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Development Code is outdated and should be replaced by the International Property Maintenance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
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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
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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
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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