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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is more than twenty years old and is in need of updating and general housekeeping; and WHEREAS, several provisions are outdated or are not useful in the administration of building codes and permits and the revisions proposed by staff are an attempt to align the City's building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: Page 1 Printed on 7/17/19 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 Page 2 Printed on 7/17/19 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: `���u n r r►rry� �i K Sondra E. Smith, City Clerk Treasu $A, ,.• • CITY q4,.9J,''.� : FAYE77. ;�n= �. EVl<LE• �— 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