HomeMy WebLinkAboutOrdinance 2070 7 Atf
ORDINANCE N0 . vZ�'J� r^ Q i't h J
'74 DEC 12 Aj jl. 03
AN ORDINANCE AhTMING SECTION 6 - 34 OF THE FAYETTEVILLE CODE OF;IORIkI C
TO ADOPT BY REFERENCE THE 1973 EDITION OF THE SOUTHERN STANDARD BUILDING !CODE ; .
TO ADD , MODIFY , OR DELETE CERTAIN OTHER SECTIONS OF THE FAYETTEVILME-,CODE;QFC' ; ''
ORDINANCES ; TO REVISE SAID CODE TO UPDATE THE REQUIREMENTS OF THE CITY' BUI�LDING
CODE ; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF SAID CODE .
WHEREAS , by Ordinance No . 1740 of June 1 , 1970 , the 1969 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 relating to the construction
standards for buildings and structures as set forth in the 1973 Edition of
the Code entitled "Southern Standard Building Code" ; and
WHEREAS , three (3) copies of said Code are kept on file inithe Office
of the City Clerk of the City of Fayetteville , Arkansas , and the City Clerk has
caused a notice to be published in a newspaper of general circulation within
the City of Fayetteville , Arkansas , stating that the City 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 1973 Edition of ' the Southern Standard Building
Code , Southern Building Code Congress , save and .except such
portions of said Building Code as may be added , deleted , modified ,
or amended by the provisions of section 6 - 62 through 6 - 94 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 ,
Section 2 . That sub-paragraph (c) under section 6 -47 entitled "Prescribed-
For Construction , Alteration or Repair Permits" of the Code of
Ordinances , City of" Fayetteville , Arkansas , is hereby amended as
follows :
iVOL
MICROFILMS
DATE OCT 1 s 1978
REEL / 7 �
2
(c ) No building permit or permit fee shall be required
when the estimated cost of any repair work done on
any building does not exceed two hundred ( $ 200 . 00 )
dollars .
Furthermore , no building permit or permit fee
shall be required when the estimated cost of proposed
repair work exceeds a cost of two hundred ( $ 200 . 00 )
dollars when the proposed repair work consists of :
( 1 ) Repainting any existing structure .
( 2 ) Re - roofing an existing structure such as any
type of residential building , residential
garages , car ports , and residential storage
buildings .
( 3 ) Installing any kitchen cabinets , bars , etc .
in existing residential type building .
NOTE :
" Repair work" with reference to this section shall
be de in'e as work done on the outside or inside of an
existing structure in such a way that the roof of the .,
structure is not extended or enlarged in any way and such
work does not , in the opinion of the City Building Official ,
affect the structural safety of the structure .
Section 3 . Section 6 - 66 entitled : " Section 105 . 1 amended"
of the Code of Ordinances of Fayetteville , Arkansas , is
hereby amended to real as follows :
Section 6 - 66 entitled : Section 107 . 2 ( c ) added .
Paragraph ( c ) is hereby added to section 107 . 2 of the
Southern Standard Building Code referred to above (section
6 - 34 ) and shall read as follows :
(c ) The payment of such doubled fee shall not relieve
any person from fully complying with the requirements of
this Building Code in the execution of the work , nor shall
such payments relieve such person from the other penalties
prescribed herein , such doubled permit fee being supple -
mental to all other penalties prescribed in this Code .
Section 4 . That the Code of Ordinances , Fayetteville , Arkansas ,
is hereby amended by adding a .section numbered 6F6 . 2 to read
as follows : ! VOL 880 D563
Section 6 - 67 . 2 Paragraph (a ) of Section 106 . 1 amended .
Paragraph ( a ) of section 106 . 1 of the Southern Standard
3
Building Code referred to above (section 6- 34) is amended and shall
read as follows :
(a) No person , firm or corporation shall _erect , construct ,
enlarge , alter , repair , move , improve , convert , or demolish any
building or structure in the applicable jurisdiction , or cause the
same to be done , without first obtaining a separate building permit
for such buildings or structures from the Building Official ; and a
building permit shall be required for the following work, regardless
of the cost :
(1) Enclosing a carport or car garage whether attached
to the dwelling unit or detached from the dwelling unit ;
(2) Enclosing an existing roofed over patio area ;
(3) Erecting a new fireplace onto an existing structure ;
(4) Attaching brick , masonry , slate , or any type of heavy
veneering to the outside of a structure .
(5) Enclosing any type of existing porch or balcony area .
Section S . The "Violations and Penalties" Provisions as set out in Section
6- 72 entitled "Section 114 amended" shall also apply to this ordinance .
Section 6 . That paragraph (d) of Section 6- 74 entitled : "Section 301 . 3 (a)
and (d) amended" of the Code of Ordinances of Fayetteville , Arkansas ,
is hereby amended to read as follows :
(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 redwood cedar or redwood shingles or hand- split shakes
are permitted for roof coverings of movable frame or metal awnings
and frame or metal mansard type roof structures in the first fire
district under the following conditions :
(1) When said awnings or mansard structure is attached
to the outside of a wall of an existing building of
type VI - -wood frame construction ;
(2) When said awning or mansard structure is attached to
the outside of at least a two (2) hour fire rated
masonry wall of buildings of the following construction :
Type I - Fireproof
Type II - - -Fire-resistive
-- p
Type III - -Heavy Timber ! VOL Oust
Type V- - -Ordinary
NOTE : The rear side of any part of the awning or mansard
structure , as set out in above numbered paragraph
two (2) , that should project above the top of the
4
supporting masonry wall of the building shall be
covered with metal or other non-combustible materials .
(3) When said awning or mansard structure is attached to the
outside of a metal or masonry wall of a building of type
N non-combustible construction provided such walls face
a , street or permanent open space of fifteen (15) feet
or more in width .
Section 7 , That Section 6 - 77 . 2 entitled : "Section 802 . 1B Paragraph (a)
amended" of the Code of Ordinances , City of Fayetteville , Arkansas ,
is hereby deleted from the City Code of Ordinances .
Section 8 . That Section 6- 79 . 1 entitled : "Section 1605 (a) . and, (b) added"
of the Code of Ordinances , City of Fayetteville , is hereby amended to
read as follows :
Section 6- 79 . 1 Section 1603 (a) and (b) added .
Paragraphs (a) and (b) are hereby added to Section 1603 of the
Southern Standard Building Code referred to above (section 6- 34)
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 livable areas including attached
carports and garages .
(b) Concrete used in the construction of floors shall have a
minimum compressive strength of three thousand
(3000) pounds per square inch.
Section 9 . That Section 6- 79 . 3 entitled : "Section 1705 . 1 amended" of
the Code of Ordinances , City of Fayetteville , Arkansas , is hereby
amended by adding subparagraph (4) under paragraph (a) to read
as follows :
(4) Concrete nails driven by hand (claw hammer) may be
used to anchor sills to concrete floors and foundations
provided that concrete nails are driven while the
concrete is green (within a day or two after concrete
is poured) and provided that the concrete nails are
spaced not greater than sixteen (16) inches on centers .
Section 10 . Section 6- 87 entitled "Section 2204 . 2 amended" of the Code of
Ordinances of Fayetteville , Arkansas , is hereby amended to read as follows :
Section 2204 . 1 "General"
VOL880 565
5
(a) Except as otherwise exempted and provided in this section , no building
or part of any building shall be moved from one site to a different site
(whether on the same property or different properties) ; moved through or
across any sidewalk , street , alley , or highway within the City of Fayetteville ,
Arkansas , without first obtaining a moving permit from the Building Official .
(b) Exemptions from City Moving Permits - -
No moving permit shall be required by the Building Official for
moving the following structures:
(1) No city moving permit shall be required for "loadst' trans -
orted on County , State or Federal Highways within the City
limits if properly licensed or permitted by the laws of the
State of Arkansas .
(2) No city moving permit shall be required by the Building
Official for structures that will be moved around the same
property in such a manner as not to be transported on or
across any street or alley . However , a building permit will
be required to .relocate said .structure .upon the property
unless otherwise exempted in other sections of this = code .
(3) No city moving permit shall be required by the Building
Official for mobile homes transported through the city or to
a location in an established trailer court or mobile home
park .
(4) No city . moving permit shall be required by the Building
Official for moving portablerbuildings , . prefab buildings or
any other type of structures where the height and width (the
total height from the ground to - the top, of the structures:
when loaded upon or connected to the. transporting vehicle)
will not exceed thirteen (13) feet and six (6) inches and/or
fourteen (14).. feet in width . A building permit will be
required to _ relocate said structure upon any property in the
city except in mobile home parks unless exempted in other
sections of this .code .
Section 11 . That section 6- 87 . 3 entitled : "Section 2204 . 4 (a) added"
of the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended
to read as follows :
Section . 6= 87 . 3 Section 2204 . 4 (a) added :
Paragraph (a) is hereby added to section 2204 . 4 of the Code and
shall read as follows :
(a) Exemption to moving bond requirement .
(1) No (moving) bond shall be required by the Building Official
for structures that will be moved in such a way that the
structure or the vehicle carrying said structure will not
be transported upon or over city streets or other public
roads or highways .
`voL 880 D66
6
(2) No (moving) bond shall be required by the Building Official where
the total height , when loaded upon or connected to the _transporting
vehicle , will not exceed thirteen (13) feet and six (6) inches
in height for the following structures :
(A) Mobile home transported "on its own wheels .
(B) Portable buildings with a width of fourteen (14) feet or less .
(C) Prefab sections of a building as well as any building or
any other type of structure with a width of fourteen (14)
feet or less .
Section 12 . That the Code of Ordinances , City of Fayetteville , Arkansas , is
hereby amended by adding a section numbered 6094 , and said section
shall read as follows :
Section 6- 94 . Paragraph (b) of Section 2303 . 3 "Wall signs" is amended
to read as follows :
(b) Wall signs , as defined . by Section 2301 . 2 (d) of the Building Code ,
shall be constructed of the following materials :
(1) Sheet metal surface . However , the ornamental moulding
surrounding same may be of wood construction.
(2) Duraply (a special water resistance plywood) .
(3) Plexaglass and approved plastics (see section 2304 -.-
USE OF PLASTIC MATERIAL)
(4) Woods that have a natural resistance to decay such as the
heartwood of bald cypress , black locust , black walnut ,
catalpa , and cedars , . chestnut , osage orange , red mulberry ,
redwood and white oak .
(S) Duralux (an extra hard exterior type tempered masonite
which has a smooth surface on both sides) , marine plywood
and AC exterior plywood of three -quarters (3/4) inch or
more thickness .
One-quarter (1/4) inch thickness of Duralux , marine
plywood or AC exterior plywood may be used with proper
framing or backing to prevent warping and bending .
Section 13 . If any section , clause , provision or part of this ordinance
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such section, clause , provision or part shall be
deemed severable and separable , and the remainder of this ordinance
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 provisions , if any , not been included herein .
VOL ��0 00 "1
7
Section 14 . 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 ZLXZZ- day of (/yy{ %y ,
1974 .
APPROVED :
` Q /0`
Z CERTIFICATE OF RECORD
�' `• r + ' r State of Arkanses
,.� SS
City of I ::vett ci: !r f
I, Suzanne C. Xenne y. Cit)- Clerk and
Ea Oifiicio re.e- r'er fortae City <%f F:yetteville,
do hereby ;:etiv that the o
i o. fore
gain,, i.; of teen;c, in mY d ice :: rd {te wire ap-
pears in\ /Orainanco &P R^„—�ui �JtLm book
� Y—_at pmre�-- Wit+:ess my
CERTIFICATE OF RECORD hand and seal this--..-- --__ ___'av of
, 19---•
STATE OF ARKANSAS I
Washington County ISS' City Clerk and Ex-Officio Re :rmler
1, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio ReI r for
Washington County, do hereby certify that hc ani _xua
going i rumen, was filed for rec�o,�d in my office on the ZLOLday
of 0 _ l a IL4 Vock QM, and the same is
duly recorded in record � at paga$
Witness my hand and seal this�day of 1
ALMA KO
Circuit Clerk and
Ex-Officio Recorded
By
�
Deputy Clerk
iVOL8�Q ��
' F
• F
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I , DARLENE WESTBROOK, City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of the Fayetteville ,
Arkansas , J Zfe` Al &J . a%!740-, therein set forth ,
and
the same is as it appears of Record in � J nisi 0 .
&Ark, Volume V
f
at Page 3-aa9 thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this "! day of
,. •• �Za u F p� 1 .
.e , ,
CITY CLERK
VOL 8U0 569
Section 4. That tel Code of Ordinances,
Fayetteville. Arkansas. is hereby
amended by adding a section numbered
gLf.2, to read-as follows:
erection &67.2 Paragraph (a) of Been
1106.1 amended. 1!1®P
Paragraph (a) of section 1N.1 of
Southern Standard Building Code referred
Ito above (section 8.34) is amended and
Mail -rea3 as follows:
(a) No person, firm or corporation
shall erect. construct, eNarge. alter.
repair, move, . Improve, convert, or
demolish Any building or structure in
the applicable Jurisdiction, or cause the
same to be done, without first obtaining
a separate building permit for such
buildings or structures from the Building
Official: and a building permit shall
be required for the following work.
regardless of the cost:
(1L Enclosing a carport or car garage
whet5rer attached to Ne dwelling unit
or detached from the dwelling hurt;
(2) Enclosing so. existing rooted over
patio area;
(3) Erecting a new firoplace onto an
existing structure: masonry, aisle.
(4) Attaching brick,
or am type of heavy veneering W the
outside of a structure. ..
(5) Enclosing any type of existing
Parch or balcony area.
Section 5. The "Violations and Penal.
ties" Previsions as set out in Section
(142 entitled "Section 114 amended" shelf
Wan apply in this ordinance. (dl of
Section 6, That paragraph
Section 6.74 entitled: "Section 301.2 (a)
and (d) amended" of the Code of Ordin-
ances of Fayetteville, Arkansas, is
herehy,amendeds1ro mad as follows:
rd) Roof coverings In Ne fire district
shall conform W Ne requirements of
Class I or R — Beer coverings as
defined In section 708 except that red-
wood cedar or redwood shingles or hand
split shakei are permitted for roof cover-
ings of movable frame err metal awnings
and frame or metal mansard type mor
structures to the Best fire district under
Ne following conditions:
(1) When said awnings or mansard
structure Is attached W the outside of
a wall of an existing building of type
VI — wood frame construction:
(2) When said awning or man zi
SWeture ;is attached -m the outside of
at least a two (2) hour fire rated:
masonry wall or buildings of the
following construction:
Type I — Fireproof
Typo H — Fire resistive
Type III — Heavy Timber
Type V — Ordinary
NOTE: The mar side of any part
of the awning or mansard structure. '
As set out, in above numbered paragraphi
two (2), that should project above We'
trip of the supporting masonry wall of
the building shall be covered 'who metal
or other non-combustible materials.
43) When said awning or mansard
structure Is attached to lite outside of
of type N noncombustible construction )
provided such walls face a street or
permanent open specs of fifteen (15)1
feet or mom in width.
Section 7. That Section &Tl.2 entitled:
"Section MAB Paragraph (a) amended"
of the Code of Ordinances, City of Fay-
etteville. Arkansas, Is hereby deleted
from Ne City Code of Ordinances.
Section 0. That Section 6-79.1 entitled:
"'Section 105 (a) and (b) added" of
Ne Code of Ord Ina n es.
City of Fayetteville, is hereby amended
0 read as follows:
Section 6-79.1 Section 102 (a) and :
(b) added
Paragraphs (a) and (b) are hereby
added. to Section 103 of the Southern •
Standard BuildingCede referred to above
(function 8-34) and shall read as follows:
'a) A base course cf gravel, rxal,
crushed stone, sand. or a cambinalion
of such materials a minimum of six
(6) Inches in depth shall be provided
underneath the concrete finers dr all
livable areas including attached carports
and garage,
(b) Concrete used in the construction
of floors shall have a minimum com-
pressive strength of three thousand
(300) pounds per square inch.
Section 9. That Section &79.3 entitled:
"Section 1705.1 amended" of Ne Code
of Ordinances, City of Fayetteville, Ar-
kansas, is hereby , emended by adding
subparagraph (4) under paragraph (a)
to read as follows:
(4) Conerele nails driven by hand
(claw hammer) may be used to anchor
kills in reareas Bo01] and foundations
provided that concrete nails ah driven
while the concrete Is green (within ' a
day or two after concrete Is poured)
and ytnvlded thed the eencrals Wills,
ORDiNA11i NO, 11affoled, net greater then sixteen (16)
AN ORDINANCE AME simmine not OtNera.
TION 634 OF ?HE FAY16i Sec os I& Section 687 entitled "Book
CODE - OF ORMANCES TO ADOM ton 7104.62 amended" of the Code of
To REFERENCE T , 1973 ppPPRiN Ordinances W , li'menerille, Arbaptee,. le ,
O,, THE SOUTHERN aFANDARD bereby amendee w nM b fol STATE of ARKANSAS 1 ,
DING CODE; TO ADD, CODIFY. Section 2211 "GeAsk 0611 � J} ss.
:(1.1!TE CF:RT.413 >Vi Eacr 0s otherwise �l County of Washington
I"IT: seyyldnd In wig session, an aor
I %kxxty. 'Ixt yarn of my baBding atoll b—w�eiwsede
M IIr1 A re TND horn ase alts' e a dlffet"t elft ttthether
THF ITl RUU NG ee the Lm\Ipopi ne d1HeRR me- c
\ IIF f F"c.tl TCF £tNt parties), moved through or across any I, C_ _.. qT1
hereb certil that I
I I N d . A!D LPI F. s tle k, a[re�t lllel or highway within Y Y1615 - Om a a N lA0 oft tle Gq• M ' hMMteville, Arkansas, am the ublis ei of TNORTHWEST ARKANSAS TIMES, a dally
.7n he t! '9 J:diteon of the without first obtain" a moving permit newspaper having a second class mailing privilege, and being not lees than
ismL
nidard Building I was from the RUlldpla Official,sort 'r• . and ( (t]) $aemptems rtvm city Moving Per- four pages of five columns each, published at a fixed place of business and at
BF >S, are Ream fir mmmmn of mets a fixed (daily ) Intervals continuous) in the City of Fayetteville, County of
- of Yaike B t] r Of acres, rinds Y Y
o BodrLnc ordinance needs uto : No moving permit I be required Washington, Arkansas for more than a period of twelve months, circulated
atl I in the beat ratio be the Building orne o
r moving the
-
C 11, ni eygle m rectae rollicking urnrlurvr and distributed from an established place of business to subscribers and
I ea fiend{ and No for ma permit shall be
Ileac fie or D t In of let d for ' I ads'• [nnsported an readers generally of all classes in the City & County for a definite price for
„I F ' ieue Arkan' s, has I sate . or YNOW&I Highways each copy, or a fixed price per annum, which price was fixed at what is
. . o ase sem ddeal) m M au IM1 oar I meds if properly licensed
relating rs42M': epastro"ork oor r Arkamaeed by the Ie4 a me state considered the value of the publication, based upon the news value and
o= a.
In e b he iw7gl• a t w d���s I '�' CHIP WANW' feiyea shelf be service value it contains, that at least fifty percent of the subscribers
IIIPit 'Ra nam sYM,l fid me "Idi f Official for thereto have paid cash for their subscriptions to the newspaper or its agents
sl 'Nal will he d�oVed around
¢e:As, wrr 6)• paw e[ wtdlthe Same broody in such a manner or through recognized news dealers over a period of at least six months ;
, .e kept on file In the Office of a° ,beet he I r,j Bnlwcver, nrh across and that the said newspaper publishes an average of more than forty percent
. rk fir th Clly of Fayetteville. . :" ' no
In lie Cit. Geri, has caused p^"oo Ira) be regwmd to relocate said news matter.
m puhll it�`` d newspaper '. si I n1� nrvn oa' 11 1101 umess .other-
ivdulalon ei the cite : wile exempted In other sections m this
le. Arkan..i sating teal Cook. I further certify that the legal notice hereto attached in the matter of
d tinder consideration the f! i Na npc Permit shat] be
,ainrr sal for
coP f ,:. .I-.e the
Io �m d ad he nI dhnme•ll Dividing 91f Ick-_hod .�
d core and tttLL
was published in the regular daily issue of said newspaper for .
ras esei P insertionF as follows : !
tae The first insertion on the _ . J _.. day of
a
rk the second insertion on the day of _. .____ ._____ _ . 19.....--.__
pole
bile
or the third insertion on the - _ . __ _ day of --------- 19._-____
a,
and the fourth insertion on the -
Ar-
provisions of fotlew. Is herepy�{mentled m read as `/ 1
,f [he he Fa Fa% ttr_ I t CC
i I 2311 t N H� �Me tied -, L
Sworn to and subscribed before me on this _`.._. day of _ .------ ___
III ,
------------ -
--------------- ----
---- -------------- --------
I
.r
rmeeTnQ) 6ewrle I beWilred Nota'n' Pnhlh'
,i. „ • . i. ..._. .. , final
.,led
not My Commission Expires :
(6)
N6 //
,.s Its .-- � 0 C/ 4
pruv slon or part of this ordinance Sao
mrb be DIM ovaad w 0aea IU*I Ml
n
anymum of Camike ent Jurisdiction, s'
as Fees for Printing ........ ;_.1.L,L---moo AC
�egr
Ini . Cont of Proof .....__---- _----'----------------
,s ximg r • ,.ns
Shan Total ..___--_---
elpliusiold or
a work
Of the Chi
u r' ! 't the J cltaal ai,prook, I .
Im dVED T'
neddNw Menaded: ^See- - Je ' nAv s , " HbSI .
der Cade d ArIVP
sat Arkanais ROeSF:LI T. III,
'
No fellows:es, I
. .IJod; Ifiarl 107.2 (c) I '; 'i � Beall IANORR
1 by added to XrrK;T. n
1 Standard 1 ' I'. ro.ISI DAft1.EN� wbbTBROOK
le to hove (section '' a Iteatlgoed C11Y CLERK
it, .plead a. cfl, wok 'kLLN, 1iAli k was
^on,' ,I doubled reg Olcsmut. n.:
. I from fully r,dwork end Itch I-
odenla or this vd arterior
' '. non of the
lunch ymkenft relieve 1 ' r "a a
I .altle� r.'emarine
P