(A) Adoption by reference. The Arkansas Fire Prevention Code, being particularly the 2012 edition of which not less than three copies have been and are now filed in the office of the City Clerk-Treasurer are hereby adopted and incorporated as fully as set forth at length herein, and from the date on which this subchapter shall take effect, the provisions therein shall be controlling in the use, construction, repair, maintenance and occupancy of all dwellings, dwelling units and/or structures within the area of jurisdiction of the city. For the purpose of this section, the City Inspector, Code Enforcement Officer, their assistants, or any individual assigned by the Mayor, shall be the administrative authority authorized to enforce the provisions of this Code.
(B) Permit required.
(1) No construction, renovation or alteration shall be made in/or of any building or structure without a written permit therefor being first obtained from the city license issuing clerk by the person, firm, or corporation having direct change of such installation.
(2) Any work stated prior to securing the required permit will result in fine that is equivalent to double the normal permit fee.
(3) All permits will become invalid if work authorized has not commenced within six months of permit issuance date, or if the work authorized has been suspended or abandoned for a period of six months after work has commenced. Before work can resume a new permit must be obtained. The permit fee shall be ½ the amount of the original permit provided no changes have been made. A new, full permit fee shall be required in cases of change of contractors (sub-contractors are exempt). All permits are valid for a period of one year (365 days) after which a new permit is required.
(C) Bond and license.
(1) No persons hall engage in any construction work (as defined by the Arkansas Fire Prevention Code) until such person shall have secured a license as hereinafter provided and shall have executed and delivered to the city a good and sufficient bond in the penal sum of $5,000, with corporate surety, conditioned for the faithful performance of all such work, to indemnify the city or any citizen for any damage caused by the failure of such person, firm, or corporation doing the work entered upon or contracted for, in strict accordance and compliance with the provisions of this section. Annual renewal of the bond is required.
(2) Upon approval of said bond, the person desiring to do such work shall secure from the City Clerk-Treasurer a non-transferable occupational license which shall run until the first day of January next succeeding its issuance, unless sooner revoked. The person obtaining a license shall pay an annual license fee to the City Clerk-Treasurer, provided however, that any license obtained after the first day of July of any year shall be computed at the rate of ½ of the annual fee. Occupational licenses from other cities will be accepted with a reduced fee of $25.
(D) License to individual. A permit may be issued to a property owner to do work in his own home provided he has a current contractor’s license with the state or can submit sufficient proof that he possesses the knowledge and experience to such a degree that he is capable of constructing or repairing his own home according to the Arkansas Fire Prevention Code, and can show proof that he owns the home, is presently residing, or will reside in the structure after completion. Prior to the issuing of a permit the applicant must submit plans and specifications to the City Inspector and City Zoning Director for approval and complete an application.
(E) Inspections.
(1) Right of entry. City Inspectors are authorized to enter structures or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the officers may pursue such search authorizations as are provided by law.
(2) Inspections. City Inspectors shall make all of the inspections required by this Code. All reports of such inspections shall be documented and be certified by the responsible officer. Code Enforcement Officers are authorized to rely upon a responsible expert opinion as the officer deems necessary to report upon unusual technical issues that arise.
(3) Required testing. Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the City Inspector shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. Reports of tests shall be recorded an entered in the department files.
(4) Material and equipment reuse. Materials, equipment and devices shall not be reused unless a City Inspector finds that such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(5) Phased inspections.
(a) Footing/foundation inspection.
(b) Rough-in inspection.
(c) Final inspection.
(F) Standards. All construction, and all materials within the city shall conform to the rules and requirements of the Arkansas Fire Prevention Code current when work is performed or equipment and apparatus installed, however, the necessity, good service and said results often require more than the minimum which is specified in the Code. Therefore, the Inspector supervising the enforcement of this Code will have the responsibility and authority for making interpretations of the rules, for deciding upon the approval of equipment, materials, construction, and for granting the special permission contemplated in a number of the rules and the Inspector, where necessary, shall follow the code procedure for securing official interpretations of the Code.
(G) Demolition permit.
(1) Who may apply. Licensed wrecking contractor, or owner of land (owner of house, where house has been auctioned) where structure is not more than three stories high and has a floor area of less than 3,000 square feet. Where the structure exceeds three stories in height or 3,000 square feet, a permit will require a surety bond in an amount calculated by the city to indemnify the city or any citizen for any damage caused by the failure of such person, firm, or corporation doing the work entered upon or contracted for, in strict accordance and compliance with the provisions of this section.
(2) No person shall engage in any demolition work (as defined by the Arkansas Fire Prevention Code) where a structure is no more than three stories in height or 3,000 square feet, until such person shall have secured a license as hereinafter provided, have liability insurance required by state, and shall have executed and delivered to the city a good and sufficient bond in the penal sum of $5,000, with corporate surety, conditioned for the faithful performance of all such work, to indemnify the city or any citizen for any damage caused by the failure of such person, firm, or corporation during the work entered upon or contracted for, in strict accordance and compliance with the provisions of this section. Annual renewal of the bond is required.
(3) Upon approval of said bond, the person desiring to do such work shall secure from the City Clerk-Treasurer a non-transferable occupational license which shall run until the first day of January next succeeding its issuance, unless sooner revoked. The person obtaining a license shall pay an annual license fee to the City Clerk-Treasurer, provided however, that any license obtained after the first day of July of any year shall be computed at the rate of ½ the annual fee. Occupational licenses from other cities will be accepted with a reduced fee of $25.
(4) Information to be furnished on the demolition permit.
(a) Address and legal description.
(b) Dimension and number of stories to compute bond.
(c) No demolition permit will be issued until the applicant has furnished a certificate from the Sewer Department attesting to the fact that he has met their requirements regarding the closing of the sewer line and all other service utilities have been discontinued and completely disconnected in accordance with the rules and requirements of the city.
(d) Construction documents and a schedule for demolition must be submitted when required by the City Inspector. Where such information is required, no work shall be done until such construction documents or schedule, or both, are approved.
(5) Safety precautions.
(a) The work of demolishing any building shall not be commenced until pedestrian protection is in place as required by the City Inspector.
(b) A party wall balcony or horizontal exit shall not be destroyed unless and until a substitute means of egress has been provided and approved.
(c) Hot cutting by oxygen-acetylene or arc torches shall be permitted only in areas made fire safe by having a ten pound capacity dry chemical extinguisher within ten feet of the cutting operation. The cutting torch operator shall be responsible for watching for fires and shall examine all cutting operations 30 minutes after cutting ceased. A connected hose stream shall be available to the cutting operation as required by the City Inspector and/or Fire Department.
(d) A charged hose stream shall be provided during all wrecking operations requiring a safety inspection. See division (G)(6)(b).
(e) Where a sprinkler system exists, it shall be kept in operation on the floors below the point of demolition.
(f) Special precautions shall be taken where combustible materials are in the path of flying sparks.
(g) The burning of combustible rubbish is prohibited without written permission from the Fire Department.
(h) Free standing walls, columns, or chimneys shall not be left overnight.
(6) Inspections.
(a) On all demolition jobs a final inspection will be made to assure that:
1. All walls shall have been removed to ground level.
2. Where a structure has been demolished or removed, the vacant lot shall be filled and maintained to the existing grade or in accordance with the ordinances of the city. Provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.
3. No damage shall have been done to public sidewalks, curbs, gutters, streets, storm sewers, or other city property.
(b) On all demolition jobs over 3,000 square feet or over three stories in height a safety inspection shall be made to assure that:
1. The requirements of this chapter concerning barricades, walkways and proper use of public property shall have been met.
2. The safety precautions outlined in division (G)(5) above shall have been met to the satisfaction of the City Inspector and Fire Department.
(7) Completion date.
(a) Sixty days shall be allowed for the demolition of buildings with less than 3,000 square feet and three stories or less in height. A 30-day extension shall be granted upon written request by the applicant to the Inspection Department.
(b) Ninety days shall be allowed for the demolition of buildings having an area of 3,000 square feet to 10,000 square feet with the same extension of time as allowed in division (G)(7)(a) above.
(c) On buildings over 10,000 square feet, the completion date shall be set by the wrecking contractor. The same extension of time shall be allowed as in division (G)(7)(a) above.
(d) If the licensed wrecking contractor has not completed the demolition work and properly cleared the lot within the allotted time, the Inspection Department shall request that the City Attorney:
1. Require forfeiture of the cash bond;
2. Bring suit to require the bonding company to comply with the requirements of this chapter; or
3. In the event that the cash bond or the surety bond will not cover the cost of completing the demolition work as required by this chapter, the building official, after ascertaining the costs, shall cause such building or structure or portion thereof, to be moved and the lot cleared. Fees that may be incurred by the city for the removal of buildings and clearing of the lot shall be collected as provided by § 150.15(A) and (B).
(e) If the property owner has not completed the demolition work and cleared the lot within the required period of time of the Inspection Department shall cause such building to be demolished and the lot cleared. Fees that may be incurred by the city for the removal of buildings and clearing of lots shall be collected a provided by § 150.15(A) and (B).
(H) Violations. No person, firm, corporation or agent, shall violate a provision of this section, or fail to comply therewith, or with any of the requirements of the Code adopted hereby, nor shall any person erect, construct, alter, demolish or move any structure, in violation of the Codes adopted by this section.
(I) Revocation. The City Inspector is authorized, in writing, suspend or revoke a permit issued under the provision of this Code wherever the permit is issued in error, or the basis of incorrect information supplied, or whether it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any provision of this Code.
(Ord. 31, passed 7-23-68; Am. Ord. 90, passed 11-10-75; Am. Ord. 461, passed 1-21-14) Penalty, see § 150.99