S-31TITLE 11

BUILDINGS AND CONSTRUCTION

Chapters:

11.02 Building Official/Enforcement11.04 Building Permit11.06 Moving Structures11.08 Plumbing Code11.12 Electrical Code11.16 Mechanical Code11.20 Residential Code11.24 Energy Code11.28 Fire Prevention Code11.32 Building Code11.34 Property Maintenance Code11.36 Fuel Gas Code11.40 Condemned Structures11.44 Key Lock Box System

CHAPTER 11.02

BUILDING OFFICIAL/ENFORCEMENT

Sections:

11.02.01 Office of Building Official11.02.02 Authority/right of entry11.02.03 Enforcement11.02.04 Appeal

11.02.01 Office of Building Official There is hereby created within the city of Lincoln, Arkansas, the office of Building Official. The Building Official shall be the person responsible for all activities, including permitting, inspections and enforcement of the adopted codes within Title 11 of the Lincoln Municipal Code, including, but not limited to: The Plumbing Code; the Electrical Code; the Fire Prevention Code; the Residential Code; the Building Code; the Mechanical Code; the Gas Code; and the Energy Code. (Ord. No. 2008-10, Sec. 2.)

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11.02.02 Authoritv/right of entry The Building Official shall have the right to enter upon any property, building or structure located within the corporate limits of the city and any property, building or structure located outside the corporate limits of the city but connected to the city's water system, at any reasonable time, pursuant to their duties under this Title 11. (Ord. No. 200810, Sec. 2.)

11.02.03 Enforcement Whenever the Building Official shall determine that any condition exists which violates one or more of the adopted codes herein, he is authorized to undertake the following enforcement actions:

Notice of Violation The Building Official shall issue a written Notice of Violation to the person responsible for the violating condition, starting the address of the property, specifying the nature of the violation, describing the remedial actions needed to bring the violating condition into compliance, and stating a deadline for compliance. If the person responsible for the violating condition is a subcontractor, the Notice of Violation shall be served on the contractor as soon as practicable.

Stop Work Order If a Notice of Violation issued above is not complied with, the Building Official is authorized to issue a Stop Work Order, which shall demand that all work at the site cease immediately until the violating condition is remedied. The Stop Work Order shall be posted on the property and served on the contractor or owner.

Further work If any work continues at the site in violation of the Stop Work Order, the owner or contractor shall be guilty of a misdemeanor and fined an amount of not less than One Hundred Dollars ($100.00) and not more than Two Hundred Fifty Dollars ($250.00). Every day such violation continues shall be a separate offense.

Removal of work The Building Official shall have the authority to order the removal of non-conforming work or work which prevents the inspection of non-approved work in order to conduct such inspection. Should the responsible party not remove the work, the Building Inspector is authorized to remove the work themselves in order to conduct such inspection.

Service Service for the purpose of this chapter shall mean the following:

Posting of the notice in a conspicuous place on the property, and either,

Personal service on the owner of the property, the contractor, or the person responsible for the work; or

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Mailing a copy of the notice to the owner of the property, the contractor or the person responsible for the work by certified mail return receipt requested at their last known address. Should the letter be returned undelivered, the posting of notice under subsection (1) above shall suffice.(Ord. No. 2008-10, Sec. 2.)

11.02.04 Appeal The City Planning Commission is hereby designated as the Board of Appeals for decisions of the Building Official under the various adopted codes. (Ord. No. 200810, Sec. 2.)

CHAPTER 11.04

BUILDING PERMIT Sections:

11.04.01 Required11.04.02 Application11.04.03 Fees11.04.04 Issuance11.04.05 Bond required

11.04.01 Required The owner of any land situated within the incorporated limits of the city shall neither construct nor allow construction or placement, on such land, of any building or structure of a type set forth in sub-paragraphs (a) through (c) below, without having obtained a building permit from the city. The aforementioned permit will likewise be required in event of remodeling or repair of such structures, but only if the cost exceeds fifty percent (50%) of their present value:

Single-family residence.Multiple-family residence.Any building in which, or from which, any business, commercial enterprises, or manufacturing process is to be conducted, or which is to be used for related storage or warehousing purposes.

11.04.02 Application The application for any building permit by this chapter will be submitted by the landowner concerned to the Mayor, or City Hall, in duplicate copy, and shall contain as a minimum the following:

Name, mailing address, and telephone number of the applicant.Type building to be constructed or repaired (as listed in Section 11.04.01 of this chapter).

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S-29Location of the building site.Outside dimensions of the proposed building, or addition.Construction materials to be used for the foundation, floor, and exterior walls. Manner in which the proposed building will be anchored to the foundation. Height of the first floor level above the ground level, as measured from the highest point of the ground level.

Prior to any grading or leveling. After grading and leveling.

Date on which construction is proposed to begin.

11.04.03 Fees The following schedule shall constitute the basis for the cost of a buildingpermit:

Cost of Work Cost of Permit

First $1,000 $3.50Next $9,000 $3.00 per $1,000Next $15,000 $2.50 per $1,000Next $25,000 $2.00 per $1,000All above $50,000 $1_50 per $1,000

To determine the cost of construction, the Building Official or his designee shall multiply the total square footage of the structure by Sixty-Five Dollars ($65.00). (Ord. No. 2004-7, Sec. 1.)

An inspection shall be required of the following systems: footing, plumbing concrete slab, electrical, insulation, mechanical, drywall and final. The fee for each inspection shall be:

For plumbing, electrical and mechanical: $100 for each building system unit.For demolition and all other building systems: $20 for each building unit.

For remodel/repair/service drops: $20.00 (Ord. No. 2008-10, Sec. 3.)

Where feasible, more than one system shall be inspected during a single inspection and the permittee shall assess the charge of a single inspection.(Ord. No. 2004-5, Sec. 1.)

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Where a re-inspection is required, the fee for each re-inspection shall be $20.00

There is hereby imposed a surcharge fee of $.50 per $1,000 of construction costs on any non-residential construction permit to be delivered to the state under Act 474 of1999 pursuant to such rules and regulations as may be imposed by theDepartment of Finance and Administration. (Ord. No. 99-16, Sec. 2.)

11.04.04 Issuance Upon review by the city Building Official, a permit shall issue upon approval in writing by such Building Official. In case the permit shall be granted unless found to be in violation of any flood zone ordinance or other ordinance heretofore or hereinafter adopted by the city. Any building permit issued under the provisions of this chapter will remain valid only for a period of ninety (90) days from its date of issue, and becomes void if construction has not begun within that period, or unless it is renewed within that period. (Ord. No. 96-14, Sec. 1.)

11.04.05 Bond required From and after the first day of January, 1996 there is hereby required a bond in the following amounts be delivered by all applicants for building permits in the city of Lincoln according to the following schedule:

A. For a permitted value of $50,000 or less $250.00

For a permitted value in excess of $50,000 $500.00

Such bonds shall be in the form of an approved check or a check drawn by the city o Lincoln and shall be retained in a special bond account until the final inspection has been conducted and the project approved. (Ord. No. 95-25, Sec. 1.)

Conditions for Return.

In the event the contractor or owner who delivers the bond to the city for a per. obtains final inspection and approval with no permanent damage to any public facility, then the entire sum posted shall be returned.

In the event of permanent damage to any public facility that has not been paid or for which payment has not been satisfactorily arranged at the time of final inspection, such funds as are necessary to defray the costs of damages to public facilities may be paid by the city to the appropriate municipal department to the funds held. (Ord. No. 95-25, Sec. 2)

In the event of the sale of the real estate on which the permitted structure is placed prior to final inspection; or in the event no final inspection is requested within 90 days of the date of substantial completion of the permitted structure, the permit shall be rescinded and the bond forfeited. (Ord. No. 99-12, Sec. 1.)

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S-30CHAPTER 11.06

MOVING STRUCTURES

Sections:

11.06.01 Previously used structures11.06.02 Exceptions

11.06,01 Previously used structures The moving of previously used structures, intended or designed for occupancy as a residence or business, within or into the city of Lincoln, is prohibited. (Ord. No. 2010-8, Sec. 1.)

11.06.02 Exceptions This chapter shall not apply to the following:

Structures being moved through the city of Lincoln on state or federal highways whose destination is outside the city limits;

Storage buildings and other structures not designed or intended for occupancy;

Temporary construction offices. (Ord. No. 2010-8, Sec. 2.)

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S-29CHAPTER 11.08

PLUMBING CODE

Sections:

11.08.0111.08.0211.08.03

Adopted by reference Designated official Hazardous conditions

11.08.01 Adopted by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Plumbing Code, with state-adopted appendices, as may from time to time 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. At the time of adoption of this Code, the current version is the Arkansas Plumbing Code, 2006 edition as amended in September 2008. (Ord. No. 2008-10, Sec. 4.)

11.08.02 Designated official The Building Official in 11.02 is the person charged with the administration and enforcement of the Plumbing Code. (Ord. No. 2008-10, Sec. 4.)

11.08.03 Hazardous conditions The Water Department and the Building Official are hereby authorized to discontinue or cause to be disconnected all water service or services to any and all premises, lands, buildings or structures where it is fond that an immediate hazard exists to the purity or potability of the city water supply due to non-compliance with the Plumbing Code and to require the immediate correction of the non-conforming condition prior to restoration of services. (Ord. No. 2008-10, Sec. 4.)

CHAPTER 11.12

ELECTRICAL CODE

Sections:

11.12.01 Adoption by reference11.12.02 Designated Official

11.12.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Electrical Code, with state-adopted appendices, as

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may from time to time 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. At the lime of adoption of this Code, the current version is the Arkansas Electrical Code, 2005 edition. (Ord. No. 2008-10, Sec. 5.)

11.12.02 Designated Official The Building Official in 11.02 is the person charged with the administration and enforcement of the Electrical Code. (Ord. No. 2008-10, Sec. 5.)

CHAPTER 11..16

CHAMCAL CODE

Sections:

11.16.01 Adoption by reference11.16.02 Designated Official

11.16.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Mechanical Code, with state-adopted appendices, as may from time to time 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. At the time of adoption of this Code, the current version is the Arkansas Mechanical Code, 2003 edition. (Ord. No. 2008-10, Sec. 6.)

11.16.02 Designated Official The Building Official in 11.02 is the person charged with the administration and enforcement of the Mechanical Code. (Ord. No. 2008-10, Sec: 6.)

CHAPTER 11.20

RESIDENTIAL CODE

Sections:

11.20.01 Adoption by reference11.20.02 Designated Official

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11.20.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Fire Prevention Code, Volume III, with state-adopted appendices, as may from time to time 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. At the time of adoption of this Code, the current version is the Arkansas Fire Prevention Code, Volume HI, 2008 edition. (Ord. No. 2008-10, Sec. 11.)

11.20.02 Designated Official The Building Official in 11.02 is the person charged with the administration and enforcement of the Residential Code. (Ord. No. 2008-10, Sec. 11.)

CHAPTER 11.24

ENERGY CODE

Sections:

11.24.01 Adoption by reference11.24.02 Designated. Official

11.24.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Energy Code, with state-adopted appendices, as may from time to time 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. At the time of adoption of this Code, the current version is the Arkansas Energy Code, 2004 edition. (Ord. No. 2008-10, Sec. 8.)

11.24.02 Designated Official The Building Official in 11..02 is the person charged with the administration and enforcement of the Energy Code. (Ord. No. 2008-10, Sec. 8.)

CHAPTER 11.28

FIRE PREVENTION CODE

Sections:

11.28.01 Adoption by reference11.28.02 Designated Official

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11.28.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Fire Prevention Code, Volume I, with state-adopted appendices, as may from time to time 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. At the time of adoption of this Code, the current version is the Arkansas Fire Prevention Code, Volume I, 2008 edition. (Ord. No. 2008-10, Sec. 9.)

11.28.02 Designated Official The Building Official in 11.02 is the person charged with the administration and enforcement of the Fire Prevention Code. (Ord. No. 2008-10, Sec. 9.)

CHAPTER 11.32

BUILDING CODE

Sections:

11.32.01 Adoption by reference11.32.02 Designated Official

11.32.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Fire Prevention Code, Volume II, with state-adopted appendices, as may from time to time 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. At the time of adoption of this Code, the current version is the Arkansas Fire Prevention Code, volume II, 2008 edition. (Ord. No. 2008-10, Sec. 10.)

11.32.02 Designated Official The Building Official in 11.02 is the person charged with the administration and enforcement of the Building Code. (Ord. No. 2008-10, Sec. 10.)

CHAPTER 11.34

PROPERTY MAINTENANCE CODE

Sections:

11.34.01 Adoption by reference11.34.02 Designated official

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11.34.03 Amendments and modifications11.34.04 Copies

11.34.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance Code as published by the International Code Congress, as may from time to time be amended and adopted by the International Code Congress, save and except such portions of said code as may be deleted, modified or amended herein. At the time of adoption, the current version of the International Property Management Code is the 2009 version. (Ord. No. 2011-1, Sec. 1.)

11.34.02 Designated official The Building Official in 11.02 is the person charged with the administration and enforcement of the Property Maintenance Code. (Ord. No. 2011-1, Sec. 2.)

11.34.03 Amendments and modifications The following sections of the International Property Maintenance Code shall be modified to read as follows:

101.1 (Name of Jurisdiction) shall be modified to read "City of Lincoln, Arkansas."

103.5 Fees shall be modified to read as follows: The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in Lincoln Municipal Code Title 11.

111.1 "Board of Appeals" shall be changed to Board of Adustment."

111.2 is deleted.

111.4 "two-thirds" shall be changed to "one-half."

111.5 is deleted.

111.6 is amended to read "The Board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of those present."

111.7 and 111.8 are deleted and replaced with the followin

111.7 Appeal. Any party to an appeal shall have the right to appeal the decision of the Board of Adjustment to the City Council in accordance with the procedures for other appeals of decisions of the Board of Adjustment found elsewhere in the Lincoln Municipal Code.

302.4"{jurisdiction to insert height in inches)" is replaced with "six (6) inches."

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304.14 "During the period from (Date) to (Date is replaced with "During the period from October 1 to April 30."

602.4 "During the period from (Date) to (Date)," is replaced with "During the period from October 1 to April 30." (Ord. No. 2011-1, Sec. 3.)

11.34.04 Copies Pursuant to A.C.A. 14-55-206(b), no fewer than three (3) copies of the code shall be maintained for the use and examination of the public at the city's municipal offices. Ord. No. 2011-1, Sec. 3.)

CHAPTER 11.36

FUEL GAS CODE

Sections:

11.36.01 Adopted by reference11.36.02 Designated Official

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11.36.01 Adoption by reference There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Fuel Gas Code, with state-adopted appendices, as may from time to time 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. At the time of adoption of this Code, the current version is the Arkansas Fuel Gas Code, 2006 edition. (Ord. No. 2008-10, Sec. 7.)

11.36.02 Designated Official The Building Official in 11.02 is the person charged with the administration and enforcement of the Gas Code. (Ord. No. 2008-10, Sec. 7.)

CHAPTER 11.40

CONDEMNED STRUCTURES

Sections:

11.40.01 Unlawful11.40.02 Condemnation required11.40.03 Prior notice11.40.04 Requirements of resolution11.40.05 Notice of resolution11.40.06 Removal11.40.07 Duties of Building Official11.40.08 Proceeds of sale11.40.09 Lien11.40.10 Penalty11.40.11 Judicial condemnation

11.40.01 Unlawful It shall be and it is hereby declared to be unlawful for any person or persons, partnership, corporation or association, to own, keep or maintain any house, building and/or structure within the corporate limits of the city of Lincoln, Arkansas, which constitutes a nuisance and which is found and declared to be a nuisance by resolution of the City Council. (Ord. No. 2008-10, Sec. 12.)

11.40.02 Condemnation required Any such house, building and/or structure which is found and declared to be a nuisance by resolution of the City Council will be condemned to insure the removal thereof as herein provided. (Ord. No. 2008-10, Sec. 12.)

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S-2911.40.03 Prior notice

Prior to the consideration of a resolution by the City Council declaring any house, building and/or structure as a nuisance, the owner(s) and any mortgagee(s) or lienholder(s) of such house, building and/or structure shall be mailed written notification of the date, time and place that the City Council will consider said resolution. The notice shall be mailed by certified mail, return receipt requested to their last known place of residence or business. In addition, said notice shall inform the owner(s) and any mortagee(s) or lienholder(s) of the right to be heard at the City Council meeting on the proposed resolution declaring such house, building and/or structure to be a nuisance.

Should the owner(s) and mortgagee(s) and/or lienholder(s) of any such house, building and/or structure be unknown or their whereabouts be unknown, then a coy of the written notice shall be posted upon said premises and the Mayor or his designee shall make an affidavit setting out the facts as to unknown address or unknown whereabouts of said owner(s), mortgagee(s) and/or lienholder(s). (Ord. No. 2008-10, Sec. 12.)

11.40.04 Requirements of resolution The resolution of the City Council condemning any house, building and/or structure which constitutes a nuisance will include in said resolution an adequate description of the house, building and/or structure; the name(s), if known, of the owner(s), mortgagee(s) and/or lienholder(s) thereof; and shall set forth the reason(s) said house, building and/or structure is or has been condemned as a nuisance. (Ord. No. 2008-10, Sec. 12.)

11.40.05 Notice of resolution After a house, building and/or structure has been found and declared to be a nuisance and condemned by resolution as herein provided, a true or certified copy of said resolution will be mailed to the owner(s), morgtagee(s) and/or lienholder(s) thereof, be known or their last known address be known, and a copy thereof shall be posted at a conspicuous place on said house, building and/or structure. Provided, that if the owner(s), mortgagee(s), and/or lienholder(s) be unknown or their whereabouts or last known address be unknown, the posting of the copy of said resolution as hereinabove provided will suffice as notice of the condemnation. (Ord. No. 2008-10, Sec. 12.)

11.40.06 Removal If the house, building and/or structure constituting a nuisance has not been torn down or removed, or said nuisance otherwise abated, within thirty (30) days after posting the true copy of the resolution at a conspicuous place on said house, building and/or structure constituting the nuisance, it will be torn down and/or removed by the Building Official or his designated representative. (Ord. No. 2008-10, Sec. 12.)

11.40.07 Duties of Building Official. The Building Official or any other person or persons designated by him to tear down and remove any such house, building and/or structure constituting

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a nuisance will insure the removal thereof and dispose of the same in such a manner as deemed appropriate in the circumstances and to that end may, if the same have a substantial value, sell said house, building and/or structure or any saleable material thereof, by public sale to the highest bidder for cash, ten (10) days' notice thereof being first given by one (1) publication in some newspaper having a general circulation in the city, to insure its removal and the abatement of the nuisance. (Ord. No. 2008-10, Sec. 12.)

11.40.08 Proceeds of sale All the proceeds of the sale of any such house, building and/or structure, or-the proceeds of the sale of salable materials therefrom and all fines collected from the provisions of this ordinance shall be paid by the person or persons collecting the same to the City Clerk/Treasurer. If any such house building and/or structure, or the salable materials thereof, be sold for an amount which exceeds all costs incidental to the abatement of the nuisance (including the cleaning up of the premises) by the city, plus any fine or fines imposed, plus any costs of notice and attorney's fees, the balance thereof will be returned by the City Clerk/Treasurer to the former owner(s) of such house, building and/or structure. (Ord. No. 2008-10, Sec. 12.)

11.40.09 Lien If the city has any net costs in removal of any house, building and/or structure, the city shall have a lien on the property as provided by A.C.A. 14-54-904. (Ord. No. 2008-10, Sec. 12.)

11.40.10 Penalty A fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) is hereby imposed against the owner(s) of any house, building and/or structure found and declared to be a nuisance by resolution of the City Council thirty (30) days after the same has been so found and declared to be a nuisance and for each day thereafter said nuisance be not abated constitutes a continuing offense punishable by a fine of Two Hundred Fifty Dollars ($250.00) per day, provided the notice as herein provided in Sec. 11.40.05 hereof has been given within ten (10) days after said house, building and/or structure has been by resolution found and declared to be a nuisance. (Ord. No. 2008-10, Sec. 12.)

11.40.11 Judicial condemnation In the event it is deemed advisable by the City Council that a particular house, building and/or structure be judicially declared to be a nuisance-by a court having jurisdiction of such matters, the City Council is hereby authorized to employ an attorney to bring such an action for said purpose in the name of the city, and the only notice to be given to the owner(s), mortgagee(s) and/or lienholder(s) will be that as now provided for by law in such cases in a court of equity or Circuit Court. When any such house, building and/or structure has been declared judicially to be a nuisance by a court of competent jurisdiction a fine of One Hundred Dollars ($100.00) is hereby imposed against the owner or owners thereof from the date said finding is made by the court and for each day thereafter said nuisance be not abated. (Ord. No. 2008-10, Sec. 12.)

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S-29CHAPTER 11.44

KEY LOCK BOX SYSTEMS

Sections:

11.44.01 Key lock box system required11.44.02 Type11.44.03 Owner to maintain key11.44.04 Keys required11.44.05 Amendment11.44.06 Existing structures11.44.07 Penalties

11.44.01 Key lock box system required From and after the effective date hereof a key lock box system shall be installed on the following structures at or near the main entrance or at such other location authorized by the Fire Chief:

Any commercial structures protected by automatic alarm systems or automatic suppression systems or structures that secured in a manner that restricts access during an emergency;

Multi-family structures of four or more units (exception: a key lock box shall not be required on any multi-family structure when each unit has at least one door leading directly to an exterior exit access that leads directly to approved exits).

Government structures and nursing care facilities. (Ord. No. 2006-13, Sec. 1.)

11.44.02 Type The Fire Chief shall designate the type of lock system to be used within the city. (Ord. No. 2006-13, Sec. 2.)

11.44.03 Owner to maintain key The owner or operator of a facility affected by this ordinance shall maintain a key in the lock at all times to provide access to the building in the event of an emergency. (Ord. No. 2006-13, Sec. 3.)

11.44.04 Keys required The owner or operator of a facility described in 11.44.01 hereo shall be required to have a key lock box with a key to enter the following areas:

Locked points of access in the exterior of the building;

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B. Locked points of access to common areas, such as hallways or utility rooms, contained within such facility;

C. Locked mechanical rooms;

D. Locked electrical rooms; and

Any other locked area. other than individual apartments or rented rooms, indicated by the Fire Chief. (Ord. No. 2006-13, Sec. 4.)

11.44.05 Amendment Title 11 of the Lincoln Municipal Code is hereby amended by adding the substantive provisions to it. (Ord. No. 2006-13, Sec. 5.)

11.44.06 Existing structures The owner or operator of any existing structure that is affected hereby shall be allowed one year from its effective date to bring that structure into compliance with the terms of this ordinance without penalty. (Ord. No. 2006-13, Sec. 6.)

11.44.07 Penalties The minimum penalty for a violation of this ordinance shall be One Hundred Dollars ($100.00), and the maximum penalty shall be Five Hundred Dollars ($500.00). (Ord. No. 2006-13, Sec. 7.)

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