Loading...
HomeMy WebLinkAboutOrdinance 6471113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6471 File Number: 2021-0466 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 BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE WHEREAS, Chapter 173 Building Regulations has not been substantially revised in more than twenty years and is in need of updating and general housekeeping; and WHEREAS, the proposed revisions are an attempt to align City ordinances with current building codes where possible, eliminate unnecessary requirements that have little impact on the quality of the built environment within the City, and improve the ability of City staff to enforce Chapter 173; and WHEREAS, the Standard Housing Code, which was adopted by § 173.I0 of the Unified Development Code is outdated and should be replaced by the International Property Maintenance Code; and WHEREAS, pursuant to Ark. Code Ann. § 14-55-207, the City may adopt by ordinance technical codes, regulations, or standards without including the full text of the regulations in the City Code. NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 173.02 Page 1 Printed on 918121 Ordinance: 6471 File Number 2021-0466 Fire Prevention Code/Building Code by adding the following language immediately after the last sentence of subsection (C) .Amendments, .Additions, and Deletions to the Fire Prevention Code as follows: "The following. as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy Section 2: That the City Council of the City of Fayetteville. Arkansas hereby repeals subsection (A) of § 173.07 Energy Conservation Code and enacts a replacement (A) as follows: -(A) Commercial and High -Rise Residential. The most current Arkansas Energy Code as promulgated by the State of Arkansas is adopted as applicable to all new building construction for commercial and high-rise residential structures. Section 3: That the City Council of the City of Fayetteville. Arkansas hereby repeals the introductory paragraph of subsection (B) of § 173.07 Energy Conservation Code and enacts a replacement introductory paragraph as follows: "Residential. The most current International Energy Conservation Code (IECC) as promulgated by the State of Arkansas is adopted as applicable to all new residential structures, with the exception of § 107 Fees and § 109 Board of Appeals. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §173.07 (13)(1), (13)(3), and (13)(6)(b) by striking the references to 2009 and 2011. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B) and (C) of § 173.08 Unsafe Buildings and Property Nuisances and enacts a new (B) and (C) as follows: "(B) Property Nuisances. If the Building Official determines that a property owner is violation of any of the provisions or requirements set out in the International Property Maintenance Code, the Building Official shall serve the owner in person or by certified mail and posting upon the property the written notice stating the suspected violation and setting a reasonable time limit for the owner to correct the violation. Further notice procedures may need to be undertaken if actual notice to the owner has not been achieved. If the owner does not properly and completely resolve and correct the violations noted in the letter notice within the prescribed time limit (plus any time extensions allowed by the Building Official for the owner's substantial progress in correcting the violations). the Building Official may Page 2 Primed on 918121 Ordinance: 6471 File Number.' 2021-0466 proceed to the abatement procedures of subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances. Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances have proven unsatisfactory, the Building Official may forward the matter for prosecution to the City Prosecutor. (2) Raze and Removal Order by the City Council. The Building Official may also refer an uncorrected violation to the City Council which may schedule a due process public hearing to determine whether or not the subject building is a property nuisance pursuant to International Property Maintenance Code and/or other Codes adopted in the Unified Development Code or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. 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 of Fayetteville citizens and residents, the City Council may by resolution order the owner of the building to either completely abate the nuisance or raze and remove the unsafe or nuisance building within a period of not less than thirty (30) days. (3) 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 and authority 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 due process public hearing to determine the fair and true costs to the city for this raze and removal and may 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. (4) The remedies contained in this subsection are not mutually exclusive. The building official may refer the same matter to both the City Prosecutor and the City Council." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.10 Standard Housing Code and enacts a new § 173.10 International Property Maintenance Code as follows: "173.10 - International Property Maintenance Code (A) _Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the Page 3 Printed on 918121 Ordinance- 6471 File Number 2021-0466 provisions set forth in the Internationul Properh• Maintenance 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) .4mendments, udditions, and deletions to the Internutionul Property Aluintenance Code. The International Property• tlfuintenunce Code. shall be amended as follows: ( I ) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 1 11, Internationul Property Maintenut2ce Code. (2) The Housing Official shall be known as the Building Official." PASSED and APPROVED on 9/7/2021 Attest: 9,K T it 177 •rn— �T,- :z= Kara Paxton, City Clerk Treasu&r •..S �ON� C Page 4 Printed on 918121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0466 Agenda Date: 9/7/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.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 BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE WHEREAS, Chapter 173 Building Regulations has not been substantially revised in more than twenty years and is in need of updating and general housekeeping; and WHEREAS, the proposed revisions are an attempt to align City ordinances with current building codes where possible, eliminate unnecessary requirements that have little impact on the quality of the built environment within the City, and improve the ability of City staff to enforce Chapter 173; and WHEREAS, the Standard Housing Code, which was adopted by § 173.10 of the Unified Development Code is outdated and should be replaced by the International Property Maintenance Code; and WHEREAS, pursuant to Ark. Code Ann. § 14-55-207, the City may adopt by ordinance technical codes, regulations, or standards without including the full text of the regulations in the City Code. 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 173.02 Fire Prevention Code/Building Code by adding the following language immediately after the last sentence of subsection (C) Amendments, Additions, and Deletions to the Fire Prevention Code as follows: "The following, as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy City of Fayetteville, Arkansas Page 1 Printed on 91812021 File Number: 2021-0466 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of § 173.07 Energy Conservation Code and enacts a replacement (A) as follows: "(A) Commercial and High -Rise Residential. The most current Arkansas Energy Code as promulgated by the State of Arkansas is adopted as applicable to all new building construction for commercial and high-rise residential structures. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory paragraph of subsection (B) of § 173.07 Energy Conservation Code and enacts a replacement introductory paragraph as follows: "Residential. The most current International Energy Conservation Code (IECC) as promulgated by the State of Arkansas is adopted as applicable to all new residential structures, with the exception of § 107 Fees and § 109 Board of Appeals. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 173.07 (B)(1), (B)(3), and (13)(6)(b) by striking the references to 2009 and 2011. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B) and (C) of § 173.08 Unsafe Buildings and Property Nuisances and enacts a new (B) and (C) as follows: "(B) Property Nuisances. If the Building Official determines that a property owner is violation of any of the provisions or requirements set out in the International Property Maintenance Code, the Building Official shall serve the owner in person or by certified mail and posting upon the property the written notice stating the suspected violation and setting a reasonable time limit for the owner to correct the violation. Further notice procedures may need to be undertaken if actual notice to the owner has not been achieved. If the owner does not properly and completely resolve and correct the violations noted in the letter notice within the prescribed time limit (plus any time extensions allowed by the Building Official for the owner's substantial progress in correcting the violations), the Building Official may proceed to the abatement procedures of subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances have proven unsatisfactory, the Building Official may forward the matter for prosecution to the City Prosecutor. (2) Raze and Removal Order by the City Council. The Building Official may also refer an uncorrected violation to the City Council which may schedule a due process public hearing to determine whether or not the subject building is a property nuisance pursuant to International Property Maintenance Code and/or other Codes adopted in the Unified Development Code or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. 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 of Fayetteville citizens and City of Fayetteville, Arkansas Page 2 Printed on 91812021 File Number: 2021-0466 residents, the City Council may by resolution order the owner of the building to either completely abate the nuisance or raze and remove the unsafe or nuisance building within a period of not less than thirty (30) days. (3) 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 and authority 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 due process public hearing to determine the fair and true costs to the city for this raze and removal and may 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. (4) The remedies contained in this subsection are not mutually exclusive. The building official may refer the same matter to both the City Prosecutor and the City Council." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.10 Standard Housing Code and enacts a new § 173.10 International Property Maintenance Code as follows: "173.10 - International Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance 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 International Property Maintenance Code. The International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 111, International Property Maintenance Code. (2) The Housing Official shall be known as the Building Official." City of Fayetteville, Arkansas Page 3 Printed on 91812021 Dennis Sanders Submitted By City of Fayetteville Staff Review Form 2021-0466 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/2/2021 Building Safety (640) 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? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget j Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20210527 Previous Ordinance or Resolution # Approval Date: _CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Dennis Sanders, Building Safety Director DATE: July 02, 2021 CITY COUNCIL MEMO SUBJECT: Revisions to UDC Chapter 173 — Building Regulations RECOMMENDATION: Staff recommends adoption of the revisions to Unified Development Code (UDC) Chapter 173 — Building Regulations as presented. BACKGROUND: Many sections of the UDC Chapter 173 — Building Regulations are now over twenty years old and in need of updating, general housekeeping, and a review for consistency. In 2019, City Council considered and approved the first set of these changes, including formalization of the temporary certificate of occupancy allowance, elimination of Fire Zones, and several text changes to align ordinance with codes adopted at the State level. DISCUSSION: UDC Chapter 173 has had a few 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, to eliminate unnecessary requirements that have little impact on the quality of the built environment within the City, and to improve the ability to enforce Chapter 173. BUDGET/STAFF IMPACT: None anticipated Attachments: Chapter 173 — Building Regulations (Strikethrough) Chapter 173 — Building Regulations (Final) Fire Marshal Letter Building Code Comparison Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 (1) 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 three inches from the bottom of the footing spaced no more than six feet 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 three 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 eight 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 three thousand (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 (1) 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 (3) 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. The following, as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy (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; Ord. No. 6206, §§3, 4, 7-16-19) 173.07 - Energy Conservation Code (A) Commercial and High -Rise Residential. —The 2011 most current 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 most current 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 2089 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; Ord. No. 6206, §§5, 10, 7-16-19) Editor's note— See editor's note to § 173.03. 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. Whenever it is found that any person is violating any of the provisions or requirements set out in the International Property Maintenance Code, a written notice stating the offense and setting a time limit for the correction thereof shall be served upon the offender in person or by certified mail by the Building Official. If the offending party is not the owner of record of the tract upon which such dwelling or dwellings are being constructed, a copy of such notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him forever cease all violations. Any person who shall continue to violate any of the provisions of this chapter shall be subject to the penalties in subsection (C) below... it is Llnlawf ul fer an„ nersnn having any of the vielat*eRs from the Prepa"a*Rtenance Code er the following findings are made by the �ildipg nffinial• City Council after a public, due rproocess hoo��_ari W. life,(1) The condition of the property endangers the 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 vial es of neighboring properties (3) The condition of the property is detrimental to the public health, safety and general welfare. fnr which there aFe RE) valid permits. running water to plumbing fixtures or lack the minimum amounts of natural light and ventilation as re . .red by this Code foundations;(7) Structural Hazards. Buildings or structures which have such defective, deteriorated or flooring and/or floor support; wall, partition, or othe horizontal s�pport• fireplace or chimney as to resu It in unsafe conditions support; or other vertical roof, (8) inadequate or Hazardous Wiring. All wiring except that which conformed with all applicable laws Gff8Gt at the tome Of ORStallatiOR and whiGh has been MaiRtaiRed OR good GGR&OGR and is beiRg used 'R safe (9) 'Radequate er Faulty PlumbiRg. All plumlaiRg eXGept that whiGh GORfOrmed with all @PP"Gable laws gross c ct•nns conformed with all applicable laws in effect at the tome of installation and which has been maintained ifa-geed condition. (11) inadequate Fore Suppression and Alarm systems. All fore suppression and alarm systems excep that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition (12) Dilapidated Exterier. Dilapidated FGGf GGV8FORgS; dilapidated OF 6IRfiRished exterier wall GGVGFORgS; breLen OFMOSSORg deers and/nr W'RdE)w (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. The rules and nro,.od ,ros ^flf the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances &he4 ld be follo�Aufed If the res+ lts Of G161Gh efforts are unsatisfactory, the Code Compliance Division nireGtorb9uilding oOfficial may forward the matter for prosecution to the City Prosecutor_ and/or to the riff, Council for consideration of o raze and removal resolution. (2) City CounGilBuildiR9 OffoGial Determination Whether Property Nuisance Exists. Upon referral fFGrn the Code Compliance Division, the City Council shall hold a public hearing to determin—e whetheF 9F not the subject building is a property nuisance for any of the reasons specified 4'P .,lotions o not resolved-. unsafe, (32) —Raze and Removal Order by the City Council. Upon referral from the bauilding oofficial, the City Council shall hold a public hearing to determine whether or not the subject building is a Property nuisance pursuant to the Codes adopted in this Chapter or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. 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. (43) 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. (4) The remedies contained in this subsection are not mutually exclusive. The bguilding oOfficial may refer the same matter to both the City Prosecutor and the City Council. (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; Ord. No. 5563, 01-15-13; Ord. No. 6206, §§5, 11, 12, 7-16-19) Editor's note— See editor's note to § 173.03. 173.10 - c*-,nd -,d HA-'SiRg CedeInternational Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the StandaFd Housing Code, 1997 F^#ion International Property Maintenance 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 Standard -Housing -Code, 1997 Edition International Property Maintenance Code. Theme*^ sigg Code, 1997 Edition International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals "shall perform those duties of the Cs board of appeals as set forth in Section s-06 International Property Maintenance Code. (2) The Housing Official shall be known as the ChiefBuildingOfficial. _(3) S8Gtien 108 cta , aFd Housing1997 €dam*gn,, 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; Ord. No. 5563, 01-15-13; Ord. No. 6206, §5, 7-16-19) Editor's note— See editor's note to § 173.03. 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 (1) 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 three inches from the bottom of the footing spaced no more than six feet 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 three 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 eight 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 three thousand (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 (1) 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 (3) 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. The following, as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy (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; Ord. No. 6206, §§3, 4, 7-16-19) 173.07 - Energy Conservation Code (A) Commercial and High -Rise Residential. The most current 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 most current 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 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 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 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 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; Ord. No. 6206, §§5, 10, 7-16-19) Editor's note— See editor's note to § 173.03. 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. Whenever it is found that any person is violating any of the provisions or requirements set out in the International Property Maintenance Code, a written notice stating the offense and setting a time limit for the correction thereof shall be served upon the offender in person or by certified mail by the Building Official. If the offending party is not the owner of record of the tract upon which such dwelling or dwellings are being constructed, a copy of such notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him forever cease all violations. Any person who shall continue to violate any of the provisions of this chapter shall be subject to the penalties in subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances are unsatisfactory, the building official may forward the matter for prosecution to the City Prosecutor.. (2) Raze and Removal Order by the City Council. Upon referral from the building official, the City Council shall hold a public hearing to determine whether or not the subject building is a property nuisance pursuant to the Codes adopted in this Chapter or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. 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. (3) 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. (4) The remedies contained in this subsection are not mutually exclusive. The building official may refer the same matter to both the City Prosecutor and the City Council. (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; Ord. No. 5563, 01-15-13; Ord. No. 6206, §§5, 11, 12, 7-16-19) Editor's note— See editor's note to § 173.03. 173.10 - International Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance 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 International Property Maintenance Code. The International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 111 International Property Maintenance Code. (2) The Housing Official shall be known as the Building Official. (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; Ord. No. 5563, 01-15-13; Ord. No. 6206, §5, 7-16-19) Editor's note— See editor's note to § 173.03. IVA CITY OF FAYETTEVILLE ARKANSAS June 10, 2021 Dennis Sanders Building Safety Director Building Safety Division; City of Fayetteville RE: Exemption for 173.02 Fire Prevention / Building Code I have reviewed the exemption that has been requested to the City of Fayetteville Code of Ordinances Chapter 173 Section 173.02 C, which includes adding the underlined section below. (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 (3) 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. 9 Exemptions. The following, as defined by Fire Prevention and Building Codes shall be exempt from this provision: (a) Airport Control Tower (b) Open Parking Decks (c) F-2 Occupancy The current Arkansas Fire Prevention Code 2012 edition has the same exemptions located in 903.2.11.3 Buildings 55 Feet or More in Height; listing airport control towers, open parking structures, and occupancies in Group F-2 as exemptions to the automatic fire sprinkler system requirement. After reviewing the request, the Fayetteville Fire Marshals Office supports adding the requested exemptions as listed and defined by the 2012 AFPC. 0� attalio 7ChJeremy hley Fire Marshal; City of Fayetteville Cc: Fire Chief Brad Hardin, Assistant Chief William Watts, Assistant Chief Tom Good OFFICE OF THE FIRE MARSHAL 303 W. Center St. www.fayetteville-ar.gov Fayetteville, AR 72701 FIRE PROTECTION SYSTEMS I rt buildings classified as enclosed parking garages in accor- dance with Section 406.4 as follows: 1. Where the fire area of the enclosed parking garage exceeds 12,000 square feet (1115 m,2); or 2. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. [F] 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided through- out buildings used for storage of commercial trucks or buses where the fire area exceeds 5,000 square feet (464 ne). [F] 903.2.11 Specific building areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.6. [F] 903.2.11.1 Stories without openings. An auto- matic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds 1,500 square feet (139.4 m� and where there is not provided at least one of the following types of exterior wall openings: 1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side. The required openings shall be distrib- uted such that the lineal distance between adja- cent openings does not exceed 50 feet (15 240 mm). 2. Openings entirely above the adjoining ground level totaling at least 20 square feet (1.86 mz) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side. The required openings shall be distrib- uted such that the lineal distance between adja- cent openings does not exceed 50 feet (15 240 mm). The height of the bottom of the clear open- ing shall not exceed 44 inches (1118 mm.) mea- sured from the floor. [F] 903.2.11.1.1 Opening dimensions and access. Openings shall have a minimum dimension of not less than 30 inches (762 mm). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. [F] 903.2.11.1.2 Openings on one side only. Where openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet (22 860 mm) from such openings, the story shall be equipped throughout with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two sides of the story. [F] 903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet (22 860 mm) from openings required by Section 903.2.11.1, or where walls, partitions or other obstructions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved automatic sprinkler system. [F] 903.2.11.2 Rubbish and linen chutes. An auto- matic sprinkler system shall be installed at the top of rubbish and linen chutes and in their terminal rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rub- bish chute extends through a building more than one floor below the lowest intake, the extension shall have sprinklers installed that are recessed fiom the drop area of the chute and protected from freezing in accordance with Section 903.3.1.1. Such sprinklers shall be installed at alternate floors, beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessi- ble for servicing. [F i ings 55 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occu- pant load of 30 or more that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access. Exceptions: 1. Airport control towers. 2. Open parking structures. 3. Occupancies in Group F-2. ] 903.2.11.4 Ducts conveying hazardous exhaus Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts convey- ing hazardous exhaust, or flammable or combustible materials. Exception: Ducts in which the largest cross -sec- tional diameter of the duct is less than 10 inches (254 mm). [F] 903.2.11.5 Commercial cooking operations. An automatic sprinkler system shall be installed in com- mercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Sec- tion 904. [F] 903.2.11.6 Other required suppression systems. In addition to the requirements of Section 903.2, the provisions indicated in Table 903.2.11.6 also require the installation of a fire suppression system for certain buildings and areas. 2012 INTERNATIONAL BUILDING CODE®/ARKANSAS 2012 207 IN OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Dennis Sanders, Building Safety Director FROM: Kit Williams, City Attorney DATE: July 27, 2021 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Slight revision of Section 5 of the proposed ordinance to amend §173.08 Unsafe Buildings and Property Nuisances The City Attorney's Office believes a few changes to the proposed Section 5 will make subsections (B) and (C) of §173.08 Unsafe Buildings and Property Nuisances more clear while maintaining the updates and minor procedural changes sought by our Building Official, Dennis Sanders. I have attached my office's new proposed wording for (B) and (C) as well as a copy of the proposed ordinance's current wording. First, we made the person who needs to be notified of any property nuisance to agree with subsection (A)'s "owner". Use of "offender' was dropped. We also specified that it would be the Building Official who would make the initial determination that the property was a nuisance or was so unsafe, dilapidated or unsanitary that further city action was required. We also strengthened the Code's notice requirements of a possible nuisance to the owner. The standard procedures of Code Compliance do comply with due process notice requirements, but I wanted the Code to be more clear itself. I also provided the Building Official explicit permission and discretion to allow extension of the period to correct the problems if the owner was making substantial progress. I think this is what has sometimes happened in the past, but the newly proposed wording did not seem to give the Building Official this discretion. In (C), the most significant change I suggest is to provide more discretion to the Building Official about referring an uncorrected violation to either the City Prosecutor or the City Council or both. More importantly, I removed the mandatory duty of the City Council to order a raise and removal of a dilapidated, unsafe or unsanitary building and instead empowered you to do so. I did this by substituting "may" for the proposed "shall." I believe it is almost always better to empower the City Council to do something rather than making it a duty by using "shall." This way, even in a situation in which a building will likely need to be raised, the City Council has discretion and may delay final action to allow the property owner more time to repair or raise the building. The only mandatory duty I left in place for the City Council after the City had been forced to raise and remove a building was a due process hearing to determine "the fair and true costs to the city for this raise and removal" in order to place a lien on the property. That hearing really must be accomplished. If you agree with the proposed changes to the currently proposed ordinance, please make a motion to amend Section 5 to the new language I have supplied to you. 2 4 Section 3: 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory paragraph of subsection (B) of § 173.07 Energy Conservation Code and enacts a replacement introductory paragraph as follows: "Residential. The most current International Energy Conservation Code (IECC) as promulgated by the State of Arkansas is adopted as applicable to all new residential structures, with the exception of § 107 Fees and § 109 Board of Appeals. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 173.07 (13)(1), (13)(3), and (B)(6)(b) by striking the references to 2009 and 2011. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B) and (C) of § 173.08 Unsafe Buildings and Property Nuisances and enacts a new (B) and (C) as follows: J {.1., vre� "(B) Property Nuisances. Whenever it is found that any person is violating any of the provisions v or requirements set out in the International Property Maintenance Code, a written notice stating the offense and setting a time limit for the correction thereof shall be served upon the offender in person or by certified mail by the Building Official. If the offending party is not the owner of record of the tract upon which such dwelling or dwellings are being constructed, a copy of such notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him forever cease all violations. Any person who shall continue to violate any of the provisions of this chapter shall be subject to the penalties in subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances are unsatisfactory, the building official may forward the matter for prosecution to the City Prosecutor. (2) Raze and Removal Order by the City Council. Upon referral from the building official, the City Council shall hold a public hearing to determine whether or not the subject building is a property nuisance pursuant to the Codes adopted in this Chapter or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. 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. (3) 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 CIX'�"�1 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. (4) The remedies contained in this subsection are not mutually exclusive. The building official may refer the same matter to both the City Prosecutor and the City Council." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.10 Standard Housing Code and enacts a new § 173.10 International Property Maintenance Code as follows: "173.10 - International Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance 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 International Property Maintenance Code. The International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 111, International Property Maintenance Code. (2) The Housing Official shall be known as the Building Official." PASSED and APPROVED this 20th day of July, 2021. APPROVED: LIONELD JORDAN, Mayor ATTEST: I0 KARA PAXTON, City Clerk/Treasurer P,filUt (414A`w-� 6'041 " Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory paragraph of subsection (B) of § 173.07 Energy Conservation Code and enacts a replacement introductory paragraph as follows: "Residential. The most current International Energy Conservation Code (IECC) as promulgated by the State of Arkansas is adopted as applicable to all new residential structures, with the exception of § 107 Fees and § 109 Board of Appeals. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 173.07 (13)(1), (13)(3), and (13)(6)(b) by striking the references to 2009 and 2011. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B) and (C) of § 173.08 Unsafe Buildings and Property Nuisances and enacts a new (B) and (C) as follows: "(B) Property Nuisances. If the Building Official determines that a property owner is violation of any of the provisions or requirements set out in the International Property Maintenance Code, the Building Official shall serve the owner in person or by certified mail and posting upon the property the written notice stating the suspected violation and setting a reasonable time limit for the owner to correct the violation. Further notice procedures may need to be undertaken if actual notice to the owner has not been achieved. If the owner does not properly and completely resolve and correct the violations noted in the letter notice within the prescribed time limit (plus any time extensions allowed by the Building Official for the owner's substantial progress in correcting the violations), the Building Official may proceed to the abatement procedures of subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances have proven unsatisfactory, the Building Official may forward the matter for prosecution to the City Prosecutor. (2) Raze and Removal Order by the City Council. The Building Official may also refer an uncorrected violation to the City Council which may schedule a due process public hearing to determine whether or not the subject building is a property nuisance pursuant to International Property Maintenance Code and/or other Codes adopted in the Unified Development Code or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. 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 of Fayetteville citizens and residents, the City Council may by resolution order the owner of the building to either completely abate the nuisance or raze and remove the unsafe or nuisance building within a period of not less than thirty (30) days. 1A ► wo�,ll ��1,� J-L C.9(crhi (3) Lien on the Property. If the owner fails to comply with the Resolution to completely j S J 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 and authority 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 due process public hearing to determine the fair and true costs to the city for this raze and removal and may place a lien in that amount upon the subject property to be enforced pursuant f' to the lien enforcement procedures of §95.03 of the Fayetteville Code. (4) The remedies contained in this subsection are not mutually exclusive. The building official may refer the same matter to both the City Prosecutor and the City Council." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.10 Standard Housing Code and enacts a new § 173.10 International Property Maintenance Code as follows: "173.10 - International Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance 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 International Property Maintenance Code. The International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 111, International Property Maintenance Code. (2) The Housing Official shall be known as the Building Official." PASSED and APPROVED this 20t" day of July, 2021. APPROVED: In ATTEST: LE LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Dennis Sanders, Building Safety Director FROM: Kit Williams, City Attorney DATE: August 17, 2021 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Need to Reconsider Last Meeting's Passage of the Property Maintenance Codes Although I believe the ordinance that the City Council passed last week was in good order and needs no changes, the exhibits which included very long and more current national building codes need minor amendments. Some of those codes had sections that included blanks to be filled in by the local government officials. Not all of these blanks had been filled in and so, in my opinion, the codes were incomplete and enforcement of them in some circumstances would be problematic. I thank Mr. Robert Williams for pointing out these omissions to me and members of the City staff. Therefore, before the end of the City Council Meeting this evening, I need any Council Member to move to reconsider the Ordinance To Amend Chapter 173 Building Regulations of the U.D.C. To Align The City's Building Regulations With Building Codes Adopted By The State Of Arkansas; To Authorize Prosecutions Of Violations Of §173.08 Unsafe Buildings And Property Nuisances; And To Adopt The International Property Maintenance Code. Amendments to Property Maintenance Code The following sections of the International Property Maintenance Code are hereby amended or supplemented as indicated in the following subsections. The name "Fayetteville, Arkansas" shall be inserted in Section 101.1. In Section 102.3, the reference to the International Building Code, International Fire Code, and International Residential Code shall be deleted and the term "Arkansas Fire Prevention Code - Volumes I, II, and III" shall be inserted in lieu thereof. The reference to the International Mechanical Code, International Plumbing Code, and the International Fuel Gas Code shall be deleted, and the term Arkansas Mechanical Code, Arkansas Plumbing Code, and Arkansas Fuel Gas Code shall be inserted in lieu thereof. The International Zoning Code shall be deleted, and the term Unified Development Code Chapter 161 Zoning Regulations shall be inserted in lieu thereof. The Arkansas Energy Code shall be added for reference. Section 103.4 is added with the following provision: The governmental immunity from liability and suit for the City and its employees as determined by Arkansas law shall be applicable to all activities of the City and its employees pursuant to this Code. Section 103.5 is deleted and referenced to the city code for fees. Section 109.3 shall be deleted and referenced to Unified Development Code Chapter 171 Streets and Sidewalk Sections 110.2, 110.3 and 110.4 are hereby deleted. It shall be referenced to Unified Development Code Chapter 173.08 (C). g. In section 112.4 amend to delete "liable to a fine of not less than dollars or more than dollars" and replace with "shall be subject to penalties as prescribed by law". In Section 201.3, the reference to the International Building Code, International Fire Code, and International Residential Code shall be deleted and the term "Arkansas Fire Prevention Code- Volumes I, II, and III" shall be inserted in lieu thereof. The reference to the International Mechanical Code, International Plumbing Code, and the International Fuel Gas Code shall be deleted, and the term Arkansas Mechanical Code, Arkansas Plumbing Code, and Arkansas Fuel Gas Code shall be inserted in lieu thereof. The International Zoning Code shall be deleted, and the term Unified Development Code Chapter 161 Zoning Regulations shall be inserted in lieu thereof. The Arkansas Energy Code shall be added for reference. Section 302.3 shall be amended to read as follows: All private sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Section 302.4 shall be deleted and referenced to city code chapter 95 Health and Sanitation and Code Enforcements Standard Operating Procedures. k. In Section 304.14, the dates of "March 1 to October 1." Shall be inserted in thefirst sentence. Additionally, there shall be added a second exception which reads as follows: "Screens for every window may not have to be required if the building inspector determines that the dwelling unit has a functioning and adequate central air conditioning or heat pump system, sufficient functioning individual air conditioning units, other sufficient ventilations methods such as attic fans and/or window fans with adequate screened intake which appear functional and satisfactory to the residents." In Section 401.3, the reference to the International Building Code shall be deleted and the term "Arkansas Fire Prevention Code- Volume II" shall be inserted in lieu thereof. M. In Section 502.5 and 505.1 the reference to the International Plumbing Code shall be deleted and the term "Arkansas Plumbing Code" shall be inserted in lieu thereof. n. In Section 602.2, the reference to the International Plumbing Code shall be deleted "the term "Arkansas Plumbing Code" shall be inserted in lieu thereof. o. In the first sentence of Section 602.3, the term "during the period from [date] to [date]" is deleted. P. In Section 602.3, the reference to the International Plumbing Code shall be deleted and the term "Arkansas Plumbing Code" shall be inserted in lieu thereof. q. In the first sentence of Section 602.4, the phrase "during the period from [date] to [date]" is deleted. In Section 702.1 and 702.2, the reference to the International Fire Code shall be deleted and the term "Arkansas Fire Prevention Code -Volume I" shall be inserted in lieu thereof. S. In Section 702.3, the reference to the International Building Code shall be deleted and the term "Arkansas Fire Prevention Code- Volume II" shall be inserted in lieu thereof. In Sections 704.1 and 704.2, the references to International Fire Code shall be deleted and the term "Arkansas Fire Prevention Code -Volume I" shall be inserted in lieu thereof. In Chapter 8, the list of referenced standard codes is deleted and the following lists of codes is substituted in lieu thereof: NFPA 70 National Electrical Code Arkansas Fire Prevention Code Volumes I, II and III Arkansas Mechanical Code Arkansas Plumbing Code Arkansas Fuel Gas Code International Energy Code Arkansas Energy Code Unified Development Code NORTHWEST ARKA s-AS Demme 100auttt P.C. BCA 1,01. rAYEi; EviLLE AR 121Q2 • 479-4-1C-i700 • FAA 474-04.11'le - PA',''{1.N riADG.CCu 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 6471 Was inserted in the Regular Editions on: September 19, 2021 Publication Cost: $495.52 &M� Brittany 9mith Subscribed and sworn to before me This Z ( day of icvk , 2021. 1 �/t Notary Public ,�` My Commission Expires: U�/25t **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. 1230,7118 Ordinance 6471 File Number: 2021-0466 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 BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE WHEREAS, Chapter 173 Building Regulations has not been substantially revised in morethan twenty years and is in need of updating and general housekeeping; and WHEREAS, the proposed revisions are an attempt to align City ordinances with current building codes where possible, eliminate unnecessary requirements that have little impact on the quality of the built environment within the City, and improve the ability of City staff to enforce Chapter 173; and WHEREAS, the Standard Housing Code, which was adopted by § 173 10 of the Unified Development Code is outdated and should be replaced by the International Property Maintenance Code, and WHEREAS, pursuant to Ark. Code Ann. § 14-55-207, the City may adopt by ordinance technical codes, regulations, or standards without including the full text of the regulations in the City Code, 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 173.02 Fire Prevention CodeBuilding Code by adding the following language immediately after the last sentence of subsection (C) Amendments, Additions, and Deletions to the Fire Prevention Code as follows: "The following, as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of § 173,07 Energy Conservation Code and enacts a replacement (A) as follows "(A) Commercial and High -Rise Residential. The most current Arkansas Energy Code as promulgated by the State of Arkansas is adopted as applicable to all new building construction for commercial and high-rise residential structures. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory paragraph of subsection (B) of § 173.07 Energy Conservation Code and enacts a replacement introductory paragraph as follows: "Residential- The most current International Energy Conservation Code (IECC) as promulgated by the State of Arkansas is adopted as applicable to all new residential structures, with the exception of § 107 Fees and § 109 Board of Appeals. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 173.07 (Bx 1), (Bx3), and (Bx6xb) by striking the references to 2009 and 2011. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B) and (C) of § 173 08 Unsafe Buildings and Property Nuisances and enacts a new (B) and (C) as follows: "(B) Property Nuisances. If the Building Official determines that a property owner is violation of any of the provisions or requirements set out in the Intemational Property Maintenance Code, the Building Official shall serve the owner in person or by certified mail and posting upon the property the written notice stating the suspected violation and setting a reasonable time limit for the owner to correct the violation. Further notice procedures may need to be undertaken if actual notice to the owner has not been achieved. If the owner does not properly and completely resolve and correct the violations noted in the letter notice within the prescribed time limit (plus any time extensions allowed by the Building Official for the owners substantial progress in correcting the violations), the Building Official may proceed to the abatement procedures of subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances have proven unsatisfactory, the Building Official may forward the matter for prosecution to the City Prosecutor. (2) Raze and Removal Order by the City Council. The Building Official may also refer an uncorrected violation to the City Council which may schedule a due process public hearing to determine whether or not the subject building is a property nuisance pursuant to International Property Maintenance Code and/or other Codes adopted in the Unified Development Code or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. 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 of Fayetteville citizens and residents, the City Council may by resolution order the owner of the building to either completely abate the nuisance or raze and remove the unsafe or nuisance building within a period of not less than thirty (30) days (3) 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 and authority 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 due process public hearing to determine the fair and true costs to the city for this raze and removal and may 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, (4) The remedies contained in this subsection are not mutually exclusive The building official may refer the same matter to both the City Prosecutor and the City Council " Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.10 Standard Housing Code and enacts a new § 173.10 International Property Maintenance Code as follows "173.10 - International Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance 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. (13) Amendments, additions, and deletions to the lntemational Property Maintenance Code. The International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 11 1, International Property Maintenance Code. (2) The Housing Official shall be known as the Building Official." PASSED and APPROVED on %7/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: S 495.52 75465596 Sept 19, 2021