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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 Page 13 Ordinance No. 4044 gas meter can be set unless some change has been made in gas installation since service was disconnected. 2. PERMIT REQUIRED; QUALIFICATIONS. a. A gas permit shall be applied for and obtained from the City Inspection Division prior to beginning gas installations in the corporate limits of the City. b. The City Inspection Division is authorized to issue gas permits to the following: (1) State licensed supervising gas fitter. (2) State licensed master plumbers. (3) A permit may be issued to a property owner to install gas 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 gas installations must strictly comply with the requirements of this chapter. 3. MISCELLANEOUS. PROVISIONS. All underground plastic as piping shall have a number 14AWG copper or larger tracer wire with moisture resistant thermoplastic insulation installed in the same trench with the underground plastic piping. Said tracer wire shall be continuous and secured to the piping above ground. C. ADMINISTRATION AND ENFORCEMENT. 1. INSPECTION AND TESTS. a. Inspections of gas installations shall be made before covering, and with required tests as follows: (1) Underground (2) Rough -in and/or (3) Final Page 14 Ordinance No. 4044 b. Tests as required by code shall remain on any addition, alteration, repair, and new piping installations until the installation has been approved by a City Inspector. §151.60 PLUMBING CODE. A. ADOPTION BY REFERENCE. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Plumbing Code, Rules and Regulations of the State Board of Health, governing the Construction, Installation and Inspection of Plumbing and Drainage, 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 Plumbing Code, Rules and Regulations of the State Board of Health, Governing the construction, installation and inspection of plumbing and drainage shall be amended as follows: 1. PERMITS REQUIRED; QUALIFICATIONS. a. All plumbing work, unless specifically exempt herein, shall require the application and approval of a plumbing permit from the City Inspection Division, prior to beginning plumbing installations in the corporate limits of the City and on water and sewer systems owned by the City outside of the City limits. b. No plumbing permit shall be issued until the following has been received: (1) Plumbing Permit issued by the State Department of Health, as required. (2) Plans and specifications approved by the State Department of Health, as required. Page 15 Ordinance No. 40 4 4 (3) State Department of Health approval of an individual sewage disposal system when a public sewer is not available for use. (4) Building permit has been issued. c. No permit is required for minor repairs to faucet, valves, pipes, appliances, and the removal of stoppage. d. The City Inspection Division is authorized to issue plumbing permits to the following: (1) State -licensed master plumbers. (2) A permit may be issued to a property owner to install plumbing 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 plumbing work must strictly comply with the requirements of this chapter. 2. FAILURE TO PERMIT AND INSPECT. Water meters shall not be allowed for installations that have not been permitted and inspected. C. ADMINISTRATION AND ENFORCEMENT. INSPECTION AND TESTS. 1. Inspections of plumbing installations shall be made before covering, and with required tests as follows: a. Underground b. Under slab c. Rough -in and/or d. Multi -story Rough in, and e. Final 2. The City Inspector shall have the right to inspect and may require tests for existing plumbing installations when there is Page 16 Ordinance No. 4 o ti 4 reason to believe that such system is not safe for the use it is intended. When such inspections or tests indicate a faulty or unsafe system, the system shall be made safe to the satisfaction of the inspector before the system is used. §151.70 MECHANICAL CODE. A. ADOPTION BY REFERENCE. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Mechanical Code, Rules and Regulations of the State HVACR Board, including Guidelines for Estimating Heat Loss and Gain, governing the Installation and Inspection of Mechanical Systems duly adopted and promulgated by the Arkansas State HVACR Board, Little Rock Arkansas, pursuant to the authority expressly conferred by the laws of the State of Arkansas, 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 Mechanical Code, Rules and Regulations of the State HVACR Board, governing the installation and inspections of mechanical systems shall be amended as follows: 1. PERMITS REQUIRED; QUALIFICATIONS. a. All mechanical work, unless specifically exempt herein, shall require the application and approval of a mechanical permit from the City Inspection Division, prior to beginning. mechanical installations in the corporate limits of the City. b. No permit is required for minor repairs such as recharging of units, filter changes, and replacement of parts within the units. c. The City Inspection Division is authorized to issue permits to the following: (1) State Licensee (2) A permit may be issued to a property owner for mechanical installations in a single-family Page 17 Ordinance No. 4044 residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his/her home. Such mechanical work must strictly comply with the requirements of this chapter. C. ADMINISTRATION AND ENFORCEMENT. 1. INSPECTION AND TESTS. a. Underslab/Underground, b. Rough -in and/or c. Final. 2. The City Inspector shall have the right to inspect and may require tests for existing mechanical installations when there is reason to believe that such system is not safe for the use intended. When such inspections or tests indicate a faulty or unsafe system, the system shall be made safe before the system is used. §151.80 HOMEBUILDERS REGISTRATION. See Exhibit "C", attached hereto and made a part hereof. §151.90 UNSAFE BUILDINGS. See Exhibit "D", attached hereto and made a part hereof. Section 2. PERMIT FEES. Permit Fees shall be assessed as set forth in The General Building Permit Fee Schedule set forth below: See Exhibit "B", attached hereto and made a part hereof. Section 3. REPEALER. All ordinances in conflict herewith are hereby repealed to the extent of the conflict. Section4. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable, and if any provisions shall for any reason be illegal or invalid, such holding shall not effect the validity of the remainder of this ordinance. Page 18 Ordinance No. 4044 Sectio5. EMERGENCY CLAUSE. The City Council hereby determines that the aforesaid provisions are necessary to clarify and update existing regulations and unless put into effect immediately, the public health, safety, and welfare of the people of Fayetteville will be adversely affected. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public health, safety, and welfare shall be in full force and effect from and after its passage and approval. APPROVED this 15th day of ,Lull, 1997. u ;:•;' �^ t APPROVED: ') - lit J• t / By: �,'•l,``- -�' N',' Fr d Hanna, Mayor yy ` ATTEST) By: Traci Paul, City Clerk Page 19 Ordinance No. 4044 EXHIBIT "A" §151.10(A)(1). First fire zone; description. The first fire zone shall include all property located in the following areas of the city: (A) Beginning at a point where the east line of south Locust Avenue intersects the north line of West Rock Street and running thence west along the north line of Rock Street to the east line of South West Avenue; thence north along the east line of West Avenue to the north line of West Center Street to the east line of University Avenue to the north line of West Dickson Street; thence west along the north line of Dickson Street to the east line of Arkansas Avenue; thence north along the east line of Arkansas Avenue to the south line of Ida Street; then east along the south line of Ida Street to the east line of Gregg Avenue; thence north along the east line of Gregg Avenue to the south line of West Lafayette Street; thence east along the south line of Lafayette to a point 259 feet and three inches east of the east line of North West Avenue; thence south to a point in the south line of Scott Street, said point being 259 feet and three inches east of the east line of North West Avenue; thence east along the south line of Scott Street to the west line of Rollston Avenue; thence south along the west line of Rollston Avenue to a point 180 feet north of the north line of West Dickson Street; thence east parallel with the north line of Dickson Street to a point in the west line of a private driveway which is 147 feet, more or less, east of the east line of College Avenue; thence south along the west line of said driveway to the south line of East Dickson Street; thence east along the south line of east Dickson Street to a point which is 300 feet east of the east line of North College Avenue; thence south parallel with the east line of College Avenue to the north line of East Rock Street; thence west along the north line of Rock Street to the point of beginning. (B) Beginning on the north boundary of the area described in subsection (A) above, at a point which is 180 feet north and 160 feet west of the west line of College Avenue; thence north parallel with said west line of College Avenue; thence north parallel with said west line of College Avenue 480 feet; thence west 30 feet; thence north 132 feet to the south line of Lafayette Street; thence across Lafayette Street to the north side thereof to a point 180 feet west of the west line of College Avenue; thence north 92.5 feet; thence east 10 feet; thence north parallel to the west line of College Avenue 367 feet to the south line of Maple Street; thence northwesterly across Maple Street to the east line of the north -south alley between Maple Street and Davidson Street, the east line of said alley being 200 feet west of College Avenue; Page 20 Ordinance No. 4044 thence north along said east line to Davidson Street; thence northeasterly across Davidson Street to a point on the north line thereof, 140 feet west of the west line of College Avenue; thence north parallel with said west line of College Avenue to Trenton Boulevard; thence across Trenton Boulevard to a point on the north line thereof, 150 feet west of the west line of College Avenue; thence in a northerly direction parallel to and 150 feet west of the west line of College Avenue to the south line of North Street; thence east along the south line of North Street to a point 150 feet east of the east line of College Avenue; thence in a southerly direction parallel to and 150 feet east of the east line of College Avenue to the north line of Davidson Street; thence southwesterly across Davidson Street to a point on the south line thereof 135 feet east of the east line of College Avenue; thence south parallel to and 135 feet east of the east line of College Avenue 212 feet, more or less, to an east -west alley, thence southeasterly across said alley to a point on the south side thereof 205 feet east of the east line of College Avenue; thence south parallel to and 205 feet east of the east line of College Avenue to the north line of Maple Street; thence southwesterly across Maple Street to a point on the south side thereof 110 feet east of the east line of College Avenue; thence south parallel to and 110 feet east of the east line of College Avenue; thence south parallel to and 130 feet east of the east line of College Avenue, 295 feet, more or less, to the north line of Lafayette Street; thence southwesterly across Lafayette Street to a point on the south side thereof, 120 feet east of the east line of College Avenue; thence south 112 feet; thence east to a point 200 feet east of the east line of College Avenue; thence south 110 feet to Cravens Street; thence across Cravens Street to a point on the south side thereof 205 feet east of the east line of College Avenue; thence south parallel to and 205 feet east of the east line of College Avenue, 270 feet; thence west 55 feet; thence south to the north boundary of the area described in the subsection (A) above; thence west to the place of beginning. (C) A strip of land 150 feet wide on each side of the United States Highway 71 from the north line of the first fire zone, as established in the above divisions, north along United States Highway 71 to the north city limits. (D) A strip of land 150 feet wide on each side of the United States Highway 71 from the south boundary of the first fire zone, as established in the above divisions, south along United States Highway 71 to the south city limits. (E) A strip of land 150 feet wide on each side of United States Highway 62 from United States Highway 71 west along United States Highway 62 to the west city limits. Page 21 Ordinance No. 4044 (F) A zone 460 feet wide, extending 230 feet on each side of the center line of North College Avenue from the north line of East Dickson Street to the south line of East Davidson Street. (G) The west 300 feet of Block A of Maplewood Addition to the city. (H) Beginning at the limits of the first fire zone, as established by the above divisions, at a point on the north line of East Rock Street which is 200 feet east of the east line of South College Avenue; thence south along the east side of an alley 200 feet east of the east line of South College Avenue to the center line extended of East South Street; thence west along the center line extended of East South Street to the center line of South East Avenue; thence south along the center line of South East Avenue to the center line of West Fourth Street (formerly West First Street); thence west along the center line West Fourth Street to the center line of South Block Avenue; thence south along the center line of South Block Avenue to the center line of West Fifth Street; thence west along the center line of West Fifth Street extended to the intersection of the first fire zone limits as established by the above subsections, at a point 150 feet east of the east line of South School Avenue; thence north along said limits parallel and 150 feet east on the east line of South School Avenue to the north line of West Rock Street at said limits; thence east with said limits along the north line of Rock Street to the point of beginning. (I) A zone of 340 feet wide, extending 170 feet in each side of the center line of South School Avenue, from the north line of Rock Street south to the south line of Fifteenth Street. (J) A zone 360 feet wide, extending 180 feet on each side of the center line of West Sixth Street (Highway 62 West), from a north -south line parallel to and 140 feet west of the center line of South School Avenue west to a point on a line parallel with the west line of Buchanan Avenue. Page 22 Ordinance No.4044 0 4 4 EXHIBIT "B" GENERAL BUILDING PERMIT FEE SCHEDULE A. GENERAL: The following general provisions shall apply to all permits, including but not limited to Building; Electrical, Gas, Mechanical and Plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. 1. PERMIT FEES. a. DESIGN / BUILD FEE. In addition to the permit fees, a design/build fee for fast -track, design -build, and buildings permitted with construction progressing as designs and construction plans are in progress shall be equal to one-half the permit fee but shall not be more than $1000.00. b. EMERGENCY, INVESTIGATIVE AND AFTER HOUR. In addition to the permit fee, an emergency fee for after hours inspection, investigations and emergency inspections shall be $20.00 per inspection. c. OUTSIDE CITY LIMITS. In addition to the permit fee, each inspection required outside Fayetteville City limits shall be $20.00 per inspection. d. WORK WITHOUT PERMIT. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be doubled. Payment of such double fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. e. REINSPECTION. For each reinspection for correction of violations and/or if installation is not ready for requested inspections the fee shall be $20.00. 2. PERMIT VALUATION. a. Permit valuation is the reasonable valuation of all services, labor, materials and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. Page 23 Ordinance No. 4044 b. The permit valuation shall include total cost, such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paving, and land costs,, are not deemed a part of such permit valuation. c. The building permit fee shall be based on the valuation as determined by the Building Code data or as submitted by the applicant, whichever is greater. 3. EXEMPTIONS FROM PERMIT FEES. a. HISTORICAL BUILDINGS. (1) Buildings identified and classified as Historical Buildings or Structures by state or local jurisdiction shall be exempt from permit fees. (2) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty years old that are judged by the Building Official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration or relocation, or moving of buildings within fire districts. b. CITY. The City shall be exempt from permit fees. B. BUILDING CONSTRUCTION: Building Construction Fees shall be as set forth in the Building Code, Fees Appendix, except as set forth below: BUILDING CONSTRUCTION FEES. Partial C of O 25.00 Original C of O- New Building 15.00 Certificate of Completion 15.00 C of O - Existing Building and/or Change of Occupancy Use 25.00 Page 24 Ordinance No. 4044 Temporary C of O Annual C of O Renewal 25.00 12.50 Annual C of O Renewal - if Expired 25.00 Footing/Foundation Only 50.00 Appeal of Building Official to Construction Board of Adjustment and Appeal 50.00 Permit Extension 50.00 Plan View Fee shall not exceed 1000.00 C. ELECTRICAL: 1. For the purpose of establishing electrical permit fees for additions, alterations, repair, and new installations and to include farm buildings and owner/occupied dwellings a meter shall be defined as an apparatus to measure electrical power and an outlet shall be defined as a point on the wiring system at which current/voltage is switched, connected to a lighting fixture or receptacle, connected to utilization equipment, and connected to any equipment that receives, controls, stores, consumes, and/or transfers electricity. 2. ELECTRICAL PERMIT FEES. Fees for permit shall be paid to the City, as follows: a. First four meters, new or replacement... $20.00, b. $5.00 for each additional meter on a building, c. $0.25 per outlet, and d. $10.00 per inspection with electrical wiring in concrete. e. Neon tube lighting shall be $10.00 for each transformer. f. A minimum fee for any electrical permit shall be $20.00. Page 25 Ordinance No. 4044 D. GAS: 1. For the purpose of establishing gas permit fees for additions, alterations, repair, and new installations a gas outlet shall be defined as any service line an/or pipe replacement or extension and a connection to any device and equipment that receives, stores, consumes, transfers, and/or discharges gas. 2. GAS PERMIT FEES. Fees for gas permit shall be paid to the City, as follows: First 5 fixtures for $20.00 plus $2.00 for each additional fixture. 3. EXCEPTIONS. Gas ranges/ovens, domestic clothes dryers, and space heaters not required to have a vent are exempted and gas permits are not required to connect these appliances to an existing gas outlet in an existing piping system. E. MECHANICAL: 1. Unless the context otherwise requires, the following definitions shall apply: a. UNIT: A product or equipment used in heating and air conditioning, refrigeration, ventilation, or process cooling and heating system. b. HORSEPOWER: The equivalent to 746 watts. 2. MECHANICAL PERMIT FEES. Fees for a mechanical permit shall be paid to the City as follows: Minimum Permit Fee for the First Unit $20.00 Additional Units Greater than 1/3 Horse Power 5.00 Fractional Horsepower Mechanical Exhaust System 2.00 Gas Vent Per Unit 5.00 Page 26 Ordinance No. 4044 F. PLUMBING: 1. For the purposes of establishing plumbing permit fees for additions, alterations, repair, and new installations a plumbing fixture shall be defined as any service line and/or pipe replacement or extension and any device and equipment that receive, store, consumes, transfers, and or discharges liquid and/or waste. 2. PLUMBING PERMIT FEES. Fees for plumbing permits shall be paid to the City, as follows: a. First 5 fixtures for $20.00 plus $1.75 for each additional fixture, and b. $10.00 for each inspection required for plumbing under slab. Page 27 Ordinance No. 4044 EXHIBIT "C" §151.80 HOMEBUILDERS REGISTRATION. A. As used in this section, unless the context otherwise requires, the following definitions apply: 1. Homebuilder. Any person who, in the pursuit of an independent business, undertakes to or offers to undertake, or submits a bid to, or contracts or undertakes to construct, or assumes charge in a supervisory capacity or otherwise, or manages the construction or erection of a private residence on behalf of another person, or who, to do similar work upon his own property with the intent to resell the private residence, employs members of one or more building trades upon a single job or project or under a single building permit. 2. Residence. Any dwelling, from one to four units in design, intended principally for residential purposes. 3. Person. Any natural person, limited or general partnership, association, corporation, or other organization or entity, or any combination thereof B. Homebuilders applying for a permit pursuant to the building codes of the city, for the construction of a residence shall include a copy of such homebuilder's certificate of registration issued by the Arkansas Secretary of State pursuant to the provisions of A.C.A. § 17-47-101 et seq., as the same may be amended from time to time, and a statement by such homebuilder that such certificate of registration is in full force and effect, or evidence that the applicant is exempt from the provisions of A.C.A. § 17-47-101 et seq., because they are not a homebuilder, as defined in this section. C. The applicants for such permits may maintain on file with the city a current certificate of registration in lieu of submission of such certificate with each permit application. D. The requirements of this section shall be deemed to be independent of the requirements of any other ordinances for the issuance of permits for such construction. Page 28 Ordinance No. 4044 EXHIBIT "D" §151.90 UNSAFE BUILDINGS. A. Prohibited. No person or persons, partnership, corporation or association, hereinafter referred to as "owner", shall keep or maintain any house or building within the corporate limits of the city which as become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. B. Abatement procedure. 1. Resolution. The rules and procedures of the inspection department for cleanup, raze and removal of property shall be followed. If the results of such efforts are unsatisfactory, the inspection superintendent may forward the matter to the city council for consideration. The city council may by resolution make the following determinations and issue the following order: a. Determination of condition. The city council may be resolution determine that a building or house has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. b. Order of raze and removal. If it is determined that a building or house has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare, the city council may order the house or structure razed and removed. 2. Notice. a. Prior to the consideration of a resolution by the city council to determine whether a house of building is dilapidated, unsafe, unsanitary, or detrimental to the public welfare, the owner of such house or building shall be notified in writing of the date, time and place that the city council will consider such resolution. Such notice shall be delivered by registered letter or personal service, the receipt of which shall be duly acknowledged. Should the owner of any such house or building not be known, the owner's whereabouts not be known, or such owner not be a resident of Arkansas, then a copy of the written notice shall be posted upon the premises and the city clerk or his/her designee shall make an affidavit setting out the facts as to unknown address, whereabouts, or nonresidence, and Page 29 Ordinance No.4044 0 4 4 thereupon, service of publication as now provided for by law against nonresident defendants may be had and an attorney ad litem shall be appointed to notify the defendant by registered letter addressed to his last known place of residence if such can be found. b. After a house of building has been determined to be dilapidated, unsafe, unsanitary, or detrimental to the public welfare and ordered to be razed and removed, a true and certified copy of the resolution will be mailed to the owner thereof if the whereabouts of the owner thereof be known or their last known address be known, and a copy thereof shall be posed at a conspicuous place on such house or building. Provided, that if the owner of such house or building be unknown or if his or their whereabouts or last known address be unknown, the posting of the copy of the resolution as hereinabove provided will suffice as notice. 3. Raze and removal. If the house or building ordered by resolution to be razed and removed has not been razed and removed within 30 days after posting the true copy of the resolution at a conspicuous place on such house or building, the house or building will be razed and removed by the mayor or his/her designated representative. 4. Lien. In any situation in which the city council has issued an order for the removal of razing of a building or house as set forth above, and such order is not complied with by the owner of the building or house, the city may enter the property and remove and raze the building or house. The cost of the razing and removal shall be charged to the owner or owners of the property and the city shall have a lien against such property for such cost. 5. Enforcement. The lien herein provided for may be enforced and collected in either one of the following manners: a. The lien may be enforced at any time withing 18 months after work has been done, by an action in the chancery. Any enforcement action requiring sale of the subject property shall be with the express approval of the city council; or, b. The amount of the lien herein provided may be determined at a hearing before the city council held after 30 days' written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be Page 30 Ordinance No. 4044 known, and if the name of the owner and owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the city council shall be subject to appeal by the property owner in the chancery court; and the amount so determined at such hearing, plus 5% penalty for collection; shall be by the city council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less 3% thereof, when so collected shall be paid to the city by the county tax collector. c. All liens shall be recorded of record with the office of the Washington County Circuit Clerk. C. Emergency Action. Notwithstanding any provision herein to the contrary, in cases of extreme emergency where notice is not practical, the city and its authorized agents may enter upon any real property, house or building and take such action or actions as may be immediately necessary for preservation of the public health, safety and welfare prior to issuance of notice as provided for herein. Provided further, that the procedural requirements of Ordinance No. 3948 shall be adhered to following any such emergency action. D. City authority not limited by provisions. The provisions of Ordinance No. 3948 shall not be construed to limit the authority of the city, its agents, employees and officers, in the administration and enforcement of the various technical codes which have been adopted by ordinance and which shall remain in full force and effect; specifically the Arkansas Fire Prevention Code, Building Code, Electrical Code, Arkansas Plumbing and Gas Code.