HomeMy WebLinkAboutOrdinance 4044 ORDINANCE NO. 4044
AN ORDINANCE TO ADOPT THE ARKANSAS viRE
PREVENTION CODE, CONSTITUTING THE FIRE
PREVENTION CODE AND THE BUILDING CODE,
RELATING TO INSPECTION AND ENFORCEMENT OF
BUILDING PROVISIONS; ADOPTING THE ARKANSAS
BOARD OF ELECTRICAL EXAMINERS ACT, ARKANSAS
ELECTRICAL CODE AUTHORITY ACT, AND REGULATIONS
FOR THE BOARD FOR ELECTRICAL EXAMINERS
GOVERNING THE CONSTRUCTION, INSTALLATION AND
INSPECTION OF ELECTRICAL WIRING, ELECTRICAL
EQUIPMENT, AND ELECTRICAL INSTALLATION ;
ADOPTING THE ARKANSAS STATE GAS CODE, AND
RULES AND REGULATIONS OF THE STATE BOARD OF
HEALTH GOVERNING THE CONSTRUCTION,
INSTALLATION AND INSPECTION OF CONSUMER' S GAS
PIPING AND GAS APPLIANCES AND GAS EQUIPMENT;
ADOPTING THE ARKANSAS STATE PLUMBING CODE, AND
RULES AND REGULATION OF THE STATE BOARD OF
HEALTH GOVERNING THE CONSTRUCTION,
INSTALLATION AND INSPECTION OF PLUMBING AND
DRAINAGE; AND ADOPTING THE ARKANSAS
MECHANICAL CODE, AND RULES AND REGULATIONS OF
THE STATE HVACR BOARD, TO REGULATE THE
INSTALLATION OF THE MECHANICAL SYSTEMS ,
INCLUDING ALTERATIONS, kEPAIRS , REPLACEMENTS,
EQUIPMENT, APPLIANCES, FIXTURES, FITTINGS AND/OR
APPURTENANCES THERETO, INCLUDING VENTILATION,
HEATING, COOLING, AIR CONDITIONING AND
REFRIGERATION SYSTEMS, INCINERATORS , AND OTHER
ENERGY RELATED SYSTEMS; APPROVING A GENERAL
BUILDING PERMIT FEE SCHEDULE; AND READOPTING
PROVISIONS FOR FIREZONES, HOMEBUILDERS
REGISTRATION, AND UNSAFE BUILDINGS .
WHEREAS, A. C . A. § 14-55-507 authorizes a municipality to adopt by reference technical
codes or regulations without setting forth the provisions of the code; and,
WHEREAS, three copies thereof are filed in the office of the City Clerk for inspection and
view by the public prior to the passage of said ordinance; and,
WHEREAS , notice to the public by publication in a paper of general circulation within
Fayetteville has been given stating that the copies of the Arkansas Fire Prevention Code, with
/ I
Page 2
Ordinance No. 4 0 4 4
State adopted Appendices; the Arkansas Board of Electrical Examiners Act, Arkansas Electrical
Code Authority Act, and Rules and Regulations for the Board of Electrical Examiners ; the
Arkansas State Gas Code; the Arkansas State Plumbing Code; the Arkansas State Mechanical
Code, applicable Rules and Regulations of the State Board of Health and applicable Rules and
Regulations of the State HVACR Board, are open to public inspection prior to the passage of this
ordinance adopting said code; and,
WHEREAS, certain codes, rules and regulations , acts and fees are hereby adopted to
facilitate property inspection activities by the City of Fayetteville relating to construction and to
maintenance of buildings and are necessary to protect the public safety, health and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
S.ection1. That Chapter 151 : Building Regulations; Chapter 152: Electrical Code;
Chapter 154: Gas Piping Code; and Chapter 157: Plumbing Code, of the Code of Fayetteville are
hereby repealed and the following shall be inserted in their stead:
CHAPTER 151 : BUILDING REGULATIONS
§151. 10 FIRE ZONES,
A. ZONES. The City is hereby divided into two fire zones which shall be
known as the first fire zone and the intermediate fire zone.
1 . FIRST ZONE. The first fire zone shall include all property
located in the following areas of the city :
See Exhibit "A" attached hereto and made a part hereof.
2. INTERMEDIATE FIRE ZONE. The intermediate fire zone
shall include all territory now or hereafter within the corporate limits of the City
which is not within the first fire zone.
§151.20: GENERAL PROVISIONS. In addition to the specific provisions
provided hereinafter, the following General Provisions shall apply to the Building
Code, Electric Code, Gas Code, Mechanical Code and the Plumbing Code.
Page 3
Ordinance No. 4 n 4 4
A . PERMITS .
1 . A permit shall not be issued until the fees prescribed have been
paid. Nor shall an amendment to a permit be released until the additional fee, if
any, due to an increase in the estimated cost of the building, structure, electrical,
plumbing, mechanical or gas systems, has been paid.
2 . Every permit issued hereunder shall expire by limitation and
become null and void if construction/installation authorized by permit is not
commenced within six months from the date of such permit or if the
construction/installation authorized by such permit is abandoned for a period of six
months at any time after the construction/installation is commenced. Before such
installation can begin or be recommenced a permit extension fee shall be paid or
a new permit shall be secured for the unfinished portion of the installation as
required by the Building Official .
B . APPEAL. Whenever the administrative authority shall disapprove an
application, or the applicant is aggrieved by the interpretation of the administrative
authority, the applicant may appeal the decision to the Construction Board of
Adjustment and Appeals. The appeal must be filed within fifteen ( 15) days from
the date of the decision of the administrative authority. The Construction Board
of Adjustment and Appeals does not pre-empt the authority of the Arkansas
Heating, Ventilation, Air Condition and Refrigeration Licensing Board.
C . PENALTY. If not set forth specifically herein, § 10. 99, Code of
Fayetteville shall apply .
D . LIABILITY INSURANCE.
1 . The following shall be required to carry liability insurance:
a. Every licensed master electrician applying for an
electrical permit.
b . Every licensed supervising gas fitter actively
engaged in gas installations .
c . Every licensed mechanical/HVACR licensee
engaged in mechanical installations .
Page 4
Ordinance No. 4 0 4 4
d. Every licensed master plumber actively engaged
in plumbing installations.
2 . Liability insurance shall be carried as set out below :
a. General Aggregate $ 100,000
b. Personal & Advertise $ 100,000
c. Each Occurrence $ 100,000
Each certificate shall indicate name of insurance company issuing policy ,
name of insured, policy number effective and expiration date, and signature of
authorized representative of insurance company .
E. RESPONSIBILITIES OF PERMIT APPLICANT.
1 . It shall be the duty of the permit applicant or his authorized
representative to give notice to the City Inspection Division when an installation
is ready for an inspection.
2. It shall be the duty of the permit applicant to make sure that the
installation is ready for inspection before the inspection is requested.
3 . It shall be the duty of the permit applicant to provide ready
access to the premises where the requested inspection is to be made .
F. EXEMPTIONS . The assembly and erection of approved equipment by
the manufacturer of such equipment, except electrical, gas, mechanical, and
plumbing connections to said equipment, shall be exempt from permitting and
inspection provisions .
G . UNCOVERING WORK. Any installation or part thereof which is
installed, altered, or repaired and covered before being inspected shall be
uncovered for inspection as required by the City Inspector.
§151 .30 FIRE PREVENTION CODEBUILDING CODE.
A . ADOPTION BY REFERENCE. There is hereby adopted by the City
Council, by reference thereto, the provisions set forth in the Arkansas Fire
Prevention Code, constituting the Fire Prevention Code and the Building Code,
Page 5
Ordinance No. 4 0 4 4
with State adopted Appendices, and to include Weights of Building Materials, Fees
Schedules and CABO One and Two Family Dwelling Code, with appendices , as
may from time to time hereafter be amended and adopted by the State of Arkansas,
save and except such portions of said code as may be deleted, modified, or
amended herein.
B . DEFINITIONS. For the purpose of this chapter, the following
definitions shall apply unless the context clearly indicates or requires a different
meaning.
Building Official. A City Building Inspector.
Chief Administrator. Mayor of the City of Fayetteville.
Chief Appointing Authority. The City Council .
Chief Building Official. Inspection Division Director.
Department of Law. The City Attorney .
Energy Code. Arkansas Energy Code
Fire Official. Fire Chief
National Electrical Code. Electrical Code as adopted by the Board of Electrical Examiners
of the State of Arkansas.
Standard Gas Code. Arkansas State Gas Code.
Standard Mechanical Code. The Arkansas State Mechanical Code.
Standard Plumbing Code. The Arkansas State Plumbing Code.
The Office of the Director of Public Works. Public Works Director.
C . AMENDMENTS, ADDITIONS AND DELETIONS TO THE
BUILDING CODE. The Building Code shall be amended as follows :
1 . CONSTRUCTION DOCUMENTS . Plans reviewed for code
Page 6
Ordinance No. 4 0 4 4
compliance with permits issued shall be destroyed after construction is complete
and as allowed by law after copied for permanent record and maintained by the
City. Plans retained on file for one (1) through four (4) family residential dwelling
units will be destroyed when construction is complete and may not be permanently
copied.
a. Plans submitted to be reviewed for code
compliance and permitting shall note the following :
( 1) Construction Type
(2) Occupancy Classification(s)
(3) Occupant Load
(4) Design Live Loads
(5) Design Dead Loads
(6) Occupancy and Tenant Separations
(7) Design Snow Load
(8) Design Wind Load
b . Ground snow loads to be used in the
determination of design snow loads shall not be less than 20 pounds
per square foot.
c. A plan review by an independent entity may be
required by a Building Official for plans of unusual, special, and/or
hazardous use of buildings submitted for permit or review .
2. ENFORCEMENT.
a. In addition to the building permit fee, buildings
and parts of building shall not be occupied before an Occupancy
Certificate is executed and issued by a Building Official. The
Building Official shall have the right, after official notice to
occupant and/or owner, to disconnect the water service to a building
or part of a building, if occupied before the Certificate of
Occupancy is issued or if all laws, ordinances and code violations
are not remedied and inspected as approved.
b . The owner of a single family , and multifamily
residential dwelling will receive a copy of a Certificate of
Occupancy if requested.
Page 7
Ordinance No. 4 0 4 4
3 . FOOTING.
a. 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 distributes the load of the
building or structure to the ground.
b. Design Requirements .
( 1) The footing bottoms shall be a
minimum of twenty-four (24) inches below finish grade; and,
(2) The minimum width of a concrete
footing for a one story building with 1400 or less square feet shall
be eighteen (18) inches. The minimum width of a concrete footing
for two story buildings and buildings greater than 1400 square feet
shall be twenty-four (24) inches . All footings shall be reinforced
with horizontal steel rebar; and,
(3) Minimum Footing rebar size shall be
two (2) #4' s in an eighteen (18) inch footing and three (3) #4' s in a
twenty-four (24) inch footing and tied perpendicular with #4 rebar
at 24 inches on center, and supported 3 inches from the bottom of
the footing with support approved by the Building Official; and,
(4) The thickness of the concrete footing
shall be a minimum of twelve (12) inches with a minimum of
3000psi concrete; and,
(5) Minimum concrete footing for a
concentrated load shall be twenty-four (24) inches by twenty-four
(24) inches by twelve ( 12) inches in depth of 3000 psi concrete,
twenty-four (24) inches to bottom below finish grade with a rebar
mat of four (4) #4' s supported 3 inches from the bottom with
support as approved by the Building Official ; or
(6) Designed by an Arkansas Registered
Professional Architect or Engineer.
Page 8
Ordinance No. 4 0 4 4
4. CONCRETE FLOORS. (Slabs On Grade) .
a. Minimum requirement for concrete slab-on-grade
floors shall be constructed in accordance with the CABO One and
Two Family Dwelling Code and shall be at least eight (8) inches
above the finish grade surrounding the building; and ,
b. Concrete used in the construction of floors shall
have a minimum compressive strength of 3 ,000 pounds per square
inch; or,
C. Designed by an Arkansas Registered
Professional Architect or Engineer.
5 . CRAWL SPACE. Crawl space grade shall not be lower than
finish grade outside of a building without construction of a drainage remedy
approved by the Building Official.
6. SIGNS . The City of Fayetteville adopted Sign Ordinance shall
take precedence over conflicts with the Building Code Outdoor Displays and Signs
requirements .
7. PORTABLE BUILDINGS. Requirements for Building Permits
shall not apply to small one story portable buildings with an area of 80 square feet
or less, but shall be subject to other applicable City requirements.
8 . REROOFING. Reroofing of existing residential dwelling units
including detached garages and portable buildings shall not require a permit.
However, the project is not exempt from meeting all code requirements .
D . AMENDMENTS, ADDITIONS AND DELETIONS TO THE FIRE
PREVENTION CODE. The Fire Prevention Code shall be amended as follows :
Sprinklers . In addition to the requirements of the Fire Prevention Code
and the Building Code, any new building or alternation, addition or change of
occupancy of existing buildings which exceeds three stories including the basement
or 50 feet or greater in height to the highest point of said building be protected by
a complete automatic sprinkler system designed and installed with compliance to
applicable NFIPA Standards.
Page 9
Ordinance No. 4 0 4 4
§151 ,40 ELECTRICAL CODE,
A . ADOPTION BY REFERENCE. There is hereby adopted by the City
Council of the City of Fayetteville, Arkansas, by reference thereto the provisions
set forth in the Arkansas Board of Electrical Examiners Act, Arkansas Electrical
Code Authority Act, and Regulations for the Board of Electrical Examiners
governing the construction, installation and inspection of electrical wiring,
electrical equipment, and electrical installations, pursuant to the authority expressly
conferred by the laws of the State of Arkansas , and as may from time to time
hereafter be amended, save and except such as may be deleted, modified, or
amended herein.
B . AMENDMENTS, ADDITIONS AND DELETIONS . The Arkansas
Board of Electrical Examiners Act, Arkansas Electrical Code Authority Act, and
Regulations for the Board of Electrical examiners governing the construction,
installation, and inspection of electrical wiring, electrical equipment, and electrical
installations shall be amended as follows:
1 . RESPONSIBILITIES OF A MASTER ELECTRICIAN. It shall
be the duty of the master electrician to require apprentice electricians to register
annually with the City Inspection Division before doing electrical work and to
inform the Inspections Division when said apprentice is terminated. Registration
fee shall be $10.00.
2. EXEMPTIONS. The following shall be exempt from these
provisions :
a. Any construction, installation, maintenance,
repair, or renovation by a public utility regulated by the Public
Service Commission, by a rural electric cooperative, of any
transmission or distribution lines or facilities incidental to their
business and covered under other nationally recognized safety
standards;
b. Electrical work regulated by the Arkansas
Department of Labor, Elevator Safety Division.
c . A permit is not required for minor repair,
replacement of fuses and lamps, or connection of portable electrical
equipment to permanently installed receptacles.
Page 10
Ordinance No. 4 0 4 4
3 . PERMITS REQUIRED ; QUALIFICATIONS .
a. All electrical work, unless specifically exempt
herein, shall require the application and approval of an electrical
permit from the City Inspection Division prior to beginning
electrical installations in the corporate limits of the City .
b . The City Inspection Division is authorized to
issue electrical permits to the following:
(1) Arkansas State licensed master electricians.
(2) Arkansas State licensed industrial
maintenance electrician for an electrical permit on or within an
industrial or manufacturing type facility .
(3) A permit may be issued to a property
owner to install electrical installations in a single-family residence,
provided the property owner does the work himself, and the
building is owned and occupied by such owner as his home. Such
electrical work must strictly comply with the requirements of this
chapter.
4. POWER COMPANY
a. An electrical utility power company shall not
install a meter before approval is received from the Inspection
Division when there have been changes, additions, alteration,
and/or repairs to the electrical system.
b . An electrical utility power company shall not
install a meter when faulty electrical wiring is evident and a hazard
exists.
c. Nothing herein shall be so construed as to require
approval from the Inspection Division before a meter is installed on
an existing installation unless some change has been made and/or a
hazard exists to the electrical system.
Page 11
Ordinance No. 4 0 4 4
5 . MISCELLANEOUS PROVISIONS.
a. The use of type NM and NMC cable shall be
limited to residential dwelling units and existing buildings less than
3000 total square feet that are less than three stories and with
occupancy defined by the building code as business and/or
mercantile when altered, renovated, added to, and/or occupancy
changed . Existing electrical wiring proposed to be used for said
existing building shall be certified as safe by and Arkansas
Professional Engineer and/or Architect or Arkansas Master
Licensed Electrician.
b. The use of pull chain switches shall be prohibited.
c . The use of fuses as overcurrent protection of
circuits shall be prohibited in residential dwellings .
d. The minimum size of aluminum conductors shall
be #2. AWG. Splicing and termination of aluminum conductors shall
be with approved compression fittings .
6. NEON LIGHTING.
a. Power and control electrical wiring shall not be
installed without obtaining a permit. Permit application, drawings,
and specification shall be submitted for approval as required by the
Inspection Division before installation begins .
b. An electrical license shall not be required to
obtain a permit to install neon tubing, associated transformer, high
voltage wiring, and appurtenances .
B. ADMINISTRATION AND ENFORCEMENT .
INSPECTION AND TESTS.
1 . Inspections of electrical installations shall be requested
and approved by the Inspection Division before covering as follows :
Page 12
Ordinance No. 4 0 4 4
a. Temporary Construction Meter
b . Underground
c. In concrete or under concrete
d. Rough-in
e. Meter
f. Final
2. Tests on electrical work shall be performed by the master
electrician as required by the City Inspector .
§151 ,50 GAS PIPING CODE,
A . ADOPTION BY REFERENCE. There is hereby adopted by the City
Council by reference thereto the provisions set forth in the Arkansas State Gas
Code, Rules and Regulations of the State Board of Health governing the
construction, installation and inspection of consumer's gas piping and gas
appliances and gas equipment, duly adopted and promulgated by the Arkansas State
Board of Health, Little Rock, Arkansas , pursuant to the authority expressly
conferred by the laws of the State of Arkansas, and as may from time to time
hereafter be amended, save and except such portions of said code as may be
deleted, modified, or amended herein. .
B . AMENDMENTS, ADDITIONS AND DELETIONS . The Arkansas
State Gas Code, Rules and Regulations of the State Board of Health, Governing the
construction, installation and inspection of consumer's gas piping and gas
appliances and gas equipment shall be amended as follows:
1 . EXEMPTIONS. The following shall be exempt from
these provisions :
a. Nothing herein shall be construed as applying to
a gas company , its agents , servants and employees conducting its
business under the franchise granted by the City in the installation,
repair, maintenance, removal or replacement of gas piping
machinery or equipment owned or operated by the gas company in
the City .
b. Nothing herein shall be so construed as to require
a permit and inspection from the City Inspection Division before a