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HomeMy WebLinkAboutOrdinance 1740 i • ORDINANCE NO . (/ AN ORDINANCE AMENDING SECTION 6 - 34 OF THE FAYETTEVILLE CODE OF ORDINANCES TO ADOPT BY REFERENCE THE 1969 EDITION OF THE SOUTHERN STANDARD BUILDING CODE ; TO ADD , MODIFY , OR DELETE CERTAIN OTHER SECTIONS OF THE FAYETTEVILLE CODE OF ORDINANCES ; TO REVISE SAID CODE TO UPDATE THE REQUIREMENTS OF THE CITY BUILDING CODE ; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF SAID CODE . WHEREAS , by Ordinance No . 1558 of August 21 , 1967 , the 1965 Edition of the Southern Standard Building Code , was adopted by reference ; and WHEREAS , the Board of Directors of the City of Fayetteville , Arkansas , finds that the Building Ordinance needs updating , and it is in the best interest of the City of Fayetteville to revise its Building Ordinance ; and WHEREAS , the Board of Directors of the City of Fayetteville , Arkansas , has under consideration the adoption of an ordinance re - lating to the construction standards for buildings and structures as forth in the 1969 Edition of the Code entitled " Southern Standard Building Code " , and WHEREAS , three ( 3 ) copies of said Code are kept on file in the Office of the City Clerk of the City of Fayetteville , Arkansas , has caused a notice to be published in a newspaper of general circulation within the City of Fayetteville , Arkansas , stating that it had under consideration the adoption of said Code and advising the public that the requisite copies of same were on file in the Office of the City Clerk and open to public examination . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That section 6 - 34 of the Code of Ordinances , City of Fayetteville , Arkansas is hereby amended to read as follows : Section 6 - 34 , Southern Standard Building Code Adopted . There is hereby adopted by the Board of Directors of the City of Fayetteville , Arkansas , by reference thereto , the provisions set forth in the 1969 Edition of the "Southern Standard Building Code " , save and except such portions of said Building Code as may be added , deleted , modified , or amended by the provisions of sections 6 - 62 through 6 - 93 of the Fayetteville Code of Ordinances , and the provisions contained in said Southern Standard Building Code are hereby adopted and incorporated as fully as if set out at length herein , and the provisions thereof shall be controlling within the corporate limits of the City of Fayetteville , Arkansas , MICROFILMED Isis DATEOCT 1 2 REEL _ Section 2 . That Section 6 - 64 of the Code of Ordinances City of Fayetteville , Arkansas , is hereby amended to read as follows : , Section 6 - 64 . Section 103 . 4 ( a ) ( 1 ) , ( a ) ( 4 ) , and ( a ) ( 5 ) amended . Paragraphs ( a ) ( 1 ) , ( a ) ( 4 ) , and ( a ) ( 5 ) of Section 103 . 4 of the code 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 a stated time either to complete 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 . 1 1 ( 4 ) Any owner , agent , or person in control of such building or structure who shall fail , neglect , or refuse within the stated time to comply with said notice from the Building Official to repair , rehabilitate , or to demolish said building or structure or portion thereof , shall be guilty of a misdemeanor and shall be subject to penalties set out in section 6 - 72 of the Fayetteville Code of Ordinances . i In case the owner , agent , or person in control cannot be found within the stated time , or , if such owner , agent , or person in control shall fail , neglect , or refuse to comply with notice to repair , rehabilitate , or to demolish and remove said building or structure or portion thereof , the Building Official , after having ascertained the cost , shall cause such building or structure or portion thereof , to be demolished , secured , or required to remain vacant . I i ( 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 portion thereof to be made safe or removed , whether the procedure prescribed in this section has been instituted or not . For this purpose he may at once enter such structure or land on whichl it stands , or abutting land or structures , with such assistance and at such cost as he may deem necessary . He may vacate adjacent structures 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 . I I Section 3 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a section to be numbered 6 - 67 . 1 which said section reads as follows : Section 6 - 67 . 1 . Section 106 . 1 ( d ) added . Paragraph ( d ) is hereby added to Section 106 . 1 entitled " Action of Application " of the Code and shall read as follows : ( d ) The provisions and regulations of Section 106 entitled " Permits " shall not apply to small portable buildings with widths of eight ( 8 ) feet or less and lengths of ten ( 10 ) feet or less . Said small portable structures shall , however , be subject to the require - ments of the City Zoning Regulations . , Section 4 . That Section 6 - 74 of the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended to read as follows : Section 6 - 74 , Section 301 . 3 ( a ) and ( d ) amended . Paragraphs ( a ) and ( d ) of Section 301 . 3 of the Code are amended to read as follows : ' ( a ) Exterior walls of buildings located in the Fire District shall comply with the requirements specified in Chapter VI - except as set forth in Sections 608 . 3 and 608 . 4 . 1 ( d ) Roof coverings in the Fire District shall conform to the requirements of Class I or II - Roof coverings as defined in Section 706 except that : i ( Wood red cedar or redwood shingled or hand- split shakes are permitted for roof coverings of moveable frame awnings and frame mansard typelstructures in the First Fire District when said structure is attached to the outside of an exterior masonry wall of the building . Section 5 . That section 6 - 77 of the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended to read as follows : ' Section 6 - 77 . Section 304 ( k ) and ( 1 ) added . Paragraphs ( k ) and ( 1 ) are hereby added to Section 304 of the Code , which paragraphs shall read as follows : ( k ) Single family and duplex family dwellings of wood frame or masonry veneered construction not exceeding two stories in height may be erected in the Fire District . ( 1 ) Existing wood frame buildings may be remodeled in the Fire District by erecting new exterior walls of frame construction provided the roof area of the building is not increased in any manner . 3 I ^ I I I I Section 6 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a section numbered 6 - 77 . 1 , which said section reads as follows : Section 6 -77 . 1 . " Exterior Bearing Walls " of Table 606 . 5 is amended . Exterior Bearing Walls requirement of Table 606 . 5 entitled " Fire Protective Requirements _ Type V-Ordinary " is amended to read as follows : EXTERIOR BEARING WALLS : 3 hour all walls except , 2 hour where a horizontal separation of more than three ( 3 ) feet is provided from other structures and from other private property lines . Section 7 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a section to be numbered 6 - 77 . 2 , which said section reads as follows : Section 6 - 77 . 2 . Section 802 . 1B paragraph ( a ) amended . Paragraph ( a ) of Section 802 . 1B is amended to read as follows : ( a ) No chimney shall carry any load other than its own dead weight except that adequately designed masonry chimneys supported on properly designed foundations of steel , masonry or reinforced concrete may support additional loads other than its own dead weight . Section 8 . That Section 6 - 78 of the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended to read as follows : Section 6 - 78 , Section 824 . 4 paragraph ( a ) amended . Paragraph ( a ) of Section 824 . 4 is amended to read as follows : ( a ) Where air ducts are used under concrete slabs , careful pre - paration of site shall be exercised to insure a well-drained and con - tinuously dry condition . Where air ducts are used under concrete slabs at ground level , the air ducts shall be installed so that the bottom of the air duct will be a minimum of two ( 2 ) inches above the highest ground level of the surrounding ground located within ten ( 10 ) feet of the structure being built . All organic material shall be removed from under the concrete slab . Section 6 -79 . Section 1302 . 3 ( g ) and ( h ) added . Paragraphs ( g ) and ( h ) are hereby added to Section 1302 . 3 of the Code , which paragraphs shall read as follows : ( g ) All footings shall be constructed of reinforced concrete except in cases where there is sufficient information and reason in the opinion of the Building Official to justify a deviation from this requirement . The reinforcement shall consist of a minimum of two ( 2 ) number four ( 4 ) reinforcing rods placed horizontally the full length of the footing . The reinforcing rods shall be tied on steel stakes , threaded on a half of a hollow brick spaced at approximate six ( 6 ) foot centers or supported off the bottom of the footing trench in some manner that is acceptable by the Building Official . Where reinforcing rods have to be spliced they shall be lapped of a minimum of ten ( 10 ) inches and tied . ( h ) Footings supporting foundation piers of one story structures shall be constructed of masonry at least sixteen ( 16 ) inches in width , twenty - four ( 24 ) inches in length and ten ( 10 ) inches in thickness . Section 11 . That the Code of Ordinances , City of Fayetteville , is hereby amended by adding a section to be numbered 6 - 79 . 1 , which said section reads as follows : Section 6 - 79 . 1 , Section 1605 ( a ) and ( b ) added . Paragraphs ( a ) and ( b ) are hereby added to Section 1605 of the Code ' and shall read as follows : ( a ) A base course of gravel , chat , crushed stone , sand or a combination of such materials a minimum of six ( 6 ) inches in depth shall be provided underneath the concrete floors of all liveable areas in- cluding attached carports and garages . ( b ) Concrete used in the construction of floors shall have a minimum compressive strength of twenty - five hundred ( 2500 ) pounds per square inch . Section 12 . That the Code of Ordinances , City of Fayetteville , is hereby amended by adding a section to be numbered 6 - 79 . 2 , which said section reads as follows : Section 6 - 79 . 2 . Section 1701 . 1 amended . Section 1701 . 1 of the Code entitled " Preparation of Building Site " is hereby amended to read as follows : 1701 . 1 Preparation of Building Site . ( a ) All building sites shall be graded so as to provide drainage away from the building . ' ( b ) All building sites shall be graded in such a manner that the ground under all portions of the building not occupied by basements or i . cellars shall be above the ground level of the surrounding ground located .within ten ( 10 ) feet of the structure being built . On concrete floor structures , the top of the concrete slab shall be a minimum of eight ( 8 ) inches above the surrounding ground located within ten ( 10 ) feet of the structure being built . ( c ) Footing and/or foundation drain tile shall be installed around all structures with basements or cellars . ( d ) Footing and/or foundation drain tile shall be installed around all structures where building sites are excavated on hillsides . Section 13 . That the Code of Ordinances , City of Fayetteville , is hereby amended by adding a section to be numbered 6 - 79 . 3 , which said section reads as follows : Section 6 - 79 . 3 • Section 1705 . 1 amended . Section 1705 . 1 of the Code entitled " Sills on Foundations " is amended to read as follows : Section 1705 . 1 Sills on Foundations . ( a ) Sills on continuous foundation walls shall be not less than 2 inches in thickness and shall be anchored thereto as follows : ( 1 ) 1/ 2 inch bolts embedded not less than six ( 6 ) inches in con - crete or not less than fifteen ( 15 ) inches in masonry units . ( 2 ) Maximum spacing of bolts , 8 feet on centers with not less than two bolts in each sill piece . End bolts shall be not more than twelve ( 12 ) inches from end of sill piece . ( 3 ) Hardened steel studs driven by powder actuated tools may be used . Maximum spacing shall not exceed four ( 4 ) feet on centers with not less than two studs in each sill piece . ( b ) Except where wood of natural decay resistance or pressure treated wood is used , an approved moisture barrier shall be provided between the sill and foundation wall . Section 14 . That section 6 - 81 of the Code of Ordinances , City of Fayetteville , Arkansas , is hereby repealed . Section 15 . That section 6 - 82 0 £ the Code of Ordinances , City of Fayetteville , Arkansas , is hereby repealed . Section 16 . That the section of the Code of Ordinances , City of Fayetteville , Arkansas , presently designated as Section 6 - 83 is hereby renumbered and designated as Section 6 - 81 of the Code of Ordinances City of Fayetteville , Arkansas . Section 17 . That the section of the Code of Ordinances , City of Fayetteville , Arkansas , presently designated as section 6 - 84 is hereby renumbered and designated as Section 6 - 82 of the Code of Ordinances , City if Fayetteville , Arkansas , Section 18 . That the Code of Ordinances , City of Fayetteville , is hereby amended by adding a section to be numbered 6 - 83 , which said section reads as follows : Section 6 - 83 . Section 2201 . 2 ( f ) added . Paragraph ( f ) is hereby added to Section 2201 . 2 of the Code , which paragraph shall read as follows : ( f ) Definitions For the purpose of this Code the word a fixed " marquee " means a heavy flat roof like structure extending or projecting out from the face of a building and said structure being constructed as an integral part of the building , having a vertical face greater than one foot in height . ( 2 ) For the purpose of this Code the word a fixed " awning " means a light flat roof like structure extending or projecting out from the face of a building and said structure being constructed as an integral part of the building , having a vertical face less than one foot in height . Section 19 . That the Code of Ordinances , City of Fayetteville , is hereby amended by adding a section to be numbered 6 - 84 , which said section reads as follows : Section 6 - 84 , Section 2201 . 3 amended . Section 2201 . 3 of the Code entitled " Movable Awnings ( metal or canvas ) " is amended to read as follows : Section 2201 . 3 - Movable Awnings ( metal , wooden or canvas ) ( a ) For the purpose of this Code a movable awning is a structure with a sloping roof surface that extends or projects out from the face of the building and said structure being constructed in such a manner that it is not a permanent part of the building . Said awning can be removed without effecting the structural safety of the building . ( b ) Movable awnings may extend over public property for a distance not to extend beyond a point twelve ( 12 ) inches inside the curb line . I ( c ) Wood red cedar or redwood shingles or hand- split shakes are permitted for roof coverings of movable frame awnings and frame mansard type structure in the First Fire District when said structure islattached to the outside of an exterior masonry wall ? f the building , ( d ) Such movable awnings or any part thereof maintain a clear height of eight ( 8 ) feet above the public sidewalk . ( e ) Metal or cloth movable awnings erected on dwellings over window and doorways may be erected without a building permit . How - ever , building permits are required for metal awnings to be used for residential porches which have posts supporting any part of the awning and for metal awnings to be erected for carports . Section 20 . That the Code of Ordinances , City of Fayetteville , is ! hereby amended by adding a section to be numbered 6 - 87 . 1 , which said section reads as follows : I Section 6 - 87 . 1 . Section 2204 . 4 ( a ) added . I Paragraph ( a ) is hereby added to Section 2204 . 4 of the Code and shall read as follows : i ( a ) The Building Official shall not require a bond to be executed bylpersons desiring to move structures of a width of eight ( 8 ) feet oriless . The Building Official shall not require a bond to be executed bylpersons desiring to move " mobile homes " transported on its own wheels . I Section 21 . That the Code of Ordinances , City of Fayetteville , islhereby amended by adding a section to be numbered 6 - 90 . 1 , which said section reads as follows : i Section 6 - 90 . 1 . Section 2301 . 7 ( a ) added . i Paragraph ( a ) is hereby added to Section 2301 . 7 of the Code and shall read as follows : I ( a ) Street clocks shall keep accurate time or be promptly repaired or 1removed . i Street clock , as regulated by this section shall mean any time - piece erected upon a standard upon the sidewalk or on the exterior of any building or structure for the convenience of the public and placed and maintained by a person or firm for the purpose of advertising a place of business . I Section 22 . If any section , clause , provision or part of this ordinance shall be held invalid or unconstitutional by any court or competent ,jurisdiction , such section , clause , provision or part shall be deemed severable and separable , and the remainder of this ordinance I ' I I , jp shall be and remain in full force and effect . It is hereby declared to be the intent of the Board of Directors that this ordinance would have been passed and adopted had such invalid or unconstitutional pro - visions , if any , not been included herein . Section 23 . All ordinances and parts of ordinances in conflict herewith are hereby repealed , and this ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this Y ' - day of 3 1970 , APPROVED : &25�*ae�Ir Garland Melton , Jr , , //Mayor ATTEST : c� h c l/.fAY0 Mefrilyn Moort4 , City Clerk CERTIFICATE OF RECORD. State of Arkansas ( SS City of Fayetteville I, Suzanne C. Kennedy, City Clerk and Ex-Officio recorder fer rile City of Fayett vMe, do hereby certify that the a n^. ed or J. goi„g is of record in my of''icenap- pears in Ordinance G R .:;ol , ;ppio: : b,•;o:: —at .^_ss my hand and se;Il. this ----- -_--_ ----day of City C'e_k mid lin-Officio Recorder Section 9 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a section to be numbered 6 -78 . 1 which said section reads as follows : Section 6 - 78 . 1 . Section 1302 . 1 amended . Section 1302 . 1 of the code entitled " General " is amended to read as follows : Section 1302 . 1 General ( a ) Definitions ( 1 ) For the purpose of this code the word " foundation " means the structural member of a building or structure which serves as a support for said building or structure . ( 2 ) For the purpose of this Code the word " footing " means that part of the building or structure upon which the foundation rests and is that part which distrubutes the load of the building or structure to the ground . ( b ) Footings and foundations shall conform with nationally re - cognized good practice on matters not covered by this Code . ( c ) Footings shall consist of reinforced concrete or steel grillages . Footings of wood may be used when in accordance with Section 1302 . 6 "Timber Footings " . ( d ) Foundations shall consist of masonry , reinforced concrete or steel grillage . Masonry units used in foundation walls shall be laid up in Type M . S , or N mortar . ( e ) When floors of habitable rooms are properly insulated so that they are weathertight and watertight , buildings may be supported by properly designed freestanding piers in lieu of continuous foundation walls . ( f ) Temporary buildings in connection with duly authorized con - struction and one story buildings or wood frame construction or non- combustible construction used for purposes other than dwellings and not exceeding 800 square feet in area may be constructed without foundation walls or other permanent supports . ( g ) Secondary buildings such as carports , sheds , barns , stables , and similar type structures may be constructed with wooden members set in the ground for support . Wooden members set in the ground shall be pressure impregnated with cresote or other approved preservatives . Wooden members set in concrete shall be of approved wood or natural decay resistance or pressure treated wood . Section 10 . That .section 6 - 79 of the Code of Ordinances , City of Fayetteville , Arkansas , hereby amended to read as follows : al'n F tI Ton STATE of ARKANSAS 1 � rERre nPr Ree County of Washingtpn J HI.N. k I L I`Xn Vi IFFHFRYtTit% NE F I') , M Dea ? RC'ip C Ann. MODIFY. ORD L enrca sec-1'IONs or _ _ _ -------- hereby certify that I I, N AYFTCEIlI.LF. mnE of D am the Gen al Manager)NANres: TO RSV18E 99D colo ( ger) of THE NORTHWEST ARKANSAS TIMES, EpnATn THE REQUIREMENTS a daily newspaper having a second class mailing privilege, T M`FY B1Jn.nING CODE: AIM and being not FAROITDa PENALTIES FOR Tnn less than four pages of five columna each, published at a fixed place of �,1dWHE OF sblo CODE, business and at a fixed (daily) intervals continuously in the City of . Bust 21. a, by time 196 Ce Na. atUMNperiod Angne a. And ins 1a9s Edition a Fayetteville, County of Washington, Arkansas for more than a arnrmem a efere e; and cone, of twelve months, circulated and distributed from an established lace of adnMed by reference; end P WNF.REAS. the Roord of Direnbq business to subscribers and readers generally of all classes in the City tea oar or ood,. ArInote n oo & Count for a definite price copy, or a fixed price per annum, that the Building%e vin. Aro nes Y p ce for each IxlMZAnd it ix In the beet interaeeh which price was fixed at what is considered the value of the publication, 13o•'t)' a FnTettevilln to reldae :•.'d.ng ordinance; and based upon the news value and service value it contains, that at least fifty e1IEREAS. the Rwrd or rnre-ton percent of the subscribers thereto have paid cash for their subscriptions t,olrrt emti erthe' Adoptons to the newspaper or its agents or through recognized g g news dealers over a ba to the nnA.t .IarnmF for period of at least six months ; and that the said newspaper publishers an for Wda,nax and aw I Ilset forth in the iQF Ed;oon a average of more than forty percent news matter. e ant lied "Southern Standard 'rg "`d'"• and I further certify that the legal notice hereto attached in the matter of - ir ale_a; corse rsI ma r ere trent an fihe thehe O(t . ....� rI(r clerk a the c 1'•te M Fa. ' r hll%"i a]A hex rn'uo a Rip �♦ /��D hr Int Armed m a nrMCMI<r tX Re —f`/f/—/J+•—e--/ 1 ' ole hmn n)'within the rof Fa J �� sne, A•k(In5115, iiahng teat it 11 r mnFlarratlnv the Wamorin of ' rMr and Aa.ising the wean that was published in the regular daily issue of said newspaper for___. _.__.__ rr,lnlane rv.piee a same were on consecutive insertions as follows : In the "M Of the city Clerk and WWmNUmp to pubNOW, a gREFoR [__`-"__ day of Now. BY TH FORE, BE rr The first insertion on the -- ------ _ TDRSDAINO BY E ROARF OF n i TORR OF TTiE Cri'Y OF FAY RLLE. ARSANRAS: the second insertion on the --- ------ ------_-_____-__- day of ----------- 19_—__ sn•ttm (. 'rnat .egtinn sad a of O maomx. City, a Falettevllle,. anw. I. hereby amerced to regia ! the third insertion on the --------------------------------- day of -------------------- 19— OWN: section S34. 'liltffete foup rd no (•me Adopted. and the fourth insertion on the ________. ____. day of ---_ ---_ ------------- There In hereby adapted for Nr of nlrenon a this sty a Flip trkanseq by rrflrenm Nertm, tiK th ions set forty to the ud Folium '` e ^and von S North Ruddn --- qnu --- y .A.�. g (sea", dna except seed momma a Building Cada as cosy M added, aeleed, - tnomted, or amended lar the prmim,ame�, Sworn to and subscribed before me on this ____� ------- da of .-..-.-_-----_. or serlione 6-9 thmWh PM of the FW rttrvills Opda Of 011insnrex. And Ins . timmisime complained in said FnWhop shanelard Building Code Are hereti19 D adopted and mmrponted as fully am dt _-__ ------------- ___— --_---_--- - -- ----- _- _ - set cot at length Whin, and W loop the p thereof limit r she Cl as pop � xhr mo Arlt limits a the Caa• a F4' t leville, Artemplsao to y Public Aerhon r That section Fay il the . reds a Oralnanews,raby city Al FUs roar'�las , rrkensaa. IF hereby amended b Rad ts � (nlowe: I I caecum ss(. aeaim 1014 (a) (U, (a) My Commission Expires : . 11, and tat 45) amended. Paragraphs (a) !U, oar (U, and (O, St a 6erylm 109.4 a the Lode aR I emended b read as indents x 111 Whtmf ar this Wilding oakrl etalll ei {' find any Wilding or strual ae Nerea b W Upltafe, as de tabli_ n..aAll� s Fees for Printing _____ $.-.�.L&_�_0 Umal a tush buildup a or e"Mc writ. Ixoredum for le 1 Aeutim glq 2W owner, agent. m person in rep r Coat of Proof ------- $---------------------- ten ,pts elating aw defects tbetep(. Thb piq eNa rsuiro 1M owner wltlF / w n a tda4a Ude athar r IxevaW-ease• Total . rise tepalR s Imgtnamonla, ae r M mash sed nmol ted baading ae eYu(. lure a aaelq thereae. u tlr asses bl rrnam eudl aet4a sed oRar le aUteseedl canna he found atter diligent eeatril, then an, h notice end order Fhn'I fiw xml xa pilots non- ' r.�mailing an o "IC, al r.- ucn mnlhnR end pcanng shall be r. nM` Adrnnete