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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"� 2 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 . 3 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 . 4 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 5 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 . " 7 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 . 9 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 . " 10 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 11 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 12 " 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 . "