HomeMy WebLinkAboutORDINANCE 6206113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6206
File Number: 2019-036.3
AMEND CHAPTER 173 BUILDING REGULATIONS:
AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE
FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING
REGULATIONS WITH CURRENT BUILDING CODES AND ELIMINATE UNNECESSARY
REQUIREMENTS THAT HAVE LITTLE OR NO IMPACT ON THE QUALITY OR SAFETY OF
BUILDINGS WITHIN THE CITY
WHEREAS, Chapter 173 Building Regulations is more than twenty years old and is in need of
updating and general housekeeping; and
WHEREAS, several provisions are outdated or are not useful in the administration of building codes
and permits and the revisions proposed by staff are an attempt to align the City's building regulations
with current building codes where possible and eliminate unnecessary requirements that have little or no
impact on the quality or safety of buildings within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 173 by
changing all instances of "Building Safety Division Director" to "building official."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection
(F)(3) regarding temporary certificates of occupancy in § 173.01 General Provisions as follows:
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File Number. 2019-0364
Ordinance 6206
"(3) Temporary Certificate of Occupancy. A temporary certificate of occupancy may be executed and
issued by the Building Official to allow buildings or parts of buildings to be occupied before completion of
the entire scope of work.
(a) Duration. Temporary Certificates of Occupancy are valid for a maximum of thirty (30) days.
Temporary certificates must be renewed at expiration until the final Certificate of Occupancy is issued.
(b) Request. A written request must be submitted by the building owner or permit applicant prior to issuance
of a Temporary Certificate of Occupancy.
(c) The Building Official shall have the discretion to issue a Temporary Certificate of Occupancy based
upon the circumstances of hardship beyond the permit holder's control, the past performance of an
applicant to successfully comply with the terms of Temporary Certificate of Occupancy issuance, or an
applicant's failure to maintain a previously issued Temporary Certificate of Occupancy. In most
circumstances, no new Temporary Certificate of Occupancy will be issued to a developer or builder
(regardless if the builder or developer uses different corporate or LLC names) who has one or more
overdue Temporary Certificates of Occupancy or has otherwise not complied with previous
commitments, requirements or terms of a previous Temporary Certificate of Occupancy until the entire
backlog of Temporary Certificates of Occupancy with any problems has been remedied to the
satisfaction of the Building Official."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.02(B)(1) (b) and
renumbers the remaining subsection accordingly.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.02(B)(8) and
enacts a new § 173.02(B)(8) as follows:
"Issuance of New Building Permit for Unfinished Project. No new building permits may be issued for
property for which a building permit has expired unless approved by the Building Official for good
cause shown by the applicant and adequate assurance that the project will be completed within the time
frame authorized by the Building Official." _
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals §173.03 Fire Zones
and renumbers the remaining sections accordingly.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B) (5)
Miscellaneous Provisions and (13)(6) Neon Lighting of §173.04 Electrical Code.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends §173.05 Gas Piping
Code by changing the instances of "Arkansas State Gas Code" in subsections (A) and (B) to
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File Number. 2019-0364
Ordinance 6206
"Arkansas State Fuel Gas Code."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends §173.06
Plumbing Code by adding "if applicable" to the end of subsection (B)(1)(b)(iv) so that after the
amendment it reads "Building permit has been issued, if applicable."
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)(2)
of § 173.06 Plumbing Code by changing "inspector" to "building official."
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby amends §173.08 Energy
Conservation Code by changing the instances of "sticker" in subsections (B)(2) and (B)(3) to "label."
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B) (4)
of §173.09 Unsafe Buildings and Property Nuisances and enacts a new subsection (B)(4) as follows:
"Unoccupied buildings or structures that are not properly secured, locked, or closed."
Section 12: That the City Council of the City of Fayetteville, Arkansas hereby replaces the reference to
§ 173.09 Unsafe Buildings and Property Nuisances and enacts a new subsection (B)(5) as follows:
"Unfinished. Buildings or structures under construction that have been abandoned or are inactive and for
which there are no valid permits."
PASSED and APPROVED on 7/16/2019
Attest:
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Sondra E. Smith, City Clerk Treasu $A, ,.• • CITY q4,.9J,''.�
: FAYE77. ;�n=
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Page 3 Printed on 7/17/19
,:'";�� City of Fayetteville, Arkansas 113 West Mountain Street
r-1 = Fayetteville, AR 72701
(479) 575-8323
Text File
>�
— File Number: 2019-0364
Agenda Date: 7/16/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 1
AMEND CHAPTER 173 BUILDING REGULATIONS:
AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE
FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING
REGULATIONS WITH CURRENT BUILDING CODES AND ELIMINATE UNNECESSARY
REQUIREMENTS THAT HAVE LITTLE OR NO IMPACT ON THE QUALITY OR SAFETY OF
BUILDINGS WITHIN THE CITY
WHEREAS, Chapter 173 Building Regulations is more than twenty years old and is in need of updating
and general housekeeping; and
WHEREAS, several provisions are outdated or are not useful in the administration of building codes and
permits and the revisions proposed by staff are an attempt to align the City's building regulations with current
building codes where possible and eliminate unnecessary requirements that have little or no impact on the
quality or safety of buildings within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 173 by changing
all instances of "Building Safety Division Director" to "building official."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (F)(3)
regarding temporary certificates of occupancy in § 173.01 General Provisions as follows:
"(3) Temporary Certificate of Occupancy. A temporary certificate of occupancy may be executed and issued
by the Building Official to allow buildings or parts of buildings to be occupied before completion of the entire
scope of work.
(a) Duration. Temporary Certificates of Occupancy are valid for a maximum of thirty (30) days. Temporary
certificates must be renewed at expiration until the final Certificate of Occupancy is issued.
City of Fayetteville, Arkansas Paye I Printed on 7/17/2019
File Number: 2019-0364
(b) Request. A written request must be submitted by the building owner or permit applicant prior to issuance of
a Temporary Certificate of Occupancy.
(c) The Building Official shall have the discretion to issue a Temporary Certificate of Occupancy based upon
the circumstances of hardship beyond the permit holder's control, the past performance of an applicant to
successfully comply with the terms of Temporary Certificate of Occupancy issuance, or an applicant's failure to
maintain a previously issued Temporary Certificate of Occupancy. In most circumstances, no new Temporary
Certificate of Occupancy will be issued to a developer or builder (regardless if the builder or developer uses
different corporate or LLC names) who has one or more overdue Temporary Certificates of Occupancy or has
otherwise not complied with previous commitments, requirements or terms of a previous Temporary Certificate
of Occupancy until the entire backlog of Temporary Certificates of Occupancy with any problems has been
remedied to the satisfaction of the Building Official."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.02(B)(1)(b) and
renumbers the remaining subsection accordingly.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.02(B)(8) and
enacts a new § 173.02(B)(8) as follows:
"Issuance of New Building Permit for Unfinished Project. No new building permits may be issued for
property for which a building permit has expired unless approved by the Building Official for good cause shown
by the applicant and adequate assurance that the project will be completed within the time frame authorized by
the Building Official."_
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals §173.03 Fire Zones and
renumbers the remaining sections accordingly.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B)(5)
Miscellaneous Provisions and (B)(6) Neon Lighting of § 173.04 Electrical Code.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends §173.05 Gas Piping
Code by changing the instances of "Arkansas State Gas Code" in subsections (A) and (B) to "Arkansas State
Fuel Gas Code."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends §173.06 Plumbing Code
by adding "if applicable" to the end of subsection (B)(1)(b)(iv) so that after the amendment it reads "Building
permit has been issued, if applicable."
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)(2) of
§173.06 Plumbing Code by changing "inspector" to "building official."
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby amends §173.08 Energy
Conservation Code by changing the instances of "sticker" in subsections (B)(2) and (B)(3) to "label."
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B)(4) of
City of Fayetteville, Arkansas Paye 2 Printed on 7117/2019
File Number: 2019-0364
§173.09 Unsafe Buildings and Property Nuisances and enacts anew subsection (B)(4) as follows:
"Unoccupied buildings or structures that are not properly secured, locked, or closed."
Section 12: That the City Council of the City of Fayetteville, Arkansas hereby replaces the reference to
§173.09 Unsafe Buildings and Property Nuisances and enacts anew subsection (B)(5) as follows:
"Unfinished. Buildings or structures under construction that have been abandoned or are inactive and for which
there are no valid permits."
City of Fayetteville, Arkansas Paye 3 Printed on 711712019
City of Fayetteville Staff Review Form
2019-0364
Legistar File ID
7/16/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
MATTHEW CABE 6/13/2019 BUILDING SAFETY (640)
Submitted By Submitted Date Division / Department
Action Recommendation:
Adoption of the revisions to UDC Chapter 173 — Building Regulations as presented.
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? NA
Current Budget
$ -
Funds Obligated
$ -
Current Balance
Does item have a cost? No
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget
$ -
V20180321
Purchase Order Number:
Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 16, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
FROM: Matthew Cabe, Building Safety Director
DATE: June 13, 2019
CITY COUNCIL MEMO
SUBJECT: Revisions to UDC Chapter 173 — Building Regulations
RECOMMENDATION:
Staff recommends adoption of the revisions to UDC Chapter 173 — Building Regulations as
presented.
BACKGROUND:
UDC Chapter 173 — Building Regulations is now over twenty years old and in need of updating
and general housekeeping.
DISCUSSION:
UDC Chapter 173 has had only minor modifications since adoption in 1998 (Ord. 4100), and
many provisions are outdated or no longer useful in the administration of building codes and
permits. The proposed revisions are an attempt to align our ordinances with current building
codes where possible and to eliminate unnecessary requirements that have little impact on the
quality of the built environment within the City.
BUDGET/STAFF IMPACT:
None anticipated
Attachments:
Chapter 173 — Building Regulations (Strikethrough)
Chapter 173 — Building Regulations (Final)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CHAPTER 173: - BUILDING REGULATIONS
173.01 - General Provisions
In addition to the specific provisions provided hereinafter, the following general provisions shall apply to
the Building Code, Electric Code, Gas Code, Mechanical Code and the Plumbing Code.
(A) Permits
(1) Fees Paid. A permit shall not be issued until the fees prescribed have been paid. Nor shall an
amendment to a permit be released until the additional fee, if any, due to an increase in the
estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems has
been paid.
(2) Expiration. Every permit issued hereunder shall expire by limitation and become null and void if
construction/installation authorized by permit is not commenced within six (6) months from the
date of such permit, or if the construction/installation authorized by such permit is abandoned
for a period of six (6) months at any time after the construction/installation is commenced.
Before such installation can begin or be recommenced, a permit extension fee shall be paid or a
new permit shall be secured for the unfinished portion of the installation as required by the
building official.
(B) Liability Insurance.
(1) The following shall be required to carry liability insurance.
(a) Every licensed master electrician applying for an electrical permit,
(b) Every licensed supervising gas filter actively engaged in gas installations,
(c) Every licensed mechanical/HVACR licensee engaged in mechanical installations.
(d) Every licensed master plumber actively engaged in plumbing installations.
(2) Liability insurance shall be carried as set out below:
• General aggregate $100,000.00
• Personal and advertising S100,000.00
• Each occurrence $100,000.00
Each certificate shall indicate name of insurance company issuing policy, name of insured,
policy number, effective and expiration date, and signature of authorized representative of
insurance company.
(C) Responsibilities of Permit Applicant.
(1) Notice to City. It shall be the duty of the permit applicant or his authorized representative to
give notice to the city Building Safety Division when an installation is ready for an inspection.
(2) Installation Ready for Inspection. It shall be the duty of the permit applicant to make sure that
the installation is ready for inspection before the inspection is requested.
(3) Provide Ready Access. It shall be the duty of the permit applicant to provide ready access to
the premises where the requested inspection is to be made.
(D) Exemptions. The assembly and erection of approved equipment by the manufacturer of such
equipment, except electrical, gas, mechanical, and plumbing connections to said equipment, shall be
exempt from permitting and inspection provisions.
(E) Uncovering Work. Any installation or part thereof which is installed, altered, or repaired and covered
before being inspected shall be uncovered for inspection as required by the Building Safety Division
Director.
(F) Certificate of Occupancy.
(1) Required. In addition to the building permit fee, buildings and parts of buildings shall not be
occupied before a certificate of occupancy is executed and issued by the Building Official.
(2) Copy upon Request. The owner of a single-family and multi -family residential dwelling will
receive a copy of the certificate of occupancy if requested.
(3) Temporary Certificate of Occupancy. A temporary certificate of occupancy may be executed
and issued by the Building Official to allow buildings or parts of buildings to be occupied before
completion of the entire scope of work.
(a) Duration. Temporary Certificates of Occupancy are valid for a maximum of thirty (30)
days. Temporary certificates must be renewed at expiration until the final Certificate of
Occupancy is issued.
(b) Request. A written request must be submitted by the building owner or permit applicant
prior to issuance of a Temporary Certificate of Occupancy.
(c) The Building Official shall have the discretion to issue a Temporary Certificate of
Occupancy based upon the circumstances of hardship beyond the permit holder's control
the past performance of an applicant to successfully comply with the terms of TCO
issuance, or an applicant's failure to maintain a previously issued TCO. In most
circumstances, no new Temporary Certificate of Occupancy will be issued to a developer
or builder (regardless if the builder or developer uses different corporate or LLC names)
who has one or more overdue TCOs or has otherwise not complied with previous
commitments, requirements or terms of a previous TCO until the entire backlog of TCOs
with any problems has been remedied to the satisfaction of the Building Official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
173.02 - Fire Prevention Code/Building Code
(A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the
provisions set forth in the Arkansas Fire Prevention Code, with state adopted appendices, as may
from time to time hereafter be amended and adopted by the State of Arkansas, save and except
such portions of said code as may be deleted, modified, or amended herein.
(B) Amendments, Additions, And deletions to the Building Code. The Building Code shall be amended
as follows:
(1) Construction Documents. Plans reviewed for code compliance with permits issued shall be
destroyed after construction is complete and as allowed by law after being copied for permanent
record and maintained by the city. Plans retained on file for one (1) through four (4) family
residential dwelling units will be destroyed when construction is complete and may not be
permanently copied.
(a) Plans. Plans submitted to be reviewed for code compliance and permitting shall note the
following:
(i) Construction type;
(ii) Occupancy classification(s);
(iii) Occupant load;
(iv) Design live loads;
(v) Design dead loads;
(vi) Occupancy and tenant separations;
(vii) Design snow load; and
(viii) Design wind load.
(�(b) Plan Review. A plan review by an independent entity may be required by a building
official for plans of unusual, special, and/or hazardous use of buildings submitted for permit
or review.
(2) Footings and Foundations. Building, structures, and parts thereof shall be designed and
constructed in accordance with strength design, load and resistance factor design, allowable
stress design, empirical design, or conventional construction methods, as permitted by the
applicable material chapters of the Arkansas Fire Prevention Code and this section.
(a) Design Requirements.
(i) The footing bottoms shall be a minimum of 24 inches below finish grade; and
(ii) The minimum width of a concrete footing for one story building with 1,400 or less
square feet shall be 18 inches. The minimum width of a concrete footing for two (2)
story buildings and buildings greater than 1,400 square feet shall be 24 inches. All
footings shall be reinforced with horizontal steel rebar; and
(iii) Minimum footing rebar size shall be two #4's in an 18 inch footing and three #4's in a
24 inch footing each tied perpendicular to the #4 rebar spaced no more than 24
inches on center, and supported 3 inches from the bottom of the footing spaced no
more than 6 foot or approved by the building official; and
(iv) The thickness of the concrete footing shall be a minimum of 12 inches with a
minimum of 3,000 PSI concrete; and
(v) Minimum concrete footing for concentrated load shall be 24 inches x 24 inches X 12
inches in depth of 3,000 PSI concrete, 24 inches to bottom below finish grade with a
rebar mat of four #4's supported 3 inches from the bottom with support as approved
by the building official; or
(vi) Designed by an Arkansas registered professional architect or engineer.
(b) Design Requirements for Buildings Located in the Hillside/Hilltop Overlay District . A
builder of a single family residence, duplex or other residential, commercial or institutional
structure not within a preliminary plat or large scale development shall have the foundation
plans designed, approved and sealed by a professional engineer or architect. Accessory
structures that do not serve as dwelling units are exempt from this foundation requirement.
(3) Concrete Floors. (Slabs on grade).
(a) Minimum Requirement. Minimum requirement for concrete slab -on -grade floors shall be
constructed in accordance with the Arkansas Fire Prevention Code, and shall be at least 8
inches above the finish grade surrounding the building; and
(b) Minimum Compressive Strength. Concrete used in the construction of floors shall have a
minimum compressive strength of 3,000 pounds per square inch; or
(c) Design. Designed by an Arkansas registered professional architect or engineer.
(4) Crawl Space. Crawl space grade shall not be lower than finish grade outside of a building
without construction of a drainage remedy approved by the Building Official.
(5) Signs. The City of Fayetteville adopted sign ordinance shall take precedence over conflicts with
the Building Code outdoor display and signs requirements.
(6) Portable Buildings. Requirements for building permits shall not apply to small one story
portable buildings with an area of 80 square feet or less; but shall be subject to other applicable
city requirements.
(7) Reroofing. Reroofing of existing residential dwelling units including detached garages and
portable buildings shall not require a permit. However, the project is not exempt from meeting all
code requirements.
{s)(8)- Issuance of New Building Permit for Unfinished Project. No new building permits may be
issued for property for which a building permit has expired unless approved by the
Board of Adjustments and Appea16-Buildinq Official for good cause shown by
the applicant and adequate assurance that the project will be completed within the time
frame authorized by the GGRStFUGtien Board of Adj616tMeRts and Appeals Building Official.
(C) Amendments, Additions, and Deletions to the Fire Prevention Code. The Fire Prevention Code shall
be amended as follows:
Sprinklers. In addition to the requirements of the Fire Prevention Code and the Building Code, any
new building or alteration, addition or change of occupancy of existing buildings which exceeds three
stories including the basement, or 50 feet or greater in height at the highest point of said building
shall be protected by a complete automatic sprinkler system designed and installed with compliance
to applicable NFIPA Standards.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 5019, 5-15-07; Ord. No. 5308, 3-
16-10)
-173 94173.03- Electrical Code
(A) Adoption by Reference. There is hereby adopted by the City Council of the City of Fayetteville,
Arkansas, by reference thereto the provisions set forth in the Arkansas Board of Electrical Examiners
Act, Arkansas Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners
governing the construction, installation and inspection of electrical wiring, electrical equipment, and
electrical installations, pursuant to the authority expressly conferred by the laws of the State of
Arkansas, and as may from time to time hereafter be amended, save and except such as may be
deleted, modified, or amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas Board of Electrical Examiners Act, Arkansas
Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners governing the
construction, installation, and inspection of electrical wiring, electrical equipment, and electrical
installations shall be amended as follows:
(1) Responsibilities of a Master Electrician. It shall be the duty of the master electrician to require
apprentice electricians to register annually with the city Building Safety Division before doing
electrical work and to inform the Building Safety Division when said apprentice is terminated.
(2) Exemptions. The following shall be exempt from these provisions:
(a) Public Utility. Any construction, installation, maintenance, repair, or renovation by a public
utility regulated by the Public Service Commission, or by a rural electric cooperative, of any
transmission or distribution lines or facilities incidental to their business and covered under
other nationally recognized safety standards.
(b) Department of Labor, Elevator Safety Division. Electrical work regulated by the Arkansas
Department of Labor, Elevator Safety Division.
(c) Minor Repair. A permit is not required for minor repair, replacement of fuses and lamps, or
connections of portable electrical equipment to permanently installed receptacles.
(3) Permits Required; Qualifications.
(a) Application. All electrical work, unless specifically exempt herein, shall require the
application and approval of an electrical permit from the city Building Safety Division prior
to beginning electrical installations in the corporate limits of the city.
(b) Issuance. The city Building Safety Division is authorized to issue electrical permits to the
following:
(i) Arkansas state licensed master electricians.
(ii) Arkansas state licensed industrial maintenance electrician for an electrical permit on
or within an industrial or manufacturing type facility.
(iii) A permit may be issued to a property owner to install electrical installations in a
single-family residence, provided the property owner does the work himself, and the
building is owned and occupied by such owner as his home. Such electrical work
must strictly comply with the requirements of this chapter.
(4) Power Company.
(a) Meter Installation. An electrical utility power company shall not install a meter before
approval is received from the Building Safety Division when there have been changes,
additions, alterations, and/or repairs to the electrical system.
(b) Faulty Electrical Wiring. An electrical utility power company shall not install a meter when
faulty electrical wiring is evident and a hazard exists.
(c) Existing Installation. Nothing herein shall be so construed as to require approval from the
Building Safety Division before a meter is installed on an existing installation unless some
change has been made and/or a hazard exists to the electrical system.
(C) Inspections and Tests.
(1) Inspections of electrical installations shall be requested and approved by the Building Safety
Division before covering as follows:
(a) Temporary construction meter;
(b) Underground;
(c) In concrete or under concrete;
(d) Rough -in;
(e) Meter; and/or,
(f) Final.
(2) Tests on electrical work shall be performed by the master electrician as required by the
building official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
17-3-05 173.04- Gas Piping Code
(A) Adoption by Reference. There is hereby adopted by the City Council by reference thereto the
provisions set forth in the Arkansas State Fuel Gas Code, Rules and Regulations of the State Board
of Health governing the construction, installation and inspection of consumer's gas piping, gas
appliances and gas equipment, duly adopted and promulgated by the Arkansas State Board of
Health, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State
of Arkansas, and as may from time to time hereafter be amended, save and except such portions of
said code as may be deleted, modified or amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas State Fuel Gas Code, Rules and
Regulations of the State Board of Health, governing the construction, installation and inspection of
consumer's gas piping and gas appliances and gas equipment shall be amended as follows:
(1) Exemptions. The following shall be exempt from these provisions
(a) Gas Company. Nothing herein shall be construed as applying to a gas company, its
agents, servants, and employees conducting its business under the franchise granted by
the city in the installation, repair, maintenance, removal or replacement of gas piping
machinery or equipment owned or operated by the gas company in the city.
(b) Gas Meter. Nothing herein shall be so construed as to require a permit and inspection
from the city Building Safety Division before a gas meter can be set unless some change
has been made in gas installation since service was disconnected.
(2) Permit Required; Qualifications.
(a) Application. A gas permit shall be applied for and obtained from the city Building Safety
Division prior to beginning gas installations in the corporate limits of the city.
(b) Issuance. The city Building Safety Division is authorized to issue gas permits to the
following:
(i) State licensed supervising gas fitter.
(ii) State licensed master plumbers.
(iii) A permit may be issued to a property owner to install gas installations in a single-
family residence, provided the property owner does the work himself, and the building
is owned and occupied by such owner as his home. Such gas installations must
strictly comply with the requirements of this chapter.
(3) Miscellaneous Provisions. All underground plastic as piping shall have a #14AWG copper or
large tracer wire with moisture resistant thermoplastic insulation installed in the same trench
with the underground plastic piping. Said tracer wire shall be continuous and secured to the
piping above ground.
(C) Inspection and Tests.
(1) Inspections of gas installations shall be made before covering, and with required tests as
follows:
(a) Underground;
(b) Rough -in; and/or
(c) Final.
(2) Tests as required by code shall remain on any addition, alteration, repair, and new piping
installations until the installation has been approved by a
building official.
(Code 1965, §15-69, 15-61, 15-76, 15-70; Ord. No. 1432, 02-15-65; Ord. No. 1741, 06-01-70; Ord. No.
2256, 07-20-76; Ord. No. 2033, 08-06-74; Ord. No. 4100, §2 (Ex. A), 6-16-98)
173.06 173.05- Plumbing Code
(A) Adoption by Reference. There is hereby adopted by the City Council by reference thereto the
provisions set forth in the Arkansas State Plumbing Code, Rules and Regulations of the State Board
of Health, governing the construction, installation and inspection of plumbing and drainage, duly
adopted and promulgated by the Arkansas State Board of Health, Little Rock, Arkansas, pursuant to
the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time
hereafter be amended, save and except such portions of said code as may be deleted, modified, or
amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas State Plumbing Code, Rules and
Regulations of the State Board of Health, governing the construction, installation, and inspection of
plumbing and drainage shall be amended as follows:
(1) Permits Required; Qualifications
(a) Application. All plumbing work, unless specifically exempt herein, shall require the
application for and approval of a plumbing permit from the city Building Safety Division,
prior to beginning plumbing installations in the corporate limits of the city, and on water and
sewer systems owned by the city outside of the city limits.
(b) Documentation. No plumbing permit shall be issued until the following has been received:
(i) Plumbing permit issued by the State Department of Health, as required.
(ii) Plans and specifications approved by the State Department of Health, as required.
(iii) State Department of Health approval of an individual sewage disposal system when
a public sewer is not available for use.
(iv) Building permit has been issued, if applicable.
(c) Minor Repairs. No permit is required for minor repairs to faucet, valves, pipes, appliances,
and the removal of stoppage.
(d) Issuance. The city Building Safety Division is authorized to issue plumbing permits to the
following:
(i) State licensed master plumbers.
(ii) A permit may be issued to a property owner to install plumbing in a single-family
residence, provided the property owner does the work himself, and the building is
owned and occupied by such owner as his home. Such plumbing work must strictly
comply with the requirements of this chapter.
(2) Failure to Permit and Inspect. Water meters shall not be allowed for installations that have not
been permitted and inspected.
(C) Inspection and Tests.
(1) Inspections of plumbing installations shall be made before covering, and with required test as
follows:
(a)
Underground;
(b)
Under slab;
(c)
Rough -in; and/or
(d)
Multi -story rough -in; and
(e)
Final.
(2) The building official shall have the right to inspect and may
require tests for existing plumbing installations when there is reason to believe that such system
is not safe for the use it is intended. When such inspection or tests indicate a faulty or unsafe
system, the system shall be made safe to the satisfaction of the iRspester building official before
the system is used.
(Code 1965, §15-1, 15-9, 15-3 15-4; Ord. No. 1433, 02-15-65; Ord. No. 1861, 04-13-72; Ord. No. 3228,
11-18-86; Ord. No. 4100, §2 (Ex. A), 6-16-98)
173 7 173.06- Mechanical Code
(A) Adoption by Reference. There is hereby adopted by the City Council by reference thereto the
provisions set forth in the Arkansas State Mechanical Code, Rules and Regulations of the State
HVACR Board, including guidelines for estimating heat loss and gain, governing the installation and
inspection of mechanical systems duly adopted and promulgated by the Arkansas State HVACR
Board, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State
of Arkansas, as may from time to time hereafter be amended, save and except such portions of said
code as may be deleted, modified, or amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas State Mechanical Code, Rules and
Regulations of the State HVACR Board, governing the installation and inspections of mechanical
systems shall be amended as follows:
(1) Application. All mechanical work, unless specifically exempt herein, shall require the
application for and approval of a mechanical permit from the city Building Safety Division, prior
to beginning mechanical installations in the corporate limits of the city.
(2) Minor Repairs. No permit is required for minor repairs such as recharging of units, filter
changes, and replacement of parts within the units.
(3) Issuance. The city Building Safety Division is authorized to issue permits to the following:
(a) State licensee;
(b) A permit may be issued to a property owner for mechanical installations in a single-family
residence, provided the property owner does the work himself, and the building is owned
and occupied by such owner as his/her home. Such mechanical work must strictly comply
with the requirements of this chapter.
(C) Inspection and Tests.
(1) Underslab/underground;
(2) Rough -in; and/or
(3) Final.
(D) Right to Inspect. The buildinq official shall have the right to inspect
and may require tests for existing mechanical installations when there is reason to believe that such
system is not safe for the use intended. When such inspections or tests indicate a faulty or unsafe
system, the system shall be made safe before the system is used.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
17388 173.07- Energy Conservation Code
(A) Commercial and High -Rise Residential --The 2011 Arkansas Energy Code as promulgated by the
Arkansas Energy Office is adopted as required by A.C.A. §15-10-205 (b)(3) as applicable to all new
building construction for commercial and high-rise residential structures.
(B) Residential. The 2009 International Energy Conservation Code (IECC) is hereby adopted by
reference for all new residential structures with the exception of §107 Fees and §109 Board of
Appeals.
(1) New Residential Construction. The 2009 IECC is hereby amended by adding a provision
requiring a Home Energy Rating System (HERS) Index rating for new residential construction.
The City of Fayetteville requires that all new residential construction have a Home Energy
Rating System (HERS) Index rating completed by an independent RESNET certified home
energy rater, or equivalent, prior to the issuance of a Certificate of Occupancy. Residential
developments that utilize the exact same floor plan multiple times are required to have a HERS
Index rating completed on a minimum of 20% of the residential units.
(2) Sticker Label. A sticker label provided by the city shall be posted in a very visible location near
the front entrance to the residential structure indicating the estimated monthly utility cost as
derived from the HERS Index rating until the structure is sold, or for at least ninety (90) days,
whichever is less.
(3) Additions, Alteration and Renovations. All additions, alterations and renovations to existing
residential structures shall comply with the standards of the 2009 IECC, but shall not be
required to provide a HERS Index rating or post a sticker label. Where it is shown to be
impractical to meet the 2009 IECC, the Building Official may permit additions to comply with the
Arkansas Energy Code, its Rules and Regulations as adopted and promulgated by the
Arkansas Energy Office, and as from time to time hereafter may be amended.
(4) Repairs. All repairs to existing residential structures and mechanical systems need only be
constructed to at least the same energy conservation standard as the damaged structure or
mechanical system which needed repair unless a higher standard is required by the Arkansas
Energy Code.
(5) Fees. §107 Fees of the IECC is removed to reflect that only the City Council can set required
fees and any refund policy, the "code official" cannot set fees nor a refund policy. All fees shall
be as prescribed in the Unified Development Code.
(6) Appeals.
(a) §109 Board of Appeals shall be removed from the IECC and have no force or
application. Appeals of the Building Official's interpretation of this International Energy
Conservation Code shall be heard by the existing Board of Construction Appeals and no
new Board of Appeals for interpreting the International Energy Conservation Code shall be
created by this Code.
(b) The Board of Construction Appeals shall hear any appeals from the 2011 Arkansas
Energy Code interpretations by the Building Official as called for in Section 108 of that
Code.
(Ord. No. 5157, 8-5-08; Ord. No. 5512, 7-17-12; Ord. No. 5563, 01-15-13)
173.09 173.08- Unsafe Buildings And Property Nuisances
(A) No person or persons, partnership, corporation or association, hereinafter referred to as "owner",
shall keep or maintain any house or building within the corporate limits of the city which has become
dilapidated, unsafe, unsanitary, or detrimental to the public welfare.
(B) Property Nuisances. It is unlawful for any person having charge or possession of any property to
maintain it in such a manner that it is determined by the City, after a due process hearing, that a
property nuisance exists upon such property. A property nuisance shall exist whenever any of the
following findings are made by the City Council after a public, due process hearing:
(1) The condition of the property endangers the life, health, property, safety, or welfare of the
public or occupants of the property.
(2) The condition of the property is so dilapidated as to cause a diminution of the enjoyment, use
or property values of neighboring properties.
(3) The condition of the property is detrimental to the public health, safety and general welfare.
(4) Unoccupied � buildings or structures that are -not properly secured, locked, or closed.
(5) Unfinished. Buildings or structures
— under construction that have been abandoned or inactive and for which there are no
valid permits.
(6) Inadequate Sanitation, Light or Ventilation. Occupied buildings or structures which lack hot and
cold running water to plumbing fixtures or lack the minimum amounts of natural light and
ventilation as required by this Code.
(7) Structural Hazards. Buildings or structures which have such defective, deteriorated or
inadequate foundations; flooring and/or floor support; wall, partition, or other vertical support;
ceiling, roof, or other horizontal support; fireplace or chimney as to result in unsafe conditions.
(8) Inadequate or Hazardous Wiring. All wiring except that which conformed with all applicable
laws in effect at the time of installation and which has been maintained in good condition and is
being used in a safe manner.
(9) Inadequate or Faulty Plumbing. All plumbing except that which conformed with all applicable
laws in effect at the time of installation and which has been maintained in good condition and
which is free of cross connections.
(10) Inadequate Means of Egress. All means of egress and related components except that which
conformed with all applicable laws in effect at the time of installation and which has been
maintained in good condition.
(11) Inadequate Fire Suppression and Alarm systems. All fire suppression and alarm systems
except that which conformed with all applicable laws in effect at the time of installation and
which has been maintained in good condition.
(12) Dilapidated Exterior. Dilapidated roof coverings; dilapidated or unfinished exterior wall
coverings; broken or missing doors and/or windows.
(C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien
Authorized.
(1) City Prosecution Authorized. The rules and procedures of the Code Compliance Program for
abatement of Unsafe Buildings and Property Nuisances should be followed. If the results of
such efforts are unsatisfactory, the Code Compliance Division Director may forward the matter
for prosecution to the City Prosecutor and/or to the City Council for consideration of a raze and
removal resolution.
(2) City Council Determination Whether Property Nuisance Exists. Upon referral from the Code
Compliance Division, the City Council shall hold a public hearing to determine whether or not
the subject building is a property nuisance for any of the reasons specified in §173-99 (B)
§173.08 (B) or otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare.
(3) Raze and Removal Order. Upon the City Council's determination that the subject building is so
unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to
protect the public health, safety, or welfare, the City Council shall by resolution order the owner
of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance
building within not less than thirty (30) days.
(4) Lien on the Property. If the owner fails to comply with the Resolution to completely abate this
nuisance or to raze and remove the unsafe or nuisance building within the allowed period of
time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building.
If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council
shall hold a public hearing to determine the fair and true costs to the city for this raze and
removal and shall place a lien in that amount upon the subject property to be enforced pursuant
to the lien enforcement procedures of §95.03 of the Fayetteville Code.
(Code 1991, §151.51, 151.52(A)(1)(2); Ord. No. 3948, 02-20-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4679, 2-15-05; Ord. No. 5019, 5-15-07)
173.10 173.09- Homebuilders Licensing
Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions
set forth in A.C.A. §17-25-501 et seq., save and except such portions of said code as may be deleted,
modified. or amended herein.
(Code, 1991, §151.31.5)
4:73 11 173.10- Standard Housing Code
(A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the
provisions set forth in the Standard Housing Code, 1997 Edition, save and except such portions of
said code as may be deleted, modified, or amended herein.
(B) Amendments, additions, and deletions to the Standard Housing Code, 1997 Edition. The Standard
Housing Code, 1997 Edition, shall be amended as follows:
(1) The Construction Board of Adjustments and Appeals shall perform those duties of the Housing
Board of Adjustments and Appeals as set forth in Section 106, Standard Housing Code, 1997
Edition.
(2) The Housing Official shall be known as the Chief Building Official.
(3) Section 108, Standard Housing Code. 1997 Edition, is hereby deleted.
(Code 1965, 6-34; Ord. No. 1558, 08-21-67; Ord. No. 2885, 01-04-83; Ord. No. 2299,
12-21-76; Ord. No. 2709, 03-24-81; Code 1991, §151.20, §151.22; Ord. No. 4100, § 2
(Ex. A), 6-16-98; Ord. No. 4124, §2, 11-17-98)
173.12 - Reserved
Editor's note— Ord. No. 6148, §1, adopted Feb. 5, 2019, removed §173.12, and
enacted a new Ch. 51, Art. VI, §51.170 pertaining to similar subject matter. The former
§173.12 pertained to standard specifications for water and sewer lines and derived from
Ord. No. 6003, §1, adopted Oct. 17, 2017.
173.13-173.99 - Reserved
CHAPTER 173: - BUILDING REGULATIONS
173.01 - General Provisions
In addition to the specific provisions provided hereinafter, the following general provisions shall apply to
the Building Code, Electric Code, Gas Code, Mechanical Code and the Plumbing Code.
(A) Permits.
(1) Fees Paid. A permit shall not be issued until the fees prescribed have been paid. Nor shall an
amendment to a permit be released until the additional fee, if any, due to an increase in the
estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems has
been paid.
(2) Expiration. Every permit issued hereunder shall expire by limitation and become null and void if
construction/installation authorized by permit is not commenced within six (6) months from the
date of such permit, or if the construction/installation authorized by such permit is abandoned
for a period of six (6) months at any time after the construction/installation is commenced.
Before such installation can begin or be recommenced, a permit extension fee shall be paid or a
new permit shall be secured for the unfinished portion of the installation as required by the
building official.
(B) Liability Insurance.
(1) The following shall be required to carry liability insurance.
(a) Every licensed master electrician applying for an electrical permit,
(b) Every licensed supervising gas filter actively engaged in gas installations,
(c) Every licensed mechanical/HVACR licensee engaged in mechanical installations.
(d) Every licensed master plumber actively engaged in plumbing installations.
(2) Liability insurance shall be carried as set out below:
• General aggregate $100,000.00
• Personal and advertising $100,000.00
• Each occurrence $100,000.00
Each certificate shall indicate name of insurance company issuing policy, name of insured,
policy number, effective and expiration date, and signature of authorized representative of
insurance company.
(C) Responsibilities of Permit Applicant.
(1) Notice to City. It shall be the duty of the permit applicant or his authorized representative to
give notice to the city Building Safety Division when an installation is ready for an inspection.
(2) Installation Ready for Inspection. It shall be the duty of the permit applicant to make sure that
the installation is ready for inspection before the inspection is requested.
(3) Provide Ready Access. It shall be the duty of the permit applicant to provide ready access to
the premises where the requested inspection is to be made.
(D) Exemptions. The assembly and erection of approved equipment by the manufacturer of such
equipment, except electrical, gas, mechanical, and plumbing connections to said equipment, shall be
exempt from permitting and inspection provisions.
(E) Uncovering Work. Any installation or part thereof which is installed, altered, or repaired and covered
before being inspected shall be uncovered for inspection as required by the Building Safety Division
Director.
(F) Certificate of Occupancy.
(1) Required. In addition to the building permit fee, buildings and parts of buildings shall not be
occupied before a certificate of occupancy is executed and issued by the Building Official.
(2) Copy upon Request. The owner of a single-family and multi -family residential dwelling will
receive a copy of the certificate of occupancy if requested.
(3) Temporary Certificate of Occupancy. A temporary certificate of occupancy may be executed
and issued by the Building Official to allow buildings or parts of buildings to be occupied before
completion of the entire scope of work.
(a) Duration. Temporary Certificates of Occupancy are valid for a maximum of thirty (30)
days. Temporary certificates must be renewed at expiration until the final Certificate of
Occupancy is issued.
(b) Request. A written request must be submitted by the building owner or permit applicant
prior to issuance of a Temporary Certificate of Occupancy.
(c) The Building Official shall have the discretion to issue a Temporary Certificate of
Occupancy based upon the circumstances of hardship beyond the permit holder's control,
the past performance of an applicant to successfully comply with the terms of TCO
issuance, or an applicant's failure to maintain a previously issued TCO. In most
circumstances, no new Temporary Certificate of Occupancy will be issued to a developer
or builder (regardless if the builder or developer uses different corporate or LLC names)
who has one or more overdue TCOs or has otherwise not complied with previous
commitments, requirements or terms of a previous TCO until the entire backlog of TCOs
with any problems has been remedied to the satisfaction of the Building Official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
173.02 - Fire Prevention Code/Building Code
(A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the
provisions set forth in the Arkansas Fire Prevention Code, with state adopted appendices, as may
from time to time hereafter be amended and adopted by the State of Arkansas, save and except
such portions of said code as may be deleted, modified, or amended herein.
(B) Amendments, Additions, And deletions to the Building Code. The Building Code shall be amended
as follows:
(1) Construction Documents. Plans reviewed for code compliance with permits issued shall be
destroyed after construction is complete and as allowed by law after being copied for permanent
record and maintained by the city. Plans retained on file for one (1) through four (4) family
residential dwelling units will be destroyed when construction is complete and may not be
permanently copied.
(a) Plans. Plans submitted to be reviewed for code compliance and permitting shall note the
following:
(i) Construction type;
(ii) Occupancy classification (s)
(iii) Occupant load;
(iv) Design live loads;
(v) Design dead loads;
(vi) Occupancy and tenant separations;
(vii) Design snow load; and
(viii) Design wind load.
(b) Plan Review. A plan review by an independent entity may be required by a building official
for plans of unusual, special, and/or hazardous use of buildings submitted for permit or
review.
(2) Footings and Foundations. Building, structures, and parts thereof shall be designed and
constructed in accordance with strength design, load and resistance factor design, allowable
stress design, empirical design, or conventional construction methods, as permitted by the
applicable material chapters of the Arkansas Fire Prevention Code and this section.
(a) Design Requirements.
(i) The footing bottoms shall be a minimum of 24 inches below finish grade; and
(ii) The minimum width of a concrete footing for one story building with 1,400 or less
square feet shall be 18 inches. The minimum width of a concrete footing for two (2)
story buildings and buildings greater than 1,400 square feet shall be 24 inches. All
footings shall be reinforced with horizontal steel rebar; and
(iii) Minimum footing rebar size shall be two #4's in an 18 inch footing and three #4's in a
24 inch footing each tied perpendicular to the #4 rebar spaced no more than 24
inches on center, and supported 3 inches from the bottom of the footing spaced no
more than 6 foot or approved by the building official; and
(iv) The thickness of the concrete footing shall be a minimum of 12 inches with a
minimum of 3,000 PSI concrete; and
(v) Minimum concrete footing for concentrated load shall be 24 inches x 24 inches x 12
inches in depth of 3,000 PSI concrete, 24 inches to bottom below finish grade with a
rebar mat of four #4's supported 3 inches from the bottom with support as approved
by the building official; or
(vi) Designed by an Arkansas registered professional architect or engineer.
(b) Design Requirements for Buildings Located in the Hillside/Hilltop Overlay District . A builder of a
single family residence, duplex or other residential, commercial or institutional structure not within a
preliminary plat or large scale development shall have the foundation plans designed, approved and
sealed by a professional engineer or architect. Accessory structures that do not serve as dwelling units
are exempt from this foundation requirement.(3) Concrete Floors. (Slabs on grade).
(a) Minimum Requirement. Minimum requirement for concrete slab -on -grade floors shall be
constructed in accordance with the Arkansas Fire Prevention Code, and shall be at least 8
inches above the finish grade surrounding the building; and
(b) Minimum Compressive Strength. Concrete used in the construction of floors shall have a
minimum compressive strength of 3,000 pounds per square inch, or
(c) Design. Designed by an Arkansas registered professional architect or engineer.
(4) Crawl Space. Crawl space grade shall not be lower than finish grade outside of a building
without construction of a drainage remedy approved by the Building Official.
(5) Signs. The City of Fayetteville adopted sign ordinance shall take precedence over conflicts with
the Building Code outdoor display and signs requirements.
(6) Portable Buildings. Requirements for building permits shall not apply to small one story
portable buildings with an area of 80 square feet or less but shall be subject to other applicable
city requirements.
(7) Reroofing. Reroofing of existing residential dwelling units including detached garages and
portable buildings shall not require a permit. However, the project is not exempt from meeting all
code requirements.
(8) Issuance of New Building Permit for Unfinished Project. No new building permits may be issued
for property for which a building permit has expired unless approved by the Building Official
for good cause shown by the applicant and adequate assurance that the project will be
completed within the time frame authorized by the Building Official.
(C) Amendments, Additions, and Deletions to the Fire Prevention Code. The Fire Prevention Code shall
be amended as follows:
Sprinklers. In addition to the requirements of the Fire Prevention Code and the Building Code, any
new building or alteration, addition or change of occupancy of existing buildings which exceeds three
stories including the basement, or 50 feet or greater in height at the highest point of said building
shall be protected by a complete automatic sprinkler system designed and installed with compliance
to applicable NF1PA Standards.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 5019, 5-15-07; Ord. No. 5308, 3-
16-10)
173.03- Electrical Code
(A) Adoption by Reference. There is hereby adopted by the City Council of the City of Fayetteville,
Arkansas, by reference thereto the provisions set forth in the Arkansas Board of Electrical Examiners
Act, Arkansas Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners
governing the construction, installation and inspection of electrical wiring, electrical equipment, and
electrical installations, pursuant to the authority expressly conferred by the laws of the State of
Arkansas, and as may from time to time hereafter be amended, save and except such as may be
deleted, modified, or amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas Board of Electrical Examiners Act, Arkansas
Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners governing the
construction, installation, and inspection of electrical wiring, electrical equipment, and electrical
installations shall be amended as follows:
(1) Responsibilities of a Master Electrician. It shall be the duty of the master electrician to require
apprentice electricians to register annually with the city Building Safety Division before doing
electrical work and to inform the Building Safety Division when said apprentice is terminated.
(2) Exemptions. The following shall be exempt from these provisions
(a) Public Utility. Any construction, installation, maintenance, repair, or renovation by a public
utility regulated by the Public Service Commission, or by a rural electric cooperative, of any
transmission or distribution lines or facilities incidental to their business and covered under
other nationally recognized safety standards.
(b) Department of Labor, Elevator Safety Division. Electrical work regulated by the Arkansas
Department of Labor, Elevator Safety Division.
(c) Minor Repair. A permit is not required for minor repair, replacement of fuses and lamps, or
connections of portable electrical equipment to permanently installed receptacles.
(3) Permits Required; Qualifications.
(a) Application. All electrical work, unless specifically exempt herein, shall require the
application and approval of an electrical permit from the city Building Safety Division prior
to beginning electrical installations in the corporate limits of the city.
(b) Issuance. The city Building Safety Division is authorized to issue electrical permits to the
following:
(i) Arkansas state licensed master electricians.
(ii) Arkansas state licensed industrial maintenance electrician for an electrical permit on
or within an industrial or manufacturing type facility.
(iii) A permit may be issued to a property owner to install electrical installations in a
single-family residence, provided the property owner does the work himself, and the
building is owned and occupied by such owner as his home. Such electrical work
must strictly comply with the requirements of this chapter.
(4) Power Company.
(a) Meter Installation. An electrical utility power company shall not install a meter before
approval is received from the Building Safety Division when there have been changes,
additions, alterations, and/or repairs to the electrical system.
(b) Faulty Electrical Wiring. An electrical utility power company shall not install a meter when
faulty electrical wiring is evident and a hazard exists.
(c) Existing Installation. Nothing herein shall be so construed as to require approval from the
Building Safety Division before a meter is installed on an existing installation unless some
change has been made and/or a hazard exists to the electrical system.
(C) Inspections and Tests.
(1) Inspections of electrical installations shall be requested and approved by the Building Safety
Division before covering as follows:
(a) Temporary construction meter;
(b) Underground;
(c) In concrete or under concrete;
(d) Rough -in;
(e) Meter; and/or,
(f) Final.
(2) Tests on electrical work shall be performed by the master electrician as required by the building
official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
173.04- Gas Piping Code
(A) Adoption by Reference. There is hereby adopted by the City Council by reference thereto the
provisions set forth in the Arkansas State Fuel Gas Code, Rules and Regulations of the State Board
of Health governing the construction, installation and inspection of consumer's gas piping, gas
appliances and gas equipment, duly adopted and promulgated by the Arkansas State Board of
Health, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State
of Arkansas, and as may from time to time hereafter be amended, save and except such portions of
said code as may be deleted, modified or amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas State Fuel Gas Code, Rules and
Regulations of the State Board of Health, governing the construction, installation and inspection of
consumer's gas piping and gas appliances and gas equipment shall be amended as follows:
(1) Exemptions. The following shall be exempt from these provisions:
(a) Gas Company. Nothing herein shall be construed as applying to a gas company, its
agents, servants, and employees conducting its business under the franchise granted by
the city in the installation, repair, maintenance, removal or replacement of gas piping
machinery or equipment owned or operated by the gas company in the city.
(b) Gas Meter. Nothing herein shall be so construed as to require a permit and inspection
from the city Building Safety Division before a gas meter can be set unless some change
has been made in gas installation since service was disconnected.
(2) Permit Required; Qualifications.
(a) Application. A gas permit shall be applied for and obtained from the city Building Safety
Division prior to beginning gas installations in the corporate limits of the city.
(b) Issuance. The city Building Safety Division is authorized to issue gas permits to the
following:
(i) State licensed supervising gas fitter.
(ii) State licensed master plumbers.
(iii) A permit may be issued to a property owner to install gas installations in a single-
family residence, provided the property owner does the work himself, and the building
is owned and occupied by such owner as his home. Such gas installations must
strictly comply with the requirements of this chapter.
(3) Miscellaneous Provisions. All underground plastic as piping shall have a #14AWG copper or
large tracer wire with moisture resistant thermoplastic insulation installed in the same trench
with the underground plastic piping. Said tracer wire shall be continuous and secured to the
piping above ground.
(C) Inspection and Tests.
(1) Inspections of gas installations shall be made before covering, and with required tests as
follows:
(a) Underground;
(b) Rough -in; and/or
(c) Final.
(2) Tests as required by code shall remain on any addition, alteration, repair, and new piping
installations until the installation has been approved by a building official.
(Code 1965, §15-69, 15-61, 15-76, 15-70; Ord. No. 1432, 02-15-65; Ord. No. 1741, 06-01-70; Ord. No.
2256, 07-20-76; Ord. No. 2033, 08-06-74; Ord. No. 4100, §2 (Ex. A), 6-16-98)
173.05- Plumbing Code
(A) Adoption by Reference. There is hereby adopted by the City Council by reference thereto the
provisions set forth in the Arkansas State Plumbing Code, Rules and Regulations of the State Board
of Health, governing the construction, installation and inspection of plumbing and drainage, duly
adopted and promulgated by the Arkansas State Board of Health, Little Rock, Arkansas, pursuant to
the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time
hereafter be amended, save and except such portions of said code as may be deleted, modified, or
amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas State Plumbing Code, Rules and
Regulations of the State Board of Health, governing the construction, installation, and inspection of
plumbing and drainage shall be amended as follows:
(1) Permits Required; Qualifications.
(a) Application. All plumbing work, unless specifically exempt herein, shall require the
application for and approval of a plumbing permit from the city Building Safety Division,
prior to beginning plumbing installations in the corporate limits of the city, and on water and
sewer systems owned by the city outside of the city limits.
(b) Documentation. No plumbing permit shall be issued until the following has been received:
(i) Plumbing permit issued by the State Department of Health, as required.
(ii) Plans and specifications approved by the State Department of Health, as required.
(iii) State Department of Health approval of an individual sewage disposal system when
a public sewer is not available for use.
(iv) Building permit has been issued, if applicable.
(c) Minor Repairs. No permit is required for minor repairs to faucet, valves, pipes, appliances,
and the removal of stoppage.
(d) Issuance. The city Building Safety Division is authorized to issue plumbing permits to the
following:
(i) State licensed master plumbers.
(ii) A permit may be issued to a property owner to install plumbing in a single-family
residence, provided the property owner does the work himself, and the building is
owned and occupied by such owner as his home. Such plumbing work must strictly
comply with the requirements of this chapter.
(2) Failure to Permit and Inspect. Water meters shall not be allowed for installations that have not
been permitted and inspected.
(C) Inspection and Tests.
(1) Inspections of plumbing installations shall be made before covering, and with required test as
follows:
(a)
Underground;
(b)
Under slab;
(c)
Rough -in; and/or
(d)
Multi -story rough -in; and
(e)
Final.
(2) The building official shall have the right to inspect and may require tests for existing plumbing
installations when there is reason to believe that such system is not safe for the use it is
intended. When such inspection or tests indicate a faulty or unsafe system, the system shall be
made safe to the satisfaction of the building official before the system is used.
(Code 1965, §15-1, 15-9, 15-3 15-4; Ord. No. 1433, 02-15-65; Ord. No. 1861, 04-13-72; Ord. No. 3228,
11-18-86; Ord. No. 4100, §2 (Ex. A), 6-16-98)
173.06- Mechanical Code
(A) Adoption by Reference. There is hereby adopted by the City Council by reference thereto the
provisions set forth in the Arkansas State Mechanical Code, Rules and Regulations of the State
HVACR Board, including guidelines for estimating heat loss and gain, governing the installation and
inspection of mechanical systems duly adopted and promulgated by the Arkansas State HVACR
Board, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State
of Arkansas, as may from time to time hereafter be amended, save and except such portions of said
code as may be deleted, modified, or amended herein.
(B) Amendments, Additions, and Deletions. The Arkansas State Mechanical Code, Rules and
Regulations of the State HVACR Board, governing the installation and inspections of mechanical
systems shall be amended as follows:
(1) Application. All mechanical work, unless specifically exempt herein, shall require the
application for and approval of a mechanical permit from the city Building Safety Division, prior
to beginning mechanical installations in the corporate limits of the city.
(2) Minor Repairs. No permit is required for minor repairs such as recharging of units, filter
changes, and replacement of parts within the units.
(3) Issuance. The city Building Safety Division is authorized to issue permits to the following:
(a) State licensee;
(b) A permit may be issued to a property owner for mechanical installations in a single-family
residence, provided the property owner does the work himself, and the building is owned
and occupied by such owner as his/her home. Such mechanical work must strictly comply
with the requirements of this chapter.
(C) Inspection and Tests.
(1) Underslab/underground;
(2) Rough -in; and/or
(3) Final.
(D) Right to Inspect. The building official shall have the right to inspect and may require tests for
existing mechanical installations when there is reason to believe that such system is not safe for the
use intended. When such inspections or tests indicate a faulty or unsafe system, the system shall be
made safe before the system is used.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
173.07- Energy Conservation Code
(A) Commercial and High -Rise Residential. The 2011 Arkansas Energy Code as promulgated by the
Arkansas Energy Office is adopted as required by A.C.A. §15-10-205 (b)(3) as applicable to all new
building construction for commercial and high-rise residential structures.
(B) Residential. The 2009 International Energy Conservation Code (IECC) is hereby adopted by
reference for all new residential structures with the exception of §107 Fees and §109 Board of
Appeals.
(1) New Residential Construction. The 2009 IECC is hereby amended by adding a provision
requiring a Home Energy Rating System (HERS) Index rating for new residential construction.
The City of Fayetteville requires that all new residential construction have a Home Energy
Rating System (HERS) Index rating completed by an independent RESNET certified home
energy rater, or equivalent, prior to the issuance of a Certificate of Occupancy. Residential
developments that utilize the exact same floor plan multiple times are required to have a HERS
Index rating completed on a minimum of 20% of the residential units.
(2) Label. A label provided by the city shall be posted in a very visible location near the front
entrance to the residential structure indicating the estimated monthly utility cost as derived from
the HERS Index rating until the structure is sold, or for at least ninety (90) days, whichever is
less.
(3) Additions, Alteration and Renovations. All additions, alterations and renovations to existing
residential structures shall comply with the standards of the 2009 IECC, but shall not be
required to provide a HERS Index rating or post a label. Where it is shown to be impractical to
meet the 2009 IECC, the Building Official may permit additions to comply with the Arkansas
Energy Code, its Rules and Regulations as adopted and promulgated by the Arkansas Energy
Office, and as from time to time hereafter may be amended.
(4) Repairs. All repairs to existing residential structures and mechanical systems need only be
constructed to at least the same energy conservation standard as the damaged structure or
mechanical system which needed repair unless a higher standard is required by the Arkansas
Energy Code.
(5) Fees. §107 Fees of the IECC is removed to reflect that only the City Council can set required
fees and any refund policy, the "code official" cannot set fees nor a refund policy. All fees shall
be as prescribed in the Unified Development Code.
(6) Appeals.
(a) §109 Board of Appeals shall be removed from the IECC and have no force or
application. Appeals of the Building Official's interpretation of this International Energy
Conservation Code shall be heard by the existing Board of Construction Appeals and no
new Board of Appeals for interpreting the International Energy Conservation Code shall be
created by this Code.
(b) The Board of Construction Appeals shall hear any appeals from the 2011 Arkansas
Energy Code interpretations by the Building Official as called for in Section 108 of that
Code.
(Ord. No. 5157, 8-5-08; Ord. No. 5512, 7-17-12; Ord. No. 5563, 01-15-13)
173.08- Unsafe Buildings And Property Nuisances
(A) No person or persons, partnership, corporation or association, hereinafter referred to as "owner",
shall keep or maintain any house or building within the corporate limits of the city which has become
dilapidated, unsafe, unsanitary, or detrimental to the public welfare.
(B) Property Nuisances. It is unlawful for any person having charge or possession of any property to
maintain it in such a manner that it is determined by the City, after a due process hearing, that a
property nuisance exists upon such property. A property nuisance shall exist whenever any of the
following findings are made by the City Council after a public, due process hearing:
(1) The condition of the property endangers the life, health, property, safety, or welfare of the
public or occupants of the property.
(2) The condition of the property is so dilapidated as to cause a diminution of the enjoyment, use
or property values of neighboring properties.
(3) The condition of the property is detrimental to the public health, safety and general welfare.
(4) Unoccupied buildings or structures that are not properly secured, locked, or closed.
(5) Unfinished. Buildings or structures under construction that have been abandoned or inactive
and for which there are no valid permits.
(6) Inadequate Sanitation, Light or Ventilation. Occupied buildings or structures which lack hot and
cold running water to plumbing fixtures or lack the minimum amounts of natural light and
ventilation as required by this Code.
(7) Structural Hazards. Buildings or structures which have such defective, deteriorated or
inadequate foundations; flooring and/or floor support; wall, partition, or other vertical support;
ceiling, roof, or other horizontal support; fireplace or chimney as to result in unsafe conditions.
(8) Inadequate or Hazardous Wiring. All wiring except that which conformed with all applicable
laws in effect at the time of installation and which has been maintained in good condition and is
being used in a safe manner.
(9) Inadequate or Faulty Plumbing. All plumbing except that which conformed with all applicable
laws in effect at the time of installation and which has been maintained in good condition and
which is free of cross connections.
(10) Inadequate Means of Egress. All means of egress and related components except that which
conformed with all applicable laws in effect at the time of installation and which has been
maintained in good condition.
(11) Inadequate Fire Suppression and Alarm systems. All fire suppression and alarm systems
except that which conformed with all applicable laws in effect at the time of installation and
which has been maintained in good condition.
(12) Dilapidated Exterior. Dilapidated roof coverings; dilapidated or unfinished exterior wall
coverings; broken or missing doors and/or windows.
(C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien
Authorized.
(1) City Prosecution Authorized. The rules and procedures of the Code Compliance Program for
abatement of Unsafe Buildings and Property Nuisances should be followed. If the results of
such efforts are unsatisfactory, the Code Compliance Division Director may forward the matter
for prosecution to the City Prosecutor and/or to the City Council for consideration of a raze and
removal resolution.
(2) City Council Determination Whether Property Nuisance Exists. Upon referral from the Code
Compliance Division, the City Council shall hold a public hearing to determine whether or not
the subject building is a property nuisance for any of the reasons specified in §173.08 (B) or
otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare.
(3) Raze and Removal Order. Upon the City Council's determination that the subject building is so
unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to
protect the public health, safety, or welfare, the City Council shall by resolution order the owner
of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance
building within not less than thirty (30) days.
(4) Lien on the Property. If the owner fails to comply with the Resolution to completely abate this
nuisance or to raze and remove the unsafe or nuisance building within the allowed period of
time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building.
If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council
shall hold a public hearing to determine the fair and true costs to the city for this raze and
removal and shall place a lien in that amount upon the subject property to be enforced pursuant
to the lien enforcement procedures of §95.03 of the Fayetteville Code.
(Code 1991, §151.51, 151.52(A)(1)(2); Ord. No. 3948, 02-20-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4679, 2-15-05; Ord. No. 5019, 5-15-07)
173.09- Homebuilders Licensing
Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions
set forth in A.C.A. §17-25-501 et seq., save and except such portions of said code as may be deleted,
modified, or amended herein.
(Code, 1991, §151.31.5)
173.10- Standard Housing Code
(A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the
provisions set forth in the Standard Housing Code, 1997 Edition, save and except such portions of
said code as may be deleted, modified, or amended herein.
(B) Amendments, additions, and deletions to the Standard Housing Code, 1997 Edition. The Standard
Housing Code, 1997 Edition, shall be amended as follows:
(1) The Construction Board of Adjustments and Appeals shall perform those duties of the Housing
Board of Adjustments and Appeals as set forth in Section 106, Standard Housing Code, 1997
Edition.
(2) The Housing Official shall be known as the Chief Building Official.
(3) Section 108, Standard Housing Code. 1997 Edition, is hereby deleted.
(Code 1965, 6-34, Ord. No. 1558, 08-21-67; Ord. No. 2885, 01-04-83; Ord. No. 2299,
12-21-76; Ord. No. 2709 03-24-81, Code 1991, §151.207 §151.22, Ord. No. 4100, § 2
(Ex. A), 6-16-98, Ord. No. 4124, §2, 11-17-98)
173.12 - Reserved
Editor's note— Ord. No. 6148, §1, adopted Feb. 5, 2019, removed §173.12, and
enacted a new Ch. 51, Art. VI, §51.170 pertaining to similar subject matter. The former
§173.12 pertained to standard specifications for water and sewer lines and derived from
Ord. No. 6003, §1, adopted Oct. 17, 2017.
173.13-173.99 - Reserved
RECEIVED
NORTHWEST ARKANSAS AUG 012019
Democrat - ( azett CIiY FAYETTEVILLE:` Q �F.''l i Y i7trERKS OFFICE
the City of Fayetteville,Arkansas
hereby amends§173.06 Plumbing
Code by adding"if applicable"to the
end of subsection(B)(I xbxiv)so
that after the amendment it reads
"Building permit has been issued,if
AFFIDAVIT OF PUBLICATION
applicable."
Section 9:That the City Council of
I Carla Gardner, do solemnly swear that I am the Finance Director of the Northwest the City of Fayetteville,Arkansas
Arkansas Democrat- Gazette, printed and published in Washington and Benton hereby amends (CX2)of
§173.06 Plumbing Code by changing
County, Arkansas, and of bona fide circulation, that from my own personal knowledge "inspector"to"building official."
Sectioof
and reference to the files of said publication, the advertisement of: theCt of10FayThattheCi,Arkay nas
City of Fayetteville,Arkansas
hereby amends§173.08 Energy
Ordinance:6206 Temporary Certificate of Conservation Code by changing the
File Number: 2019-0364 Occupancy based upon the instances of"sticker"in subsections
CITY OF FAYETTEV ILLE AMEND CHAPTER 173 BUILDING circumstances of hardship beyond (BX2)and(BX3)to"label."
the permit holder's control,the past Section I I:That the City Council of
Ord. 6206 REGULATIONS:AN ORDINANCE TO AMEND performance of an applicant to the City of Fayetteville,Arkansas
CHAPTER 173 BUILDING successfully comply with the terms hereby repeals subsection(B)(4)of
REGULATIONS OF THE of Temporary Certificate of §173.09 Unsafe Buildings and
REGULATIONS
UNIFIED Occupancy issuance,or an Property Nuisances and enacts a new
FAYETDEVELOPMENT CODE TO ALIGN applicant's failure to maintain a subsection(BX4)as follows:
Was inserted in the Regular Edition on: THE CITY'S BUILDING previously issued Temporary "Unoccupied buildings or structures
Jul25 2019 REGULATIONS WITH CURRENT Certificate of Occupancy.In most that are not properly secured,locked,
y ' BUILDING CODES AND circumstances,no new Temporary or closed."
ELIMINATE UNNECESSARY Certificate of Occupancy will be Section 12:That the City Council of
REQUIREMENTS THAT HAVE issued to a developer or builder the City of Fayetteville,Arkansas
Publication Charges $ 321.10 LITTLE OR NO IMPACT ON THE (regardless if the builder or hereby replaces the reference to
QUALITY OR SAFETY OF developer uses different corporate §173.09 Unsafe Buildings and
BUILDINGS WITHIN THE CITY or LLC names)who has one or Property Nuisances and enacts a new
WHEREAS,Chapter 173 Building more overdue Temporary subsection(6x5)as follows:
Q� Regulations is more than twenty years Certificates of Occupancy or has "Unfinished.Buildings or structures
old and is in need of updating and otherwise not complied with under construction that have been
Ca Gardner ral housekeeping;and previous commitments, abandoned or are inactive and for
requirements or terms of a previous which there are no valid permits."
WHEREAS,several provisions are Temporary Certificate of PASSED and APPROVED on
Subscribed and sworn to before me outdated or are not useful in the Occupancy until the entire backlog 7/16/2019
administration of building codes and
This 2J ,day of of Temporary Certificates of Approved:� 9. permits and the revisions proposed by Occupancy with any problems has Lioneld Jordan,Mayor
staff are an attempt to align the City's been remedied to the satisfaction of Attest:
building regulations with current the Building Official." Sondra E.Smith,City Clerk
CJ(j' p....f0 building codes where possible and Section 3:That the City Council of Treasurer
Ofi:5 eliminate unnecessary requirements the City of Fayeneville,Arkansas 75020608 July 25,2019
that have little or no impact on the hereby repeals§173.02(8)(1)(b)
quality or safety of buildings within and renumbers the remaining
the City. subsection accordingly.
NotaryPublic NOW,THEREFORE,BE IT
Section 4:That the City Council of
MyCommission Ex IreS: Z ORDAINED BY THE CITY the City of Fayetteville,Arkansas
P �� r COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS: enactseby repeals§ 3 02( X8)as and
Section l:That the City Council of enacts a new§173.02(6x8)
the City of Fayetteville,Arkansas follows:
hereby amends Chapter 173 by "Issuance of New Building Permit
el
for Unfinished Project.No new
CATHY WILES changing all instances of"Building building permits may be issued for
Safety Division Director"to"building property for which a building
Arkansas-Benton County official." permit has expired unless approved
Notary Public•Commit 12397118 Section 2:That the City Council of by the Building Official for good
My Commission Expires Feb 20, '', the City of Fayetteville,Arkansas
Q2024 cause shown by the applicant and
hereby enacts a new subsection(F)(3) adequate assurance that the project
regarding temporary certificates of will be completed within the time
occupancy in§173.01 General frame authorized by the Building
Provisions as follows: Official."
"(3)Temporary Certificate of Section 5:That the City Council of
Occupancy. A temporary certificate the City of Fayetteville,Arkansas
of occupancy may be executed and hereby repeals§173.03 Fire Zones
issued by the Building Official to and renumbers the remaining
**NOTE** Please do nota from Affidavit allow buildings or parts of buildings
P y to be occupied before completion of sections accordingly.
Invoice will be sent. the entire scope of work. Section 6:That the City Council of
(a) Duration.Temporary the City of Fayetteville,Arkansas
Certificates of Occupancy are valid hereby repeals subsections(B)(5)
for a maximum of thirty(30)days. Miscellaneous Provisions and
Temporary certificates must be El x6)Neon Lighting of§173.04
renewed at expiration until the final Electrical Code.
Certificate of Occupancy is issued. Section 7:That the City Council of
(b) Request.A written the City of Fayetteville,Arkansas
request must be submitted by the hereby amends§173.05 Gas Piping
building owner or permit applicant Code by changing the instances of
prior to issuance of a Temporary Arkansas State Gas Code"in
Certificate of Occupancy. subsections(A)and(B)to
(c) The Building Official "Arkansas State Fuel Gas Code."
Section 8:That the City Council of
shall have the discretion to issue a