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HomeMy WebLinkAboutOrdinance 6447OF FPYETJF L J\LL— rl ,� Ln �Rka NS nS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6447 File Number: 2021-0420 ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain fire protection systems alarms, devices, equipment and other features; and WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve reports of inspection by approved agencies or individuals; and WHEREAS, pursuant to Section 107.2.1 of the Arkansas Fire Prevention Code and Standards, required tests and inspection reports shall be available to the fire code official at all times and such records shall be filed as directed by the fire code official; and WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and Standards, current edition, and the provisions of technical codes and standards and has made the same applicable as the Fire Prevention Code of the City of Fayetteville in § 173.02 Fire Prevention Code/Building Code of the Unified Development Code; and WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports to be provided to the City through a third -party inspection reporting system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 6116121 Ordinance: 6447 File Number.' 2021-0420 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts §94.06 Third -Party Inspections and Reporting System as follows: "94.06 Third -Party Inspections and Reporting System. (A) Inspections and Maintenance Required. The owner of the property where any device, equipment, alarm, system and any other feature is required for compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards and specified intervals. If, following inspection and testing, any device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below. Maintenance, testing and inspections shall include, without limitation, the following fire protection systems: (1) Automatic Fire Sprinkler System (2) Commercial Kitchen Hood System (3) Fire Alarm System (B) Qualifications of Inspectors. Only qualified personnel shall make inspections or perform testing required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall include, but not be limited to: (1) Personnel who are factory -trained and certified for the type and brand of device, equipment, alarm, system, or feature being inspected or tested. (2) Personnel who are certified by a nationally recognized certification organization approved by the City. (3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to perform the required inspections and testing. (4) Personnel of the Fire Department. (C) Reporting of Inspections and Tests. Page 2 Printed on 6116121 Ordinance: 6447 File Number. 2021-0420 Records of all installations, inspections, tests and maintenance required by this Section shall be provided electronically to the City's designated electronic reporting system. Completed records shall be submitted no later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00) for each type of fire protection system. (D) Retention of Records. Records of any device, equipment, alarm and system inspections, tests and maintenance required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes shall be maintained on the premises for a minimum of three (3) years following the date of any inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of the City Code or upon the request of the fire code official. (E) Repairs. If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty (30) days of such inspection or test, the property owner shall make all necessary repairs to make the item fully operational. Defective parts must be replaced with manufacturer approved parts. If repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00). Additional inspections and testing may be required of the repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire code official." PASSED and APPROVED on 6/15/2021 Attest: •G� _ F Y • E�EVjC�F � rn_ Kara Paxton, City Clerk TreaS-%&-• •9 %`Ptiy�gNSAs •'� �`� Page 3 Printed on 6116121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0420 Agenda Date: 6/15/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain fire protection systems alarms, devices, equipment and other features; and WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve reports of inspection by approved agencies or individuals; and WHEREAS, pursuant to Section 107.2.1 of the Arkansas Fire Prevention Code and Standards, required tests and inspection reports shall be available to the fire code official at all times and such records shall be filed as directed by the fire code official; and WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and Standards, current edition, and the provisions of technical codes and standards and has made the same applicable as the Fire Prevention Code of the City of Fayetteville in § 173.02 Fire Prevention Code/Building Code of the Unified Development Code; and WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports to be provided to the City through a third -party inspection reporting system. 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 enacts §94.06 Third -Party Inspections and Reporting System as follows: "94.06 Third -Party Inspections and Reporting System. City of Fayetteville, Arkansas Page 1 Printed on 611612021 File Number: 2021-0420 (A) Inspections and Maintenance Required. The owner of the property where any device, equipment, alarm, system and any other feature is required for compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards and specified intervals. If, following inspection and testing, any device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below. Maintenance, testing and inspections shall include, without limitation, the following fire protection systems: (1) Automatic Fire Sprinkler System (2) Commercial Kitchen Hood System (3) Fire Alarm System (B) Qualifications of Inspectors. Only qualified personnel shall make inspections or perform testing required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall include, but not be limited to: (1) Personnel who are factory -trained and certified for the type and brand of device, equipment, alarm, system, or feature being inspected or tested. (2) Personnel who are certified by a nationally recognized certification organization approved by the City. (3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to perform the required inspections and testing. (4) Personnel of the Fire Department. (C) Reporting of Inspections and Tests. Records of all installations, inspections, tests and maintenance required by this Section shall be provided electronically to the City's designated electronic reporting system. Completed records shall be submitted no later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00) for each type of fire protection system. (D) Retention of Records. Records of any device, equipment, alarm and system inspections, tests and maintenance required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes shall be maintained on the premises for a minimum of three (3) years following the date of any inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of the City Code or upon the request of the fire code official. (E) Repairs. City of Fayetteville, Arkansas Page 2 Printed on 611612021 File Number: 2021-0420 If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty (30) days of such inspection or test, the property owner shall make all necessary repairs to make the item fully operational. Defective parts must be replaced with manufacturer approved parts. If repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00). Additional inspections and testing may be required of the repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire code official." City of Fayetteville, Arkansas Page 3 Printed on 611612021 Brad Hardin Submitted By City of Fayetteville Staff Review Form 2021-0420 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/24/2021 FIRE (300) Submitted Date Division / Department Action Recommendation: Staff requests Council approval of an ordinance to allow the fire department to contract with a software company for a reporting system for fire protection systems inside the City of Fayetteville. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: May 24, 2021 CITY COUNCIL MEMO SUBJECT: Staff requests Council approval of an ordinance to allow the fire department to contract with a software company for a reporting system for fire protection systems inside the City of Fayetteville. RECOMMENDATION: The Fayetteville Fire Department recommends the adoption of the ordinance to allow the use of a inspection reporting system as outlined in the City Council packet. BACKGROUND: The City Attorney's Office and the Fire Marshal's Office worked together to develop this ordinance to allow the Fayetteville Fire Department to contract with a software company for data compilation pertaining to Fire Protection Systems in businesses and organizations within the city. In addition to Fayetteville, Springdale and Rogers are in the process of adopting this system in their respective jurisdictions. DISCUSSION: The Arkansas Fire Prevention Code requires periodic testing and maintenance of all fire protection equipment; to include fire sprinkler, fire alarm and hood vent systems. The fire code also requires that the third -party inspector of included fire protection systems submit completed inspection reports as directed by the fire code official. The current system has some inspections being submitted by fax, some by email, some by mail and others are not submitted at all. For example, out of the 753 active fire sprinkler systems in the City, the Fayetteville Fire Marshals Office received 361 inspection reports over the preceding 12 months. This system will help us to track fire protection systems, increase inspection and testing code compliance, reduce false alarms activity and ensure a safer community. Moving to this type of inspection reporting system will allow us to efficiently review and track inspections; will allow us to develop a follow-up inspection process, reduce administrative tasks and help us gather detailed analytics to assist in our accreditation process. The system we are requesting is similar to the backflow inspection reporting system that is currently being used by the City of Fayetteville Water Department. BUDGET/STAFF IMPACT: There is not a budget impact or cost to the city with regards to this ordinance approval Attachments: Ordinance Details Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain fire protection systems alarms, devices, equipment and other features; and WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve reports of inspection by approved agencies or individuals; and WHEREAS, pursuant to Section 107.2.1 of the Arkansas Fire Prevention Code and Standards, required tests and inspection reports shall be available to the fire code official at all times and such records shall be filed as directed by the fire code official; and WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and Standards, current edition, and the provisions of technical codes and standards and has made the same applicable as the Fire Prevention Code of the City of Fayetteville in § 173.02 Fire Prevention Code/Building Code of the Unified Development Code; and WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports to be provided to the City through a third -party inspection reporting system. 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 enacts §94.06 Third -Party Inspections and Reporting System as follows: " 9=1.06 Third -Party Inspections and Reporting System. (a) Inspections and Maintenance Required. The owner of the property where any device, equipment, alarm, system and any other feature is required for compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards and specified intervals. If, following inspection and testing, any device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below. Maintenance, testing and inspections shall include, without limitation, the following fire protection systems: (1) Automatic Fire Sprinkler System (2) Commercial Kitchen Hood System (3) Fire Alarm System (b) Qualifications of Inspectors. Only qualified personnel shall make inspections or perform testing required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall include, but not be limited to: (1) Personnel who are factory -trained and certified for the type and brand of device, equipment, alarm, system, or feature being inspected or tested. (2) Personnel who are certified by a nationally recognized certification organization approved by the City. (3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to perform the required inspections and testing. (4) Personnel of the Fire Department. (c) Reporting of Inspections and Tests. Records of all installations, inspections, tests and maintenance required by this Section shall be provided electronically to the City's designated electronic reporting system. Completed records shall be submitted no later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00) for each type of fire protection system. (d) Retention of Records. Records of any device, equipment, alarm and system inspections, tests and maintenance required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes shall be maintained on the premises for a minimum of three (3) years following the date of any inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of the City Code or upon the request of the fire code official. (e) Repairs. If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty (30) days of such inspection or test or the property owner shall make all necessary repairs to make the item fully operational. Defective parts must be replaced with manufacturer approved parts. If repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00). Additional inspections and testing may be required of the repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire code official." PASSED and APPROVED this day of , 2021. APPROVE ATTEST: 9� ByAONE ��' �cP AN, Mayor KARA PAXTON, 6ity ClerOTieaqu e4YF-, ; y. ON co NORTHWEST ARKAwAs Demo= V Or ..- SCX'£l2- .-'_EY{L! E..Cr. � :). ;Y•' � ii:, =4?: � 6i: , 13 • :A;P+'ii':i+�GT� AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6447 Was inserted in the Regular Edition on June 20, 2021 Publication Charges: $381.52 Brittany mith Subscribed and sworn to before me This Z � day of jc - , 2021. Notary Public I My Commission Expires: **NOTE** Please do not pay from Affidavit Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC-ARKANSAS My Commission Expires 02-20-2024 Commission No. 123971/8 Ordinance. 6447 File Number: 2021-0420 ENACT 094,06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTE V ILLE CODE WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain fire protection systems alarms, devices, equipment and other features; and WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve reports of inspection by approved agencies or individuals; and WHEREAS, pursuant to Section 107.2 1 of the Arkansas Fire Prevention Code and Standards, required tests and inspection reports shall be available to the fire code official at all times and such records shall be filed as directed by the fire code official; and WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and Standards, current edition, and the provisions of technical codes arid standards and has made the same applicable as the Fire Prevention Code of the City of Fayetteville in § 173,02 Fire Prevention CodcVBuilding Code of the Unified Development Code; and WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports to be provided to the City through a third -party inspection reponing system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS Section 1: That the City Council ofthe City of Fayetteville, Arkansas hereby enacts §94.06 Third -Party Inspections and Reporting System as foil.", "94.06 Third -Parry Inspections and Reporting System. (A) Insperions and Maintenance Required. The owner of tics property where any device, equipment, alarm, system and any other feature is required for compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards and specified intervals. If, following inspection and testing, any device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below. Maintenance, testing and inspections shall include, without limitation, the following fire protection systems. (1) Automatic Fire Sprinkler System (2) Commercial Kitchen Hood System (3) Fire Alarm System (B) Qualifications of Inspectors. Only qualified personnel shall make inspections or perform testing required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall include, but not be limited to. (1) Personnel who arc factory -trained and certified for the type and brand of device, equipment, alarm, system, or feature being inspected or tested. (2) Personnel who are certified by a nationally recognized certification organization approved by the City, (3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to perform the required inspections and testing. (4) Personnel of the Fire (C) Reporting of Inspections and Tests. Records of all installations, inspections, tests and maintenance required by this Section shall be provided electronically to the City's designated electronic reporting system. Completed records shall be submitted no later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars (S 15.00) for each type of fire protection system. (D) Retention of Records. Records of any device, equipment, alarm and system inspections, tests and maintenance required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes shall be maintained on the premises for a minimum ofthtee (3) years following the date of any inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of the City Code or upon the request of the fire code official. (E) Repairs If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty (30) days of such inspection or test, the property owner shall make all necessary repairs to make the item fully operational. Defective pans must be replaced with manufacturer approved parts. If repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars (515.00). Additional inspections and testing may be required of the repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire erode official." PASSED and APPROVED on 6/ 1512021 Approved. Lioneld Jordan, Mayor Attest Kara Paxton, City Clerk Treasurer 75431442 June 20, 2021