- BUILDING REGULATIONS
In addition to the specific provisions provided hereinafter, the following general provisions shall apply to the Building Code, Electric Code, Gas Code, Mechanical Code and the Plumbing Code.
(A)
Permits.
(1)
Fees Paid. A permit shall not be issued until the fees prescribed have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems has been paid.
(2)
Expiration. Every permit issued hereunder shall expire by limitation and become null and void if construction/installation authorized by permit is not commenced within six (6) months from the date of such permit, or if the construction/installation authorized by such permit is abandoned for a period of six (6) months at any time after the construction/installation is commenced. Before such installation can begin or be recommended, a permit extension fee shall be paid or a new permit shall be secured for the unfinished portion of the installation as required by the building official.
(B)
Liability Insurance.
(1)
The following shall be required to carry liability insurance.
(a)
Every licensed master electrician applying for an electrical permit;
(b)
Every licensed supervising gas filter actively engaged in gas installations;
(c)
Every licensed mechanical/HVACR licensee engaged in mechanical installations.
(d)
Every licensed master plumber actively engaged in plumbing installations.
(2)
Liability insurance shall be carried as set out below:
• General aggregate $100,000.00
• Personal and advertising $100,000.00
• Each occurrence $100,000.00
Each certificate shall indicate name of insurance company issuing policy, name of insured, policy number, effective and expiration date, and signature of authorized representative of insurance company.
(C)
Responsibilities of Permit Applicant.
(1)
Notice to City. It shall be the duty of the permit applicant or his authorized representative to give notice to the city Building Safety Division when an installation is ready for an inspection.
(2)
Installation Ready for Inspection. It shall be the duty of the permit applicant to make sure that the installation is ready for inspection before the inspection is requested.
(3)
Provide Ready Access. It shall be the duty of the permit applicant to provide ready access to the premises where the requested inspection is to be made.
(D)
Exemptions. The assembly and erection of approved equipment by the manufacturer of such equipment, except electrical, gas, mechanical, and plumbing connections to said equipment, shall be exempt from permitting and inspection provisions.
(E)
Uncovering Work. Any installation or part thereof which is installed, altered, or repaired and covered before being inspected shall be uncovered for inspection as required by the Building Official.
(F)
Certificate of Occupancy.
(1)
Required. In addition to the building permit fee, buildings and parts of buildings shall not be occupied before a certificate of occupancy is executed and issued by the Building Official.
(2)
Copy upon Request. The owner of a single-family and multi-family residential dwelling will receive a copy of the certificate of occupancy if requested.
(3)
Temporary Certificate of Occupancy. A temporary certificate of occupancy may be executed and issued by the Building Official to allow buildings or parts of buildings to be occupied before completion of the entire scope of work.
(a)
Duration. Temporary Certificates of Occupancy are valid for a maximum of thirty (30) days. Temporary certificates must be renewed at expiration until the final Certificate of Occupancy is issued.
(b)
Request. A written request must be submitted by the building owner or permit applicant prior to issuance of a Temporary Certificate of Occupancy.
(c)
The Building Official shall have the discretion to issue a Temporary Certificate of Occupancy based upon the circumstances of hardship beyond the permit holder's control, the past performance of an applicant to successfully comply with the terms of Temporary Certificate of Occupancy issuance, or an applicant's failure to maintain a previously issued Temporary Certificate of Occupancy. In most circumstances, no new Temporary Certificate of Occupancy will be issued to a developer or builder (regardless if the builder or developer uses different corporate or LLC names) who has one (1) or more overdue Temporary Certificates of Occupancy or has otherwise not complied with previous commitments, requirements or terms of a previous Temporary Certificate of Occupancy until the entire backlog of Temporary Certificates of Occupancy with any problems has been remedied to the satisfaction of the Building Official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 2, 7-16-19)
(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 × 24 inches × 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; Ord. No. 6471, §1, 9-7-21)
(A)
Adoption by Reference. There is hereby adopted by the City Council of the City of Fayetteville, Arkansas, by reference thereto the provisions set forth in the Arkansas Board of Electrical Examiners Act, Arkansas Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners governing the construction, installation and inspection of electrical wiring, electrical equipment, and electrical installations, pursuant to the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time hereafter be amended, save and except such as may be deleted, modified, or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas Board of Electrical Examiners Act, Arkansas Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners governing the construction, installation, and inspection of electrical wiring, electrical equipment, and electrical installations shall be amended as follows:
(1)
Responsibilities of a Master Electrician. It shall be the duty of the master electrician to require apprentice electricians to register annually with the city Building Safety Division before doing electrical work and to inform the Building Safety Division when said apprentice is terminated.
(2)
Exemptions. The following shall be exempt from these provisions:
(a)
Public Utility. Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Public Service Commission, or by a rural electric cooperative, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards.
(b)
Department of Labor, Elevator Safety Division. Electrical work regulated by the Arkansas Department of Labor, Elevator Safety Division.
(c)
Minor Repair. A permit is not required for minor repair, replacement of fuses and lamps, or connections of portable electrical equipment to permanently installed receptacles.
(3)
Permits Required; Qualifications.
(a)
Application. All electrical work, unless specifically exempt herein, shall require the application and approval of an electrical permit from the city Building Safety Division prior to beginning electrical installations in the corporate limits of the city.
(b)
Issuance. The city Building Safety Division is authorized to issue electrical permits to the following:
(i)
Arkansas state licensed master electricians.
(ii)
Arkansas state licensed industrial maintenance electrician for an electrical permit on or within an industrial or manufacturing type facility.
(iii)
A permit may be issued to a property owner to install electrical installations in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his home. Such electrical work must strictly comply with the requirements of this chapter.
(4)
Power Company.
(a)
Meter Installation. An electrical utility power company shall not install a meter before approval is received from the Building Safety Division when there have been changes, additions, alterations, and/or repairs to the electrical system.
(b)
Faulty Electrical Wiring. An electrical utility power company shall not install a meter when faulty electrical wiring is evident and a hazard exists.
(c)
Existing Installation. Nothing herein shall be so construed as to require approval from the Building Safety Division before a meter is installed on an existing installation unless some change has been made and/or a hazard exists to the electrical system.
(C)
Inspections and Tests.
(1)
Inspections of electrical installations shall be requested and approved by the Building Safety Division before covering as follows:
(a)
Temporary construction meter;
(b)
Underground;
(c)
In concrete or under concrete;
(d)
Rough-in;
(e)
Meter; and/or,
(f)
Final.
(2)
Tests on electrical work shall be performed by the master electrician as required by the Building official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 6, 7-16-19)
Editor's note— Ord. No. 6206, §5, adopted July 16, 2019, repealed §173.03, and renumbered §§173.04—173.11 as 173.03—173.10, as set out herein. The former §173.03 pertained to fire zones and derived from the Code of 1965, §16-1; Ord. No. 885, adopted Oct. 1, 1945; the Code of 1991, §§151.01, 151.02, and 151.03; and Ord. No. 4100, §2(Exh. A), adopted June 16, 1998.
(A)
Adoption by Reference. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Fuel Gas Code, Rules and Regulations of the State Board of Health governing the construction, installation and inspection of consumer's gas piping, gas appliances and gas equipment, duly adopted and promulgated by the Arkansas State Board of Health, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time hereafter be amended, save and except such portions of said code as may be deleted, modified or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas State Fuel Gas Code, Rules and Regulations of the State Board of Health, governing the construction, installation and inspection of consumer's gas piping and gas appliances and gas equipment shall be amended as follows:
(1)
Exemptions. The following shall be exempt from these provisions:
(a)
Gas Company. Nothing herein shall be construed as applying to a gas company, its agents, servants, and employees conducting its business under the franchise granted by the city in the installation, repair, maintenance, removal or replacement of gas piping machinery or equipment owned or operated by the gas company in the city.
(b)
Gas Meter. Nothing herein shall be so construed as to require a permit and inspection from the city Building Safety Division before a gas meter can be set unless some change has been made in gas installation since service was disconnected.
(2)
Permit Required; Qualifications.
(a)
Application. A gas permit shall be applied for and obtained from the city Building Safety Division prior to beginning gas installations in the corporate limits of the city.
(b)
Issuance. The city Building Safety Division is authorized to issue gas permits to the following:
(i)
State licensed supervising gas fitter.
(ii)
State licensed master plumbers.
(iii)
A permit may be issued to a property owner to install gas installations in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his home. Such gas installations must strictly comply with the requirements of this chapter.
(3)
Miscellaneous Provisions. All underground plastic as piping shall have a #14AWG copper or large tracer wire with moisture resistant thermoplastic insulation installed in the same trench with the underground plastic piping. Said tracer wire shall be continuous and secured to the piping above ground.
(C)
Inspection and Tests.
(1)
Inspections of gas installations shall be made before covering, and with required tests as follows:
(a)
Underground;
(b)
Rough-in; and/or
(c)
Final.
(2)
Tests as required by code shall remain on any addition, alteration, repair, and new piping installations until the installation has been approved by a Building Official.
(Code 1965, §§15-69, 15-61, 15-76, 15-70; Ord. No. 1432, 02-15-65; Ord. No. 1741, 06-01-70; Ord. No. 2256, 07-20-76; Ord. No. 2033, 08-06-74; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 7, 7-16-19)
Editor's note— See editor's note to §173.03.
(A)
Adoption by Reference. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Plumbing Code, Rules and Regulations of the State Board of Health, governing the construction, installation and inspection of plumbing and drainage, duly adopted and promulgated by the Arkansas State Board of Health, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time hereafter be amended, save and except such portions of said code as may be deleted, modified, or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas State Plumbing Code, Rules and Regulations of the State Board of Health, governing the construction, installation, and inspection of plumbing and drainage shall be amended as follows:
(1)
Permits Required; Qualifications.
(a)
Application. All plumbing work, unless specifically exempt herein, shall require the application for and approval of a plumbing permit from the city Building Safety Division, prior to beginning plumbing installations in the corporate limits of the city, and on water and sewer systems owned by the city outside of the city limits.
(b)
Documentation. No plumbing permit shall be issued until the following has been received:
(i)
Plumbing permit issued by the State Department of Health, as required.
(ii)
Plans and specifications approved by the State Department of Health, as required.
(iii)
State Department of Health approval of an individual sewage disposal system when a public sewer is not available for use.
(iv)
Building permit has been issued, if applicable.
(c)
Minor Repairs. No permit is required for minor repairs to faucet, valves, pipes, appliances, and the removal of stoppage.
(d)
Issuance. The city Building Safety Division is authorized to issue plumbing permits to the following:
(i)
State licensed master plumbers.
(ii)
A permit may be issued to a property owner to install plumbing in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his home. Such plumbing work must strictly comply with the requirements of this chapter.
(2)
Failure to Permit and Inspect. Water meters shall not be allowed for installations that have not been permitted and inspected.
(C)
Inspection and Tests.
(1)
Inspections of plumbing installations shall be made before covering, and with required test as follows:
(a)
Underground;
(b)
Under slab;
(c)
Rough-in; and/or
(d)
Multi-story rough-in; and
(e)
Final.
(2)
The building official shall have the right to inspect and may require tests for existing plumbing installations when there is reason to believe that such system is not safe for the use it is intended. When such inspection or tests indicate a faulty or unsafe system, the system shall be made safe to the satisfaction of the building official before the system is used.
(Code 1965, §§15-1, 15-9, 15-3 15-4; Ord. No. 1433, 02-15-65; Ord. No. 1861, 04-13-72; Ord. No. 3228, 11-18-86; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 8, 9, 7-16-19)
Editor's note— See editor's note to §173.03.
(A)
Adoption by Reference. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Mechanical Code, Rules and Regulations of the State HVACR Board, including guidelines for estimating heat loss and gain, governing the installation and inspection of mechanical systems duly adopted and promulgated by the Arkansas State HVACR Board, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State of Arkansas, as may from time to time hereafter be amended, save and except such portions of said code as may be deleted, modified, or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas State Mechanical Code, Rules and Regulations of the State HVACR Board, governing the installation and inspections of mechanical systems shall be amended as follows:
(1)
Application. All mechanical work, unless specifically exempt herein, shall require the application for and approval of a mechanical permit from the city Building Safety Division, prior to beginning mechanical installations in the corporate limits of the city.
(2)
Minor Repairs. No permit is required for minor repairs such as recharging of units, filter changes, and replacement of parts within the units.
(3)
Issuance. The city Building Safety Division is authorized to issue permits to the following:
(a)
State licensee;
(b)
A permit may be issued to a property owner for mechanical installations in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his/her home. Such mechanical work must strictly comply with the requirements of this chapter.
(C)
Inspection and Tests.
(1)
Underslab/underground;
(2)
Rough-in; and/or
(3)
Final.
(D)
Right to Inspect. The Building Official shall have the right to inspect and may require tests for existing mechanical installations when there is reason to believe that such system is not safe for the use intended. When such inspections or tests indicate a faulty or unsafe system, the system shall be made safe before the system is used.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 7-16-19)
Editor's note— See editor's note to §173.03.
(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.
(B)
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.
(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; Ord. No. 6471, §§2—4, 9-7-21)
Editor's note— See editor's note to §173.03.
(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. 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.
(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.
(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; Ord. No. 6471, §5, 9-7-21)
Editor's note— See editor's note to §173.03.
Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in A.C.A. §17-25-501 et seq., save and except such portions of said code as may be deleted, modified, or amended herein.
(Code, 1991, §151.31.5; Ord. No. 5563, 01-15-13; Ord. No. 6206, §5, 7-16-19)
Editor's note— See editor's note to §173.03.
(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.
(Ord. No. 6471, §4, 9-7-21)
Editor's note— Ord. No. 6471, §4, adopted Sept. 7, 2021, repealed the former §173.10, and enacted a new §173.10 as set out herein. The former §173.10 pertained to Standard Housing Code and derived from prior Code 1965, §6-34; Ord. No. 1558, adopted Aug. 21, 1967; Ord. No. 2885, adopted Jan. 4, 1983; Ord. No. 2299, adopted Dec. 21, 1976; Ord. No. 2709, adopted Mar. 24, 1981; prior Code 1991, §151.20, §151.22; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; Ord. No. 4124, §2, adopted Nov. 17, 1998; Ord. No. 5563, adopted Jan. 15, 2013; Ord. No. 6206, §5, adopted July 16, 2019.
Editor's note— See editor's note to §173.03.
Editor's note— See editor's note to §173.03.
- BUILDING REGULATIONS
In addition to the specific provisions provided hereinafter, the following general provisions shall apply to the Building Code, Electric Code, Gas Code, Mechanical Code and the Plumbing Code.
(A)
Permits.
(1)
Fees Paid. A permit shall not be issued until the fees prescribed have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems has been paid.
(2)
Expiration. Every permit issued hereunder shall expire by limitation and become null and void if construction/installation authorized by permit is not commenced within six (6) months from the date of such permit, or if the construction/installation authorized by such permit is abandoned for a period of six (6) months at any time after the construction/installation is commenced. Before such installation can begin or be recommended, a permit extension fee shall be paid or a new permit shall be secured for the unfinished portion of the installation as required by the building official.
(B)
Liability Insurance.
(1)
The following shall be required to carry liability insurance.
(a)
Every licensed master electrician applying for an electrical permit;
(b)
Every licensed supervising gas filter actively engaged in gas installations;
(c)
Every licensed mechanical/HVACR licensee engaged in mechanical installations.
(d)
Every licensed master plumber actively engaged in plumbing installations.
(2)
Liability insurance shall be carried as set out below:
• General aggregate $100,000.00
• Personal and advertising $100,000.00
• Each occurrence $100,000.00
Each certificate shall indicate name of insurance company issuing policy, name of insured, policy number, effective and expiration date, and signature of authorized representative of insurance company.
(C)
Responsibilities of Permit Applicant.
(1)
Notice to City. It shall be the duty of the permit applicant or his authorized representative to give notice to the city Building Safety Division when an installation is ready for an inspection.
(2)
Installation Ready for Inspection. It shall be the duty of the permit applicant to make sure that the installation is ready for inspection before the inspection is requested.
(3)
Provide Ready Access. It shall be the duty of the permit applicant to provide ready access to the premises where the requested inspection is to be made.
(D)
Exemptions. The assembly and erection of approved equipment by the manufacturer of such equipment, except electrical, gas, mechanical, and plumbing connections to said equipment, shall be exempt from permitting and inspection provisions.
(E)
Uncovering Work. Any installation or part thereof which is installed, altered, or repaired and covered before being inspected shall be uncovered for inspection as required by the Building Official.
(F)
Certificate of Occupancy.
(1)
Required. In addition to the building permit fee, buildings and parts of buildings shall not be occupied before a certificate of occupancy is executed and issued by the Building Official.
(2)
Copy upon Request. The owner of a single-family and multi-family residential dwelling will receive a copy of the certificate of occupancy if requested.
(3)
Temporary Certificate of Occupancy. A temporary certificate of occupancy may be executed and issued by the Building Official to allow buildings or parts of buildings to be occupied before completion of the entire scope of work.
(a)
Duration. Temporary Certificates of Occupancy are valid for a maximum of thirty (30) days. Temporary certificates must be renewed at expiration until the final Certificate of Occupancy is issued.
(b)
Request. A written request must be submitted by the building owner or permit applicant prior to issuance of a Temporary Certificate of Occupancy.
(c)
The Building Official shall have the discretion to issue a Temporary Certificate of Occupancy based upon the circumstances of hardship beyond the permit holder's control, the past performance of an applicant to successfully comply with the terms of Temporary Certificate of Occupancy issuance, or an applicant's failure to maintain a previously issued Temporary Certificate of Occupancy. In most circumstances, no new Temporary Certificate of Occupancy will be issued to a developer or builder (regardless if the builder or developer uses different corporate or LLC names) who has one (1) or more overdue Temporary Certificates of Occupancy or has otherwise not complied with previous commitments, requirements or terms of a previous Temporary Certificate of Occupancy until the entire backlog of Temporary Certificates of Occupancy with any problems has been remedied to the satisfaction of the Building Official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 2, 7-16-19)
(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 × 24 inches × 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; Ord. No. 6471, §1, 9-7-21)
(A)
Adoption by Reference. There is hereby adopted by the City Council of the City of Fayetteville, Arkansas, by reference thereto the provisions set forth in the Arkansas Board of Electrical Examiners Act, Arkansas Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners governing the construction, installation and inspection of electrical wiring, electrical equipment, and electrical installations, pursuant to the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time hereafter be amended, save and except such as may be deleted, modified, or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas Board of Electrical Examiners Act, Arkansas Electrical Code Authority Act, and Regulations for the Board of Electrical Examiners governing the construction, installation, and inspection of electrical wiring, electrical equipment, and electrical installations shall be amended as follows:
(1)
Responsibilities of a Master Electrician. It shall be the duty of the master electrician to require apprentice electricians to register annually with the city Building Safety Division before doing electrical work and to inform the Building Safety Division when said apprentice is terminated.
(2)
Exemptions. The following shall be exempt from these provisions:
(a)
Public Utility. Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Public Service Commission, or by a rural electric cooperative, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards.
(b)
Department of Labor, Elevator Safety Division. Electrical work regulated by the Arkansas Department of Labor, Elevator Safety Division.
(c)
Minor Repair. A permit is not required for minor repair, replacement of fuses and lamps, or connections of portable electrical equipment to permanently installed receptacles.
(3)
Permits Required; Qualifications.
(a)
Application. All electrical work, unless specifically exempt herein, shall require the application and approval of an electrical permit from the city Building Safety Division prior to beginning electrical installations in the corporate limits of the city.
(b)
Issuance. The city Building Safety Division is authorized to issue electrical permits to the following:
(i)
Arkansas state licensed master electricians.
(ii)
Arkansas state licensed industrial maintenance electrician for an electrical permit on or within an industrial or manufacturing type facility.
(iii)
A permit may be issued to a property owner to install electrical installations in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his home. Such electrical work must strictly comply with the requirements of this chapter.
(4)
Power Company.
(a)
Meter Installation. An electrical utility power company shall not install a meter before approval is received from the Building Safety Division when there have been changes, additions, alterations, and/or repairs to the electrical system.
(b)
Faulty Electrical Wiring. An electrical utility power company shall not install a meter when faulty electrical wiring is evident and a hazard exists.
(c)
Existing Installation. Nothing herein shall be so construed as to require approval from the Building Safety Division before a meter is installed on an existing installation unless some change has been made and/or a hazard exists to the electrical system.
(C)
Inspections and Tests.
(1)
Inspections of electrical installations shall be requested and approved by the Building Safety Division before covering as follows:
(a)
Temporary construction meter;
(b)
Underground;
(c)
In concrete or under concrete;
(d)
Rough-in;
(e)
Meter; and/or,
(f)
Final.
(2)
Tests on electrical work shall be performed by the master electrician as required by the Building official.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 6, 7-16-19)
Editor's note— Ord. No. 6206, §5, adopted July 16, 2019, repealed §173.03, and renumbered §§173.04—173.11 as 173.03—173.10, as set out herein. The former §173.03 pertained to fire zones and derived from the Code of 1965, §16-1; Ord. No. 885, adopted Oct. 1, 1945; the Code of 1991, §§151.01, 151.02, and 151.03; and Ord. No. 4100, §2(Exh. A), adopted June 16, 1998.
(A)
Adoption by Reference. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Fuel Gas Code, Rules and Regulations of the State Board of Health governing the construction, installation and inspection of consumer's gas piping, gas appliances and gas equipment, duly adopted and promulgated by the Arkansas State Board of Health, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time hereafter be amended, save and except such portions of said code as may be deleted, modified or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas State Fuel Gas Code, Rules and Regulations of the State Board of Health, governing the construction, installation and inspection of consumer's gas piping and gas appliances and gas equipment shall be amended as follows:
(1)
Exemptions. The following shall be exempt from these provisions:
(a)
Gas Company. Nothing herein shall be construed as applying to a gas company, its agents, servants, and employees conducting its business under the franchise granted by the city in the installation, repair, maintenance, removal or replacement of gas piping machinery or equipment owned or operated by the gas company in the city.
(b)
Gas Meter. Nothing herein shall be so construed as to require a permit and inspection from the city Building Safety Division before a gas meter can be set unless some change has been made in gas installation since service was disconnected.
(2)
Permit Required; Qualifications.
(a)
Application. A gas permit shall be applied for and obtained from the city Building Safety Division prior to beginning gas installations in the corporate limits of the city.
(b)
Issuance. The city Building Safety Division is authorized to issue gas permits to the following:
(i)
State licensed supervising gas fitter.
(ii)
State licensed master plumbers.
(iii)
A permit may be issued to a property owner to install gas installations in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his home. Such gas installations must strictly comply with the requirements of this chapter.
(3)
Miscellaneous Provisions. All underground plastic as piping shall have a #14AWG copper or large tracer wire with moisture resistant thermoplastic insulation installed in the same trench with the underground plastic piping. Said tracer wire shall be continuous and secured to the piping above ground.
(C)
Inspection and Tests.
(1)
Inspections of gas installations shall be made before covering, and with required tests as follows:
(a)
Underground;
(b)
Rough-in; and/or
(c)
Final.
(2)
Tests as required by code shall remain on any addition, alteration, repair, and new piping installations until the installation has been approved by a Building Official.
(Code 1965, §§15-69, 15-61, 15-76, 15-70; Ord. No. 1432, 02-15-65; Ord. No. 1741, 06-01-70; Ord. No. 2256, 07-20-76; Ord. No. 2033, 08-06-74; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 7, 7-16-19)
Editor's note— See editor's note to §173.03.
(A)
Adoption by Reference. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Plumbing Code, Rules and Regulations of the State Board of Health, governing the construction, installation and inspection of plumbing and drainage, duly adopted and promulgated by the Arkansas State Board of Health, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State of Arkansas, and as may from time to time hereafter be amended, save and except such portions of said code as may be deleted, modified, or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas State Plumbing Code, Rules and Regulations of the State Board of Health, governing the construction, installation, and inspection of plumbing and drainage shall be amended as follows:
(1)
Permits Required; Qualifications.
(a)
Application. All plumbing work, unless specifically exempt herein, shall require the application for and approval of a plumbing permit from the city Building Safety Division, prior to beginning plumbing installations in the corporate limits of the city, and on water and sewer systems owned by the city outside of the city limits.
(b)
Documentation. No plumbing permit shall be issued until the following has been received:
(i)
Plumbing permit issued by the State Department of Health, as required.
(ii)
Plans and specifications approved by the State Department of Health, as required.
(iii)
State Department of Health approval of an individual sewage disposal system when a public sewer is not available for use.
(iv)
Building permit has been issued, if applicable.
(c)
Minor Repairs. No permit is required for minor repairs to faucet, valves, pipes, appliances, and the removal of stoppage.
(d)
Issuance. The city Building Safety Division is authorized to issue plumbing permits to the following:
(i)
State licensed master plumbers.
(ii)
A permit may be issued to a property owner to install plumbing in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his home. Such plumbing work must strictly comply with the requirements of this chapter.
(2)
Failure to Permit and Inspect. Water meters shall not be allowed for installations that have not been permitted and inspected.
(C)
Inspection and Tests.
(1)
Inspections of plumbing installations shall be made before covering, and with required test as follows:
(a)
Underground;
(b)
Under slab;
(c)
Rough-in; and/or
(d)
Multi-story rough-in; and
(e)
Final.
(2)
The building official shall have the right to inspect and may require tests for existing plumbing installations when there is reason to believe that such system is not safe for the use it is intended. When such inspection or tests indicate a faulty or unsafe system, the system shall be made safe to the satisfaction of the building official before the system is used.
(Code 1965, §§15-1, 15-9, 15-3 15-4; Ord. No. 1433, 02-15-65; Ord. No. 1861, 04-13-72; Ord. No. 3228, 11-18-86; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 8, 9, 7-16-19)
Editor's note— See editor's note to §173.03.
(A)
Adoption by Reference. There is hereby adopted by the City Council by reference thereto the provisions set forth in the Arkansas State Mechanical Code, Rules and Regulations of the State HVACR Board, including guidelines for estimating heat loss and gain, governing the installation and inspection of mechanical systems duly adopted and promulgated by the Arkansas State HVACR Board, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the State of Arkansas, as may from time to time hereafter be amended, save and except such portions of said code as may be deleted, modified, or amended herein.
(B)
Amendments, Additions, and Deletions. The Arkansas State Mechanical Code, Rules and Regulations of the State HVACR Board, governing the installation and inspections of mechanical systems shall be amended as follows:
(1)
Application. All mechanical work, unless specifically exempt herein, shall require the application for and approval of a mechanical permit from the city Building Safety Division, prior to beginning mechanical installations in the corporate limits of the city.
(2)
Minor Repairs. No permit is required for minor repairs such as recharging of units, filter changes, and replacement of parts within the units.
(3)
Issuance. The city Building Safety Division is authorized to issue permits to the following:
(a)
State licensee;
(b)
A permit may be issued to a property owner for mechanical installations in a single-family residence, provided the property owner does the work himself, and the building is owned and occupied by such owner as his/her home. Such mechanical work must strictly comply with the requirements of this chapter.
(C)
Inspection and Tests.
(1)
Underslab/underground;
(2)
Rough-in; and/or
(3)
Final.
(D)
Right to Inspect. The Building Official shall have the right to inspect and may require tests for existing mechanical installations when there is reason to believe that such system is not safe for the use intended. When such inspections or tests indicate a faulty or unsafe system, the system shall be made safe before the system is used.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6206, §§1, 5, 7-16-19)
Editor's note— See editor's note to §173.03.
(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.
(B)
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.
(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; Ord. No. 6471, §§2—4, 9-7-21)
Editor's note— See editor's note to §173.03.
(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. 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.
(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.
(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; Ord. No. 6471, §5, 9-7-21)
Editor's note— See editor's note to §173.03.
Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in A.C.A. §17-25-501 et seq., save and except such portions of said code as may be deleted, modified, or amended herein.
(Code, 1991, §151.31.5; Ord. No. 5563, 01-15-13; Ord. No. 6206, §5, 7-16-19)
Editor's note— See editor's note to §173.03.
(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.
(Ord. No. 6471, §4, 9-7-21)
Editor's note— Ord. No. 6471, §4, adopted Sept. 7, 2021, repealed the former §173.10, and enacted a new §173.10 as set out herein. The former §173.10 pertained to Standard Housing Code and derived from prior Code 1965, §6-34; Ord. No. 1558, adopted Aug. 21, 1967; Ord. No. 2885, adopted Jan. 4, 1983; Ord. No. 2299, adopted Dec. 21, 1976; Ord. No. 2709, adopted Mar. 24, 1981; prior Code 1991, §151.20, §151.22; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; Ord. No. 4124, §2, adopted Nov. 17, 1998; Ord. No. 5563, adopted Jan. 15, 2013; Ord. No. 6206, §5, adopted July 16, 2019.
Editor's note— See editor's note to §173.03.
Editor's note— See editor's note to §173.03.