HomeMy WebLinkAbout1965-02-15 Minutes346
(Establish Alderman Thomas then moved to accept Recommendation No, 4 which was that` -the City Controller, Mayor and
method to Shop Committee establish a method of charging all departments of the City for use of the shop service a
chaIge for facilities.
luselof City The motion was seconded by Alderman Burgin and passed unanimously.
Citi Contr. Alderman Short moved to JpipiXo accept the recommendation No. 5 which was that the City Controller
to repare a shop report for the City Council each quarter,
sho report The motion was seconded by Alderman Wheeler and passed unanimously.
Alderman Christie reported that the Street Committee had recommended the approval of the Budget for the
Street Department as presented in the proposed budget provided emphasis be placed on Maintenance and that
any and all new construction work be presented,to the Council for their approval.
for 1965 Approved -
Alderman Christie then moved to approve the Budget for the Street Department for 1965 as recommended by
the Street Committee. oe
The motion was seconded by Alderman Wheeler and p a Upon roll call, the
0 o Volw depfefl' hri, tie Wheeler T .o B aucete and Short. NAY None
derma��read a fetter from onsu i i,ineer�aaffey an L.M. Mc�Good,uin, who had been
Extend / employed by the City on June 30, 1964 to make a study of the Sewer System of the City'of Fayetteville,
90 days to Arkansas, according to the terms which they had proposed.
Consulting They requested an additional 90 days in which to complete their report for the Council.
En ineers Alderman Wheeler moved that consulting Engineers John Mahaffey and L.M. McGoodwin be granted an addition
for report- 90 days to complete their report to the Council.
The motion was seconded by Alderman Thomas and passed unanimously.
Advertise Alderman Christie moved that the Mayor be authorized to advertise for bids Sato pave;,gcurb and gutter
for(, paving Center Street from Razorback Rd. toT-r�lard venue. gARV/0
Of Center The motion was seconded by Alderman Heflin and passed unanimously.
St.
Thereloobeing no further business, Alderman Watson moved to adjourn.
Adjourn- The motion was seconded by Alderman Christie and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
APPROVED:
GUY E. FROWN, q,1AYOR
ATTES :
40RGF, V, AVIS; CITY CLERK
The City Council of Fayetteville, Arkansas met in regular session on Monday, February 15, 1965 in the
Council Room of the City Administration Building at 7:30 P.M:f
Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Contrciter Albert J. Jones, City Attorney
Hugh Kincaid, City Engineer W. C. Smith, Chief of Police Hollis Spencer, Fire Chief Burl Skelton, and
Aldermen: Heflin, Christie, oJatson, Wheeler, Thomas, Burgin, Fadrette, and Short.
Absent: None.
The Minutes of the regular meeting
on Monday,
February 1,
1965, a copy of which had
previously been
ailed to each of the aldermen, were
approved
as written.
OF
THE
The City Planner.presented a petition for rezoning of property on the north side of Cato Springs Road
1430 north of and adjacent to McClinton's Second Addition from I-2 Heavy Industrial District to R -IB Single
Family Residential District, which had been approved by the Planning Commission.
After a brMT discussion, the City Attorney introduced and, at the request of the Council, read a proposE
ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING
DISTRICT MAP OF FAYETTEVILLE, ARY,ANSAS APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM I-2
HEAVY INDUSTRIAL DISTRICT TO R -IB SINGLE FAMILY RESIDENTIAL DISTRICT.°
Alderman Short then moved that the Ordinance pass. The motion was seconded by Alderman Burgin and
passed unanimously, where upon.the Mayor declared the Ordinance passed.
ORDINANCE NO. 1430
AN ORDINANCE AMENDING ZONING ORDINANCE N0.1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS
APPROVED MAY 28,1962, TO REZONE CERTAIN REAL ESTATE FROM I-2 HEAVY INDUSTRIAL DISTRICT TO R -1B SINGLE
FAMILY RESIDENTIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission-jof the City of Fayetteville,
Arkansas, on February 2, 1965, on the petition of McClinton Brothers Company requesting that said Plannir
Commission recommend to the City Council of the City of Fayetteville,_Arkansas, that the City Council
enact an Ordinance rezoning the following described property which is presently zoned I-2_Heavy
Industrial District, to -wit: A part of the Southwest Quarter of the Southwest Quarter, Section 21,
Township 16 North of Range 30 ?Jest of the Fifth Principal Meridian, Fayetteville, Arkansas, more particul
described as follows: Beginning at a point that is N"00 24' E, 660.0 feet from the Southeast Corner of
the Southwest Quarter of the Southwest Quarter of Section 21; thence West 310.0 feet; thence N 00 24' E ,
160.2 feet; thence N 800 31' E, 131.8 feet; thence N 00 24' E, '50.0 feet: thence N 800 31' E, 182.5 feet;
thence S.00 24' W, 262.0 Feet to the point of beginning, containing 1.53 acres, more or less, from I-2
Heavy Industrial District to,R-1B Single Family Residential District, And
WHEREAS, notice of said public hearing, setting forth the date, time, place and purpose of hearing;
and location of property was published in the Northwest Arkansas Times, a newspaper of general circu-
lation in said City, more than 15 days prier to said public hearing, and
WHEREAS, following said public hearing said Planning Commission certified to the City Council of
the City of Fayetteville, Arkansas its recommendation that an ordinance be adopted rezoning the above-
described property, which is presently zoned I-2 Heavy Industrial District, to R -1B Single Family
Residential District:
SECTION 1. That the above-described property which is presently zoned I-2 Heavy Industrial
be and the same is hereby rezoned to R -1B Single Family Residential District.
Abstaining-
lho tson.
IJOW THEREFORE,
BE IT ORDAINED By THE CITY COUNCIL
OF
THE
CITY
OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the above-described property which is presently zoned I-2 Heavy Industrial
be and the same is hereby rezoned to R -1B Single Family Residential District.
Abstaining-
lho tson.
e.
�ap/
SECTION 2. That all ordinances or 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 publicat
PASSED AND APPROVED THIS 15th day of February, 1965.
ATTEST:
k"Mrfl
APPROVED
6
G01 E. BROWN, MAYCR
The City Planner presented a petition to rezone certain real estate from R -1B Single Family Residential
District and 0-1 Open Land District to I-2 Heavy Industrial Disthict which had been approved by the
Planning Commission. The recommendation of the Planning Commission was spread in the Minutes and reads
as follows, to -wit:
RESOLUTION PC 2-65
WHEREAS, a public hearing was held Tuesday, February 2, 1965, by the Planning Commission fifteen
(15) days after a sign was erected upon the property and after a notice was publiched in the Northwest
Arkansas `Gimes; and
WHEREAS, after a special meeting held Friday, February 12, 1965, the Planning Commission voted
to make a recommendation to the City Council on the rezoning petition initiated by the Planning
Commission.
NOW, THEREFORE, BE IT RECOMMENDED "BY THE CITY PLANNING COMMISSION TO THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS,
SECTION 1, Than an ordinance be adopted for the purpose of rezoning from R -1B Single Family
Residential District and 9-1 Open Land District to I-2 Heavy Industrial District of the :following
described property:
Part of the NW,-, of the NW4 of Section 28, T -16-N, R -30-W of the 5th P. -M., described as follows,
to -wit: Beginning at the NW corner of said 40 acre tract and running thence South to the
SW corner of said 40 acre tract; thence Fast 1120 feet; thence North 195 feet to the South
scbi:of Lot 12 of Block 4 of Meadowlark Addition to the City of Fayetteville, Arkansas; thence
East 30 feet to the SW corner of Lot 11 of Block 4 ofi.said Meadowlark Addition; thence North
1125 feet; thence West 1150 feet to the point of beginning.
Section 2. That said rezoning be subject to the covenants and agreementsstated in the letter
from the Fayetteville Industrial Foundation, a copy of which is attached to the petition for rezoning,
and stated as follows:*
(a) Petition for rezoning be amended to exclude from the area to be rezoned the two lots
directly south and across Lorena Lane from Lot 11;
(b) No building will be constructed within 100 feet of the east boundary of the property to
be rezoned;
(c)
No
road
or
street will
be opened into the property
to be rezoned that will go
over Lots 4,
5,
6 and
8
of Block 4,
Meadowlark Addition.
SECTION 3. That Price Avenue, Micheal Avenue, Town Street and that portion of Lorena Lane west
of the east edge of the proposed zoning district boundary line, being streets located within the
property.requested to be rezoned, be vacated and closed.
PASSED AND APPROVED this 15thdav of February , 1965.
APPROVED:
(s) J. F. Palmer
J. F. PALMER, CHAIRMAN
h
The City Attorney introducdd and, at the request of the Council, read a proprosed 6rdVgn ce
in its entire @retitled, "AN ORDINANCE AMENDIidG 70DJING OfiDINAtdCE NO. 1239, AND REVISED Z NING
DISTRICT MAP OF FAYETTRILLE,&ARKANSAS, APPROVED 14AY E8 1962 TO RE -ZONE CERTAIN R EAL ESTATE
FROM R -IB SINGLE FAMILY RESIDENTIAL DISRTICT AND 0-1 DISTRICT TO 1i-2 HEAVY INDUSTRIAL
DISTRICT. 0C . i A4,pe4Z
ALdernt"9 Burgin then moved that the or enece pa64k. The motiou was ,seconded by A4derman Short
and passed Unanimously, wheoe upon the mayor declared the ordi pas6ed.
ORDINANCE ON. 1431
AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRACT MAP OF FAYETTEVI-
IlbFr,•ARKANSAS, APPROVED•MAY 28, 19629 TO RESZONE FCERTAIN REAL ESTATE FROM R -IB SINGLE FAMILY
RESEDE14TIAL DISTRICT AND 0-1; OPEN LAND DISTRICT TO 1-2 HEAVY INDUSTRIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville
Arkansas, on February 2, 1965, on the petition of the sa".6 Panning Commission requesting that the
City Council of tte City of Fayetteville enact an ordian ezoning certain lands, including the.
following described property, to -writ:
Part of the Northwest Quarter (NW4) of the Northwest Quarter (N•W14) of Section 28, Township
1'6 North, Range 30 West of the Fifth Principal Meridian, described as follows to -wit: Beginning
IQft0gi�Horthw&st'ec6rnen,ofesaidt:fdrtysa6r.&.Itractcarndtrunning thence South to the Southwest
corner of said forty acre tract; thence East 1120 feet; thence North 195 feet to the South side
of Lot 12 of Block 4 of Tegdowlark Addition to the City of Fayetteville, Arkansas; thence East 30
feet to the Southwest corner of Lot 11 of Block 4 of said Meadowlark Addition; thence North 1125
feet; thence West 1150 feet to the point of beginning, from
from R -IB Single Family Residential District and 0-1 Open Land Dietrict to 1-2 Heavy Industrial
District, and
WHEREAS, notice of said public hearing setting forth the date, time and purpose of hearing
and location of
property
was published
in the Arkansas
Times, a
newspaper of
circulation in
said City,
more than 15
northwest
days prior to said prblic
hearing,
and
WHEREAS, following said public hearing, said Planning Commission certified to the City
Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted
rezoning the above-described ordinahbe beeadbptbdzrezdning the above-described 0-1 OpenLEand
District, to 1-2 Heavy Industrial District:
NO114, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
SECTION 1. That the above-described property which is presently zoned R -IB Single F
Residential District and 0-1 Open Land District be and the same is hereby rezoned to 1-2 H
Industrial District,
SECTION 2. That all ordinances of 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 15th, day of February, 1965
APPROVED:
CITY CLERK 7Q/Un
GUY E. BRM, MAYOR
an Short read a letter from the City Engineer regarding instruments runway on the Fayet.bibiile
letter was spread in the minutes and read as follow:
'Mr. Carter Short, Chairman
Airport Committee
City Council
Fayetteville, Arkansas
Deqr Mr. Short:
Recent developments near the Fayetteville Airport have brought up height limitations as set out in
our Ordinance No. 1278. This ordinance specifically states that, "There is no designated instrument
runway presently on this airport," and the map designated Exhibit "Al' is based on a non -instrument appro
zone. The Southwestern Electric Power Company has in their files maps and information that requires
heights to conform to instrument runway requirements. lAam in receipt of a letter from F.A.A. engineers
in Shreveport which states in part, "While we have no requirements for instrument approach standards at
this airport, we would envourage their use whenever possible from the standpoint of safety and possible
future requirements."
Since the City Engineer is designated by theCgrdinance as the Administrative and Enforcement Officer,
I cannot require height limitations, except as the Ordinance prescribes. If the City Council desires the
standards for an instrument approach runway to prevwil, the Ordinance should be so amended.
Please consider this, and should you desire to amend our ordinance, I shall prepare a new map as
Exhibit "A" based on an instrument approach.
Very truly yours,
(S) W. Co Smith
r2CIA
Alderman Short moved that the city take the necessary steps tbeAm- end Ordinance No. 1278 to designate t
,#orth.South Runway at the airport an instrument landing runway and that the City Engineer have prepared
a zone map to accompany the ammended Ordinance.
/a 7 The motion wqs seconed by Alderman Whe@ler and passed Unamimouslyp
1.
Alderman Chris Vie reported that bidshad been received and openaon a loagfd* for the street department a
GNB that the low bid was the one by E:.igaMartin Machinery Co. For a net cost of 1847$*89.but
After a long discnssion, Alderran Burgin moved that the$10,000 drproved in the Budget for 1965 for the
purrWigeof land on M96e Street be appro�rfated for the purchase of a loader for the Street Department
and that the Mayor be authorrtll to pnpgAbethe Loaj*%r from E,Miartin Machinery Co. at a net cost
n, o� 18,478.69 .
The motion was seconded by Alderman Heflin and upon nr6*call the following vote was recorded, "Aye"
Heflin, Christie, Watson,•Wheeler, Thomas, Burgin, and Faucette."Nay" Short.
There biing seven "Ayes" and only one "Ngy"the Mayor declared the motion passed.
Alderman Christie introduced and read a proposed ordinance in its entirety 8,ntitled,,"AN ORDINANCE TO
BE KNOWN AS THE GENERAL GAS PIPING ORDINANCE OR THE CITY OF FAYETTEVILLE, ARLANSAS: PROVIDING FOR THE
PROMULGATION OF RULES AND REGULATIONS GOVERNING THE CONSTRUCTION, INSTALLATION AND INSPECTION OF GAS
APPLIANCES AND GAS PIPING: PRESCRIBING PENALTIES FOR THE VIOLATIONS OF SUCH RULES REGULATIONS, REPEALI
ALL ORDINANCES OR PARTS OF ORDINANCES IN C ONFLICT THEREWITH AND FOR OTHER PURPOSES:
After a long discussion Alderman,S moved that the Ordinance passed.The motion was seclorAW by
Alderman Thomas and passed 47rhereupon the Mayor declardd the Ordinance padsed.
OAS ORDINANCE No. 1432
AN ORDINANCE TO BE KNOWN AS THE GENERAL GAS PIPING ORDIN.ANCE.OF THE CITY OF FAYETTEVILLE, ARKNASAS:
PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE CONSTRUCTION, INSTALLATION AND
INSPECTION OF GAS APPLIANCES AND GAS PIPING: PRESCRIBING PENALTIES FOR THE VIOLATIONS OF SUCH RULES
REGUTATIONS,-REPAEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEMTITH AND FOR OTHER P13RPOSi :
WHEREAS, TIFe City Coundil 6T the City of Fayetteville, Arkansas finds that the Gas Pioing Ordinances
areeout of date and it is the best interest of the City of Fayetteville to revise its Gas Piping Orinance:
and
WHEREAS, the City Council of the City of Fayetteville, Arkansas has under consideration the adoption
of an ordinance relating to the installation and inspection of Gas Appliances and Gas Piping as set forth
in the September, 1964 edition of the pamphlet entitled, IINBFU PAMPHLET No. 54, Standard for the instal
lation of Gas Appliances and Gas Piping", as issued by the National Board of Fire Underwriters; and
WHEREAS, three (+3) copies of said pamphlet are kept on file in the Office of the City Clerk of the
City of Fayetteville, Arkansas and the City Council of the City of Fayetteville,'Arkansas has caused a
notice to be published in a newspaper of general circulation with the City of Fayetteville, Arkansas
stating that it had under consideration the adoption of said pamphlet and advising the publieLthat 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 CITY COUNCIL OF THE CITY OF FAYET^1EVILLE, ARKANSAS:
SECTION f 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 September, 1964 edition of the National Board of Fire Undesnrriter
pamphlet "NBFU No. 54 entitled "Standandcfor the installation of Gas Appliances and Gas Piping"; sale and
except such portions of said pamphlet as is hereinafter deleted, modified, or amended, and the provisions
contained in said pamphlet are hereby adopted and incorporated as fully as if set our in length herein,
and the provisions thereof incorporated as fully as if set out in length herein, and the provisions there
shall be controlling within the corporate limi:tsc6f the City of Fayetteville „ Arkansas. All gas piping
installations, installation of appliances or fixtures placed, or in any manner connected in any building
or structiire shall comply with the conditions of this ordinance.
SECTION 2 Adoption of Rules and Regulations
I;
The City Gas Inspector is hereby authoirzed to make such written Rules and Regulations Concerning
the installation and inspection of Gas Appliances and Gas Piping as may be necessary to implement, clarify,
and carry out the purposes of this ordinance, said Rules and Regulations tobecome effective upon approval
by the Mayor and City Council.
SECTION 3 Definitions
The Definitions in this ordinance shall correspond to those set out in the above adopted Gas Piping
pamphlet and include in addition the following:'
(t) GAS PIPING: The term "gas piping" as used in this ordinance, means the installation of gas
appliances and gas piping of any kind used, or to be used, in or on any building for light, heat or
power; provided however, that the words "gas piping',', "gas appliance" and "gas apparatus" shall not be
deemed to include or refer to service lines, apparatus, and equipment for the sale distribution, regulat-
ion of gas and remaining the property of the Gas Service Company.
(2) GAS FITTER: A gas fitter is a person who is licensed to do gas piping work.
'(,3) MASTER GAS FITTER.: A master gas fitter is a person who is licensed in the City to engage in
the gas fitters business as a contractor and is also qualified to do gas piping installation work on the
job.
(4) JOURNEYMAN GAS FITTER: A journeyman gas fitter is a person who is licensed in the City to do
the actual prysical work of installing gas piping when employed by a master gas fitter.
(5) CITYP The word "city" shall mean the City of Fayetteville, Washington County, Arkansas.
(6) PERSON: The word "person: as used in the within Gas Piping Ordiance mean and include any pers<
firm, co -partnership of corporation, depending upon the context or the sense in which the word is used.
(7) INSPECTOR: The word "inspector" shall mean the City Gas Inspector whose duties are defined
and set forth in the within Gas Piping Ordiance and such word shall include in its meaning all assistant:
authorized to assist or carry onthe work of gas piping inspection under the provisions of the Gas Piping
Ordinance.
SECTION 4 Gas Inspector
(Y) PROVISION FOR INSPECTOR: TEL&EEsil:lhd aByYcreeteiiithKp6§itiontlofFGgs Inspector of the City of
the City of Fayetteville, Arkansas, and as many assistants as are needed to discharge the duties of this
office. Said Gas Inspector an&%Passistants shall be versed in the theoretical and practical knowledge
of gas piping.
02) LIMITATION OF INSPECTOR: The inspector shall not be din ectly or indirectly connected in any
business engaged in gas piping work or sale of fixtures, appliances, and material.
(3) SALARY OF I14SPECTOR: The inspector shall receive, as full compensation for their service,
such salaries as the City Council may direct.
04) INSPECTOR: The INspector shall file bond in the sum of $T,000 to indemnify the City from the
loaf of any money or other personal property throught fraud, disoonesty' forgery, or embezzlements,
while occupying and performing his duties hereunder. The premium for such bond shall be paidby the Cit;
SECTION 5 Duties and Powers of Cas Inspeftor
(11) ENFORCEAiT;NT OF GAS ORDINANCE: It shall be the duty of the Inspector to enforce the provisions
of the Gas Piping Ordinance, to make investigations, inspector and/or test all gas piping, issue gas per.
mits and to prepare suitable forms,
35®
(2) GAS INSPECTOR RIGHT OF ENTRY: The Inspector and other persons authorized by the Inspector is
hereby granted the authority to enter all buildings in the City in the performance of his duties between
the hours of bhee performance of his duties between the hours of eigbb a.m. and five p.m. daily, except t
that in emergency the Inspector may enter buildings for such purposes at other that the above designated
hours, and may disseminate information relative to the provisions of this ordinance.
(3) ORDER GAS SERVICE DISCONNEtCED: When in the opinion of the Inspector any gas piping is unsafe
to l fe o£ o ertY he shall n?tifz db� Berson mint or operating to discontinue the use of the same and
o p ace h�gaspp ping in a sa e c n i i n imme is ly1p
If the owner, user or operator of such defective gas piping shall refuse to or fail to comply with
the Inspector's notice.to correct the faulty gas piping it shall be the duty of the Inspector to notify
in writing, the gas company furnishing gas to such defective gas piping, to cease to supply gas to same.
The inspector can waive this action if the person commences work to correct the defect and takes
precautionery steps satisfactory to the Inspector which will, in his judgment, assure safety of life and
property until the work is completed.
SECTION 6 Gas Fitters Examining toard
(1) APPOINTMENT OF EXAMINING BOARD: An examining board is hereby created to act on all applica-
tions for gas fitters license, examination for licenses and other related duties as may be required by
the gas piping ordinance. This board shall be the.same examining board as set out in the plumbing
ordinance of the City of Fayetteville.
The present board shall continue until their terms of office expire and their successors are appointed
and qualified. The Gas Inspector shall serve as its chairman and he shall keep a record of all applicant
and of the general proceedings of the board, and the board shall issue certificates for license to those
who successfully pass the examination.
(2) K1:1vMERS OF EXAMINING. BOARD: The Gas fitter examining board shall be composed of four (4)
active members and two (2) alternate members as follows:
(a) Active
Gas
Fitters Examining Board Members:
1.
A
City
licensed master plumber
2.
A
City
licensed journeyman plumber,
3.
A
City
licensed gas fitter.
4.
A
representative of the administrative authority of the City.
(b) Alternate Gas Fitters Examining Board Members:
1. A City licensed master plumber.
2. A City licensed journeyman plumber.
(3) MEETINGS OF EXAMINING BOARD: The gas fitter examining board shall meet at least once each
sixty (60) days or as soon as possible thereafter upon the call of the chairman of the examining board.
(4) EXAMINING BOARD SUPPLIES: The City shall secure necessary material equipment and supplies
as required by the board from the receipts collected with applications for examinations, and the Gas
Inspector shall be in charge of said equipment and supplies.
SECTION 7 Temporary City Gas Fitters Work Permit
(1) TEMPORARY GAS FITTERS WORK PERMITS PROHIBITED: No temporary City gas piping work permits
shall be issued by the Gas Inspector to any person.
SECTION 8 License Required
(1) GAS FITTERS LICENSE REQUIRED FOR INSTALLING GAS PIPING: Any person desiring to install or
replace any gas piping as defined in this ordinance, within the City must first procure a gas fitters
license or renewal thereof except as regulated or modified by provisions set forth in this ordinance.
(2) GAS FITTER. LICENSE REQUIRED TO CONNECT APPLIANCES: Any person desiring to connect any
appliance within the City must first procure a Gas Fitters License or rewal thereof except as regulated
or modified by provisions set forth in this ordinance.
SECTION 9 Renewal of City Gas Fitters License
An applicant desiring to renew a Cit*r gas fitters license may do so under one of the following
conditions:
(1) YEARLY RENEWAL OF GAS FITTERS LICENSE:
(a) The applicant must have held for the past year a similar city Gas fitters license.
(b) Applications for renewal of a city gas fitters license where the applicant has failed
to renew the city license regularly each year shall be referred to the gas fitters examining board
for consideration and review.
(2) INACTIVE DEFERRED LICENSE: A licensed master gas fitter or licensed journeyman gas fitter
ay make application to the City of Fayetteville, Arkansas for deferment of his city gas fitters license,
hich may be granted for a period not to exceed three (3) years, except that additional deferment to
embers of the Armed Services in times of emergency and in cases of serious illness may be granted by
the examining board.
(3) CHANGING A`DEFERRED LICENSE INTO AN ACTIVE CITY LICENSE: The applicant may convert a d
City gas fitters license to a similar active license during or at the end of the alloted three year
deferment period.
(4) INACTIVE -MASTER GAS FITTERS LICENSE: A City licensed master gas fitter not actively engaged
in, the City of Fayetteville, Arkansas may keep up his City master gas fitters -license by paying the
regular master gas fitters renewal fees plus any delinquent fees.
(j) LENGTH OF LICENSE: No City gas fitters license shall be issued for longer than one year and
all license shall expire on December thirty-first (31) of each year and such license may be renewed upon
application made within thirty days (30) following the date of expiration.
SECTION 10 Transfer of License
It shall be unlawful for any person, holding a City gas fitters license to transfer same or allow
the use of same, directly or indirectly by any other person for the purpose of obtaining a permit to do
any of the gas piping work herein specified.
SECTION ll Examination For City Gas Fitters License
Persons making application for a City gas fitters license for the first time must take and pass a
fitters examination to be administered by the City gas fitters examining board. The applicant must
nge with the chairman of the board for an examination for the license desired.
In order to satisfy this requirement for eligibility, the applicant must achieve at least the min -
score or grade on said examination required by the examining board.
Should an applicant fail two examinations in succession, he will be required to wait six months
the date of the last examination and pay an additional examination fee before he can be re-examined.
SECTION 12 License and Examination Fees --Delinquent License fee
The following license and examination fees shall be paid in advance to the City of Fayetteville:
(1) SCHEDULE OF LICENSE AND EXAMINATION FEES:
Master Gas Fitters License ----------------------------------- ---$15.00
Renewal of Master Gas Fitters License -------------------------- $15.00
Examination Fee for piaster Gas Fitters License ----------------- $10.00
Journeyman Gas Fitters License -------------------------------- -$ 5,00
Renewal of Journeyman Gas Fitters Licensee- ----- --------------- $ 5.00
Examination fee for Journeyman Gas Fitters License ------------- $ 3.00
(2) • RE-EXAMINATION FEES: An applicant who fails upon e,:amination shall be entitled to one ge-
mination without an additional examination fee. For each two subsea_uent examinations the fee shall
as set out in the above examination fees.
(3) DELINQUEN^1 FEE: If application for renewal of City gas fitters license is made after February
a delinquent fee of one dollar ($1.00) per month shall be added to the above annual renewal license
Such delinquent fee shall not exceed four dollars ($4.00) for an applicant in any one year.
(4) DEFERMENT FEE: A fee of $3.00 shall be charged to cover special deferment services connected
deferment of license.
SECTION 13 Gas Permits
(1) PERMIT REQUIRED% A gas permit shall be applied for and obtained from the City Gas Inspector's
e before beginning any gas piping work in the corporate limits of the City of Fayetteville,
sas.
(2) PERSONS QUALIFIED TO OBTAIN GAS PERMITS: The City Gas Inspector is authorized to issue gas
is to the following:
(a) City licensed master gas fitter.
(b) Property Owners: A permit may be issued to a property owner to property owner does the
work himself and the building is Dwned and occupied by such owner as his home, and provi
i:•:.? the issuance of said permit is not used as a divice to circumvent the requirement of
a City gas fitters, license emposed by this ordinance upon persons, firms or corporations
who are in the business of building such residences for resale.
Such gas piping work must be completed within strict compliance with the requirements
of this ordinance.
(3) QUALIFIED AND EXPERIENCED CONTRACTORS ENGAGED IN THE CONSTRUCTION OF CERTAIN TYPE OF SPECIAL=
IZED JOBS OR INSTALLATIONS.
Certain installtions shall be interpreted to fall under the definition of gas piping as set out
ve in this ordinance, however, because of the size of the job, and the technical or specialized nature
the gas piping work, the Inspector is authorized to issue special gas permits to contractors which
determines to Is qualified and experienced to make such installations.
SECTION 14 Gas Permit Fees
(1) DEFINITION OF A GAS OUTLET: For the purpose of establishing gas permit fees for remodeling
rk and new work, "gas outlet" shall mean ever threaded connection in the gas piping system to which
gas burning applicance or device is or may be attached.
(2) GAS PERMIT FEES: Fees for gas permits shall be raid to the City of Fayetteville, Arkansas
follows;
(a) 5 gas outlets, or less ------------------------ $5.00
6 to and including 12 gas outlets ------------- $7.00
13 or more gas outlets -----------------------MOO
(3) TESTING AHEAD OF GAS METER FEE: When the gas meter loop is located on private property or in
ch a way that a inspection and pressure test must be made on the gas piping between the gas meter and
e gas company gas main, an additional gas permit fee of $4.00 shall be added to the above gas permit
es. The licensed gas fitter shall provide an opening sotthat this portion of the gas piping can be
sted against the gas regulator.
(4) LARGE BUILDING FEES: An additional fee of $3.00 per inspection trip shall be charged when
size of the building require more than one pressure test of the gas piping from the gas meter loop
the building or buildings served.
(5) ADDITIONAL FEE FOR INSPECTIONS: When any extra trip by the City Gas Inspector or his assis-
s is necessitated by failure of the Gas Fitter or property owner who is installing the gas piping
to be ready for a gas inspection or of the gas fitter or geperty owner to comply with this ordinance
additional fee of $3.00 shall be charged for each and every trip so made.
(6) DOUBLE GAS FERI✓IT FEE: Should any person willfully or through neglience begin or complete
gas piping work for which a gas permit is required by this ordinance without having notified the
pector's office or applied for the necessary permit either prior to or during the day that work is
352
commenced, or on the next working day of the Gas Inspector where such work is commenced, on a Saturday
or a Sunday or a holiday, he shall, when subsegently securing such permit, be required to pay double
fees hereinafter provided 'for such permit; and shall be subject to all penal provisions of this ordina
SECTION 15 Time Limitation On Gas Permits
Every gas permit issued hereunder shall expire by limitation and become null and viod if the gas
piping work authorized by the permit is not commenced within six (6) months from the date of such permit;
and the pork diligently executed, or if the gas piping work is authorized by such permit is abandoned at
any time after the work is commenced. Before such work can be recommenced, a new gas permit shall first
be secured for the unfinished portion of the work.
SECTION 16 Refusal of permit and Suspension of eity Gas Fitters License
Any person engaged in tha business of installing gas piping workkwho shall fail to correct promp
any defect in any work done by him contrary to this ordinance after having been notified thereof by the
Gas Inspector, shall not be issued any further permits until such defect has been corrected; and in any
case in which any'person shall continue to or persistently violate the ordinances of the City inregard
to gas piping work or the orders of the Gas Inspector in relation to the same, the license of such
person shall be suspended or revoked.
SECTION 1? Gas Fitters Bond
Every master gas fitters actively engaged in the gas fitter business as a master gas fitter in th4
City of Fayetteville, Arkansas shall be required to carry corporate surety license permit bond as set cul
below:
(1) Such active master gas fitter shall execute and file in the Office of the City Cle
a corporate surety license permit bond in the sum of One Thousand Dollars ($1,000)
conditioned to indemnify and hold harmless, the City of Fayetteville, Arkansas,
and all persons, firms or corporations, against all loss by failure of said master
gas fitter, his agents, servants, or employees to comply with the provisions of
this Gas Ordinance.
SECTION 18 Gas Fitters Liability Insurance
Every master gas fitter actively engaged in the gas fitter's business in the City shall be
required to carry liability insurance as set out below:
(1) Bodily injury= -----------------------------$25,000 each person
50,000 each accident
(2) Property damage ----------------------------$10,000 each accident
25,000 aggregate
Such active master gas fitter shall file with the City Clerk a certificate or certificates of
insurance coverage, the number of said policy or policies and the name of the insurance company issuing
the insurance policy or policies, stating that said master gas fitter, his agents, servants, employees,
have obtained a contractors liability insurance. policy in the minimum coverage as specified.
(3) DUAL ?URPGSE LIAFILITy INSURANCE: Should such master gas fitter also hold a City master
plumbers license one liability insurance policy in the amounts set out above will be sufficient for
both the gas fitter and plumber liability insurance coverage.
SECTION 19 Responsibilites of the Licensed Master Gas Fitter
(1) ADVANCE NOTICE FOR GAS ITdSPECTION: It shall be the duty of the master gas fitter or his t:
authorized representative to give advance notice to the Gas Inspector when the gas piping work is ready
for an inspection.
(2) MAKE SURE WORK IS READY FOR INSPECTION: It shall be the duty of the master gas fitter to
make sure that the gas piping work will statnd the inspection before he requests the Gas Inspector to
make an inspection of the gas piping work.
(3) ACCESS TO WORK: It shall also he the duty of the master gas fitter to provide ready access
to the premises where the requested inspection is to be made.
SECTION 20 Inspection and Tests
(1) NUMBER OF GAS INSPECTION There shall be a minimum of two inspections by the gas inspector
or assistants when gas piping is installed in any building. The first such inspection to be known as
the gas test and the second such inspection to be known as the ginal inspection. a
(a) Gas Test;, The gas test inspection is to be made when the gas piping is installed
and all openings are capped ready Bdr a pressure test but before the gas piping is
concealed from view.
(b) Final Gas Inspection: The "final" gas inspection is to be made when all gas
fixtures are connected and the gas piping job is completed.
(2)
legal right
INSPECTI CIT AND
to inspect and
TEST
test
OF EXISTING GAS PIPING INSTALLATIONS: The Gas Inspector shall
existing gas piping installation when he has reason to believe
have the
that
such system
is not safe for
the
use it is intended. When such inspections ::or test indicate a
faulty
and unsafe
systen the owner
shall recondition or replace such
system in order to render it safe.
SECTION 21 Liability for;Damages
The issuance of permits or certificates of approval as required by this section shall not be
construed as relieving any person from liability for damages to persons or property in connection with
the operation, control or installation of any gas piping work, and the City of Fayetteville, Arkansas
shall not he held as assuming any liability by reason of the issurance-of permits of certificates of
approval. The intention oftthe provisions of this ordinance as to afford the public safety to life
and property insofar as such safety can be provided by law.
This ordinance shall not be construed to relieve from or lessen the responsib_lities of any person;
firm or corporation, owning operating or installing gas piping work, appliances, apparatus, construction.
NJ
or equipment, for the damage to property or persons injured by and defect therin, nor shall the City of
F,yetteville, Arkansas or any agent thereof be deemed to assume any such liability by reason of the
inspection authorized herein or by any type of certificate of inspection as may be issued by the City
Gas Inspector.
SECTION 22 Plans Or Drawing Required
The Inspector may, if he deems it necessary, require or demand from the master gas fitter a set -
f plans or sketch of any job showing the size of piping and etc., in order that the Inspector may check
hat the job complies with the provisions of this ordinance.
SECTION 23 Uncovering Gas Piping Bork
If any gas piping work or part thereof which is installed or altered, or repaired, is covered
ore being inspected by the Gas Inspector, it shall be unccovered by inspection after notice to uncover
work has been issued to the responsible person by the Gas Inspector.
SECTION 24 Exemptions
Exemptions from the proiiisions of this ordinance
(1) COUNTY STATE AND FEDERAL GOVERNNLT?T: Installations on property owned, used and operated by
County, State or United State Government.
This does not include the erection and or remodeling of private owned buildings prior to leasing
to a governmental agency.
(2) CITY PROPERTY: Gas permit fees shall he waivered for City of F,,,yetteville owned installations
however, these installtions must have inspection and meet other provisions of this ordinance.
(3) RAILROAD: Installations or equipment of a railway utility in the exercise of its functions
as a utility'; and located outdoors or in buildings used exclusively for that purpose and to which
the general public has not access.
(4) SPECIAL EQUIFNENT: The assembly and erection of gas equipment by the manufacturer of such
equipment. This does not include any gas piping work other than that involved in making connec—
tions within the equipment itself. A master gas fitter must be responsible for the connection
of such equipment to gas supply pipes.
(5) GAS COMPANY: Nothing herein shall be construed as applying to the 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 br operated by the gas company in the City.
(6) GAS COMPANY COiNECTING SERVICE: Nothing herin this ordinance shall be so construed as to
require a certificate of acceptance from the City gas Inspector•before a gas meter can be set unles
00
some change has been made in said gas piping since service was disconnected.
SECTION 25 Additions to Code Requirements
In addition to the provisions contained in the September, 1964 edition of the National Board of
Underwriters pamphlet "NBFU No. 54 entitled" Standard for the Installation of Gas Appliances and
Piping", the following requirements shall be met:
(1) PIPE MATERIAL:
All consiuners gas
piping shall be
black pipe and black malleable
fittings
(except stop—cocks
or valves) from the
gas meter into
the building.
(2) MINIMUM PIPI SIZE: All consumers gas piping from the gas meter to the first active gas open
in the building shall be not less than 1-71 inch in size, provided, however, that this requirement
may be waived when acceptable to the gas supplier and the City Pas Inspector.
(3) TRAILERS: Before any gas piping in or to a trailer shall be approved the trailer must rest
on a firm continuous foundation, or on piers supporting each corner of the trailer to the extent
that none of the weight of the trailer shall be carried by the wheels, axels, or springs of the
trailer.
SECTION 26 Penalties
(1) Any person, firm or corporation who engages in or follows the business or occupation of, or
advertises or holds himself or itself or acts temporarily or otherwise as a master gas fitter,
without first having secured the required license or permit; or who otherwise violates any
provisions of this ordinance or the rules and regulations adopted pursant hereto, shall be punished
by a fine of not more than twenty five dollars ($25.00) and shall be punished by a fine of fifteen
dollars ($15.00) for each day such violation continues.
SECTION 2�7.: Ordinances Repealed
The following ordinances are hereby repealed:
This ordinance shall be in full force and effect from and after its passage, approval, and publication:
715 Massed and Approved January 13, 1929
850 Passed and Approved JJanuary 6, 1941
937 Passed and Approved July 6, 1948
SECTION 28 SEVERABILITI?CLAUSE
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be
declared invalid for any reason whatsoever, such decision shall not effect the remaining portions of this
ordinance, -which shall remain in full force and effect; and to this end the provisions of this ordinance
are hereby declared to be severable.
SECTIO14 29 Clause
This ordinance shall be in full force and effect from and after its passage, approval, and publication:
EI
Passed and Approved This 15th, day of February, 1965.
AFPROVED:
ATTEST:
C:
MAYORt`�`J�/JIn
i
CITY C�LEiIR
The City B6ilding inspector read a4�posed ordiance in its inti r e'd "AN ORDINANCE TO BE KNOWN
AS THE CITY OF FAYETTEVILLE, ARKANSAS: PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS GOVERNINq THE
CONSTRUCTION, INSTALLATION AND INSPECTION OF PLUMING AND DRAINAGE: PRESCRIBING PENALTIES FOR THE VIOLATIONS
OF SUCH RULES REGULATIONS,• REPEALING ALL ORDINANCES OR FARTS OF ORDINANCES IN CONFLICT THFRF4ITH AND FOR
OTHER PURPOSES:
Alterman Short moved that the Ordinance pass. The motion was seconed by koiep e -a -Wheeler and passed
uaaaimousj�r where upon,the Mayor deplard the ordinance passed.
F PLUMBING ORDINANCEN09 1433
AN ORDINANCE TO BE KNOWN AS THE GENERAL PLUMBING ORDINANCE OF THE CITY OF FAYETTEVILLE, ARDANSAS: PROVII
FOR THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE CONSTRUCTION, INSTALLATION AND INSPECTION OF
PLUMBING AND DRAINAGE: PRESCRIBING PENALTIES FOR THE VIOLATIONS OF SUCH RULES�REGULATIONS, REPEALING ALI
ORDINANCES OR PARTS OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER PHRPOSES:
WHEREAS; the City Council of the City of Fayetteville, Arkansas caused a notice to be published tt{at
it had under consideration the adoption of an Ordinance relation to the construction, installation, and ins
ection of plulgbing and drainage, as set forth in a pamphlet entitled, "Arkansas State Plumbin3 Code, Rules
and Regulations of the State Board of Gealth Governing the Construction, Installation, and Inspection of
and Inspection of Plumping and Drainage, 1963 Fourth Edition Issued by the Arkansas State Board of Healt
Little Rock, Arkansas", and in a pamphlet entitled, "Septic Tank Systems, Arkansas State Board of health;
Bureau of health, Bureau of Sanitary Engineering, Bulletin No. 9111961, Edition and
WH1 1 S, three (3) copies of the above named pamphlets are kept on file in the Office of the City
Clerk of the City of Fayetteville,:+Arkansas, as provided by Arkansas Act 267 of 1964, Acts of Arkansas,
and
WHEREAS, the City Council of the City of Fayetteville, Arkansas -finds that it is to the best inter
est of the City of Fayetteville that the i3amphlet entitled "Arkansas State Plumbing Code, Rules and Regu:
ations of the State Board of `ealth, governing the construction, installation and inspection of plumbing
and drainage, 1963 Fourth Edition, issued by the Arkansas State Board of health, Little Rock, Arkansas,
"and the pamphlet entitled "Septic Tank Systems, Arkansas State Board of Health, Bureau of Sanitary
Engineering, Bulletin No. 92, 1961 Edition, beadopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET^_EVILLE, ARKANSAS:
SECTION 1 Adoption By Reference
There is hereby adopted by the City Council of the City of Fayetteville, Arkansas, by reference t
to the provisions set forth in the pamphlet entitled, "Arkansas State Plumbing Code, Rules and Regulatic
of the Saate.�Board of Health governing the construction, installation and inspection of plumbing and
drainage, 1963 Fourth Edition, issued by the Arkansas State Board of Health, Little Rock, Arkansas",a
together with the provisions of the pamphlet entitled "Septic Tank Systems, Arkansas State Board of ec
Health, Bureau offSanitary Engineering, Bulletin No. 92 1961,Edition, save and except such portions of
said pamphlets as are hereinafter deleted, modified, or amended, and the provisions contained in said
pamphlets are hereby adopted and incorporated as fully as if set out at length herein, and the provisimr
thereof shall be controlling within the corporate limits of the City of Fayetteville, Arkansas,
SECTION 2 Adoption of Rules and Reguclations
The City Plumbing Inspector is hereby authorized to rake such written Rules and Regulations con-
cerning plumbin� as may be necessary to implement, clarify, become effective upon approval by the Mayor
and City Counci
SECTION 3 Definitions
(1) The Definitions in this Ordinance shall correspond to the definitions contained in Act 200 of
1951, Acts of Arkansas, and contained in the above referred addition of the Arkansas StaterPlumbiru� Code.
(2) PLUMBINq: For the purpose of this ordinance "Plumbin" shall also be defined to include the
I
following:
(a) (a) All piping, fixtures, appliances and appurtenances in connection with the water supply
^ 3andhdk&ihage §ystemnwithinta building and to a point from three to five feet outside of
the building.
(b) The construction and connection of any drain or waste pipe carrying domestic sewage from
a point within three to five feet outside of the foundation walls of any building to the
alteration of any such system, drain or waste pipe, except minor repairs to faucets,
valves, pipes, appliances, and removing of stoppage.
(c), The water service piping from a point within three to five feet outside of the foundat-
ation walls of any building to the City municipal water system or private water system.
(d) Including but not limited to the connecting of hot water storage tanks, water softeners,
water heater, washing machines, dishwashers, air conditioner cooling.towere, swimming
pools, automatic fire sprinkling systems and any receptacle, device or appliance which
is connected to any water supply (public or private) or sewer system within the corporate
limi6s of the City of Fayetteville, Arkansas.
SECTION 4 Plumbing Inspector
(1) PROVISION FOR INSPECTOR: There is hereby created by the position of Plumhin0 Inspector of
355
I
as i l..l S^ t^ n t^ n r le CA'YWnf r- t• fi: o a:..S
o$a:the�Ci��laf ��'d3:fit'te�ller, ArKA�'s3lis; enc"i`�a"s ma3ljt Arssis`Ea'h`ts as are nered'ed oto cu.sl;Rar tti-e
duties of this office.
(2) LIMITATION OF INSPECTOR: Plumbing I spector and his assistants shall not be diaeetly or
indirectly connected in any business engaged in plumbing or the sale.of plumbing fixtures,
appliances, and material.
(9) SALARY
OF INSPECTOR: The Plumbing Inspector
and
his assistants shall receive, as full
compensation
for their services, such salaries as
the
City Council may direct.
(4) INSPECTOR BOND: The Plumbine Inspector shall file bond in the sum of $1,000 to indemni
the City of Fayetteville, Arkansas from the loss of any money or other personal property
through fraud, dishonesty, forgery, or embezzlements, while occupying and performing his dut
hereunder. The premium for such bond shall be paid by the City of Fayetteville, Arkansas.
(5) DUTIES OF INSPECTOR: IiVESTIGATION, ENFORCEMENT: It shall be the duty of the Plumbine
Inspector and his assistants to enforce the provisions of the Plumbing Ordinance to make
investigations, to inspect and/or test plumbing work, to issue plumbing permits and to preps.
suitable forms.
(6) INSPECTOR: RIGHT OF ENTRY: The Plumbing Inspector,*or his assistants and other persons
authorized by the inspector, is hereby granted the authority to enter all buildings in the
City in the performance of his duties between the hours of eight a.m. and five p.m. daily,
except that in emergency the Plumbing Inspector may enter buildings for such purposes at oth
than the above designated hours, and may disseminate information relative to the provisions
of this ordinance.
SECTION55 Plumbing Examining Board
(1) APPOINTMENT OF EXAMINING BOARD: An examing board is hereby crea$ed to act on all aplic-
akions for Plumbing License, examination for licenses and other related duties asm ay
be required by State Saw and the Plumbing Ordinance of the City of Fayetteville, Members of
the board shall he appointed for a period of two years by the Mayor of the City of Fayetteville
Arkansas, with the recommendation of the Plumbers Association of Fayetteville, given due con-
sideration. .
(2) irUPERS OF EXAMINING BOARD: The plumbing examining board shall be composed of four
(4) active members and two (2) alternate members as follows:
(a) Active Plumbing Examining Board Members.
1. A City licensed master plumber.
2. A City licensed journeyman plumber.
3. A City licensed gas fitter.
4. A representative of the administrative authority of the City.
(b) Alternate Plumbing Examining Board Members.
1. A City lincensed master plumber.
2. A City licensed journeyman plumber.
(3) MEETINGS OF EXAMINING BOARD: The -plumbing examining board shall meet At least once each
sixty (60).days or as soon as possible thereafter upon the call of the chairra n of the exam-
ining board.
(4) ERAVININg BOARD SUPPLIES: The City shall secure necessary material, equipment and
supplies as required by the board from the receipts collected with applications for examinatior.
and the -Plumbing Inspector shall -be in charge of said equipment and supplies.
SECTION 6 Temporatp* City Plumbing Work Permits
(1) MASTER TEMPORARY WORK PERMITS: No temporary City plumbing work permits shall be. issued
to -any applicant who has applied for a City master plumbing licinse.
(2) JOURNEYMAN PLUMBER TEMPORARY WORK PERMIT: A temporary City journeyman plumbing work
permit may be issued to an applicant who has applied for a City journeyman plumbing licinse
for a 30 day period or until the next plumhing•examination is given by the plumping examining
board and only on the following conditions:
(a) The applicant must have a temporary Arkansas State Journeyman work permit or
i:ol hold a permanent Arkansas State `ourneyman plumbers license for the Current year.
(b) The applicant must rake arrangements with the chairman of the plumbing examinging
board to take the examination for.the City journeyman plumbers license.
(o) The temporary City work permit authorized under this section shall become void
and the applicant must cease doing plumbing work in the City of Fayetteville if
the minimum passing grade required by the examining board.
(d) •No temporary work permit may be renewed or reissued to the same applicant. A'p-
plumbers license to continue doing plumbing work in the City of Fayetteville after
tthe expiration date of the temporary work permit or after such date as the ataming
board may direct.
SECTION 7 Plumbing License Pequired •
Any person desiring to install or reglace any plumbing work, as defined in this plumbing ordinance,
within the City of Fayetteville, Arkansas must first procure a plumber's license or renewal thereof ex-
cept as regulated or modified by provisions set forth in this plumbing Ordinance.
SECTION 8 RRnewal of Plumbing License
ions:
An applicant desiring to renew a City Plumbing license may do so under one of the following condit-
.,
356
(1) YEARLY RENEWAL OF PLUMPING LICENSE: The applicant must hold an Arkansas State Plumbers License
for the current year (temporary Arkansas State Plumbers Permit will not satisfy this requirement) an
the applicant must have held of the past year a similar city license as that applied for in his ap-
plication.
(a) Applications for renewal of a City plumbing license where the applicant has faildd to renew
the city license regularly each year shall be referred to the plumbing examining board for consi
eration and review.
(2) INACTIVE DEFERREp LICENSE: A licensed master plumber or licensed journeyman plumber may coos
to move to another city for employment purposes but wishes to keep his city plumbing license in goo
standing.
Such plumber may make application to the city of Fayetteville, Arkansas for deferment of his city
plumber's license. This deferment may be granted for a period not to exceed three (3) years, except tha
additional deferment to members of the Armed Services in times of emergency and in cases of serious ill-
ness may be granted by the examining board.
(3) CHANGING A DEFERRED LICENSE INTO A ACTIVE CITY LICENSE: The applicant must convert a deferred
city plumbing license to a similar active license during or at the end of the alloted three year
deferment period.
(4) INACTIVE MASTETi PLUMBER LICENSE: A city licensed_ master plumber not actively engaged in the
plumbing business as a raster plumber in the City of 4yetteaillelt, Arkansas may keep up his city
master plumbers license by paying the regular master plumber renewal fees plus any delinquent fees.
(5) LENGTH OF LICE14SE:
No city plumbing license
shall be
issued for longer than one year and all
licenses shall expire on
December thirty-first (31)
of each
year and such license may be renewed up
application made within
thirjy days (30) following
the date
of expiration.
SECTION 9 Transfer of License
It shall be unlawful for any person, holding a City plumbing license to transfer same or allow the
use of same, directly or indirectly by any other person for the purpose of obtaining a permit to do any
of the plumbing work herein specifiedl.
SECTION 10 Examination For City Plumbing License
5 The applicant must hold an Arkansas State Plumbers license for the current year (a temporary Arka
State Plumbers Permit will not satisfy this requirement), The applicant must arrange with the chairman
the City plumbing examining board for.an examination for the license desired.
The applicant must take and pass a plumbing examination to be administered by the examining board.
In order to satisfy this requirement for eligibility, the applicant must achieve at least the minimum
score or grade as required by the examining board on said examination.
Should an applicant fail two examinations in succession, he will be required to w$it six minths
the date of the last examination=and Fay an additional examination fee before he can be re-examined.
SECTION 11 Licinse and Examination Fee --Delinquent License Fee
Th6efollowing licinse and examination fees shall be paid inadvance.to the City of Fayetteville:
(1) SCHEDULE OF LICENSE AND EXAMINATION FEES:
Master plumber license--------------------- -- $15.00
----------------- ---
Renewal of master plumbing license ---------------------------------- $1519'00
Examination fee for master plumbing license ------------------------ $15,00
Journeyman plumber license --------------------
Renewal,of journeyman plumbing license --------
Examination fee for journeyman plumbing license
$5.00
$5.00
$5.00
(2) RE-EXAMINATION FEE: An applicant who fails upon examination shall be entitled to one re-exami
ation without an additional fee. For each two subsequent examinations thereafter the fee shall be
as set out in the above schedule of examination fees.
0) DELINQUENT FEE: If application for renewal of City plumbingtlicense is made after February 1s
a delinquent fee of one dollar ($1.00) Per month shall be added to the above annual renewal license
fees. Such delinquent fee shall not exceed four dollars ($4.00) for an applicant in any one year.
(4) EDFERIENT FEE: A fee of $3.00 shall be charged to cover special deferment services connected
with the deferment of a City plumber's license.
SECTION 12 Apprentice Plumbers
A person who is qualified under the Arkansas State Apprentice program shall be permitted to work in
side the City of Fayetteville, Arkansas as an apprentice plumber provided:
(1) REGISTRATION: The apprentice plumber must registre with the plumbing inspector and he shall b
required to notify the Plumbing Inspector each time he changes employment to work for another licen
master plumber.
(2) SUPERVISION: The apprentice plumber working in the City of Fayetteville, Arkansas shall work
all times under the direction and constant personal supervision of a licensed journeyman or .master
plumber. An apprentice plumber who qualifies uider the requirements of the Arkansas State Apprent
program to work on a plumbing job along may also work in Fayetteville, Arkansas on a job unsupervis
(3) REGISTRATION FEE: Every apprentice plumber working in the City of Fayetteville, Arkansas sha
Fay a $1.00 registrationfEgeeshall be payable each year.
35'7
SECTION 13 Plumbing Permits
(10 PE IIT UIRBD: A plumbing permit shall be applied for and obtained from the City Plumbing
dtor's Office before beginning any plumbing work in the corporate limits'of the City of Fayetteville,
(2)
PERS014S QUALIFIED
TO
OBTAIN PLUMBING PERMITS:
The city Plumbing
Inspector is authorized to
issue
plukdaing permits
to
the following:
(f9 Water ,yard lines (replacement or new lines)
(a) City licensed master plumber.
(b) Property owners: A permit may be issued to a property owner to install plumbing in a sing"
family residence
provided the property owner does the work himself and the building is owns(
and occupied by such owner as his home, and provided the issuance of said permit is not us
as a device to circumirent to circumvent the riquirement of a city plumbing license imprsed
by this ordinance upon peroond, firms or corporations who are in the business of building
such residences for resale.
Such plumbing work must be completed within strict compliance with the requirements of thi
oordinance.
((e) Qualified and Experienced Contractors Engaged in the Construction of Certain Type of
Specialized Jobs: Certain installations shall be interpreted to fall under the definition
of "Plumbing" as set out above in this plumbing ordinance, because such installations will
be directly or indirectly connected bo or servied by a public or private water suppl# and{c
sewer system. However, because of the size of the job, and the technical or spedialized
nature of the work, the City Plumbing Inspector is authorized to issure special plumbing
permits to contractors such installations. 'This includes, but is not limited to the
following types of installations:
1. Swimming pools.
2. Automatic fire sprinkler systems and stand -pipes.
3. Special sewage disposal systems including sewer mains in connection therewith, and
ufacturing machinery together with pumps and tanks ased in conjunction therewith.
SECTIO14 14 Permit Fees
'(1) PEFI14ITION OF A FL€NRING FIXTURE: For the purpose of establishing plumbing permit fees for
remodeling work and new work, a plumbing fixture shall be defined as follower:
(a) Rew washing machines or replacements of washing machines that require any extensions or
alterations of the water supply of sewer drainage piping.
(b) Water heaters (new installations or replacements)
(a) Permit Fee Schedule:
$4.00 for the first fixture
$2,00 for the second fixture
$1.00 each for the next five (5) fixtures
$ .50 each for all additional fixtures above seven (7) fixtufeo
(b) Concrete Floor Building: An additional plumbing permit fee of $3.00 will be charged on
plumbing permits for concrete floor building.
(c) Large Buildings: An additional fee of $2.00 per inspection trip shall be charged when the
size of the building requires more than one "below the concrete floor" plumbing rough -in inspect
tion or more than one "above the concrete floor" (top -out) plumbing rough -in inspection.
(d) Additional Fee For Extra Inspections: When any extra trip by the city Plumbing Inspector
or property owner who is installing plumbing work to be ready tdr a plumbing inspection or to
comply with this ordinance, and additional fee of $3.00 shall be charged for each and every
trip so made inside the City of Fayetteville, Arkansas. An additional fee of $4.00 shall he
charged for each and every trip so made outside the limits of the City of Fayetteville, Arkans
(e) Double Plumbing Permit Fees: Should andy person willfully or through negligence begin or
complete any plumbing work for which a plumbing permit is required by this ordinance without l:
having notified the inspector's office or applied for the necessary permit prior to or during
the day that work is commenced, or on the next working day of the Plum ing Inspector where
such work is commenced on a Saturda'ir or a Sunday or a holiday, he shall, when subsequently
securing such permit, be required to pay double the fees hereinafter provided for such permit;
and shall be subject to all penal provisions of this ordinance.
(f) Septic Field Inspection Fee: When the City of Fayetteville, Arkansas, is requested to ins]
or make septic field percolation tests or fill out septic field forms, additional plumbing
permit fees shall be required as fbIlows:
1. A Fee of $10.CO when the City Plumbing Inspector makes a percolation test and inspects
a new septic disposal field installation for the minimum requirements as outlined. by the
Arkansas State Board of Health. The required percolation holes being dug and water for
making the test furnished by the plumber or property owner prior to calling the City
Plumbing Inspector for a percolation test.
2. A fee of $5.00 when the City Plurbing Inspector makes an inspection of an extension to
an existing septic disposal field installation, or when the City Plumbing Inspector makes
an inspection of a new septic field installation for the minimum requirements as outlined
by the Arkansas State Board of Health where a licensed engineer has made the percolation
test and has designed the disposal system. The licensed engineer must furnish the Plumbinj
(c) Air donditioners cooling towers.
(d) Sand, oil, grease, or special interceptor traps and separators.
(e) Sewer yard lines (replacement or new yardslines)
(f9 Water ,yard lines (replacement or new lines)
„yard
(g) Floor drains.
(h) Any receptacle, device, or appliance which is connected to any waterisupply system or
•
sewer within the corporate limits of the City of Fayetteville, Arkansas.
(2) PLUMBING PERMIT FEES: Fees for plumbing permits shall be paid to the City of Fayetteville,
Arkansas as follows:
(a) Permit Fee Schedule:
$4.00 for the first fixture
$2,00 for the second fixture
$1.00 each for the next five (5) fixtures
$ .50 each for all additional fixtures above seven (7) fixtufeo
(b) Concrete Floor Building: An additional plumbing permit fee of $3.00 will be charged on
plumbing permits for concrete floor building.
(c) Large Buildings: An additional fee of $2.00 per inspection trip shall be charged when the
size of the building requires more than one "below the concrete floor" plumbing rough -in inspect
tion or more than one "above the concrete floor" (top -out) plumbing rough -in inspection.
(d) Additional Fee For Extra Inspections: When any extra trip by the city Plumbing Inspector
or property owner who is installing plumbing work to be ready tdr a plumbing inspection or to
comply with this ordinance, and additional fee of $3.00 shall be charged for each and every
trip so made inside the City of Fayetteville, Arkansas. An additional fee of $4.00 shall he
charged for each and every trip so made outside the limits of the City of Fayetteville, Arkans
(e) Double Plumbing Permit Fees: Should andy person willfully or through negligence begin or
complete any plumbing work for which a plumbing permit is required by this ordinance without l:
having notified the inspector's office or applied for the necessary permit prior to or during
the day that work is commenced, or on the next working day of the Plum ing Inspector where
such work is commenced on a Saturda'ir or a Sunday or a holiday, he shall, when subsequently
securing such permit, be required to pay double the fees hereinafter provided for such permit;
and shall be subject to all penal provisions of this ordinance.
(f) Septic Field Inspection Fee: When the City of Fayetteville, Arkansas, is requested to ins]
or make septic field percolation tests or fill out septic field forms, additional plumbing
permit fees shall be required as fbIlows:
1. A Fee of $10.CO when the City Plumbing Inspector makes a percolation test and inspects
a new septic disposal field installation for the minimum requirements as outlined. by the
Arkansas State Board of Health. The required percolation holes being dug and water for
making the test furnished by the plumber or property owner prior to calling the City
Plumbing Inspector for a percolation test.
2. A fee of $5.00 when the City Plurbing Inspector makes an inspection of an extension to
an existing septic disposal field installation, or when the City Plumbing Inspector makes
an inspection of a new septic field installation for the minimum requirements as outlined
by the Arkansas State Board of Health where a licensed engineer has made the percolation
test and has designed the disposal system. The licensed engineer must furnish the Plumbinj
f!e The licensed engineer must furnish the Plumbing Inspector a design of the proposed
sal system prior to inspection by the inspector,
3• When the City of Fayetteville, Arkansas is requested to fill out any forms sudheasf
M.A. and G.I. septic disposal field forms a fee of $3.00 will be charged for preparing
each septic disposal form.
(g) Outside City Inspection Fees: When the City of Fayetteville, Arkansas is requested to
make a plumbing inspection of plumbing installed outside the corporate limits of the Cit;* of
Fayetteville, Arkansas that is to be connected to the City water or City sanitary sewer syst
an,* additional fee of $4.00 shall be added to the above plumbing permit fees.
SECTION 15 Time Limitation On Plumbing Permits
Every plumbing permit issued hereunder shall expire by limitation and become null and void if the
plumbing work authorized by the permit is not commenced:within six (6) months from the date of such per-
mit, and the work diligently executed, or if the plumbing work is authorized t>y such permit is abandoned
at any time after the work is commenced. Before such'work came recommenced, a new plumbing permit shall
first be secured for the unfinished portion of the work.
SECTION 16 Refusal of Permit and Suspension of City Plumbers License
Any person engaged in the business of installing plumbing work who shall fail to correct promptly,
any defect in any work done by him contrary to this ordinance after having been notified thereof by the
Plumbing Inspector, shall not be issued any further permits until such defect has been corrected; and in
any case in which any person shall continue to or persistently violate the ordinances of the City inrega3
to plumbing work or the orders of the Plumbing Inspector in relation to the same, the License of such
person shall be suspended or revoked.
SECTION 17 Plumbers gond
Every master plumber actively engaged in the plumbing business as a ma3t8r plumber in the City of
Fayetteville, Arkansas shall be required to carry liability insurance and corporate surety license perm
bond as set out below:
(1) Such active master plumber shall execute and file in the Office of the City Clerk a corporate
surety license permit bond in the sum of One Thousand Dollars ($lpGO) conditioned to indemnify
and hold harmless, the City of F,yetteville, Arkansas, and all persons, firms or corporations,
against all loss by failure of said master plumber, his agents, servants or employees to comply
with the provisions of this plumbing ordinance,
SECTION 18 Plumbers Liability Insurance
Every master plumber actively engaged in the plubbing business in the City shall be i:equired to
carry liability insurance as set out. below:
(1)
Bodily'in,jury-----
--- -------- --------------- $24,000
each
person'
plumbing fixtures are connected
and
the plumbing job
$50,000
each
accident
(2) Property damage ------------------------------$10,000 each accident
$25,000 aggregate
Such active master Plumber, shall file .%ritb the CitJr Clerk a certificate or certificates of insuranc
cove ragejsthernutnberiofusaid epolicy.yorrpoli6i6a 4ndtth6ngameabfIthe snstrRnebucbmpany issuing the insur-
ance policy or policies, stating that said master plumber, his agents, servants, employees; have obtained
a contractors liability insurance policy in the minimum coverage as specified.
SECTION 19 Responsibilities of the Licensed Master Flumber
(1) ADVANCE tdGTICE 1OR FLIli9BIiJG INSPECTION: It shall be the duty of the master plumber br his
authorized representative to give advance notice to the Plumbing Inspector whenthe plumbing work
is ready for an inspection.
(2) M%KE SURE WORK IS READY FOR INSPECTION: It shall be the duty of the master plumber to make
sure that the plumbing work will 6tand the inspection before he requests the Plumbing Inspector
to make an inspection of the plumbing work.
(3) ACCESS TO WORK: It shall. also be the duty of the master plumber to provide ready access
to the premises where the requested inspection is to be made.
SECTION 20 Inspection and Tests
(1) NUMP.ER OF FLUMBING INSPECTION: There shall be minimum of two inspections by the Plumbing
Inspector or assistants when plumbing is installed in any building. The first such inspection
to be known as the rough -in inspection and the second such inspection to be known as the final
inspection.
(a) Plumbing Rough -In Inspection: The "rough -in" inspection is to be made when the Sevier
drainage or water piping is installed but before concealing the plumbing work.
(b) Final Plumbing
Inspection:
The
"final" plumbing
inspection is to be made when all
plumbing fixtures are connected
and
the plumbing job
is comlJl.eted.
I.
(2) INSPECTION AND TEST OF EXESTING FLUhBING INSTALLATIONS: The
plumbing
Inspector shall
have the
legal right to inspect and test existing
plumbing or drainage installation
when he has reason to
believe that such system is not safe for
the use it is intended.
When such
inspections or
test
indicate a faulty and unsafe system, the
uwner shall recondition
or replace
such system in
order to
render it safe,
SECTION 21 Liability For Damages
The issuance of permits or certificates of approval as required by this section shall not
be construed as relieving any person from liability for damages to persona or properet§ in connection
with the operation, control or installation of any plumbing work, and the City of Fayetteville, Arkansas
shall not be held as assuming any liability by reason of the issuance of permits or certificates of
approval. The intention of the provisions of this code is to afford the public safety -to life and
property insofar as such safety can be provided by law.
This ordinance shall not be construed to relieve from br lessen the responsibilities of any
person, firm, or corporation, oVming, operating or installing plumbing work, appliances, apparatus,
3591
construction, or equipment, for the damage to property or persons injured by any defect therein, nor
shall the City of F yetteville, Arkansas or any agent thereof be deemed to assume any such liability
by reason of the inspection authorized herein or by any type of certificate of inspection as may be
issued by the City Plumbing Inspector.
SECTION 22 Uncovering Plumbing Work
If any plumbing work or part thereof wheich is installed, or altered, or repaired, is covered befo.
being inspected by the Plumbing Inspector, it shall be uncovered for inspection after notice to uncover
the orork has been issued to the responsible person by the Plumbing Inspector.
SECTION 23 Exemptions
Exemptions from the provisions of this ordinance are as follows:
(1) COUNTY, STATE AND FEDERLL GOVERNNFENT: Installations on property owned, used, and operated
by the County, State or United States Government. This does not include the eredtion and or
remodeling of private owned buildings prior to leasing of a governmental agency.
(2) CITY PROPERTY: Plumbing permit fees shall he vraivered for the City'of Fayetteville owned in-
stallations, however, these installations must have inspection and meet other provisions isf this
ordinance.
(3) RAILROAD: Installations or equipment of a railway utility in the exercise of its functions
as a utility, and located outdoors or in buildings used exclusively for that purpose and to which
the general public has no access.
(4) SPECIAL KIUIPIvENT: The assembly,and erection of plumbing equipment by the manfacturer of
such eauipnent. This does not include any plumbing work other than that involved in making
connections within the equipment itself.
(5) MINOR REPAIRS: No permit is required for minor repairs to faucets, valves, pipbs, appliances,
and the removal of stoppage.
SECTION 24 Amendments to Technical Code Adopted By Reference.
(1) That paragraph 10.1.5 of Chapter 10 of the Arkansas State Plumbing Code referred to Above be
amended to read as follows:
Sec. 10.1.5 WAVEK SERVICE PIPE (materials) -Cold water service piping shall be of cast iron, type
"K" or "L" copper tubing or galvanized pipe except when such service is under concrete, then such
pipe shall be cast iron pipe,type K copper tybing or extra heavy lead pipe, and comply with
Section 3.3.2 and 4.4.7.
The use of plastic water piping is prohibited.
(2) That paragraph 11.1.2 of Chapter 11 of the Arkansas State Plumbing Code referred to above
be amended to read as follows:
Sec. 11.1.2 ABOVE GROUI+ID PIPING WITHIN BUILDING- oil and waste piping fora drainage system within
a building shall be of cast iron, lead, brass,copper pipe or type K,L or DWV hard drawn copper
tubing with the following exceptions:
(a) That short horizontal branch arms of galvanized pipe will be permitted for waste piping
above the floor within building.
(b)
That proper connections
from
cast iron soil pipe to cast iron
drum
traps may be made
above
ground within buildings
with
short all -thread galvanized pipe
and
drainage fittings.
(3) That paragraphs 11.2.1 and 11.2.2 of Chapter 11 of the Arkansas State Plumbing Code referred
to above be amended to read as follows:
SEC'.I11.2.1 SEPARATE. TRENCHES = The building sewer, when installed in a separate trench from the
water service pipe, shall be cast iron sewer pipe, vitrified clay sewer pipe or asbestor cement
sewer pipe. Joints shall be water tight and root proof.
The use of concrete and bituminized and plastic sewer pipe is prohibited.
Sec. 11.2.2 ONE TRENCH - The building sewer, when installed in the same trench with water -service
pipe, shall be constructed of cast iron and shall be so installed as to remain watertight and be
'dotproof. The building sewer shall be tested with a 10 -foot head of water or equivalent and f
found to be tight.
(4) That there is hereby added to ChapterII bis the Arkansas State Plumbing Code referred to above,
the following paragraph:
Sec. 11.5.8 (c) K.NIMUM 4 INCH MAIN EUILDING DRATTJ INSIDE BUILDING - That the main sanitary build
drain sewer drainage piping be sized not less than four (4) inches in diameter under the building
to the first bath or restroom in the building.
SECTION 25 Penalties
(1) Any person, firm or corporation who engages in or follows the business of occupation of, or
advertises or holds himself or itself out as or acts temporarily or otherwise as a master plumber,
without first having secured the required license or permit, or who otherwise violates any provisior
of this ordinance or the rules and regulations adopted pursant hereto, shall be guilty of a misde-
meanor and upon conviction thereof, shall be punished by a fine of not less than Ten dollars (10.00;
noise miore than,One hundred dollars ($100.00) or by improsonment in the City jail for not less than
thirty (30) days or by both such fine and imprisonment. Each day duringgwhich such violation
continues shall be a separate offense.
*(2) Any master plumber who shall employ an apprentice of plumbing representing him to be a journey-
man, or who shall charge for an apprentice a journeyman's wage, shall be punished by a fine of not
more than twenty-five ($25.00) dollars or by imprisoment in the City jail for not more than thirty
(30) days. Each day of violation shall be a separate offense.
fibu
1 SECTION 26 Ordinances Repealed:
SECTION 27 Severability Clause
March 28, 1904
May 22, 1908
May 4, 1909
I•lay 13, 1909
August 5, 1909
September 7, 1925
September 14, 1925
September 21, 1925
November 2, 1925
March 9, 1926
July 5, 1938
October 11, 1948
January 2, 1952
January 14, 1952
January 19, 1959
August 17, 1964
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be de-
clared invalid for any reason whatsoever, such decision shall not affect the -remaining portions of this
ordinance, shall remain in full force and effect; and to -this end the provisions of this ordinance are
hereby declared to be severable.
SECTION 28
This ordinance shall be in full force and effect from and after its
PASSED AND APPROVED this 15th day of February*, 1965.
ATTEST:
i
CITY CLE ., MORGE J. DAVIS
APPROVED:
GGU�'tCWN 1.'KtiYOR
RK
The building inspector intorduced an at' the request of the Council read a proposed ordinance in its
entirety entitled AN OREINANCE TO BE KN077N AS THE GENERAL ELECTRICAL •ORDINANCE -OF THE CITY OF FAYETTE'VIL
AttnNatiati: ol'U PROVIDE FOR THE ADOPTION BY REFERENCE OF THE NATIONAL ELECTRIC CODE STANDARD OF THE
NATIONAL BOARD OF FIRE UNDERWRITERS; PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS GOVERNING
THE CONSTRUCTICN, INSTALLATIO`i AND INSPECTION OF ELECTRICAL WIRING; PRESCRIBING PENALTIES FOR THE
VIOLATIONS OF SUCH RULES AND REGULATIONS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH AND FOR OTHER RELATED PURPOSES: er#E woo
Alderman Watson moved that the ordinance pdss„4notionAseconded by Alderman Short and passed unanimously,
where upon the Mayor declared the ordinance passed
ELECTRICAL ORDINANCE NO. 1434
ORDINANCE TO BE KNOWN AS THE GENERAL ELECTRICAL ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS: TO
VIDE FOR THE ADOPTION PY REFERENCE OF THE NATIONAL ELECTRIC CODE STANDARD OF THE NATIONAL BOARD OF
E UNDERWRITERS; PROVIDING FOR THE PROMULGATION CF RULES AND REGULATIONS GOVERNING THE CONSTRUCTICN,
TALLATION AND INSPECTION OF ELECTRICAL WIRING; PRESCRIBING PENALTIES FOR THE VIOLATIONS OF SUCH RULES
REGULATIONS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER
ATED PURPOSES:
REAS,The
The following ordinances are hereby repealed:
of theCEity of
Fayetteville, Arkansas finds
that the
electrical ordinances are
of date
138
Passed
and
Approved
235
Passed
and
Approved
254
Passed
and
Approved
255
Passed
and
Approved
263
Passed
and
Approved
570
Passed
and
Approved
571
Passed
and
Approved
575
Passed
and
Approved
579
Passed
and
Approved
599
Passed
and
Approved
809
Passed
and
Approved
940
Passed
and
Approved
1014
Passed
and
Approved
1015
Passed
and
Approved
1191
Passed
and
Approved
1410
Passed
and
Approved
SECTION 27 Severability Clause
March 28, 1904
May 22, 1908
May 4, 1909
I•lay 13, 1909
August 5, 1909
September 7, 1925
September 14, 1925
September 21, 1925
November 2, 1925
March 9, 1926
July 5, 1938
October 11, 1948
January 2, 1952
January 14, 1952
January 19, 1959
August 17, 1964
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be de-
clared invalid for any reason whatsoever, such decision shall not affect the -remaining portions of this
ordinance, shall remain in full force and effect; and to -this end the provisions of this ordinance are
hereby declared to be severable.
SECTION 28
This ordinance shall be in full force and effect from and after its
PASSED AND APPROVED this 15th day of February*, 1965.
ATTEST:
i
CITY CLE ., MORGE J. DAVIS
APPROVED:
GGU�'tCWN 1.'KtiYOR
RK
The building inspector intorduced an at' the request of the Council read a proposed ordinance in its
entirety entitled AN OREINANCE TO BE KN077N AS THE GENERAL ELECTRICAL •ORDINANCE -OF THE CITY OF FAYETTE'VIL
AttnNatiati: ol'U PROVIDE FOR THE ADOPTION BY REFERENCE OF THE NATIONAL ELECTRIC CODE STANDARD OF THE
NATIONAL BOARD OF FIRE UNDERWRITERS; PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS GOVERNING
THE CONSTRUCTICN, INSTALLATIO`i AND INSPECTION OF ELECTRICAL WIRING; PRESCRIBING PENALTIES FOR THE
VIOLATIONS OF SUCH RULES AND REGULATIONS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH AND FOR OTHER RELATED PURPOSES: er#E woo
Alderman Watson moved that the ordinance pdss„4notionAseconded by Alderman Short and passed unanimously,
where upon the Mayor declared the ordinance passed
ELECTRICAL ORDINANCE NO. 1434
ORDINANCE TO BE KNOWN AS THE GENERAL ELECTRICAL ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS: TO
VIDE FOR THE ADOPTION PY REFERENCE OF THE NATIONAL ELECTRIC CODE STANDARD OF THE NATIONAL BOARD OF
E UNDERWRITERS; PROVIDING FOR THE PROMULGATION CF RULES AND REGULATIONS GOVERNING THE CONSTRUCTICN,
TALLATION AND INSPECTION OF ELECTRICAL WIRING; PRESCRIBING PENALTIES FOR THE VIOLATIONS OF SUCH RULES
REGULATIONS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER
ATED PURPOSES:
REAS,The
City Council
of theCEity of
Fayetteville, Arkansas finds
that the
electrical ordinances are
of date
and it is the
best interest
of the City of Fayetteville
to revise
its electrical -ordinance;
HEREAS, the City Council of the City of Fayetteville, Arkansas has under consideration the adoption of
n ordinance relating to the construction, installation and inspection of all electrical wiring and
pparatus set forth in the October, 1962 edition of the pamphlet entitled, IINBFU PAMPHLET No. 70,
ATIONAL ELECTRICAL CODE," as issued by the National board of Fire Underwriters; and
HEREAS, three(3),copies of said pamphlets are kept on file in the Office of the City Clerk of the City
f Fayetteville, Arkansas, and the City Council of the City of Fayetteville, Arkansas has caused a notice
o be published in a newspaper of general circulation with the City of Fayetteville, Arkansas stating
hat it had under condideration the adoption of said pamphlets and advising the public that the requisite
ipies of same were on file in the Office of the City Clerk and open to public examination;
NOW THEREFORE, BE IT ORDAINED,BY THE CITY COUNCIL.OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. Adoption By Reference
There in hereby adopted by the City Council of the City of Fayetteville,Arkaneas, by reference
1thereto the provisions set forth in the October, 1962 edition of the National Board of Fire Underwriters
ps*phlot "NBFU No. 70, entitled, "NATIONAL ELECTRICAL CODE": save, and except such portions of said
pamphlet as is hereinafter deleted, modified, or amended, and the provisions contained in said pamphlet,
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 Adoption of Rules and Regulations
The ElectriBal Inspector is hereby authorized to make such written Rules and Regulations concerning
electrical wiring as may be necessary to implement, clarify, and carry out the purposes of this ordinance,
,said Rules and Regulations to become effective upon approval by the Mayor and City council.
SECTION d Definitions
The Definitions in thii ordinance shall correspond to those set out in the above adopted electrical
and include in addition the following:
(1) ELECTRICAL WIRING: The term "electrical wiring" as used in this ordinance, means the instal-
lation of electrical raceways, conductors of apparatus of any kind used, or to be used, in or on
any building for the transmission and distribution of electric current for electric light, heat „ ,
or power, or non-psrtable electrical fixtures and apparatus of any nature to be connected to light,
heat, or power service; provided however, that the words "electric wiring". "electrical equipment",
"apparatus" shall not be deemed to include or Pefer to service lines, apparatus, and equipment for
the sale, distribution, regulation of electricity and remaining the property of the electric service
company, or for telephone, telegraph, video, or other communication purposes, or in connection there-
with.
02) •ELECTRICAN:• An electrickin is a person who is licensed to do electrical wiring work.
(3) MASTER ELECTRICAIN: A mister electrician is a person who is licensed in the City to engage in
the electrical business as a electrical contrabter and is also qualified to do installation work on
the Sob.
(4) KPIRMEU;AK ELECTRICAN: Ajorneyman electrican is a person who is licensed in the City to do
the actual physical work of installing electrical wiring employed by a electrical contractor and
works under the supervision of a master electrician.
(5) MAINTENANCE ELECTRICIAN: A maintenance electrician is an employee of a company, corporation or
institution who is responsible for the work of operation, caring for maintaining the electrical
installation of any building or factory.
(6) APPRENTICE WIREt91N: An apprentice wireman is a person w)to is learning the electric wiring
trade and who is competent to assist, under the supervision of a licensed journeyman or master
electrician, in the work of installing or repairing electrical wiring. An apprentice shall not
work on any job alone.
(7)
ELECTRICAL
CONTRACTOR:
A
electrical contractor is any person
who shall advertise
or publically
set
themself up
as being in
the
electrical wiring business in the
City.
(B) CITY: The word "city" shall mean the City of Fayetteville, Washington County, Arkansas.
(9) PERSON: The word "person" as used in the within electrical code shall mean and include any
person, firm, co -partnership or corporation, depending upon the context or the sense in which the
word is .used.
ii
(104 INSPECTOR: 'The word "inspector" shall mean the City Electrical Inspector whose duties are
defined and set forth in the within electrical code, and such word shall include in its meaning all
assistants authorized to assist or carry on the work of electrical inspection under the provisions
of the Electrical Ordinance.
SECTION 4 Electfical Inspector
(1) PROVISIONS FOR INSPECTOR: There is hereby wrested ithe position of Electrical Inspedtor of the
City and as many assistants are needed to discharge the duties of this office. Said Electrical Inspp
otter and assistants shall be versed in the theoretical and practical knowledge of electricity and
the National Electrical Cole.
(2) LIMITATION OF INSPECTOR: The inspector shall not be directly or indirectly connected in any
business engaged in electrical work or the sale of electrical fixtures, appliances, and material.
(3) SALARY OF INSPECTOR: The Inspector shall receive, as full compensation for their service, such
salaries as the City Council may direct.
(4) INSPECTOR BOND: The Inspector shall file bond in t)m sun of $10000 to indemnify the City from
the loss of any money or other personal property throught fraud, dishonesty, forgery, or embez-
zlements, while occupying andperforming his duties hereunder. The -premium for such bond shall be
paid by the City.
SECTION 5 Duties and Powers of Electrical Inspector
(1) ENFORCEMENT,OR ELECTRICAL ORDINANCE: It shall be the dujty of the INspector to enforce the
provisions of the Electrical Ordinance,.to make'investigations, inspect and/or test all electrical
wiring; issue electrical permits and to perpare suitable forms.
(2) ELECTRICAL INSPECTOR RIGHT OF ENTRY: The Inspector and other persons authorized by the Inspsd-
tor, is hereby granted the authority to enter all buildings in the City in the performance of his duties
between the hours of eight a.m. and five p.m, daily, except -that in emergencey the Inspector mfy
enter buildings for such purposes at other that the above designated hours, and may disseminate
information relative to the provisions of this ordinance.
SECTION 6 Electrical examining Board
An examining board is hereby created to act on ala applications for eledtricaician license, to
administer examinations for licensee and perform other related duties as may be required by the Electrical
Ordinance of the City. Members of the board shall be appointed for a period of two years by the Mayor.
The present board shall continue until their tans of office expire and their successors are appointe4
and qualified. The Inspector a hall serve; as its chairman and he shall keep a record of all applicants am
of the general proceedings of the board,'and the board shall issue certificate "r license to those who
successfully pass the'examination.
(1) MEMBERS OF EXAMINING BOARD: The electrical examining board shall be composed of three (3) actil
members and two (2) alternate members as follows:
(a) Active Electrical wining Board Members
(1) A city licensed master electrician.
(2) A city licensed journeyman electrician.
(3) The Inspector who shall represent the administrative authority of the City.
(b) Alternate Electrical'Exanining-Board Members
(1) A city licensed meter electbician.
(2) A city licensed Journeyman electrician.
362
(2)
MEETINGS
CP
EXAMINZING BOARD: The electrical examining
board shall meet
at_least
once each
days
(60) or
as
seen as possible therebfter upon the call of
the chairman of
the
examining board.
(3) EXAMINING BOARD SUPPLIES: The City shall secure necessary material, equipment and supplies as
required by the board from the receipts colledted with applications for examinations, and the Inspe
or shall be in charge of said equipment and supplies.
SECTION 7 Temporary City Electrical Werk Permits
(1) NO MASTER TEMPORARY WORK PERMITS ISSUED: No temporary master city electrical work permits
be issued to any applicant who hadsapplied for a city master electrician license.
(2)) JOURNEYMAN ELECTRICAL IMMPORARY WORK PERMIT: A temporary city journeyman electrical work permil
may issued to an applicant, who has applied for a city Journeyman electrician licenseg for a 30 day
period or until the next electrical examination is given by the elietrieal examining board and only
on the fillowing conditions:
(a)
The
applicant
must registerwwith the Inspector.
(b)
The
applicant
must make arrangements with the chairman of the electrical examining beard
for
the City
journeyman
electrician license.
(c) The applicant working under a Journeyman electriealtemporary wort permit must not work
on any Job installing electrical wiring but must be accompanied and supervised at a ll
on the Jeb by a city licensed master or Journeyman electrician.
(d) The said temporary sity work permit shall become void and the applicant must cease doing
electrical work in the Citys if the results of said examination should be below the minim-
um passing grade required by the examining board.
(e) No temporary work permit may be renewed or reissued to the same applicant. Applicant must
have.& permanent city electrician license to continue doing electrical work in the city
after the expibation date of the temporary work permit or after such date as the examining
beard may diredt.
SECTION•8 Apprentice Wireman
A person shall be permitted to work inside the City as a apprentice wiremn as defined in this ordin-
ance providedf
(1) The applicant must register with the Inspector and he shall be required to notify the Inspector
each time he changes employment to work for another electrical contractor. •
(2) The applicant working as a apprentice wireman shall work at all times under the direction and
constant personal supervision of a licensed journeyman or master electrician.
SECTION 9 Maintenance EleStrician
A person shall be permitted to work inside the city as a maintenance electrician as defined in this
ordinance provided:
(1) The person waking as a'maintenance electrician shall be required to hold at least a city
journeyman electrician's license.
(2) The maintenance electrician must register with the Inspector and he shall be required to notify
the Inspector each time he changes employment.
(3) The maintenance electrician must maintain the electrical log -and obtain electrical permits as
required by this ordinance.
SECTION 10 Electrical Bentractor
A person shall be permitted to operate a electrical contractor's business insideAhe city as defined
in this ordinance provided:
(1) The electrical contractor is dud* licensed by the city as a master eledtrician, or shall have
one such licensed master electrician permanently employed at all times and actively in charge of
ddd supervising all electrical wiring work of said employer.
(2) The electrical contractor must furnish a corporate surety bond and liabiiiOy insurance as set
our within this ordinance.
(3) The electrical centractor•shall be required to register with the Inspector.
SECTION 11 License Required
Any person desiring to install or replace any "electrical wiring" as defined in this.ordinance, Witt
the city must first procure an electrician's license or renewal thereof expept as regulated or modified
by provisions set forth in this ordinance.
SECTION 12 Renewal of City electrician's Lisense
An applicant desiring to renew a'city electrician's license may do so under one of the following
conditions.
(1) RENEWAL OF ELECTRICIANS LICENSE:
I It
(a) The applicant must have held for the past year a similar city electrician's license as
applied for in his application. ,
(b) Applications for renewal of a city electrician I a license where the applicant has faiied
renew the city license regularly each year shall be referred to the electrical examining
board for consideration and review.
(2) HOLD INACTIVE ELECTRIESL LICENSE BY DEFERMENT: A licensed master electrician or licensed
journeyman electrician mpy goose to move to another city for employment purposes but wishes to
his city electrician's license in good standing.
Such electrician may make application to the City of FayettettIt"rkansas for deferment of his ci
eledtrician's license. This deferment may be granted for a period not to exceed three (3) years, except
that additional ddferment to members of the Armed Services in times of emergency and is cases of serious
illness may be granted by the examining board.
(3) CHANGING A DEFERRED LICENSE INTO -AN ACTIVE CITY LICENSE: The ipplicant may convert a deferred
city license to a similar active license during or at the end of the a lloted three year deferment pe
period.
(4) LENGTH OF LICENSE: No city electrician license shall be issued for longer than one year and
all licenses shall expire on Dicember 31 of each year and such license may be renewed upon a�jluca-
tion made within -30 days following the date of expiration.
SECTION 13• Transfer of License
It shall be unlawful for any person, holding a city electrician license to transfer same or allow -
the use of same, directly or indiredtly by any other person for the purpose of obtaining a permit
to do any of the electricial worK herein specified.
SECTION 14 Electrician License Fees
The following license and examination1hes shall be paid in advance to the City:
(1) SCHEDULE OF LICENSE AND EXAMINATION FEES:
Master electrician License ----------=------------------ $15.00
Renewal of master electrician License $15,00
E:mination fee for master electrician lie. -------------------$$10.00
Journeyman
electrician license ---=--------------------------
$
5.00
Renewal of
journeyman electrician license »—___»__»_»»__
$
5,00
Examination
fee for journeyman
electrician lic-----..... ------
$
3.00
(2) RIPLEXAMINATION FEE: An applicant who fails capon examination shall be entitled to one re-exam
ation without an additional f-ee. Foreach two subsequent examinations there after the fee shall be
set out in the above schedule of examination fees.
(3) DELINQUENT FEE: If application for eegilar renewal of city electrical license is rade after
February 1st a delinquent fee of one dollar ($1.00) per montb shall be added to the above annual
renewal fees. Such delinquent fee shall not exceed four -dollars ($4.00) for an applicant in any
one year.
(4) 'DEFERMENT FEE: A fee of three dollar* ($3.00) shall be charged to cover special deferment
services connected with d efernent of a city electrician license.
SECTION 15 Registration Fee
(1) JOURNEYMAN WORKING WITH TEMPORARY WORK PERMIT: Every journeyman who qualifies to work in the
dity under a temporary work -permit shall pay a $1.00 registration fee.
(2) ELECTRICIAL.CONTRACTOR: Every electricial contractor as defined in this ordinance who is not
a licensed master electrician shall pay a $1,00 registration fee. This fee shall be payable each
year.
(3) APPRENTICE"WIRDWN: Every apprentice wireman working in the city shall pay a $1.00 registrat-
ion fee. This fee shall be payable each year.
SECTION M Electricial Permit Required
No electricial wiring work vhall be started nor shall any building or structure be wired for elec-
tric lighta, applieanses, motors, apparatus or heating devices nor alterations made theret9 without
such person, firm or,corporktion having direct charge of such installation first applying for and '
obtaining an electrical permit, except as hereinafter regulated or modified by provisions set forth in
this ordinance.
SECTION 17 PeFsens.Qualified To Obtain Electrical Permits -
The Inspector is authorizdd to issure.electrical permits to the folloing:
i
(1) City licensed master electrician.
(2) 'Property Owners.
A permit may bdeissued to•a property owner to install electrical wiring in a single famil9 residen
provided the property owner does the work himself and the building is owned and ao occupied by such
ownerfas his hime, and provided the issuance of said permit is not used as'a ddvice to circu*vent the
requirement of a city electrician license impised by this ordinance upon persona, firms or corporations
who are in the business of building such residences for resale. -.
Such electrical wiring work must be completed within strict compimnce with the requirements of this
ordinance.
1(3) OUALIFIED AND EXPERIENCED CONTRACTORS ENGAGED IN THE CONSTRUCTION OF CERTAIN TYPE OF SPECIAL
ZED JVAI,OVAOBS OR INSTALLATIONS.
Certain installations 'shall be interpreted to -fall under the definition of "electrical wiring" as
set out above in this ordinance, however, because of the size'of the jcb, and the'technical or speciali
nature of the "electrical wiring" work, the Inspector is authorized to issur special electrical permits
to contractors which he determines to be qualified and experienced to make such installattine,
I
M
%) QUALIFIED YAENTENANCE ELECTRICIAN: The Inspector is authorized to issue electrical permit
periodically to maintenance electricians who are in good standing and who are complying with prov-
isons of this prdinance.
SECTION 18 Electricial Permit Fees
In order to procure a electrical permit for the installation for "electrical wiring Vark, any per
before beginning any electrical wiring work, shall make application to the Inspector and shall pay the
inspection fee required by the following sphedule:.
(1) SCHEDULE OF ELECTRICAL PERMIT FEE
(a)) Meter loop service (new or remodeled)--------- ----$4.00
(b) First five (5) openings ------------------------------b---$4.00
(c) From six (6) to ten (10) openings inclusive =`= ------ ---$],00
(d) Each additional opening above ten openings ----------------$ .15
(2) REWIRING EXISTING INSTALUTONS: The permit fee for all overhauling of rewiring* of existing
buildings shall be the same as charged for new work. .
(3) CONCRETE FLOOR�BUILDINGS: An additional electrical permit fee shall be charged by the city for
buildings having concrete floors which will have electrical conduit installed under the concrete
floor. The additional electrical permit fee shall be $3.00 for each 2,000 spuare feet of the total
floor area of the building.
(4) EXTRA FEE FOR RE -INSPECTIONS: It is futher provided that an additional fee of $3,00 shall
be paid in advance by the electriSal contractor or property owner for each and every extra insp
trip that the Inspector makes which is caused by the Sailure of the electrical contractor or pr
owner who is installing the electrical work to:
(a) Be ready for. an electrical inspection which he had requested to be made.
(b) Progide means for.the.Inspector to enter locked premises to make an inspection requested
by the electrical contractor.
(c) Comply with the provisions of this ordinance.
(5) DOUBLEDELECTRICAL PERMIT FEES: Should any person willfully or through negligence begin or
complete any electric wiring work for which a electric permit is required by this ordinance, without
staving notified the Inspector's office or applied for the necessary permit prior to or during the
day that work is commenced, or on the next working day of the Inspector where sbch work is commonest
on a Saturday or a Sunday or a holiday, he shall, when subsequently securing such permit; and shall
be subject to all penal provisions of this ordinance.
(6) MAINTENANCE ELECTRICIAN ELECTRICAL PERMIT FEES: The electrical permit fees for the periodical
permit which is required elsewhere in this ordinance for maintenance electricians shall be computed
on theme_basis as set forth in the"Schedule of Electrical,Fees" above.
SECTION 19 TiRM9 LiMititi6N On Electrical Permits:
Every electrical permit essued.hereunder shalek expire by limitation and become numm And void if
the electrical work authorised by`the permit is nd commenced within six (6) months from t heda" of such
permit and the work diligently executed, or•if the electricaliorkas authorized by.such permit ih abando
at any ti#e after the work is commenced. Before such work can be recommenced, new.electrical permit sh
first be secured for the unfinished portion of the work.
SECTION 20 Refusal of Permit and Suspension of City Electricians License
Any person engaged in the business of installing electrical wiring who shall fail to correct prompt
any defect fin any work done by him contrary to this ordinance,after having been notifibd thereof by the
Inspector, shall not case in which any person shall mantinue,to or persistently violate the ordinances
relation to the same, thelicense of'such person shall be suspended or revolted.
SECTION 21 Examination Fat A City.Electrician License.. ,
The applicant must satisfy the following requirements as a pre -requisite to qualify for taking a
city electricia examination.
(1) JOURNEYK N EXAMINATION: If the applicant requests a journeyman electrician examination, the
applicantt must qualify under one of the following requirements:
(a) Applicant must have registered and completed at least bhree (3) years as a apprentice
wireman of good standing in the City:
(b) Applicant must present written affidavits of having three.(3) or more years of practical
experience at actual eledtrical wiring.
(c) Applicant must present ether proff satisfactory to the examining board that he is qualifit
to take the journeyman electrical examination.
(2) MASTER EXAMINATIONL Applicants for. master license shall furnish the board vdlth proff, prior t4
examination, that they have operat&d as electrical contractors in other cities for a period for at
least three (3).years or they shall have held a city journeyman license ter a period of at least thn
( (3) Years.
(3) WAITING PERIOD FOR. CITY ELECTRICIAN'S EXAMINATION: Should an applicant fail to make a passing
grade in tea consecutive examinations, he must wait for a period of six (6) months from the date of
thellabt examination before he cari-make application for re-examination.
SECTION 22 Electrician.bond'
Every electrical,.contractor actively engaged in the electrieAl business in the City shall be
to furnish a corporate surety license permit >pond,
�(J
No. 1434. -(con.
(1) Such electrical contractor shall execute and file iii the office of the City (,Clerk a corporate
surety license permit bond in the sum of One Thousand dollard (1,000), conditioned to indemnify and
hold harmless, the City and aUlobnonA;sfirtibeoBiCprpotations, against all loss damage by the
failure of said electrical contractor, his agents, servants, or employees ti comply with the provis—
ions of this electrical ordinance.
SECTION 23 Electrician Liability Insurance
Every electrical contractor actively engaged in the electrical business in the City shall be i
tocarry liabitity insurance as set out below: '
(1) Bodily injury -----------------------_---_ --$25,000 each person
$50,000 each accident
(2) Property damage ------------------------------------G$10,000 each accident
$25,000 aggregate
Such active electrical oonttacter shall file with the City Clerk a certificate or certificates of
insurance coverage, the number ofsaid policy of policies and the name of the insurance company issuing
the insurance policy or policies, stating that said electrical contractor, his agents, servants, emple
have obtained a contractors liability insurance policy in the minimum coverage as specified.
SECTION 24 Electrical Log Required
A log shall be kept and maintained by the maintenance electrician of all electrical wiring that is
altered or installed in any building or factory where he is employed. This log shall be open to the
Inspector at his request.
SECTION 25 Responsibilities Of The Licensed Electrician
(1) ADVANCE NOTICE FCR ELECTRICAL INSPECTION: I8 shall be the duty of the master electrician or
his authorized repressentative to give a notifce to the Inspector whdn'the electrical wiring work is
ready for an inspection.
(2) MAKE SURE WORK IS READY FOR INSPECTION: It shall be the duty of the electrician to m*ke sure
that the electrical wiring work will stand the inspection before he requests the Inspector to make
an inspection of the electrical wiring work.
SECTION 26 Electrical Inspedtions
(1) MINIMIM NUMBER OF INSPECTIONS: There shall be a minimum of two inspections by the Inspector
when electrical wiring is installed in any building. First known as the roughSin inspection and
the second as the final inspection.
(a) Electrical Rough -in Inspection: The "rough—in" inspection is to be made when the electrics:
r_ wiring is installed bpt before conialing the electrical wiring•work,
(b) Electrical Final inspection: The final electrical inspectionis be be made when all "elect—
rical wiring work is a mpletkd.
(2) INSPECTION AND TEST OF EMTING ELECTRICAL INSTALLATION: The Inspector shall have the legal
right to require any existing electrical installation to meet inspection and test when he may have
reason to believe that such system is not safe bf the use it is intended. When such inspections or
tests indicate faulty and unsafe system, the owner shall recondition such electrical installation
to render it safe.
(3) PERIODICAL INSPECTIONS: The Inspector shall make inspections periodically of all premises and
installations under the supervision of a registered maintenance electrician as outlined in this
ordinance.
SECTION 27 Liability For Damages
The issuance of permits or certificates of approval as requirdd by this section shall not be
construdd as ,relieving any'peeson from liability for damages to persons or property in connection with tt
operation, control or installation liability by reason of the issuance of permits or certificates of
approval. The intention of the provisions of this code is to afford the public safety to life and proper
insofar as such safety can be rpovided by law.
This ordinance shall not be construed b relieve framer lessen the respensiblities of any person,
firm, or corporation, awning, operating or -installing electrical wires, appliances, apparatus, construsti
or equipment, for the damage to, property or persons injured by any defect therein, nor shall the city or
any agent thereof be deemed to assume any such liability by reason of the inspection authorized herein
or by any type of certificate of inspection as nr be issued by the City Insp=ector.
SECTION 28 Plans And.Specifications Required
The Inspector may, if he deems it necessary, require or demand frem�the master electrician a set of
plans and specifications of any job, in order that the Inspector may check same to determine if the plana
ans specifications comply with provisions of this electrical ordinance.
SECTION 29 Uncovering Electrical Wiring Work
If any electrical wiring or part thereof which is installed, or altered, or repaired, is covered
before being inspected by the Inspedtor, it -shall be uncovered for inspection after notice to uncover
the work has been issued to the responsible person by the Inspector.
SECTION 30 Exemptions
Exemptions from the provisions of this ordinance are as follows: .
(1) COUNTY, STATE AND FEDERAL GOVERNMENT: Installations on property owned, used, and operated by
the County, State or United States Government.- This does not include the erection and or remodeling
of private owned buildings prior to leasing to a governmental agency.
(2) CITY PROPERTY: Electrical permit fees shall be waivered for City owned installations, however,
these installations must have inspection and meet other provisions of this ordinance.
in,
(3) RAILROAD: Installations or equipment of a railway utiltiy in the exercise of its functions
as a utility, and located,outdoors or in buildings used exclusively for that purpose and to which
the general public has no access.
(4) SPECIAL EQUIPMENT: .The assembly, erection and connection of electrical equipment by the
manufacturer of such equipment. This does not include any "electrical wiring" other than that
involved in making electrical connections on the equipment itself.
(5) ELEVATORS: All electrical work involved in the erection, installation repati remodeling or
maintenance of elevators, dumb waiters and escalators. This does not include electrical equipment
for supplying power to the control panels of such equipment.
(6) POWER COMPANY: .Nothing herein shall be construed as applying to any electric light or power
company, its agents,.eervants, and employees conducting its business under a franchise granted by
the City in the iinstallation, repair, maintenance, removal, or replacement of electrical wiring,
machinery or.equipment owned or operated by the power company in the City.
(7) RADIO AND TV: Electrical equipment used for power supply to Radio or Trans Video, Transmit
equipment and other electrical wiring used for power supply to Radio or Trans Video shall comply
with the provisions of this ordinance.
(8) TELEPHONE COMPANY: Nothing herein shall be construed as applying to any telephone company, itc
agents,,servants, and employees conducting its business under a franchise granted by the City of
Fayetteville, Arkansas, in the installation, repair, maintenance, removal, or replacement of elect-
rical wiring, machinery or equipment owned or operated by the telephone company in the City of
Fayetteville, Irkansas.
(9) POWER. COMPANY CONNECTING SERVICE: Nothing here in this ordinance shall be so construed as
to require a certificate of acceptance from the City Electrical Inspector before current is turned
on any wiring unless some change has been made in said wiring of switches since service was dis-
connected.
v
$.10) MINOR REPAIRS:" No permit is required for minor repair, replacement or fuses, lamps of conn-
ection of portable electrical equipment to suitable permanently installed receptacles.
SECTION 31 Penalties
Any person, firm or corporation who engages in or follows the business or occupation of, or advert-
ises or hold himself or itself or acts temporarily or otherwise as a electrical contractor without
first having secured the required license or permit, or who•otherwise violates any provisions of this
ordinance shall be deemed guilty of misdemeanor and upon conviction thereof, shall be punshied by a
fine of not more than Twenty-five Dollars ($25.00) and shall be punished by a fine of Fifteen Dollars
($15.00) for each day such violation continues.
If any section, subsection, paragraph, sentence, clause, -or phrase of this ordinance shall be
declared invalid for.any reason whatsoever, such decision shall not effect the remaining portions of
this ordinance, which shall remain in full force and effect; and to this end the provisions if this
ordinance are hereby declared to be severable.
SECTION 34
This ordinance shall be in full force and effect from and.after its passage, approval and
publication.
PASSED AND APPROVED THIS 15th day of February, 1965.
%�.
fa'T�
Alderman Bergin introduced and read a proposed ordinannc in its entirety entitled,"AN ORDINANCE
TO BE KNOWN AS THE FIRE PREVENTION ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS:, ADOPTING REQUTA'
GOVERNING FIRE HAZARDS AND FIRE PREVENTION: PROVIDING PENALTIES FOR VIOLATIONS OF SUCH REGULATIONS:
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER PURPOSES."
After long discussion Alderman Bergin moved that the ordinance pass. The motion was seconded by Ald
Short and passed unanimously, where upon the Mayor declared the ordinance passed.
ORDINANCE NO. 1435
AN ORDINANCE TO BE KNOWN AS THE FIRE PREVENTION. ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS:
ADOPTING REGULATIONS GOVERNING FIRE HAZARDS AND FIRE PREVENTION: PROVIDING PENALTIES FOR VIOLATIONS
OF SUCH REGULATIONS: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND FOR
OTHER PURPOSES.
WHEREAS, the City eouncil if Fayetteville, Arkansas] caused a notice togublishei in a newspaper
of general circulation in the City of Fayetteville, advising that it had under consideration the
adoption of an Ordinance relating to fire hazards and fire prevention as set forth in a pamphlet entitle
"State of Arkansas, Fire Prevention Cede, Regulations Governing Fire.Hazards and Fire Prevention", 1958
Edition, issued by Herman E. Lindsey, Director, Department of State Police and State Fire Marshal, as
amenddd by said officer's order of August 15, 1963; and the pamphlet entitled "State of Arkansas, State
Code, Liquified Petroleum Gas Containers and Equipment", May 1964 Edition, issued by the Liquefied
Petroleum Gas Board; and the provisions of Act 224 of 1961, Acts of Arkansas, as amended by Act 34 of
1963 and
SECTION 32 Ordinances Repealed
The following city ordinances are
hereby repealed:
337
Passed
and
Approved
Sept.
14,
1941
582
Passed
and
Approved
Nov.
9,
1925
718
Passed
and
Approved
Feb.
3,
1930
719
Passed
and
Approved
Feb.
17,
1930
720
Passes
and
Approved
March
3,
1930
759
Passed
and
Approved"
July
31,
1933
Section 33 Severability Clause -
If any section, subsection, paragraph, sentence, clause, -or phrase of this ordinance shall be
declared invalid for.any reason whatsoever, such decision shall not effect the remaining portions of
this ordinance, which shall remain in full force and effect; and to this end the provisions if this
ordinance are hereby declared to be severable.
SECTION 34
This ordinance shall be in full force and effect from and.after its passage, approval and
publication.
PASSED AND APPROVED THIS 15th day of February, 1965.
%�.
fa'T�
Alderman Bergin introduced and read a proposed ordinannc in its entirety entitled,"AN ORDINANCE
TO BE KNOWN AS THE FIRE PREVENTION ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS:, ADOPTING REQUTA'
GOVERNING FIRE HAZARDS AND FIRE PREVENTION: PROVIDING PENALTIES FOR VIOLATIONS OF SUCH REGULATIONS:
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER PURPOSES."
After long discussion Alderman Bergin moved that the ordinance pass. The motion was seconded by Ald
Short and passed unanimously, where upon the Mayor declared the ordinance passed.
ORDINANCE NO. 1435
AN ORDINANCE TO BE KNOWN AS THE FIRE PREVENTION. ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS:
ADOPTING REGULATIONS GOVERNING FIRE HAZARDS AND FIRE PREVENTION: PROVIDING PENALTIES FOR VIOLATIONS
OF SUCH REGULATIONS: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND FOR
OTHER PURPOSES.
WHEREAS, the City eouncil if Fayetteville, Arkansas] caused a notice togublishei in a newspaper
of general circulation in the City of Fayetteville, advising that it had under consideration the
adoption of an Ordinance relating to fire hazards and fire prevention as set forth in a pamphlet entitle
"State of Arkansas, Fire Prevention Cede, Regulations Governing Fire.Hazards and Fire Prevention", 1958
Edition, issued by Herman E. Lindsey, Director, Department of State Police and State Fire Marshal, as
amenddd by said officer's order of August 15, 1963; and the pamphlet entitled "State of Arkansas, State
Code, Liquified Petroleum Gas Containers and Equipment", May 1964 Edition, issued by the Liquefied
Petroleum Gas Board; and the provisions of Act 224 of 1961, Acts of Arkansas, as amended by Act 34 of
1963 and
J67
WHEREAS, three (3) copies of the above named materials are kept an file in the officd of the City
Clerk of the City of SAyetteville; Arkansas, as provided by Act 267 of 1949, Acts of Arkansas, and
WHEREAS, the City Council of the City of Fayetteville, Arkansas, finds that it is to the best intere
of the City of Fayetteville that the pamphlet entitled "State of Arkansas, Fire Prevention Code, Regulati
Governing Fire Hazards and Fire Prevention", 1958 Edition, issued by'Herman E.•Lindsey, Director,
Department of State Police and State Fire Marshall, as amended by said officer's order of August lb, 1963
and the pamphlet entitled "State of Arkansas, State Code, LiquMfied Petroleum Gas Containers and Equip-
ment", May 1964 Edition, issued by the Liquefied Petroleum Gas board; and.the provisions of Act 224 of
1961, Acts of Arkansas, is Amended by Act 34 of 1963, be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
SECTION 1. 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 pamphlet entitl6d, "State of Arkansas, Fire'Prevention Code,
Regulations Governing Fire Hazards and Fire Prevention", 1958 Edition, issued by Herman E. Lindsey,
Director, Department of State police and State Fire Marshal, as amended by said officer's order of
August 15, 1963; and as set.forth iri'the pamphlet.•entitled "State of Arkansas, State Code, Liquefied
Petroleum Gas Containers and Equipment", May 1964 Edition, issued by the.LiquBfied Petroleum Gas Board;
and as set forth in Act 224 of 1961, Acta of Arkansas, as amended by Act 34 of 1963, save and except
such portions -of said pamphlets -and Act: as are hereinafter deleted, modified, or amended, and the
provisions`bintaified:3iL=said:i�paaphlets,land Act are hereby adopter i''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 Amendments, deletions and Modifications.
(1) That Article XV of the Arkansas Fire Prevention Code be Amended by deleting Sections 1500
through 1503 and adding the following:
Section 1500. Explosion of Fireworks.
(a) It shall be unlawful for any person, firm or corporation to explode or cause to be exploded
any fire crackers, roman candles, skyrockets, or any other fireworks within the corporate limits
of the City of Fayetteville, without having first obtained the prior written consent of the Mayor
specifying the time, place and duration of such explosions or pyrotechnical exhibitions.
(b) Any person, firm or corporation violating any part of subsection (a) of this Section shall
be deemed guilty of a misdemeanor, and upon conviction thereof be fined in any not less than
Five Dollars ($5.00), nor more than Twenty-five Dollars ($25.00).
Section 1501. Compliance with Act -224 of 1961 as amended.
(a) Any person, firm or corporation securing written consent of the Mayor for•the explosion of
firewords as provided in Section 1500 (a) of this Article, shall in the use or explosion of or
possession of said fireworks fully comply in all respects with the provisions of Act 224 of 1961,
Acts of Arkansas, as amended'by Act 34 of 1963, adlpted by reference in this Ordinance, including
but not limited to the provisions of said Act prescribing the type and kind of fireworks permis-
sible.
(b) Except to the extent modified by Section 1500 and Section 1501 (a) of this Article, the
privisions of Act 224 of 1961s Acts of Arkansas, as amended by Act 34 of'19639 adopted by refer-
' ence in this Ordinance.. shall govern in all respects the sale, possession, display, offering for
sale, and use of fireworkdeor pyrotechnics, and govern all matters pertaining thereto as provided
in said adopted act, in the City of Fayetteville, Arkansas. -
(c) Any persons, firms or.cerporations violating any of the provisions'of said adop#ed Act shall
be subject'te the penalties and punishments prescribed in said Act.
(2) That the provisions of Act 224 of 1961, Acts of Arkansas, as amended by Act 34 of 1963, be
amended by adding the following Section 14 of said adopted Act:
Section 15. Legislative Intent.
It is the intention of the City Council of the City of Fayetteville, Arkansas, in respect to the
provisions oftthis adopted Act relating to the use of fireworks and pyrotechnics, that such provisi
shall apply only in the event written'consent of the Mayor for,the use or explosion of fireworks or
pyrotechnics is first 'obtained as provided in the amendment contained in this Ordinance to Section
1500 of Article XI of the Arkansas Fire Prevention Code; it being the express intention of the City
Council in adopting said amendment to Section 1500 to prohibit the use or explosion of fireworks
or pyrotechnics in the City of Fayetteville, Arkansas, unless written consent of the Mayor is first
received as provided in said amendment.
(3) That Section 1900 of Article RIX of the Arkansas Fire Prevention Code should be amended to read
follows:
Sedtion 1900 General.
The storage and handling of liquified petroleum gasses shall be as prescribed by the ?State of
Arkansas, State Code, Liquified Petroleum Gas Containers and Equipment" May 1964 Edition, issued
by the Liquified Petroleum Gas Board, and adopted by reference in this 6rdinance.
(4) That Section 2602 of Article XXVI of the Arkansas Fire Prevention Code should be amended to .
read as follows:
Section -2602. Burning of Trash.
(a)' No person or persons shall kindle or maintain a bonfire, or burn trash; lumber, leaves, straw,
or any other conbustible material in any street or alley, or on any premises or vacant lot, ahless
burning be done in a covered receptacle of not more than one-fourth inch wire mesh, or of metal,
without first having obtained and having in full force and effect written permission to do so from
the Chief of the Fire Department. No such permit shall be issued to khddle, build, maintain or use
a fire -within fifteen (15) feet of a fire hydrant, or within two (2) feet of any concrete curb or
the surface of any permanent pavement, except for the purpose of repairing, removing or constructing
the same: Burning under permit as provided for in this paragraph shall also be subject to such
368
0
additional proper safeguards as the Chief of the Fire Department may prescribe. All burning of material
permitted by this paragraph shall be conducted on still days, during daylight, with an adult in constant
attendance, and shall be done in a location at least twenty-five feet from any building or structure,
and where standing grass or weeds will not communicate.fire to nearby property.
Section 3. Penalties.
(a) Any person, firm or corporation violating the Regulations of -the State LiquLlfied Petroleum
gas Board adopted herein, shall be guilty of a misdemeanor, and upon conviction shall be fined in
a sum not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00),
and in addition, may be'imprisoned for not more than one (1) year or both.
(b) Any person, firm or corporation vho violates any of the provisions of this Ordinance for whit]
the punishment or penalty is not otherwise provided for in this Ordinance, shall be deemed guilty
of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment not exceeding one
(1) year or by fine not exceeding two hundred and fifty dollars ($250), or by fine and imprisonma
both.
SECTION 4. Ordinances Repealed.
The following ordinances
or parts of
ordinances, together
with all
other ordinances or parts of
ordinances in conflict with the
provisions
of this Ordinance, are hereby
repealed:
Section Ordinance No P.na4w;d and App er vRd
�1 s December..5, 1949
Section 1 and 2 979 September 11, 1950
1033 October 28, 1952
SECTION 5 Severability.
If -any section, subsection, subsection, paragraph,.sentence, clause, or phrase in this Ordinance
shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining port,
of than Ordinance, which shall remain in full force and effect; and to this end the provisions of
Ordinance are hereby declardd to be severable.
SECTION 6.
This Ordinance shall be in full force and effect from and after its passage, approval, and
publication.
PASSED AND APPROVED this 15th day of February, 1965.
APPROVED: 19
ATT T: ; f
acv GUY E. BROWN, MAYOR
GEORGE VIS, CITY CLERK
The City Planner introduced and at the request of the Council read a: proposed ordinance in its entirety
entitled, "AN ORDINANCE TO BE KNOWN AS THE HOUSING ORDINANCE,ESTABLISHING MINIMUM STANDARDS GOVERNING
THE CONDITION AND MAINTENANCE OF DWELLINGS; ESTABLISHING MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES A
FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE DWELLINGS SAFE, SANITARY AND FIT
FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION OF DWELLINOS;.OFFERED FOR
RENT;.FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; AUTHORIZING THE
INSPECTION OF DWELLINGS, AND THE CONDEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION; AND FIXING
PENALTIES FOR VIOLATIONS" r.
Atter a long discussion,.Alderman Thomas moved that the Ordinance pass.Ehe motion.was seconded by Alderma
Short and passed unanimously, where upon the Mayor -declared the Ordinance passed:'
ORDINANCE NO. 1436
AN ORDINANCE TO BE KNOWN AS THE HOUSING ORDINENCfl ESTABLISHING MINIMUM STANDARDS COVERNING.THE CONDITION
AND MAINTENANCE OF DWELLINGS: -"ESTABLISHING MINIMUM STANDARDS GOVERNING SUPPLIED.UTILITIFS AND FACILIT=
IES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL -TO MAKE DWELLINGS SAFE, SANITARY AND FIT FOR
HUMAN HABITATION;.ESTABLISHING,MINIMUM STANDARDS GOVERNING THE CONDITION OF."VRELLINGS OFFERED FOR RENT,
FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; AUTHORIZING THE INSPECTI
OF DWELLINGS, AND THE"CONDEMRATION OF DWELLINGS UNFIT.FOR'HUMAN HABITATION; AND FIXING PENALTIES FOR
VIOLATIONS
WHEREAS, in the City-ofAlayetteville, Arkansas, there are, or may in the future be, dwelling struct
which are so dilapidated, unsafe,dangerous, unhygienic, or insanitary as to constitute a mance to the
health and safety of the.people An this City of Fayetteville, Arkansas; and
WHEREAS, The City Council of the City of Fayetteville, Arkansas, finds that it.is to the, best of th
City of Fayetteville in order to preserve the health, safety, and property of the public that a Housing
Ordinance" regulating supplied facilities, maintenaace, and occupancy of dwellings and dwelling units be
adopted.
L�
NOW, THEREFORE, BE IT ORDAINED;"B7.THE CITY COUNCIL.OF THE CITY OF. FAYETTEVILLE, ARKANSAS:
SECTION 1 DEFINITIONS
The following definitions shall apply;,in-.the interpretation and enforcement of this Ordinance:
1.1 Basement .shall mean a portion of'a building located partly unierground, but "having less than half
its clear floor -to -ceiling height below the average grade of the.adjoining ground.
1.2 Cellar shall mean,& Portion of a building located partly or wholly underground, and having half or
more than half of'its clear floor -to -ceiling height below the average grade of the adjoining groun
1.3 +Dwe� shall mean. 1knVorAJI.Vi.A4;AMvhlSinghl W*# partft tveVh%Jlri►bEAiWeirEinde
�SrB S1�nga�2T.hBm4AsaChb�OsnLboorBtv�rh�ilitgandleh�+obs%wh1$sii4�e7tbE9eE8ff�IItE�rt�Ef�$�Qi$ia'i�l�'oun
not be regarded as a dwelling.
q
1,4 l.kmlling Unitsshall mean any room or group of rooms located within a dwelling and forming a single
habitable unit with facilities which are used or intended to be used for living, sleeping, cookingi
and eating,
1,5 Extermination shall mean the control and elimination of insects, rodents; or other pests by elim-
ination their harborage places;bby removing or making inaccessible materials that may serve as
their food; by pobeoniig spraying, fujigatiog, t rapping; or by, any other recognized and legal peat
elimination methods approved by the Housing Officer,
1.6 Garkaxe shall mean the a nimal and vegetable waste resulting f rem the handling, preparatier* cooking
and consumption of food.
1,7 Habitable Room shall mean a room or enclosed floor space used or intended to be used for living,
sleeping, cooking, or eating purposes,excluding bathrooms, water doset compartments, laundries,
pantries, foyers, or communicating corridors, closets, and storage !pjaces,
1,8 Housing Board shall be a committee -composed of the Housing Officer and three members appointed by
the mayor.
1.9 Housing Officer shall meaa the legally designated authority of the Rity of Fayetteville. Arkansas,
or his authorized representative.
1,10
1.10 Infestation shall mean the presence, within or around a dwelling, of any insects, rodents or other
pests..
1.11 Multiple Dwelling shall mean a dwelling contains
any nE ng more than two dwelling unite.
1,12 Occupant shall mean any person, over 1 year of age, living, sleeping,, cooking, or eating in, or.
having actual possession of, a dwelling unit or roaming unit.
11.13 Operator shall mean any person who has charge,. care, or control of a building', or part thereof, in
which dwelling 'units or rooming units are let.
0
1.14 Ordinary Minimum Winter Conditions shall mean the temperture 15 P. above the lowest recorded t emp-
erature for the precious 10 -year period.
1.15 Owner shall mean any person who, alone or jointly or severally with others:
(a) Shall have 3Lgaltitle to any dwelling or dwelling unit, with or without accompanying actual
,'possession thereof; or
(b) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the
owner, or as executor, executrix, administrator, administratrix,.trustee, or guardian of the
estate of the owner, Any shch person thus representing the actual owner shall be bound to
comply with the provisions of this ordinance, and of rules and regulations adopted pursuant
thereto, to the same extent as it he were the owner.
1.16 Person shall mean and indlude any individual, firm, corporation, association, or partnership.
1.17 Plumbing shall mean and include all of the fellow ing supplied facilities and equipment: Gas pipes,
gas-burbing equipment, wgter pipes, garbage disposal units, waste pipes, water dosets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed ciothes-washing machines,
catch basins, drains,vents, aid any other similar sppplied fixtnres,together with all connections
to water, sewer, or gas lines,
1.18 Rooming Unit shall mean any room or group of rooms forming an single habitable unit used or intente
to be used for living and sleeping, but not for cooking or eating purposes.
1.19 Rooming House shall mean any dwelling, .pr that part of any dwelling containing one or more rooming
units, in which space'is let by the owner or operator to three or more persons who are not husband
or wide, son or daughter, mother or father, or sister or brother of the owner of operator.
1.20 Rubbish shall mean combustible and noncombustiable waste materials, except garbage; and the tern
shall include the residue from the burling of wood, coal, coke, and other combustible material,
paper, raga, cartons, boxes, woed,:excelsior, rubber, leather,tree branches, yard trimmings, tin
cane, metals, mineral matter,glass crockery, and dust.
1.21 Supplied shall mean•paid for, furnished; or provided by or under the control ofs the owner or
operator.
1,. 22 Temporary Housink'`skinll mean any tbnt, trailer, or other structure used for human shelter which is
designei.to.be•transp's' able and which is nctattached to the ground, to another structure, or to
any utilities system on the same premises for more than 30.consecutive days.
1.23 Meaning 4f Certain Words. Whenever the .Works "dwelling," "dwelling unit," "rooming house," "rooming
unit," "premises," are used in this ordinance, they shall be construed as though they.were followed
by the werKs "or any part thereof."
SEC SECTION 2. INSPECTION OF DWELLINGS, DWELLING
UNITS, ROOMING UNITS AND PREMISES
2,1 The Housing Officer is hereby authorized and directed to make inspections to determine the conditso
of dwellings, dwellingunits, rooming unite,'and premises located within this City of Fayetteville,
Arkansas, in order that he may perform his duty of safeguardias the health and safety oft he occupy
of dwelling and of the general public: For the pnrpise of making ouch inspections the Housing
Officer is hereby authorized to enter, examine, and survey at all reasonable times all iwbllings,
dwelling units j; rooming units, and premises. The owneroor.occupant of every dwelling, dwelling
unit, and roaming unit, or the pekson in charge thereof,'•shill.give the Housing Officer free
access to such dwelling, dwelling unit or rooming unit ani'its;premises, at all reasonable times
for, -the purpose of such inspection, examination;"rafid.�survey." Every occupant of a dwelling or
dwelling unit shall give the owner thereof, or;Kig'agentlor employee„ access to any part of such
owe or dwelling unit or its
X Ming g , premises, at all r edsofiable times•for the purpose of making
such repairs or alterations as are necessary to effect'cimplsance;with the provisions of this
g ordinance or wdth any lawful rule or regulation adopted or..any'lawful order issued pursuant to
the provisions of this ordinance.
-C�LT1GiTT_'' f-L"'i�t l;F'Tm �f�'�Hr TGTTS S� Cy�
.fiTd nAj}N'Q S' lie--_ann•-
310
SECTION 3. ERFORCEMENT-SERVICE OF NOTICES
'AND ORDERS4EARINGS
3.1 whenever the Housing Officer determines that there are reasonable grounds to believe that there has been
a violation of any provision of this ordinance or any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person or persons responsible therefor, as
hereinafter provided. Such notice shall:
(a) Be put in writing;
(b) Include a statement of the reasons why it is being issued;
(c) Allow a reasonable time for the performance of any act•it required;
(d) Be served upon the owner or his agent, or the occupant, as the case may require: Privided tha
u such notice shall be deemed to be properly served upon such owner.or.agent, or upon such Occup-
ant, if a copy thereof isserved upon him personally; or if a copy thereof is sent. by certified
mail *to his' last known address; or if a copy thereof is posted in a conspicuous place in or about
the dwelling affected by the notice; or if he is served with such notice by any other method
authorized or kequired under the laws of this state.
Such notice may:
(e)
Contain an
outline of
remedial
action which,••if taken, will effect compliance with the
ions of this
ordinance
and with
rules and regulations adopted pursuant thereto.
Any person ajtyected by any notice which has been issued in connection with the enforcement of any
provision of//this ordinance, or of any rule or regulation adoptedpursuant thereto, may request and
shall be granted a hearing on the matter before the Housing Board:. Privided that such person shall
file in the office of the Housing Officer a written petition requesting such hearing and setting
forth a brief statement on the grounds therefor. within 10 days after the day the notice was served.
pen receipt of such petition the Housing Board shall set t time and Niode-for such hearing and
shall pl ve the petitioner written notice thereof. -At such hearing the petitioner shall be given
an opportunity to be heard and to show wJy such notice should be modified or withdrawn: The hearin
shall be codified or withdrawn. The hearing shall beicommenced not later than 10 days after the
day on winch the petition was filed: Provided that upon application of the petitioner the Housing
Board may postpone thedate of the hearing for a reasonable time beyond such 10 -day period, if in
its j#dgment the petitioner has submitted a good and sufficient reason for'such postponement.
1.3 After such hearing the Housing Board shall sustain; modify, or withdraw the notice, depending upon
its finding ae,to whether the provisions of this ordinance and of the rules and regulations
Ldepted pursuant thereto have been complied with. If the "•using Board sustains or modifies such notice,
it shall be deemed to be an order, Any notice served pursuant to Subsection 3.1 of this ordinance
shall automatioilly become anyorder if a written petition for a hearing is not filed in the office
the Hensing B • a r d wi6hin 10 days after such notice is served. After a hearing in the case of
any notice suspending any permit required by this ordinance or by any rule or regulation adopted
pursuant thereto, when such nitice has been sustained by the Housing B o a rd, the permit shall
be deemed to have been revolted.. Any such permit which has been suspended by a notice shall be deem
to be automatically revoked if a petition for -hearing is not filled in the office of the Housing
Board within 10 days after such snotice is serval.
1.4 The precceedings at such hearing, including the findings and dedision of the Housing Board, shall
be summarized, reduced to writing, and intered as a matter of public record in the oddice of the
Housing Board, Such record shall also include a cop* of every notice or order issued in con-
nection with the matter. Any person aggrieved by the decision of the Housing B o a r d May seek
relied therefrom before the Beard of Appeal, existing under the Building Code Ordinance and there-
after in any court of competent jurisdiction, as provided by the laws of this state.
I.5 w 1
10 whenever the Housing Officer finds that an emergency exists, which requires immediate action to prot
the public health, he may, without notice or hearing, issue an order reciting the existence of such
an emergency and requiring that such action be taken as he deemsmedessary to meet the emergency.
Nethwrithstanding the other provisions of this ordinance, such eider shall be effective immediately.
Any person to whom such order is directed shall comply therewith immmediatily; but upon petition to
the Hiusing Board shall be afforded a hearing as soon as possible, After such hearing, depending
upon his finding as to whether the provisions of this ordinance and of the rules and regulations
adopted pursuant thereto have been complied with, the Housing Officer shall continue shah order in
effect, or modify it, or revoke it.
SECTION'4. ADOPTION OF RULES AND REGULATIONS
BY THE HOUSING OFFICER
�41 The Housing Board is hereby authorized to make and; after a motion therefor has been approved by a
resolution of the City Council of the City of Fayetteville, Arkansas, to a doptsuch written rules an
regulations as nay be necessary for the proper enforeement of the provisions of this ordinance:
Provided that such rules and regulations shall not be in conflict with the provisions of this
ordinance. The Housing B o a r d shall file a certified oppy of all rules and regulations which
he jay adopt with the clerk of this City of Fayetteville, Arkansas..
SECTION 5: MINIMUM STANDARDS FOR BASIC
EQUIPMENT AND FACILITIES'
No person shall occupy as;own6r-occupant or let to another for occupancy any dwelling or dwelling
nit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the
ollhwing requirements:
.1 Every dwelling unit shall contain a kitchen sink in good working condition and properly connected
to a water and sower'ststemapproved by the Housing, Officer.
.2 Every dwelling unit (except as otherwise permitted under Subsection 5.4 of this•Section) shall contain
a room which affords privacy to a person within said ream and which is equipped with a flush,. -Water
closet and a lavatory basin in good working condition and properly connected to 'a water and sa'
system approved by the Housing Officer.
5.3 Every dwelling unit (except as' otherwise permitted under Subsection 5.4 of this Section) shall
contain, wd.thin a rood which affords privacy toa person within said room a bathtub or shower in
good working conttition and properly connected to a water and system approved by the Housing Officer.
Ordinance No. 1436
SECTION 6. MINIMUM STANDARDS FOR LIGHT,
VENTILATION, AND HEATING
No persons shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelligg
unit, for the purpose ofliving therein, which does•not comply with the following requirements:
6.1 Every habitable room shall have at least one window or skylight facink directly to the outdoors.
The minimum tetalw*indow area, measured between stops, ferevery habitable room shall be 10 per
cent of the.fioor area of such room. Whenever walls or other portions of structures facd window
of any such room and such light -obstruction structires ane located less than 3 feet from the win
and extend to a level above that of the ceiling d tbk.room, such a window shall not be deemed to
face directly to the outdoors and shall not be included as contributing the required minimum tot
window area. Whenever the only window in a room is'a skylight -type window in the top of such ro
the total window area of such skylight shall equal at least 15 per cent of the total floor area
of such room.
6.2 Every habitable room shall have at least one window or skylight which can easily be opened, or
such other device as will adequately ventilate the room. The total of 1penable window area in
every habitable, room shall be equal to at least 45 per cent of the minimum window area size or
mindmum skylight -type windew size, as required in Subsetion 6.1 of Section 6 of this ordinance,
expept where thabre is supplied some -other device affording adeqate ventilation and approved by th
Housing.Officer.
6.3 bbery bathroom and wbter closeb compartment shall comply rdth the light and ventilation requir-•.
merits for habitable rooms contained in Subsections 6.1 and 6.2 of Section 6.;except that no window
or skylight -shill be required in adequately ventilated bathrooms and water dleset compartments
equipped with a vintilation system which is capable of being kept in continupus operation and
approved by the housing Officer.
6.4 Where there is''electric service available from power lines which -are not more than 300 feet away
from a dwelling, evdry habitable r}om of such dwelling shall contain at least two separate fioer
or wall -type electric convenience eutlbts, or one such convenience outlbb and one supplied ceiling
type electric light fix*ur•e; and every water closet compartment, bathroom, la udry reem,furnace
room, and public hall shall contain at least one supplied ceiling-er wall -type electric light
fixture. Every such cutlet and fixture shall be properly installed,#shall be maintained in good a
safe working condition, and shall be connedted to the source of electric power in a "fe manner.
6.5 Every dwelling 'shall have heating facilities whack are properly installed, are maintained in safe
good, working condition, and are capable of safely and adequately heating all habitable
rooms bathrooms, and water closet compartments in every dwelling unit licated therein to a tempar-
attire ature of at least 70oF.0 at a distance: three feet above floor level, under ordinary minimum winter
conditions.
6.6 Every puplic ba 11 and stairway in. every multiple dwelling•containing five or macre dwelling units
shall be adequately lighted at all times. Every puolic hall and stairway in ;structures devoted si
to dwelling occupancy and containirrannot more than f*ur dw4i1ling unite may be supplied with con-
veniently located light switches,.controlling an adequate lghting system w6igh may be turned on
when needed, instbad of fullti#e lighting.
6.7 During that portion of each year when the Housing Officer deers it necessary for protedtion agaim
mosquitoes "flies,'and other insects, every door opening directly from a dwelling unit to outdoor
space shallhave supplied screens ani every window or other device with openings tip outdoor space;
used or intended to be used for gentilation, shall likewisbe be supplied with screensd Provided
that such screens shall not be required during such period in rooms deemed by the Housing Officer,
to be:located'high enough in the upper stories orf buildings as to be free -from shch Insects,
in rums located in areas of this City of'Fayetteville Arkansas, which are deemed by the Housing
'Officer to have so few such insects as to render screens unnecessary.
5.4 The occupants_of not more than two dwelling units may share a single flush water closet, a single
lavatory basin, and a single bathbubor shower if:
(a) Neither of the two dwelling units contains more than two rooms: Provided that, for the purpo-
ses'of this Subsectio4 a kitchenette or an effect•ency kitchen with not more than 60 square feet
of floor area shall net be counted as a room; and bath
(b) The habitable area of each of.such dwelling units shall equal not more than 250 square feet of
floor area; and
(c) Such water closet, lavatory basin, and bathtub or showft shall be in good working condition
and properly connected to a water and sewer system approved by the Heidsng Officer.
5.5 Ebery kitchen sink, lavatory basin, and bathbub or shower required under the provisions of Sub-
sections 5.1, 5.2, 5.3, and 5.4 of Section 5 of this ordinance shall be properly connected with
both hot and aid water lines. •
5.6 Every dwelling unit shall be supplied with adequate rubbish storage facilities, type and ldcation
of which are approved by the Housing Officer.
5.7 Every dwelling units shall have adequate garhage disposal facilities orgagbage storage containers,
type and location of which are7*,pproved by the Housing Officer.
5.8 Egery dwellirg shall have supplied water -heating facilities which are properly installed, are.
maintained in safe and good working condition, are properly connected with the hot wqter lines re-
quired under the provisions of Subsection 5.5 of Section 5 of this ordinance, aid are capable of
boating water to such a temperature as to permit an adequate amount cf water to be drawn at every
required kitchen sink,` lagatory basin, bathtub or shower at a temperature of not less thahn'
1209F. Such supplied water -heating facilities shall be capable of meeting the requirements of thio
Subsection when the dwelling or dwelling unit heating facilities required under the provisions of
'Subsection 6.5 of.Section 6 of this ordinance are not in operation.
5.9 Every dwelling -unit sahll have safe, unobstructedmeans of egress leading to safe and open silage at
ground level, ase required by the laws of this state and this City of Fayetteville, Arkansas.
SECTION 6. MINIMUM STANDARDS FOR LIGHT,
VENTILATION, AND HEATING
No persons shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelligg
unit, for the purpose ofliving therein, which does•not comply with the following requirements:
6.1 Every habitable room shall have at least one window or skylight facink directly to the outdoors.
The minimum tetalw*indow area, measured between stops, ferevery habitable room shall be 10 per
cent of the.fioor area of such room. Whenever walls or other portions of structures facd window
of any such room and such light -obstruction structires ane located less than 3 feet from the win
and extend to a level above that of the ceiling d tbk.room, such a window shall not be deemed to
face directly to the outdoors and shall not be included as contributing the required minimum tot
window area. Whenever the only window in a room is'a skylight -type window in the top of such ro
the total window area of such skylight shall equal at least 15 per cent of the total floor area
of such room.
6.2 Every habitable room shall have at least one window or skylight which can easily be opened, or
such other device as will adequately ventilate the room. The total of 1penable window area in
every habitable, room shall be equal to at least 45 per cent of the minimum window area size or
mindmum skylight -type windew size, as required in Subsetion 6.1 of Section 6 of this ordinance,
expept where thabre is supplied some -other device affording adeqate ventilation and approved by th
Housing.Officer.
6.3 bbery bathroom and wbter closeb compartment shall comply rdth the light and ventilation requir-•.
merits for habitable rooms contained in Subsections 6.1 and 6.2 of Section 6.;except that no window
or skylight -shill be required in adequately ventilated bathrooms and water dleset compartments
equipped with a vintilation system which is capable of being kept in continupus operation and
approved by the housing Officer.
6.4 Where there is''electric service available from power lines which -are not more than 300 feet away
from a dwelling, evdry habitable r}om of such dwelling shall contain at least two separate fioer
or wall -type electric convenience eutlbts, or one such convenience outlbb and one supplied ceiling
type electric light fix*ur•e; and every water closet compartment, bathroom, la udry reem,furnace
room, and public hall shall contain at least one supplied ceiling-er wall -type electric light
fixture. Every such cutlet and fixture shall be properly installed,#shall be maintained in good a
safe working condition, and shall be connedted to the source of electric power in a "fe manner.
6.5 Every dwelling 'shall have heating facilities whack are properly installed, are maintained in safe
good, working condition, and are capable of safely and adequately heating all habitable
rooms bathrooms, and water closet compartments in every dwelling unit licated therein to a tempar-
attire ature of at least 70oF.0 at a distance: three feet above floor level, under ordinary minimum winter
conditions.
6.6 Every puplic ba 11 and stairway in. every multiple dwelling•containing five or macre dwelling units
shall be adequately lighted at all times. Every puolic hall and stairway in ;structures devoted si
to dwelling occupancy and containirrannot more than f*ur dw4i1ling unite may be supplied with con-
veniently located light switches,.controlling an adequate lghting system w6igh may be turned on
when needed, instbad of fullti#e lighting.
6.7 During that portion of each year when the Housing Officer deers it necessary for protedtion agaim
mosquitoes "flies,'and other insects, every door opening directly from a dwelling unit to outdoor
space shallhave supplied screens ani every window or other device with openings tip outdoor space;
used or intended to be used for gentilation, shall likewisbe be supplied with screensd Provided
that such screens shall not be required during such period in rooms deemed by the Housing Officer,
to be:located'high enough in the upper stories orf buildings as to be free -from shch Insects,
in rums located in areas of this City of'Fayetteville Arkansas, which are deemed by the Housing
'Officer to have so few such insects as to render screens unnecessary.
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6.8 Every basement er cellar window used or intended to be used for ventilation, and every other openii
hebase:isdirwhich might provide.an entry for rodents, shall be supplied with a screen or such other
device as will effectively prevent their entrance.
SECTION.7. GENBRAL REQUIREMENTS RELATING TO
THE SAFE AND SANITARY MAINTNFANCE Ow
PARTS OF D'.MINGS AND DWELLING UNITS
No person shall occupy as owner-occupany *rlett is another for occupancy anti dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following requirements:
'.1 Every ferundation,floor, wall, cdiling, and roif shall be reasonably weathertight, watertight, and
and retentproff; shall be capable of affording privacy; and shall be kept in good repair.
F.2 Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight,
and rodentproff; and shall be kept in sound working condition and good repair.
P.3. Every inside and outside stair, every porch, and egeey appurtenance thereto shall be so constructs)
as to be safe to use and capable of supporting the lead that normal use may cause to be placeld
thereon: and shall be kept in sound condition and good repair.
'.4 Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good
sanitary working contition, free from defects, leaks, and obstructions.
P05 Every w4ter closet comparEment floor surface and bathroom floor surface shall be constructed and
maintained so as to be reasonabll impervious to water and so as to .permit such floor to be easily
.kept in a dlean and sanitary condition.
1.6 Eve4y supplied facility, piece of equipment, or utility which is required kinder this ordinance,
shall be so constructed or installed that it will function safely and effectively, and shall be
maintained in satisfactiry working condition.
'07 No owner, operatie, or occupant shall cause anyservice, facility, equipmeht, or utility which is
required under this ordinance to be removed from of shut off from or discontinued for any occupied
dwelling let or occupied by him, exeept for such timporary interruption as may be necessary while
actual repairs or alterations are inprocess, or duringttemperary emergencies when-descontinuance
of service is approved by the housing Officer.
F.8 No owner shall occupy or let to any dher occupant any vacant dwelling unit unless it is clean,
sanitary, and fit for human occupancy.
SECTION 8. MINIMUM SPACE, USE, AND LOCATION
REQUIREMENTS
At least one-half of the floor area of every habitable room shall have a ceiling height of at
least six and one-half (6 112)feet; and the floor area of that part of any room where the ceiling
heitht is less than five (5) feet shall not be considered as part of the floor area in computing ti
total floor area of the room for the purpose of determining the maximum permissible occupancy
thereof.
8.5 No basement or cellar space shall beused as a habitable room or dwelling unit unless;
(a) The floor and walls are impervious to leakage of underground and surface runoff water and
are insulated against dampness;
(b) The total of window*area in each room is. equal to at least the minimum window area:.sizedv
as required in Subsection 6.1 of Section 6 of this eidinance;
(c) Such required minimum window area is located entirely above•the grade of the ground adjoining
such window area; and
(d) The total of openable window area in each room is equal to at least the minimum as required
under Subsection 6.2 of Section 6 of this ordinance, except where there is supplied some
other device affordinj adequate ventilation and approved by the Housing Officer.
n "SECTION 9. RESPONSIBILITIES OF OWNERS AND
OCCUPANTS
.1 fiery owner of a dwelling containinil two or more dwelling units shall be responsible for maintainie
in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
.2 Every occupant of a dwelling or dwelling unit shall -keep in a clean and sanitary condition that
part of the dwelling, dwelling unit, and premises thereof whtikh he occupies and controls.
.3 Every occupant of a dwelling otrdwelling unit shall tfepooe ofcannhi*d"bMtgrpncgngjAi&nakkat
Sanitdrk!xmanner by placing it in the rubbish containers required by Subsection 6.6off Section 5
of this ordinanne;
to
No person shall occupy or let. to another for occupancy any dweilling or dwelling unit, for the
puppose of living therein, which does not comply with the following requirements:
811 Every dwelling unit shall contain at least 150"square feet of floor apace for the first occupant
thereof and at least 100 additional square ffiet-of floor space for every additional occupant
thereof, the floor space to ve calculated on the basis of total habitable room area.
8.2 In egery dwelling unit of two or more roons,mevery room occupied for sleeping purposes by one
occupant shall contain at'least 70 square feet of floor space, and every room occupied for sleep-
ing pupposes by more than one occupany shall contain at least 50 square feet of floor space for
each occupant thereof.
8.3 No dwelling or dwelling unit containing two or more sleeping roods shall have such room arrance-
ements that access to a'bathroom or water closet) compartment intended for use by occupants of more
than one sleeping room can be had only by going through another sleeping room; ar sliall room
arrangements be such that access to a sleeping room can be had only be going throughbinother
sleeping room or a bathroom or water closet compartment.
At least one-half of the floor area of every habitable room shall have a ceiling height of at
least six and one-half (6 112)feet; and the floor area of that part of any room where the ceiling
heitht is less than five (5) feet shall not be considered as part of the floor area in computing ti
total floor area of the room for the purpose of determining the maximum permissible occupancy
thereof.
8.5 No basement or cellar space shall beused as a habitable room or dwelling unit unless;
(a) The floor and walls are impervious to leakage of underground and surface runoff water and
are insulated against dampness;
(b) The total of window*area in each room is. equal to at least the minimum window area:.sizedv
as required in Subsection 6.1 of Section 6 of this eidinance;
(c) Such required minimum window area is located entirely above•the grade of the ground adjoining
such window area; and
(d) The total of openable window area in each room is equal to at least the minimum as required
under Subsection 6.2 of Section 6 of this ordinance, except where there is supplied some
other device affordinj adequate ventilation and approved by the Housing Officer.
n "SECTION 9. RESPONSIBILITIES OF OWNERS AND
OCCUPANTS
.1 fiery owner of a dwelling containinil two or more dwelling units shall be responsible for maintainie
in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
.2 Every occupant of a dwelling or dwelling unit shall -keep in a clean and sanitary condition that
part of the dwelling, dwelling unit, and premises thereof whtikh he occupies and controls.
.3 Every occupant of a dwelling otrdwelling unit shall tfepooe ofcannhi*d"bMtgrpncgngjAi&nakkat
Sanitdrk!xmanner by placing it in the rubbish containers required by Subsection 6.6off Section 5
of this ordinanne;
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Ordinanne No. 1436
9.4 Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other or-
ganic waste which might provide food for rodents, in a clean and sanitary manner, by placing it
in the garbage disposal facilities or garbage storage containers required by Subsection 5.7 of
Section 5 of this ordinance. It shall be the responsibility Of the owner to supply such
facilities or containers for all dwelling units in a dwelling containing more than four dwelling
units and for all dwelling units located on premises where more than four dwelling units stere the
same premises; In all other cases it shall be the responsibility of the occupant to furnish
such facilities or containers.
9.5 Every o6cupant'of a dwelling or drdelling unit shall be responsible for hanging all screens and
— double or storm doors and windows whenever the same are required under the provisions of this
ordinance or of any rule or regulation adopted pursuant theretok except where the owner had agreed
to supply sudh service.
9.6 Every occupattloof a dwelling containing a sinble dwelling unit shall be responsible for the ex-
termination of•any inaects, rodents, or other pests therein or on the premises; and every occupant
of a dwelling unit in a dwelling containing more than one dwelling unit shall be aesonsible for
such extermination whenever his dwelling unit is the only one infested. Notwithstanding the
foregoing provisions of this subsection, whehever infestation is caused by gailure of the owner to
maintain'a dwelling in a rat-pr-oef or reasonably insectproef condition, extermination shall be
the responsibility of the owner. Whenever infestation exists in two or more tof the dwelling
utdto in any dwelling, er in the shared or puplic parts of any dwelling containing two ormore
dwelling units, extermination thereof shall be the responsibility of the owner.
9.7 Every occupant of a dwelling unit shall keep all plumbing fixtures therein'in a clean and sani-
tary condition and shall be responsible for the exercise of reasonable care in the proper use
and operation thereof.
SECTION I(0, ROOMING HOUSES
No person shkll operate a rooming house, or shall occupy or let to another for occupancy any
rooming unit in any rooming house, except in compliance with the provisions of every section of this
ordinance except the provisions of Section 5 and Section 9.
10.1 No person shall operate a rooming house unless he holis4a valid rooming house permit issued by
the Housing Officer in the name of the operator and for the specific dewlling or dwelling unit.
The operator shall apply to the Housing Officer for such permit, which shall be issued by the
Housing Officer upon compliance by the operator with the applicable provisions of this ordinance
and of any rules and frgulations adopted pursuant thereto. This permit shall be displayed inaa
conspicuous place within the rooming house at all times.
No such permit shall be transferable. Every person holding such a permit shall give notice in
8 writing to the Housing Officer within 24 housrs after having sold, transferred, given away, or
otherwise disposed of ownership of, interest in, or control of any rooming house, Such notice
shall include the name and address of the person succeeding to the ownership or control of such
rooming house. Every rooming house permit shall expire at the end of one year following its date
of issuance, unless sooner suspended or revoked as hereinafter provided.
10.2 Any person whose application for a permit to operate a rooming house has been denied may request
and shall be granted a hearing on the matter before the Housing Officer, under the procedure
provided by'Section 3 of this ordinance.
10.3 Whenever upon inspection of any rooming house the Housing Officer find's that conditions or pract-
ices exist which are in violation of any provision of this ordinance or of any rule or regulation
adapted pursuant thereto, the Housing Officer shall give notice in writing to the operator of such
rooming house that unless such conditions or practices are cefrected uithin a reasonable period,
9 to be determined by the Housing Officer, the operator's rooming house permit will be suspended.
At the and of such period the Housing Officershba11 reinspect such rooming house, and if he finds th
that such conditions'or preatices have not been corrected, hes@hall given notice in writing to
the operator that the latter's J?ermit has been suspended. Upon receipt of notice of suspension,
such operator shall immediately cease operatiep of such rooming house,.and no person shall occupy
for sleeping or living purposes any rooming unit therein.
10.4 Any person whose permit to operate a rooming house has been suspended, or who has received notice)
from the Housing Officer that his permit is to be suspended unless existing conditions or pract-
ices at his rooming house are corrected, may request and shall be granted a hearing on the matter
before the Housing Officer, under the procedure provided by Section 3 of this ordinance: Provided
that if no petition for such hearing is filed within 10 days following the day on which such pelt
was suspended, such permit shall be deemed to have been automatically revoked.
10.5 Flush water closet(s), lavatory basin (a), and bathtub (s) or shower(s), properly connected to a
water and sewer system approved by the Housing Officer and in good working condition shall be
supplied in quantities conforming to Minimum Facilities for Dormitories of the Arkansas State
Plumbing Code, latest edition, All such facilities shall be so located within the dwelling as
to be reasonahhy accessible from a common hall or passagewgy to all persons sharing such faciliti
Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times
No such facilities shall be located in a basement except by writteh•approval of the Housing
Officer.
10.6 The operator of every rooming house shall change supplidd bed linen and towels therein at least
once each week, and prior to letting.of.any room to any occupant. The operator shall be respon-
sible for the maintenance of all supplied bedding in a clean and sanitary manner.
10.7 Every room occupied for sleeping purposes by one personsshall contain at least 70 square feet of
,floor space, and every room occupied for sleeping purposes by more than one person shall contain
at least 50 square feet of floor space for.each occupant thereof:
10.9 Every rooming unit shall haste safe, unobstructed means of egree jeadb* to safe and open space
at ground level, as required by the laws of this state and this City of Fayetteville, Arkansas.
10.9 The operator of every rooming house shall be responsible for the sanitary maintenance of all
walls, floors, and ceilings and,for maintenance of a sanitary condition in every other part of
the rooming house; and he shall be further responsible for the sanitary maintenance of the entir
premises where the entire structure or building is leased or occupied by the operator.
10.10 Every provision of this ordinance which applies to rooming houses shall also apply to hotels and
motels, except to the extent that any such provision may be found in conflict with the law of
this state or with the lawful regulations of any state board or agency.
SECTION 11, DESIGNATION OF UNFIT DEWLLINGS
AND LEGAL PROCEDURE OF CONDEMNATION
The designation of dwelling units as unfit for human habitation and the procedure for the condem-
and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with
3 and with the following requirements:
11.1 Any dwelling or dwelling unit which shall be found to have any of the following defects
shall be condemed as unfit for human habitation and shall be so designated and placarded
by the Housing Officer: . . •
11.1.1 Onerwhich is so damaged, decayed, dilapidated, insanitary, unaafe, or vermin -
infested that it'creates a serious hazard -to the health or safety of the occupants
or of the public.
11.1.2 One which lacks illumination; ventilation, or sanitation facilities adequate to
protect the health or safety -of the occupants or of the public.
11.1.3 One which because of its -general condition or location is insanitary, or otherwise
dangerous, to the health or safety of the occupants or of the public.
11.$ Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated
and placarded by the Housing Officer, shall be vacated within a reasonable time as ordered
by the Housing Officer.
11.3 No dwelling or dwelling unit which has been condemned and placarded as .unfit for human
habitation.shall again be used for human habitation until written approval is secured from
and such placard is removed by, the Housing Officer. The Housing Officer shall remove
such placard whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated.
11.4 No person shall deface or remove the placard from any dwelling or dwelling unit which has
been condemned as unfit for human habitation and placarded as such, except as provided
in Subsection 11.3.
11.5 Any person affected by any notice ormorder relating to the condemning and placarding of
a dwelling or dwej4&ng unit as unfit for human habitation may request and shall be granted
a hearing on the matter before the Housing Officer, under the prodedure set forth in
Section 3 of this ordinance.
SECTION 12. PENALTIES
12.1 Any person who hhall violate any provision of this ordinance or any provision of any rule
or regulation adopted by the Housing Officer pursuant to the authority granted by this,
ordinance, shall be guilty of a misdemeanor and upon conviction shall be fined twenty-five
dollars ($25.00) and dbuble that amount for each repetition of such offense or violation,
provided, that if such violation or offense is in its nature, continuous in respect to
time, the fine or,penalty $Br allowing continuance thereof shall be fifteen dellarsl($15.00)
for eagh day that the same mak be unlawfully continued.
SECTION 13. CONFLICT OF ORDINANCES•.* EFFECT
�\ OF PARTIAL INVALIDITY
a.
1$.1, In any casewhere a provision of this ordinance is found to be in conflict with a provision
`'_*�f an zoniz?g, building, fire, safety, or health ordinance or dote of this City of Fayettevi
Arkansas, existing on the effective date of this ordinance, the provision which establishes
the higher standard for the jr9tection of the health and safety of the people shall prevail.
In any casejwheie a provision of this ordinance is found to be in conflict with a provision
of any other ordinance or code of this City of Fayetteville, Arkahsas, existing on the
effective-�itto of this ordinance which establishes a lower standard for the promotion and
protection if the health and safety ofthe people, the provisions of this ordinance shall
be deemed to prevail, and such other ordinances pr codes are hereby declared to be'repealed
to the exEent that they may be found in conflict with the ordinance.
/�N
13.2 If any seciien, subsection, paragraph, sentence, clause, or phrase of this ordinance should
be declared invalid for any reason whatsoever, such decision shall not affect the remain-
ing portions of this ordinance, which shall remain in full force and effect; and to this
end the provieisna of this ordinance are hereby declared to be severable.
SECTION Tl.. EFFECTIVE DATE
LP.1 This ordinance shall be in full force and effect from and after its.passage, approval,
and publication.
PASSES AND APPROVED this 15th day of February, 1965•
APPROVED:
GUY E. BROWN, MAYOR
EORG ,IS, CITY CLERK
here being no further business, Alderman Heflin moved to adjourn.
he motion was seconded by Alderman Short and passed unanimoukly, whereupon the Mayor declared the
djourned.
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