TITLE 11 BUILDINGS AND CONSTRUCTION Chapters. 11.04 Building Permit 11.08 Plumbing Code 11.12 Fire Prevention Code 11.16 Fair Housing 11.20 Building Code 11.24 Numbering and Naming Streets CHAPTER 11.04 BUILDING PERMIT Sections: 11.04.01 Building permit 11.04.02 Fees 11.04.03 Fine 11.04.04 Permit displayed 11.04.05 City Inspector 11.04.06 Additional permits 11.04.07 Penalties for interference with equipment 11 04.01 Building permit From and after the passage and approval of this ordinance, any person, partnership, firm, or corporation responsible for commencing or engaging in the construction, addition, fencing,building,re-plumbing, or re-wiring of any building or structure, of any kind or nature, inside the city limits of the city of Ozark,Arkansas, shall apply for and obtain a building permit from the City Clerk of the city of Ozark and pay a fee therefore. (Ord. No. 2003-15, Sec. 1.) 11.04.02 Fees The charge for such permit shall be based upon the use designation listed below and in accordance with the schedule of fees listed below: 153 Building Permit & Inspection Schedule Residential—based on square footage of each family unit or dwelling. If there are multiple units, then each family unit is considered separately. Building,permit $.0.05 per square foot of heated space Electrical permit $50.00 plus one inspection fee of$15.00 Plumbing permit $50.00 plus one inspection fee of$15.00 Heat& air permit $15.00 for the first unit plus one inspection fee of$15.00. Each additional unit shall be $10.00 A. Inspections required but not covered under permit schedule will be at a charge of $15.00 per trip. B. Inspection required will be in accordance with SBCCI B015.6 schedule. If an inspection is made,but work performed does not meet code,there will be an additional $15.00 for return inspection. Twenty-four(24)hour notice is required for all inspections. C. For all demolition and house moving there will be a$15.00 water/sewer inspection fee. The mover of a building or structure shall furnish to the city of Ozark proof of insurance to pay for all damage that might result from the moving of said building or structure to or from public or private property in the city of Ozark. (Ord.No. 2003-15, Sec. 2.) Commercial—based on dollar value Building_permit $0 - $10,000.00 $15.00 inspection fee $10,001 and greater $61.00 plus $2.00 for each additional $1000 valuation or fraction thereof $50,001 and greater $141.00 plus $2.00 for each additional $1000 valuation or fraction thereof $100,000 and greater $241.00 plus $1.50 for each additional $1000 valuation or fraction thereof $1,000,001 and greater $1,591.00 plus $1.00 for each additional $1000 valuation or fraction thereof. 154 A. For sign erection and repair—same as rates for commercial building permits listed above. B. For residential construction consisting of four(4) or more residential units on one piece of property and a part of the same construction project,the commercial permit and inspection fees will apply. C. Require inspection @ $6.00 per trip SBCCI B 105.6 schedule. Electrical permit first 15 circuits @ $2.50 per circuit All circuits over 15 shall be @ $1.50 per circuit Inspections shall be made at$6.00 per inspection Plumbing permit Commode $3.00 Sinks $3.00 Lavatories $3.00 Showers $3.00 Bathtubs $3.00 Sewer $2.00 Washing machine $3.00 Floor drain $10.00 Dishwasher $5.00 Urinal $10.00 Water $2.00 Hot water heater $5.00 Drinking fountain $10.00 Gas service $2.00 Grease trap $20.00 A. Inspections will be made at $6.00 per inspection. B. Inspections required but not covered under permit schedule will be at a charge of $15.00 per trip. Heat, air&refrigeration- $30.00 per unit plus one $10.00 per ton per unit with a maximum of$250.00. Twenty-four(24)hour notice is required for all inspections. (Ord.No. 2003-15, Sec. 2.) 11.04.03 Fine It shall be unlawful for any person,partnership, firm, or corporation to fail to obtain such permits or show proof of insurance as provided herein, and any person, partnership, firm, or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and subject to a fine of not less than One Hundred Dollars ($100.00)nor more than Five Hundred Dollars ($500.00). (Ord.No. 2003-15, Sec. 3.) 155 11.04.04 Permit displayed If any person,partnership, firm, or corporation fails to display its permit on the building site,the City Inspector shall order that all construction cease until a permit is displayed. (Ord.No. 2003-15, Sec. 4.) 11.04.05 City Inspector The City Inspector of the city of Ozark shall make the inspections contemplated herein. (Ord.No. 2003-15, Sec. 5.) 11 04.06 Additional permits After the expiration of six(6)months from the date of the initial permit, if construction is not completed, an additional permit shall be applied for and obtained from the city of Ozark, however,there shall be no additional permit fee for the renewal application. (Ord.No. 2003-15, Sec. 6.) 11 04 07 Penalties for interference with equipment A. It shall be unlawful for any person or persons to in any way tamper with,harm or destroy the meters,values,regulators,transmission or distribution lines, or any of the appurtenances therein attached or other property of any person, firm, commission or corporation,which is legally authorized to serve the inhabitants of the city of Ozark with natural or artificial gas, electric energy or water for domestic, commercial or industrial purposes. (Ord.No. 241, Sec. 1.) B. It shall be the duty of the proper authorities of the city of Ozark to arrest and try such person or persons,who may come before them charged with the violation of this ordinance and upon being found guilty,they shall be fined One Hundred Dollars ($100.00),together with such costs as may be incurred in the matter. (Ord.No. 98-20, Sec. 1.) CHAPTER 11.08 PLUMBING CODE Sections: 11.08.01 Definitions 11.08.02 State code 11.08.03 Plumbing Inspector 11.08.04 Permit 11.08.05 Bond required 11.08.06 Street openings 11.08.07 Penalties 156 11.08.01 Definitions Plumbing is defined as the definitions of Act 200 of the 1951 of Arkansas and the Arkansas State Plumbing Code. (Ord.No. 112, Sec. 1.) 11.08.02 State code The provisions and regulations of the Arkansas State Plumbing Code, and amendments thereto, adopted by the State Board of Health of Arkansas are hereby made a part of this ordinance by reference,three (3) certified copies of which shall be on file in the office of the City Recorder, and shall extend over and govern the installation of all plumbing installed, altered or repaired in the city of Ozark, Arkansas. (Ord.No. 112, Sec. 2.) 11.08.03 Plumbing Inspector A. There is hereby created the position of Plumbing Inspector who shall be appointed by the Mayor, subject to confirmation by the City Council. B. The Plumbing Inspector shall receive as full compensation for his services as such inspector, seventy-five percent(75%)of all plumbing inspection fees collected by the city. C. The Plumbing Inspector shall have experience in the business of plumbing to the extent that enables him to know when plumbing is installed in accordance with the provisions of the code. He shall not be connected in any way with any person, firm or corporation directly or indirectly engaged in the business of plumbing or plumbing supplies. D. It shall be the duty of the Plumbing Inspector to enforce all provisions of this ordinance and the Plumbing Inspector is hereby granted the authority to enter all buildings in the city of Ozark, in the performance of his duties,between the hours of 8:00 a.m. and 5:00 p.m. daily. The Pluming Inspector shall issue permits for plumbing work as herein provided and shall prepare suitable forms for applications,permits and other reports. E. It shall be the duty of the Plumbing Inspector to inspect and test all plumbing work for compliance with the code. (Ord.No. 112, Sec. 3.) 11.08.04 Permit A. Before beginning any plumbing work in the city of Ozark,the person installing same shall apply to the Plumbing Inspector, or other designated official, and obtain a permit to do such work. Only those persons authorized to do plumbing may be issued permits. 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. • 157 B. Application for permits shall be made on suitable forms provided by the Plumbing Inspector. The application shall be accompanied by fees in accordance with the following schedule: Plumbing roughing-in inspection $1.00 Each plumbing fixture and waste discharge device .50 New or reconstructed sewer connection $1.00 Each septic tank $2.00 For final certificate on inspection $1.00 An additional fee of$2.00 shall be charged for each additional trip on the part of the Plumbing Inspector, caused by the negligence of the plumber,which shall be paid by the plumber without charge to the property owner. (Ord.No. 112, Sec. 4.) 11.08.05 Bond required Every master plumber doing business in the city of Ozark shall execute and deliver to the city bond with a surety bonding company in the sum of$1,000.00 to indemnify the city, or any citizen, for any damage caused by the failure of such master plumber to comply strictly with the provision of this ordinance. No plumbing permit shall be issued to any master plumber unless this bond has been delivered to the city and is in full force and effect. (Ord.No. 112, Sec. 5.) 11.08.06 Street openings A. All openings made in the public streets, alleys or sidewalks to install plumbing must be made as carefully as possible and all materials excavated from the trenches shall be removed or placed where the least inconvenience to the public will be caused. B. All openings must be replaced in precisely the same condition as before the excavation started and all rubbish and material must be removed at once, leaving street, alley or sidewalk clean and in perfect repair. C. All openings shall be marked with sufficient barriers. Flares or red lamps shall be maintained around the opening at night and all other precautions shall be taken by the plumber or excavator to protect the public from damage to person or property. (Ord.No. 112, Sec. 6.) 11.08.07 Penalties Any person, firm or corporation found guilty of violating any of the provisions of this ordinance shall be subject to a fine of not less than Ten Dollars ($10.00),not more than One Hundred Dollars ($100.00),together with the costs of such prosecution. Each day during which the violation continues shall be a separate offense. (Ord.No. 112, Sec. 7.) 158 CHAPTER 11.12 FIRE PREVENTION CODE Sections: 11.12.01 Municipal Fire Marshal 11.12.02 Powers 11.12.01 Municipal Fire Marshal For purposes of this ordinance, Municipal Fire Marshall means a person who hold a full time office or position of fire marshal created by ordinance in a city of the first class and who: A. is responsible for the detection and prevention of arson, the enforcement of laws relating to arson and other burning, and enforcement of the city and state Fire Prevention Codes; and B. has successfully completed a course of study for law enforcement officers approved by the Arkansas Commission on Law Enforcement Standards and Training; and C. has successfully completed an eighty(80)hour fire/arson investigation course offered by the National Fire Academy or the Arkansas Fire Training Academy or an equivalent course; and D. has completed a one (1) week fire safety inspection class offered by the National Fire Academy or the Arkansas Fire Training Academy or an equivalent class. (Ord. No. 2008-10, Sec. 1.) 11.12.02 Powers A municipal Fire Marshal is hereby authorized and empowered to carry a weapon and to make arrests for violations of the laws relating to arson and other unlawful burning. (Ord. No. 2008-10, Sec. 2.) CHAPTER 11.16 FAIR HOUSING Sections: 11.16.01 Command 11.16.02 Administration 11.16.03 Education 159 11.16.04 Complaint procedure 11.16.05 Enforcement and penalty 11.16.01 Command The United States Congress has declared that all citizens of the United States shall have the same right in every state and territory,thereof to inherit,purchase, lease, sell,hold, and convey real and personal property and has,thereby, declared fair and open housing to be the law of the land. It is hereby declared that the policy of the city of Ozark if to adhere to, comply with, and enforce all laws prohibiting discriminatory policies and practices based on race, color, sex creed, or natural origin in relation to both the private and public sectors of the housing industry in the city of Ozark. Specifically, it is hereby declared to be the intention and purpose of the city of Ozark to comply with and enforce all provisions of law dealing with fair and open housing and non-discrimination in relation to local housing. The following acts are prohibited: A. discrimination in the sale or rental of housing, B. discrimination in the financing of housing, and C. discrimination in the provision of brokerage services. (Ord.No. 294, Sec. 1.) 11.16.02 Administration The designated official to whom complaints shall be made is the Mayor of Ozark, Gary Briley, at City Hall, Ozark,Arkansas. (Ord.No. 294, Sec. 2.) 11.16.03 Education The designated official shall initiate such educational activities as in his judgment will further the purposes of this ordinance. (Ord.No. 294, Sec. 3.) 11 16.04 Co plaint procedure The designated official will receive information concerning alleged violations from any person. Such person may file a complaint no later than thirty(30) days after the alleged discriminatory housing practice occurred. The complaint should contain written information sufficiently precise to identify the parties and describe generally the action or practice complained of. Within thirty(30) days after a complaint is filed,the designated official shall investigate the complaint and give notice in writing to the person aggrieved and to the respondent. (Ord.No. 294, Sec. 4.) 11 16.05 Enforcement and penalty If possible,the designated official will proceed to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Any person, firm or corporation who shall violate any provision of this ordinance by doing any act prohibited or declared to be unlawful thereby, or declared to be an offense or misdemeanor thereby, or who shall fail to do any act required by any such provision, or who shall fail to do any act such provision declares such failure to be unlawful or to be an offense or misdemeanor shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars($500.00),including costs. Each day upon which any such violation continues shall constitute a separate misdemeanor. (Ord.No. 294, Sec. 5.) 160 CHAPTER 11.20 BUILDING CODE Sections: 11.20.01 Adopted 11.20.02 Energy code 11.20.01 Adopted It is ordained by the city of Ozark,Arkansas,that the following codes are hereby adopted by reference as though they were copied herein fully: Standard Amusement Device Code— 1997 Edition Standard Building Code— 1997 Edition Standard Existing Buildings Code— 1997 Edition Standard Fire Prevention Code— 1997 Edition Standard Gas Code— 1997 Edition Standard Housing Code— 1997 Edition Standard Mechanical Code— 1997 Edition Standard Plumbing Code— 1997 Edition Standard Swimming Pool Code— 1997 Edition Standard Unsafe Building Abatement Code— 1985 Edition National Fire Protection Code— 1999 Edition (Ord.No. 99-21, Sec. 1.) 11.20.02 Energy code There is hereby adopted by the City Council of Ozark, Arkansas, for the purpose of establishing rules and regulations for energy efficient standards for new building construction,this code known as the 1994 Arkansas Energy Code, being particularly the 1994 edition thereof, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, of which not less than three (3) copies have been and now are filed in the office of the Clerk or Recorder of the city of Ozark, Arkansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures,therein contained within the corporate limits of the city of Ozark,Arkansas. (Ord.No. 95-16, Sec. 1.) CHAPTER 11.24 NUMBERING AND NAMING STREETS Sections: • 11.24.01 Baselines 161 11.24.02 Address numbers 11.24.03 Official address map 11.24.04 Assignment of numbers 11.24.05 Alignment of streets for numbering purposes 11.24.06 Display of numbers 11.24.07 Enforcement 11.24.08 Penalty 11.24.01 Baselines A system of baselines for numbering and naming the city's streets is established as follows: A. North/south baseline The north/south baseline shall be First Street from the Missouri Pacific Railroad north to Market Street, and from thence it shall run in a northerly direction one block east of Second Street, as shown on the official address map. From this line eastward and westward,beginning with the 100 block, addresses along east/west streets shall increase by 100 for each block as shown on the official address map. Names of east/west streets running east of the north/south baseline shall have the prefix"East" and those running west of the baseline shall be designated"West." B. East/west baseline The ease/west baseline shall be Commercial Street, running from the east city limits at Church Drive,westward to its intersection with Citadel College Road, and thence westward in a straight line as shown on the official address map. Addresses shall increase along north/south streets 100 for each block north and south of this baseline,beginning with the 100 block, and as shown on the official address map. North/south streets north of this baseline shall require a"North" designation in their names and those south of the line shall require a"South" designation. (Ord.No. 270, Sec. 1.) 11.24.02 Address numbers Lots of under 100 foot frontage shall require an interval of two numbers between lots. For larger lots,numbers shall increase at an interval of two for each 75 feet of frontage,more or less. In commercially-zoned districts, for numbering purposes, lots shall be a maximum of 50 feet. Odd and even numbers Facing westward from the north/south baseline, even numbers shall be on the right side of the street, and odd numbers on the left side of the street. Similarly, on north/south streets, even numbers shall be on the right, and odd numbers on the left as one has his back to the east/west baseline. Apartments and mobile narks Apartment projects and mobile home parks shall be given one primary street address,with each individual apartment unit or mobile home given a number based on the project's internal numbering system. (Ord.No. 270, Sec. 2.) 162 11.24.03 Official address map Attached hereto, and to be considered as a part of this ordinance, is a map setting forth the system of address ranges for the various lots within the city, said map to be known as the Official Address Map, and to be displayed for public inspection at the office of the Ozark City Clerk. (Ord.No. 270, Sec. 3.) 11.24.04 Assignment of numbers It shall be the duty of the City Clerk to assign numbers to structures based upon the system set forth in this ordinance. All assigned numbers shall be displayed upon the official address map. New numbers shall be assigned at the time when application is made for a building permit. No building permit shall be issued until a proper address is assigned. For land subdivided after the enactment of this ordinance, it shall be required of the subdivider to file a plat of the proposed subdivision with the City Clerk,who shall then proceed to assign numbers for each lot within the subdivision in accordance with the system established by this ordinance, and said subdivision,with the lots and numbers assigned thereto, shall be posted on the official address map. (Ord.No. 270, Sec. 4.) 11.24.05 Alignment of streets for numbering purposes For the purpose of providing addresses, a north/south street shall be considered a street whose alignment is predominately to the north and south. Similarly, an east/west street shall be considered a street whose alignment is predominately to the east and west. Where there are streets that are diagonal, it shall be the duty of the Building Inspector to determine for address purposes the alignment of the street. (Ord. No. 270, Sec. 5.) 11.24.06 Display of numbers Each owner of a dwelling or business shall be required to post that structure's assigned number in the following manners: Residences Numbers shall be at least three (3) inches in height, shall be posted within two (2) feet of the front door of the structure, and shall be highly visible from the street. In cases where the structure is not clearly visible from the street,the numbers may be posted on a gate or fence, or in any manner in which the numbers can be highly visible from the street. Businesses Businesses shall be required to post numbers within two (2) feet of the principal entrance of the structure. Numbers, which shall be a minimum of three(3) inches in height, can be reflective decals on structures which are predominately glass or metal. In all instances, numbers are required to be highly visible from the street. Mobile homes and mobile home parks Numbers for mobile homes shall be at least three (3) inches in height and shall be posted in a manner highly visible from the street. For mobile home parks, it shall be required of the park owner to post lot numbers, or not less than three (3) inches in size, on each occupied lot, and in such a manner as to be clearly visible from the street. (Ord.No. 270, Sec. 6.) 163 11.24.07 Enforcement No property shall be allowed to connect to the city's water and sewer system until said property shall have been assigned a number in accordance with the provisions of this ordinance; neither shall a building permit for a new structure be valid until an address has been assigned in accordance with the provisions of this ordinance. (Ord. No. 270, Sec. 8.) 11.24.08 Penalty Any person, firm,partnership, or corporation, responsible for complying with the city of Ozark Ord.No. 270 that fails to comply with such ordinance shall be deemed guilty of a misdemeanor and fined the sum of Fifty Dollars ($50.00) for the first offense, and Two Hundred Fifty Dollars ($250.00)for each subsequent offense. The residents of the city of Ozark that are responsible for complying with the city of Ozark Ord.No. 270 shall have until the 1St day of December, 1991,to comply with the provisions of the city of Ozark Ord. No. 270. (Ord. No. 91-19, Secs. 1-2.) 164