments to
the Southern Standard Building Code , " 1967 Revision to 1965 Edition , issued by
the Southern Building Code Congress .
WHEREAS , three ( 3) copies of the above -named materials are kept on file in
the office of the City Clerk of the City of Fayetteville , Arkansas , as provided
by Act 267 of 1949 Acts of Arkansas and are open to public inspection ; and
WHEREAS , the Board of Directors of the City of Fayetteville , Arkansas , finds
that it is to the best interest of the City of Fayetteville , that the Code of
Ordinances of the City of Fayetteville , be amended to adopt by reference the pro-
visions contained in said code and amendment pamphlet , as foresaid .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
SECTION 1 . That Section 6-34 of Fayetteville Code of Ordinances , entitled
"Adopted" is amended to read as follows :
Section 6-34 Adopted.
There is hereby adopted by the City Board of Directors that
certain building code known as the Southern Standard Bulding Code ,
being particularly the 1965 Edition thereof including amendments
made in the pamphlet of the 1967 revision to the 1965 Edition and the
whole thereof , save and except such portions as are hereinafter
deleted, modified , or amended in this Article , and such code is here-
by adopted and incorporated as fully as if set out at length herein ,
DATE OCT 1 0 -1970
REELS"�
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and the provisions thereof shall be controlling in the construction
of all buildings and structures therein contained within the cor-
porate limits of the City .
SECTION 2 . That Section 6 -35 of Fayetteville Code of Ordinances , entitled
"Definitions" is amended to read as follows :
Section 6 -35 Definitions .
( a) Whenever certain words are used in the Building
Code adopted by Section 6- 34 , they shall be held to mean the
following :
1) The word "Municipality" shall be held to mean the
City of Fayetteville , Arkansas ,
2 ) The words "Building Official" shall be held to mean
the City Building Inspector .
3 ) The words "Chief Appointing Authority" shall be held
to mean the City Board of Directors .
4 ) The words "Board of Adjustments and Appeals" shall be
held to mean the City Board of Appeals .
5 ) The words " Department of Law" shall be held to mean the
City Attorney of the City of Fayetteville , Arkansas ,
6 ) The words "Chief Administrator" shall be held to mean the
City Manager,
7 ) The words "the Office of the Director of Public Works "
shall be held to mean the City Engineer .
SECTION 3 , That Section 6-46 of the Fayetteville Code of Ordinances
entitled "Definition" is amended as follows :
Section 6-46 Definition .
The term "Permit Valuation" as used in this division , means the
reasonable valuati f all services , labor, materials , and appliances
or devices enterinmand necessary to the prosecution and completion
of the work ready for occupancy . The "Permit Valuation" shall in-
clude total cost , such as plumbing , electrical , mechanical equipment ,
and other system , however, the cost of excavation or grading and
paving is not deemed a part of such permit valuation .
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SECTION 4 . That Section 6-47 of the Fayetteville Code of Ordinances entitled
"Prescribed - for Construction , Alteration or Repair Permits " is amended as follows :
Sec . 6 -47 Prescribed - For Construction , Alteration or Repair Permits .
( a ) On all buildings , structures or alterations requiring a
building permit , as set forth in Section 105 of the Building
Code adopted by Section 6- 34 , a fee shall be paid as required
at the time of filing application , in accordance with the
following schedule :
1 ) When the permit valuation for the erection , alteration ,
remodeling or repair is estimated to be $1 , 000 or less ,
the fee shall be $3 . 00 .
2 ) For each additional $1 , 000 or fraction thereof, from
$1 , 000 to $10 , 000 , the fee shall be $2 . 50 .
3 ) For each additional $1 , 000 or fraction thereof , from
$10 , 000 to $25 , 000 , the fee shall be $ 2 . 00 .
4 ) For each additional $1 , 000 or fraction thereof, from
$25 , 000 to $50 , 000 , the fee shall be $1 . 50 .
5 ) For each additional $1 , 000 or fraction thereof in
excess of $ 50 , 000 , the fee shall be $1 . 25 .
( b ) No fee shall be required when the estimated cost of any
remodel work done on the inside of any existing building does
not exceed two hundred dollars ( $200 . 00 ) and when the proposed
work does not Effect the structural safety of the building .
( c ) No fee shall be required when the estimated cost of any
repair work done on any biilding does not exceed two hundred
dollars ( $200 . 00 ) .
( d ) A fee of one dollar ( $ 1 . 00 ) shall be charged for an
original certificate of occupancy and fifty cents ( SOC ) for
copies of any original certificate of occupancy in additional
to the fees set out above .
( e ) An additional fee of three dollars ( $3 . 00 ) shall be charged
upon re-issuing a permit when the original permit has become in-
valid as set forth in Section 106 . 3 of the Building Code .
SECTION 5 . That Sections 6-48 , 6-49 , 6-502 6-51 , and 6 -62 of the Fayette-
ville Code of Ordinances are hereby re-adopted and made applicable to the new
building code adopted by reference in Section 1 of this ordinance , and said
sections shall remain a part of the Code of Ordinances as they are now written .
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SECTION 6 , That Section 6-63 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6-63 . Section 102 . 2 Amended.
Section 102 . 2 entitled " Inspectors" is amended as follows :
11102 . 2 Inspectors .
"The Building Official , with the approval of the
Chief Appointing Authority , may appoint such other
officers , inspectors , assistants , and other employees
as shall be authorized from time to time . No person
shall be appointed as inspector of construction unless
he has . sufficient knowledge and experience which will
enable him to make the necessary investigations and that
his health is such that he is physically able to make
the required inspections . "
SECTION 7 , That Section 6-64 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6-64 Section 103 . 4 , paragraphs ( a ) ( 1 ) and ( a ) ( 5 ) Amended.
Paragraphs ( a ) ( 1 ) and ( a ) ( 5 ) of Section 103 . 4 are amended to
read as follows :
" ( 1 ) Whenever the Building Official shall find any
building or structure or portion thereof to be unsafe , as
defined in this Section , he shall , in accordance with
established procedure for legal notices , give the owner,
agent , or person in control of such building or structure
written notice stating the defects thereof . This notice
shall require the owner within stated time either to com-
plete specified repairs or improvements , or to demolish
and remove the building or structure or portion thereof.
If the person to whom such notice and order is addressed
cannot be found after diligent search , then such notice
and order shall be sent by certified mail to the last
known address of such person : and a copy of such notice
shall be posted in a conspicuous place on the premises
to which it relates . Such mailing and posting shall be
deemed adequate service .
" ( 5 ) The decision of the Building Official shall
be final in cases of emergency which , in his opinion ,
involve imminent danger to human life or health . He
shall promptly cause such building , structure or por-
tion thereof to be made safe or removed , whether the
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procedure prescribed in this section has been
instituted or not . For this purpose he may at
once enter such structure or land on which it
stands , or abutting land or structures , with
such assistance and at such cost as he may
deem necessary . He may vacate adjacent struc-
tures and protect the public by appropriate
fence or such other means as may be necessary ,
and for this purpose may close a public or private
way .
Costs ' ncurred under ar ^a hs 103 . 4 ( )
/� a ) ( echar edtoteo
/ �f mases involy a 1 Iected
in the manner provided by law .
SECTION 8 . That Section 6-65 of the Fayetteville Code of Ordinances
is hereby amended to read as follows :
Sec . 6-65 . Section 103 . 7 deleted .
Section 103 . 7 entitled "Liability" , is hereby deleted from the
Building Code .
SECTION 9 . That Section 6-66 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6-66 . Section 105 . 1 ( d ) amended .
Paragraph ( d ) of Section 105 . 1 is amended to read as follows :
"( d ) In the event any work for which a permit is required
by this code is started prior to obtaining said permit ,
the fees set out in this code shall be doubled . The
payment of such doubled fee shall not relieve any per-
son from fully complying with the requirements of
this code in the execution of the work , nor shall
such payment relieve such person from the other
penalties prescribed herein , such doubled permit
fee being supplemental to all other penalties pre-
scribed in this code . "
SECTION 10 . That Section 6-67 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6-67 . Section 105 . 7 amended .
Section 105 . 7 entitled "Street Lines " is amended as follows :
stREet %NEs 6
11105 . 7 - Street Lines " tlla
"It shall be the duty of the Building Official to see that
the street lines are not encroached upon in any manner whatso-
ever , except as provided for in Chapter XXII of this Code ,
entitled ' Use of Public Property . '
SECTION 11 . That Section 6-68 is hereby added to the Fayetteville Code of
Ordinances and shall read as follows :
Sec . 6-68 Section 106 . 2 deleted .
Section 106 . 2 entitled "Contractors License and Bond Required"
is deleted from the Building Code .
SECTION 12 . That Section 6-69 is hereby added to the Fayetteville Code of
Ordinances and shall read as follows :
Sec . 6-69 . Section 106 . 3 amended .
Section 106 . 3 entitled "Conditions of the Permit" is amended
as follows .
11106 . 3 Conditions of the Permit
"( a ) The Building Official shall act upon an application
for a permit with plans as filed , or as amended , without un-
reasonable or unnecessary delay .
" ( b) A permit issued shall be construed to be a license
to proceed with the work and shall not be construed as
authority to violate , cancel , alter , or set aside any of the
provisions of this code , nor shall such issuance of a permit
prevent the Building Official from thereafter requiring
a correction of errors in plans or in construction , or of
violations of this code .
"( c ) Any permit issued shall become invalid unless the
work authorized by it shall hv nced within six
months after its issuance an - months after its
issuance ; and , any permit shall become invalid if the work
authorized by such permit is suspended or abandoned for a
period of one year after the time the work is commenced .
Provided , that , for cause , one or more extensions of time ,
for periods not exceeding ninety days each , may be allowed
in writing by the Building Official . "
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SECTION 13 , That Section 6- 70 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6-70 Section 107 . 4 deleted .
Section 107 . 4 entitled "Schedule of Permit Fees " is hereby
deleted from the Building Code .
SECTION 14 . That Section 6- 71 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6 - 70 Section 113 . 1 ( c ) added .
Paragraph ( c ) is hereby added to Section 113 . 1 of the code ,
which paragraph shall read as follows :
" ( c ) The Board of Appeals , when so appealed to and after a
hearing , may decide applications for special exceptions upon
which the Board of Appeals is specifically authorized to act
upon under certain Sections of the Code . "
SECTION 15 . That Section 6- 72 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6-72 Section 114 Amended .
Section 114 entitled "Violations and Penalties " is amended to
read as follows :
"114 - VIOLATIONS AND PENALTIES .
"( a ) Any person , firm , corporation , agent or
association who shall violate a provision of this
code or fails to comply therewith , or any of the
requirements thereof , or shall erect , construct ,
alter , demolish or move any structure , or has
erected , constructed , altered , repaired , moved or
demolished a building or structure or portion there-
of , in violation of a detailed statement , drawing or
plan submitted and approved thereunder , or of a
permit or certificate of occupancy issued there-
under , shall be guilty of a misdemeanor punish-
able by a fine of not less than ten dollars ( $10 . 00 )
nor more than one hundred dollars ( $100 . 00 ) or by
imprisonment not exceeding six ( 6 ) months , or by
both such fine and imprisonment !
NO When not otherwise specified , each ten
days that prohibited conditions are maintained
shall constitute a separate offense . "
a
SECTION 16 . That Section 6-73 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6- 73 Section 116 added .
Section 116 entitled "Abatement" is hereby added to the building
code , which section shall read as follows :
"116 - ABATEMENT .
" The imposition of the penalties herein prescribed
shall not preclude the City Attorney or adjoining
property owner from instituting an appropriate action or
proceeding to prevent an unlawful erection , construc-
tion , reconstruction , alteration , repair , conversion ,
maintenance or use , demolition or removal , or to
restrain correct or abate a violation , or to prevent
the occupancy of a building or structure or portion
thereof, or of the premises , or to prevent an illegal
act , conduct , business or use in or about any premises . "
SECTION 17 , That Section 6 - 74 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6- 74 . Section 301 . 1 amended .
Section 301 . 1 entitled "General " is amended to read as follows :
" 301 . 1 GENERAL .
" For the purpose of this Code there shall be
established two fire zones , one of which shall be
known as the first fire district and shall correspond
to the first fire zone described in Section 6 -2 of
the Fayetteville Code of Ordinances ; and the other
shall be known as the intermediate fire district and
shall correspond to the intermediate fire zone des -
cribed in Section 6- 3 of the Fayetteville Code of
Ordinances . Whenever in this Code "second fire dis-
trict" or " Fire District No . 2 " is referred to , said
terms and all provisions applicable thereto are hereby
deleted and shall be of no effect . "
SECTION 18 , That Section 6 - 75 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6 -75 . Section 301 . 4 deleted .
Section 301 . 4 , entitled "Scope" is hereby deleted .
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SECTION 19 , That Section 6 -76 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6- 76 . Section 302 . 3 amended .
Section 302 . 3 entitled "Moving Buildings " is amended to read
as follows :
" 302 . 3 MOVING BUILDINGS .
Na) No building or structure shall be moved from
without to within the Fire Districts or from one lot
to another lot within the Fire District unless its type
of construction is permitted in the Fire District into ,
or within , which the building or structure is to be
moved . ( See Section 2204 - Regulations for Moving
Buildings ) .
"( b ) No metal house trailer may be moved within
the fire districts unless they are located in an
established " trailer court or mobile homepark . "
SECTION 20 . That Section 6 - 77 of the Fayetteville Code of Ordinances is
hereby amended to read as follows :
Sec . 6- 77 , Section 304 . 1 amended .
Section 304 . 1 , entitled " First Fire District" , is amended to
read as follows :
11304 . 1 FIRST FIRE DISTRICT .
"The exceptions in the First Fire District shall be
as follows :
( 1 ) Temporary buildings used in connection with
duly authorized construe ion .
( 2 ) Water tanks or cooling towers conforming to
Sections 713 and 714 .
( 3 ) Display signs conforming to Chapter XXIII .
( 4 ) Single family and duplex family dwellings of
wood frame or masonry veneered construction not
exceeding two stories in height may be erected
or additons made thereto provided all inside
partitions , walls , and ceilings have a fire
resistance rating of not less than one ( 1 )
hour . "
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SECTION' 21 . That Section 6 - 78 of the Fayetteville Code
of Ordinances is hereby a*nend.ed to read as follows :
Section ^ O1 entitled " General " is amended to
read as follows :
301 GEMIML
' This chapter shall apply to heating
installation , except as otherwise
provided for in the standar:? s for
the Installation of Cas A n ,liances
and Cas Piping as set out in Section
15 - 61 of the Fayetteville Code of
Ordinances . "
SECTIO'_] 22 . That Section 6 - 79 of the Fayetteville Code
of Ordinances is hereby amenr;ed to rear as follows :
Section 6 - 79 Section 1302 . 3 ( d ) , (it) , and
( f ) added .
Paragraphs ( d ) : ( e ) , and ( f ) are hereby
ac?:6er'. to Section 1302 . 3 entitled ' Footinc
Desian " of. the Co ' e , which paragraphs
shall read as follows !
" ( d ) the bottom of all footings
shall be level and the feotinc
trenches free of loose dirt or
other uncompacted material . The
The bottom of the 4hoOr footings
shall be a mininur. depth of six-
teen ( 16 ) inches below tha out-
side finish grade or to bearing
soil if such is not reached. at
this death . "
" ( e ) If stepped footings are con-
structed , the footings shall he
uesigned so that there will be
orcvideC! a minimum, sixteen ( 16 )
inch over 1p.opinq of the aifferent
levels of the footing at the
point of each step down or change
in elevation in the footing . "
" ( f ) 711 footings s;:all have a
miniaur: depth or thickness of ten
( 10 ) inches an0 a rini;murr width of
si :cteen ( 16 ) inches and extending at
least four ( 4 ) inches on each side
of the foundation cull excert in
cases where there is sufficient
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information and reason , in the
opinion of the Buildinc, Official
to justify a deviation from this
minimum size footinq . '
SECTIOr 23 , That Section 6 - 80 of the Fayetteville Code
of Ordinances is hereby anendeC; to road as follows :
Section 6 - 80 Section 2001 . 1 ameneed .
Paragraph ( d ) uneer Section 2001 . 1 entitled
"inir: .ur. Requirenents ` is amended to read
as Follows .
0 ( c' ) Skylights , vents , louvers , or
mechanical ventilation may !:e sub-
stituted for windows when aonroved
by the 5uildina Official , nrovidea
ae.eauate natural or artificial
light ancq aderuate ventilation is
provided to r..eet the rec;uirenents
of this chapter . '/
SCCTIUN 24 , That Section 6 - 81 of the Fayetteville Code
of Ordinances is hereby amended to read as follows :
Sec . 6 - U , Section 2001 . 1 ( e ) deleted ,
Paragra_)h ( e ) of Section 2001. . 1 is hereby
deleted fron the Ruild.ina Code ,
SLCTIM., 25 . That Section. 6 - V� 2 of the Fayetteville Code
of Ordinances is hereby araendeC. "- read as follows :
Sec . 6 - 32 , Section 2001 . 4 6•Aeted ,
Section 2001 . 9 entitled " Toilets " is
hereby deleted fron the Luildina Code .
SECTION 26 , That Section 6 - 03 of. the Fayetteville Code
of Ordinances is hereby amended to real as follows :
Sec . 6 - E3 . Section 2002 deleted .
Section 2002 entitled ' Sanitation " is
hereby deleted from the P.uileing Code .
S3CTION 27 . That Section 6 - 34 of the Fayetteville Cor9.e
of Ordinances is hereby a^ encied to read as follows :
Sec . 6 - q4 . Section 2101 . 3 ( c ) . amendec? .
Paragraph ( c ) under Section 2101 . 3 entitled
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" Construction of Walkways , Fences and
Protective Coverings' of the code is
amended as follows !
( c ) "here the distance from
building to street or alley pro -
perty line is less than half the
height of the building , a fence
of substantial solid construction
at least six ( 6 ) feet Aigh shell
be providee on the buileing site
of the walkway .
SECTIO" 23 . That Section 6 - 35 of the Fayetteville Code
of Ordinances is hereby amended to read. as follows :
Sec . 5 - 35 . Section 2201 . 7 added .
Section 2201 . 7 entitled " Canopies " is hereby
added to the ;wilding Code , which section
shall read as follows :
2201 . 7 CA2;OPIES
" ( a ) Canopies as regulated by this
section shall include structures
made of cloth or metal with metal
frames attached to a buil : inc; nro-
jectina over a public t'.acroughfare
or sidewalk and carries! '�y a metal
frane supported by the ground or
sidewall: I "
" ( b ) 11.11 canopies shall be con-
structed and erected so that the
lowest portion thereof shall be
not less than nine ( 9 ) feet above
the level of the sic,ewalk or public
thoroughfare .
" ( c ) 'oo canopy shall he permitted
to extend beyond a point twelve
( 12 ) inches inside the curb line .
( d ) No canopy shall be nernitted
to exceed eight ( S ) feet in width
measured along the building front .
" ( e ) The erection of a canopy as
defined in this Section is -per-
mitted upon review and approval of
the Board of Appeals as set out in
Section 22. 03 . 2 of this Code . "
