13304q�
ORDINANCE NO. 13,304
AN ORDINANCE ADOPTING A HOUSING CODE,
ESTABLISHING MINIMUM STANDARDS FOR
HOUSING WITHIN THE CITY OF LITTLE ROCK,
PROVIDING FOR THE ENFORCEMENT OF SAID
STANDARDS, TO BE CODIFIED AS CHAPTER
91 ARTICLES I. II, III, IV, V AND VI OF
THE CODE OF ORDINANCES; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
ARTICLE I
ADMINISTRATION
Section 1. Title. The provisions embraced within the
following Articles and Sections shall constitute and be known
and may be cited as "Little Rock Housing Code" hereafter
referred to as "this code ".
Section 2. Intent and Purpose. This Code is hereby
declared to be remedial, and shall be construed to secure
the beneficial interests and purposes thereof, which are
public safety, health, and general welfare, through structural
strength, stability, sanitation, adequate light and ventilation,
and safety to life and property from fire and other hazards
incident to construction, alteration, repair, removal, demolition,
use and occupancy to dwellings, apartment houses, rooming
houses, or buildings, structures or premises used as such.
Section 3. Scope.
(X) Every building used in whole or in part as a dwelling
unit or as two or more dwelling units, or as rooming or boarding
houses, shall conform to the requirements of this Code irrespective
of the primary use of such building, and irrespective of when
such building may have been constructed, altered or repaired.
(B) This Code establishes minimum standards for occupancy,
and does not replace or modify standards otherwise established
for construction, replacement or repair of buildings except
such as are contrary to the provisions of this Code.
Section 4. Existing Buildings. The provisions of this
Code shall apply to any dwelling, apartment house or rooming
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house irrespective of when said building was constructed,
altered, or repaired.
(A) If alterations or repairs due to natural deterioration,
fire damage or scheduled rehabilitation, costing in excess of
fifty percent of the then physical value of the building are
made to an existing building, such building shall be made
to conform to the requirements of the Building Code of the
City of Little Rock, to such extent as the Building Official
may determine.
(B) If the cost of such alterations or repairs, or the
amount of such damage, is more than twenty -five, but not more
than fifty percent, of the then physical value of the building,
the portions to be altered or repaired shall be made to conform
to the requirements of the Building Code of the City of Little
Rock to such extent as the Building Official may determine.
(C) Repairs and alterations, not covered by the preceding
paragraphs of this section, restoring a building to its condition
previous to damage or deterioration, or altering it in conformity
with the provisions of the Building Code of the City of Little
Rock or in such manner as will not extend or increase an
existing non conformity or hazard, may be made with the same
kind of materials as those of which the building is constructed.
(D) For the purpose of this section, the "Physical Value"
of a building or structure as hereinafter defined, shall be
determined by the Building Official.
Section 5. Maintenance. All buildings or structures,
both existing and new, and all parts thereof, shall be main-
tained in a safe and sanitary condition. All devices or safe-
guards which are required by this Code in a building when
erected, altered, or repaired, shall be maintained in good
working order. Thecwner, or his designated agent, shall be
responsible for the maintenance of buildings, structures
and premises to the extent set out in this Code. The tenant
shall be responsible for the maintenance of buildings, structures,
and premises to the extent set out in this Code.
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ARTICLE II
ORGANIZATION
Section 6. Enforcement Officer. There is hereby established
by the City of Little Rock provisions for the enforcement of
this Code by the Building Official.
Section 7. Restrictions on Employees. No Officer or
employee connected with the department, except one whose only
connection is as member of the board, established by this act,
shall be financially interested in the furnishing of labor,
material, or appliances for the construction, alteration,
or maintenance of a building. No such officer or employee shall
engage in any work which is inconsistent with his duties or
with the interests of the department.
Section 8. Records. The Building Official shall keep,
or shall cause to be kept, a record of the business of the
department. The records of the department shall be open to
public inspection.
Section 9. Right of Entry. The Building Official shall
enforce the provisions of this Code, and he or his duly
authorized representative upon presentation of proper
identification to the owner, agent, or tenant in charge of
such property, may enter any building, structure, dwelling,
apartment, apartment house, or premises, during all reasonable
hours, except in cases of emergency where extreme hazards are
known to exist which may involve the potential loss of life or
severe property damage, in which case the above limitations
shall not apply.
Section 10. Unsafe Buildings, Dwellings, Apartment Houses,
and Rooming Houses. All dwellings, apartment houses, rooming
houses or buildings or structures, used as such, which are
unsafe, unsanitary, unfit for human habitation, or not provided
with adequate egress, or which constitute a fire hazard, or
are otherwise dangerous to human life, or which in relation to
existing use constitute a hazard to safety or health by reason
of inadequate maintenance, dilapidation, obsolescence, or
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abandonment, are severally in contemplation of this Section,
unsafe buildings. All such unsafe buildingsare hereby declared
illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the following procedure:
(A) Whenever the Building Official determines that there
are reasonable grounds to believe that there has been a violation
of any provisions of this ordinance or of any rule or regulation
adopted pursuant thereto, he shall give notice of such alleged
violation to the person responsibletherefor, and such alleged
violation shall constitute a nuisance. Such notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is
being issued;
(3) Allow a maximum of 60 days for the performance
of any act it requires;
(4) Said notice shall further state that, if such
repairs, reconstruction, alterations, removal
or demolition are not voluntarily completed
within the stated time as set forth in the notice,
the Building Official shall institute legal
proceedings, charging the person or persons,
firm, corporation, or agent with a violation of
this Code.
(B) Service of notice shall be as follows:
(1) By delivery to the owner personally, or by
leaving the notice at the usual place of abode
of the owner with a person of suitable age and
discretion; or
(2) By depositing the notice in the United States
Post Office addressed to the owner at his last
known address by certified mail, postage pre-
paid thereon; or
(3) By posting and keeping posted for twenty -four
hours a copy of the notice in a conspicuous
place on the premises to be repaired.
Section 11. Requirements not Covered by Code. Any require-
ments, not specifically covered by this Code, found necessary
for the safety, health, and general welfare of the occupants
of any dwelling, shall be determined by the Building Official
subject to appeal to the Housing Board of Adjustments and
Appeals.
Section 12. Liability. Any officer or employee, or member
of the Housing Board of Adjustments and Appeals, charged with
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the enforcement of this Code, in the discharge of his duties,
shall thereby render himself liable personally, and he is
hereby relieved from all personal liability for any damage
that may accrue to persons orlxoperty as a result of any act
required orpermitted in the discharge of his duties. Any
suit brought against any officer or employee because of this
Code shall be defended by the City Attorney's Office until
the final termination of the proceedings.
Section 13. Reports. The Building Official shall annually
submit a report to the Chief Administrator covering the
work of the Department during the preceding year. He shall
incorporate in said report a summary of the decisions of the
Housing Board of Adjustments and Appeals.
Section 14. Inspections.
(A) The Building Official shall make or cause to be made
inspections to determine the condition of dwellings, dwelling
units, rooming houses, and premises in the interest of safe-
guarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such
inspection, the Building Official, or his agent, is hereby
authorized to enter, examine, and survey at all reasonable
times, all dwellings, dwelling units, rooming houses, and
premises. The owner or occupant of every dwelling unit,
dwelling, or rooming unit or the person in charge thereof shall
give the Building Official free access to such dwelling,
dwelling unit, or rooming house and its premises, at all reasonable
times for the purpose of such inspection, examination, and survey.
(B) The City of Little Rock shall not provide, nor permit
another to provide (either public or private) utility services
such as water, gas, and electricity, sewer, etc., to any
condemned dwelling unit becoming vacant until such dwelling
unit has been inspected and brought into compliance with this
Code. The requirement shall not preclude the temporary use
of such utility services as may be deemed necessary during
construction, repair or alteration. The Building Official
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shall be responsible for making the determination as to when
such "temporary services" may be necessary.
(C) No building, plumbing, electrical, gas or other
permit, as may be required, for an addition, alteration or
repair of an existing condemned dwelling unit shall be issued
until such time as an inspection of the property has been
made to determine the feasibility of rehabilitation of such
dwelling unit. `(See Section 4).
Section 15. Hardships. Where the literal application of
the requirements of this Code would appear to cause undue
hardship on an owner or tenant or when it is claimed that the
true intent and meaning of this Code or any ofthe regulations
therein have been misconstrued or wrongly interpreted, the
owner of such building or structure, or his duly authorized
agent, may appeal from the decision of the Building Official
to the Housing Board of Adjustments and Appeals, as set forth
in Section 22 - Appeals.
ARTICLE III
HOUSING BOARD OF ADJUSTMENTS AND APPEALS
Section 16. Appointment.
(A) There is hereby created by the City of Little Rock
a board to be known as the Housing Board of Adjustments and
Appeals, which shall consist of not less than five (5) members
appointed by the Board of Directors. The members shall be
residents of the governed area. Members of the Board shall
be appointed for four year terms, except that on the initial
appointment, two shall be appointed for one year, two for two
years, and one for three years. Any one or more members of
said Board shall be subject to removal or replacement by the
appointing authority at any time for cause of stated charges
after a public hearing before the appointing authority, and a
vacancy on said Board shall be filled by the appointing authority
for unexpired term of such vacancy.
(B) Continued absence of any member from regular meetings
of the Board shall, at the discretion of the Chief Appointing
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Authority, render any such member liable to immediate removal
from office. The members of said Board shall serve without
compensation.
(C) As soon as practical after their appointment, the
members of the Housing Board of Adjustments and Appeals
shall meet and organize by electing a Chairman, Vice Chairman,
and Secretary. Thereafter, officers of the Board shall be
elected by the members at the first annual meeting of the
Board.
(D) The current membership of the existing Housing Board
of Adjustments and Appeals shall serve as the initial member-
ship of the Housing Board of Adjustments and Appeals created
by this Ordinance and the Little Rock Housing Code adopted
hereby, and said members shall complete the existing terms
of their appointment onthe Board created herein.
Section 17. Meetings. The Board shall hold meetings
on call at which meeting all appeals on file shall be con-
sidered and acted upon by the Board. Regular or special meetings
may be called by the Chairman at any time. Reasonable notice
of the place, time and date of such meetings shall be given
all the members of the Board and all interested parties in
each case to be heard by the Board.
Section 18. Records. All minutes of the Housing Board
of Adjustments and Appeals shall be public records and the
Secretary of the Board shall keep all records and perform
such additional duties as the Board may deem proper.
Section 19. Duties. The duties of the Housing Board of
Adjustments and Appeals shall be:
(A) To consider and determine appeals whenever it is
claimed that the true intent and meaning of this Code or any
of the regulations thereunder have been misconstrued or wrongly
interpreted.
(B) To permit, in appropriate cases where the application
of the requirements of this Code in the allowance of the stated
time for the performance of any action required hereunder would
appear to cause undue hardship on an owner, a masonable extension
of time, provided, however, no such extension shall be granted
for more than twelve (12) months from the date of such notice.
Section 20. Procedure. The Housing Board of Adjustments
and Appeals shall establish its own rules for procedures for
accomplishment of its duties and functions, provided that such
rules shall not be in conflict with the provisions of this
Code and the laws of the state.
Section 21. Decisions of the Housing Board of Adjustments
and Appeals.
(A) The Housing Board of Adjustments and Appeals, when
so appealed to and after a hearing, may vary the application
of any provision of this Code to any particular case when in
its opinion, the enforcement thereof would do manifest injustice,
and would be contrary to the spirit and purpose of this Code
or public interest, or when in its opinion the interpretation
of the Building Official should be modified or reversed.
(B) A decision of the Housing Board of Adjustments and
Appeals to vary the application of any provision of this Code
or to modify an order of the Building Official shall specify
in what manner such variation or modification is made, the
condition upon which it is made and the reasons therefor.
(C) Every decision of the Housing Board of Adjustments
and Appeals shall be final, subject however, to such remedy
as any aggrieved party might have at law or in equity.
(D) It shall be in writing, and shall indicate the vote
upon the decision.: Every decision shall be promptly filed
in the office of the Building Official and shall be open to
public inspection; a certified copy shall be sent by mail or
otherwise to the applicant and a copy shall be kept posted
in the office of the Building Official for two weeks after filing.
(E) The Housing Board of Adjustments and Appeals shall
in every case reach a decision without unreasonable or unnecessary
delay.
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(F) If a decision of the Housing Board of Adjustments
and Appeals reverses or modifies a refusal, order, or disallowance
of the Building Official, or varies the application of any
provision of this code, the Building Official shall immediately
take action in accordance with such decision.
Section 22. Appeals.
(A) Any person receiving written notice from the Building
Official of deficiencies in his property under this Code may
within sixty (60) days following the date of the notice enter
an appeal in writing to the Housing Board of Adjustments and
Appeals. Such appeal shall state the location of the property,
the date of the notice of Violations, and the number of such
notice. The appellant must state the variance or modification.
requested, the reasons therefor, and the hardship or conditions
upon which the appeal is made.
(B) No appeal filed later than sixty (60) days after the
date of such notice shall be acted upon by the Housing Board
of Adjustments and Appeals, unless the Building Official
shall consent thereto.
(C) In case of a building or structure which, in the opinion
of the Building Official is unsafe or dangerous, the Building
Official may, in his order, limit the time for such appeal
to a shorter period. Appeals hereunder shall be on forms
provided by the Building Official.
ARTICLE IV
DEFINITIONS
Section 23. For the purpose of this Code, certain abbre-
viations, terms, phrases, words, and their derivatives, shall
be construed as set forth in this section. Words used in the
present tense include the future. Words in the masculine
gender include the feminine and neuter. Words in the feminine
and neuter gender include the masculine. The singular number
includes the plural, and the plural number includes the singular.
The following definitions shall apply in the interpretation
and enforcement of this ordinance.
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1. Alter or alteration: Any change or modification'
in construction or occupancy.
2. A artment: A room or a suite of rooms occupied, or
which is intended or designed to be occupied, as the home or
residence of one individual family or household, for house-
keeping purposes.
3. A artment House: Means any building or portion thereof
which is designed, ui t, rented, leased, let or hired out to
be occupied, or which is occupied as the home or residence
of more than two (2) families living independently of each
other and doing their own cooking in said building, and shall
include flats and apartments.
4. Applicable Governing Body: Any city, county, state,
agency or other pol'itical government subdivision or entity
authorized to administer and enforce the provisions of this
Code, as adopted or amended.
S. Approved: Approved by the Building Official.
6. Area: As applied to the dimensions of a building,
means the maximum horizontal projected area of the building
at grade.
7. Attic Story: Means any story situated wholly or partly
in the roof, so designated, arranged or built as to be used
for business storage, or habitation.
8. Basement: A portion of a building located partly
undergrouncEut having less than one -half of its clear floor
to ceiling height below the average grade of the adjoining
ground.
9. Building: Any structure built for the support, shelter,
or enclosure of persons, animals, chattels, or property of
any kind. The term "Building" shall be construed as if followed
by the words "or part of ".
10. Building Official: The officer, or other person,
charged with the a inistration and enforcement of this ordinance
or his duly authorized representative.
11. Cellar: That portion of a building located partly
or wholly unTerground having one half of its clear floor to
ceiling height below the average grade of the adjoining ground.
12. Dilapidated Dwellings or Structures: A dwelling,
dwelling unit, multiple dwelling, apartments, apartment house
including among others, garages, sheds, and similar accessory
structures, which by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment, are unsafe, unsanitary, or which
constitute a fire hazard, or are otherwise dangerous to human
life and are no longer adequate for the purpose for which
they were originally intended. It is the intent of the definition-
to include any and all structures as may legally come within
the scope of the definition of structures as set forth in this
section.
13. Dwelling: Any building which is wholly or partly
used for or i— ntended to be used for living or sleeping by human
occupants whether or not such building is occupied or vacant;
provided that temporary housing as hereinafter defined shall
not be regarded as a..dwelling: =-
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14. Dwelling Unit: Shall mean any room or group of rooms
within a dwelling and Forming a single habitable unit with
facilities which are used or intended to be used for living,
sleeping, cooking, and eating, whether or not such unit
is occupied or vacant.
15. Exit Corridor: Any corridor or passageway used
as an integral part o the exit system. That portion of a
corridor or passageway which exceeds the allowable distance
of travel to an exit, becomes an exit corridor or passageway.
16. Extermination: The control and extermination of
insects, rodents, or other pests by eliminating their harborage
places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating,
trapping,or by any other recognized and legal pest elimination
methods as approved by the Building Official.
17. Fa��milg�: One wmore persons living together, whether
related by-bloo�Ic, marriage or adoption, and having common
housekeeping facilities.
18. Floor Area: The total area of all habitable space
in a building or structure.
19. Ga�rb =fi�e: The animal and vegetable waste resulting
from the han ing, preparation, cooking and consumption of food.
20. Grade: With reference to a building means, when the
curb level i-f as been established the mean elevation of the curb
level opposite those walls that are located on, or parallel
with and within fifteen (15) feet of street lines; or when
the curb level has not been established, or all the walls
of the building are more than fifteen (15) feet from street
lines, GRADE means the average of the finished ground level
at the center of all walls of a building.
21. Habitable Rooms: A room or enclosed floor space
used or intended to a used for living, sleeping, cooking, or
eating purposes, excluding bathroom, water closet compartments,
laundries, pantries, foyers, or communicating corridors,
closets, and storage.
22. Heatin : The definition following under this paragraph
shall apply to heating installations:
Central Heating Boilers and Furnaces: Heating furnaces
and boilers—Ma-11 boilers—Ma-11 include warm air urnaces, loor mounted
direct -fired unit heaters, hot water heaters, and steam boilers
operating at not in excess of 15 pounds of gauge pressure, used
for heating of buildings or structures.
23. Chimney: A vertical shaft of masonry, re- enforced
concrete, or other approved non - combustible, heat resisting
material enclosing one or more flues, for the purpose of removing
products of combustion from solid, liquid or gas fuel.
24. Flue: A vertical passageway for products of combustion.
25. Vent Pipe: As applied to heating, means a pipe for
removing products of combustion from gas appliances.
26. Infestation: The presence within or around a dwelling,
of any termites, eetles, insects, rodents, or other pests.
27. Multiple Dwelling: Any building, or portion thereof,
which is designed, built, rented, leased, let or hired out to
be occupied, or which is occupied as the home or residence
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of more than two (2) families living independently of each
other and doing their own cooking in the said building, and
shall include flats and apartments.
28. Occupant: Any person over one (1) year of age, living,
sleeping, cooking, or eating in, or having actual possession
of a dwelling unit or rooming unit.
29. O enable Area: That part of a window or door which
is availab a for uno structed ventilation and which opens
directly to the outdoors.
30Operator: Any person who has charge, care or control
of a buiding or part thereof, in which dwelling units, or
rooming units are let.
31. Ordinau Minimum Winter Conditions: Means the temperature
200F. above the lowest recorded temperature for the previous
15 year period.
32. Owner: The holder of the title in fee simple and
any person, group of persons, company, association or corporation
in whose name tax bills on the property are submitted. It
shall mean also any person who, alone or jointly or severally
with others:
(a) Shall have legal title to any dwelling or dwelling
unit, with or without accompanying actual possession
thereof; or
(b) Shall have charge, care or control of any dwelling
or dwelling unit, as owner, executor, executrix,
administrator, trustee, guardian of the estate of
the owner, mortgagee or vendee in possessions, assignee
of rents, lessee, or other person, firm, or corporation
in control of a building, or their duly authorized
agents. Any such person thus representing the actual
owner shall be bound to comply with the provisions
of this ordinance, and of rules and regulations
adopted pursuant thereto, to the same extent as
if he were the owner. It is his responsibility to
notify the actual owner of reported infractions
of those regulations pertaining to the property which
apply to the owner.
33. Person: A natural person, his heirs, executors,
administrators, or assigns, and also includes a firm, partner-
ship, or corporation, its or their successors or assigns or
the.agent of any of the aforesaid.
34. Plumbin : The practice, materials, and fixtures
used in the installation, maintenance, extension, and alteration
of all piping fixtures, appliances, and appurtenances in connection
with any of the following: Sanitary drainage or storm drainage
facilities, the venting system and the public or private
water - supply systems, within or adjacent to any building, structure,
or conveyance; also the practice and materials used in the
installation, maintenance, extension or alteration of storm -
water, liquid- waste, or sewage, and water supply systems of
any premises to their connection with any point of public
disposal or other acceptable terminal.
35. Premises: A lot, plot or parcel of land including
the buildings or structure thereon.
36. Public Area: As used in this Code, means an unoccupied
open space a joi.ni.ng a building and on the same property, that
is permanently maintained accessible to the Fire Department
and free of all incumbrances that might interfere with its
use by the Fire Department.
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37. Re air: The Replacement of existing work with the
same kind of material used in the existing work, not including
additional work that would change the structural safety of
the Building, or that would affect or change required exit
facilities, a vital element of an elevator, plumbing, gas,
piping, wiring or heating installations, or that would be in
violation of law or ordinance. The term "Repair" shall not
apply to any change of construction.
38. Required: Required by some provision of the Code.
39. Residential Occupancy: Buildings in which families
or households live or, in, which sleeping accomodations are
provided, and all dormitories, shall be classified as "Residential
Occupancy ". Such buildings include, among others, the following:
dwellings, multiple dwellings, and lodging houses.
40. Rooming House: Any dwelling, or that part of any
dwelling containing one or more rooming units, in which space
is let by the owner or operator to three or more persons who
are not husband or wife, son or daughter, mother or father,
sister or brother of the owner or operator.
41. Rooming Unit: Any room or group of rooms forming
a single habitable unit used for or intended to be used for
living and sleeping, but not for cooking or eating purposes.
42. Rubbish: Combustible and non - combustible waste -
materials, except garbage, and the term shall include the
residue from the burning of wood, coal, coke, and other combustible
material, paper, rags, cartons, boxes, wood, excelsior, rubber,
leather, tree branches, yard trimmings, tin cans, metal,
mineral matter, glass crockery and dust.
43. Stairway: Onecr more flights of stairs and the necessary
landings an7platrorms connecting them, to form a continuous
and uninterrupted passage from one story to another in a
building or structure.
44. Structure: That which is built or constructed,
an edifice or buililing of any kind, or any piece of work artificially
built up or composed of parts joined together in some definite
manner. The term "structure" shall be construed as if followed
by the words "or part thereof ".
45. Substandard Dwelling or Structure: A dwelling,
dwelling unit, multiple dwelling, apartment, apartment house
or anyother space used or intended to be used as a habitable
living space in any building or structure which does meet
the basic requirements of this Code for such use.
46. Su lied: Paid for, furnished, or provided by or
under control of, the owner or operator.
47. �TTe�mm��orar Housin : Any tent, trailer, or other
structure used or uman s alter which is designed to be
transportable and which is not attached to the ground, to
another structure, or to any utilities system on the same
premises for more than thirty (30) consecutive days.
48. Valuation or Value: As applied to a building, means
the estimate cost to rep ace the building in kind.
49. Ventilation: Thelrocess of supplying and removing
air by natural or mechanical means to or from any space.
50. Walls:
(a) Bearing Walls: A wall which supports any vertical
load in addition to its own weight.
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(b) Exterior Wall: A wall, bearing or non - bearing,
which is used as an enclosing wall for a building,
but which is not necessarily suitable for use
as a Party Wall or Fire Wall.
(c) Foundation Wall: A wall below the first floor
exten ing a Tow the adjacent ground level and
serving as support for a wall, pier, column
or other structural part of a building.
51. Writing: Includes printing and typewriting.
52. Written Notice: Shall be considered to have been
served if deliverea at, or sent by certified mail to the last
business or residential address known to the party giving
the notice.
53. Yard: Means an open unoccupied space on the same
lot with a`EUTilding extending along the entire length of a
street, or rear,cr interior lot line.
54. Meaning of Certain Words: Whenever the words "Dwelling ",
"Dwelling Unit , rooming housg7r "rooming units ", "premises ",
are used in this ordinance, they will be construed as though
they were followed by the words "or part thereof ".
ARTICLE V
MINIMUM STANDARDS
Section 24. No person shall occupy as owner- occupant or
let or sublet to another for occupancy any dwelling unit
designed or intended to be used for the purpose of living,
sleeping, cooking, or eating therein, nor shall any vacant
dwelling building be permitted to continue in violation of this
ordinance which does not comply with the following requirements:
(A) Sanitary Facilities Required. Every dwelling unit
shall contain not less than a kitchen sink, lavatory, tub or
shower and a water closet all in good working condition and
properly connected to any provided water and sewer system.
Every plumbing fixture and water and waste pipe shall be
properly installed and maintained in good sanitary working
condition, free from defects, leaks, and obstructions.
(B) Location of Sanitary Facilities. All required plumbing
fixtures shall be located within the dwelling unit and be
accessible to the occupants of same. The water closet, tub,
or shower and lavatory shall be located in a room affording
privacy to the user.
(C) Hot and Cold Water Supply. Every dwelling unit shall
have connected to the kitchen sink, lavatory, and tub or shower
an adequate supply of both cold water and hot water. All water
shall be supplied through an approved pipe distribution system
connectedto a potable water supply.
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(D) Water Heating Facilities. Every dwelling shall have
water heating facilities which are properly installed and
maintained in a safe and good working condition and are capable
of heating water to such a temperature as to permit an adequate
amount of water to be drawn at every required kitchen sink,
lavatory basin, bathtub or shower at a temperature of not
less than 1200 F. All water heaters shall be equipped with
approved temperature and pressure relief valves, and relief
line of proper size leading to a safe area for discharge. Such
water heating facilities shall be capable of meeting the
requirements of this subsection when the dwelling unit heating
facilities required under theFrovision of this ordinance are
not in operation.
(E) Heating Facilities. Every dwelling unit shall have
heating facilities which are properly installed and maintained
in safe and good working condition, or shall be provided with
sufficient fireplaces, chimneys, flues, or *gas risers whereby
heating appliances may be connected so as to furnish a minimum
temperature of 680F. in all habitable rooms and bathrooms,
measured at a point three (3) feet above the floor during
ordinary winter conditions.
*Shut off valves and caps are required on all gas risers.
(F) Cooking and Heating Equipment. All cooking and
heating equipment and facilities shall be installed in accordance
with the building, gas or electrical code and shall be main-
tained in a safe and good working condition.
(G) Garbage Disposal Facilities. Every dwelling unit
shall have adequate garbage disposal facilities or garbage
storage containers, type and location of which facilities or
containers are approved by the City of Little Rock.
Section 25. Light and Ventilation. No person shall occupy
as owner- occupant or let or sublet to another for occupancy
any dwelling unit designed or intended to be used for the
purpose of living, sleeping, cooking, or eating therein, nor
shall any`acant dwelling building be permitted to continue
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in violation of this Ordinance which does not comply with
the following requirements: In owner occupied dwellings, the
owner of said dwelling may qualify for consideration of waiver
from certain requirements of this Section of the Code.
(A) Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum
total window area, measured between stops, for every habitable
room shall be eight (8) percent of the floor area of such room.
Whenever walls orcther portions of structures face a window
of any such room and such light obstruction structures are
located less than five (5) feet from the window and extend
to a level above that of the ceiling of the room, such a window
shall not be deemedto face directly to the outdoors and shall
not be included as contributing to the required minimum total
window area. Whenever the only window in a room is a skylight
type window in the top of such room, the total window area
of such skylight shall equal at least fifteen (15) percent
of the total floor area of such room. (Owner- occupied Waiver).
(B) Habitable Rooms. Every habitable room shall have
at least one window or skylight which can easily be opened,
or such other device as will adequately ventilate the room.
The total of openable window area in every habitable room
shall equal at least forty -five (45) percent of the minimum
window area size or minimum skylight type window size, as
required, or shall have other approved, equivalent ventilation.
(C) Bathroom. Every bathroom shall comply with the light
and ventilation requirements for habitable rooms except that
no window or skylight shall be required in adequately ventilated
bathrooms equipped with an approved ventilation system capable
of continuous operation while the room is in use.
(D) Electric Lights and Outlets Required.
(1) Every dwelling shall be wired for electric
lights and convenience receptacles. Every habitable room
of such dwelling shall contain at least two duplex floor
or wall type electric convenience outlets; and every
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kitchen, bathroom, bedroom, laundry room, furnace room,
corridors or hallways, and porches shall contain at least
one supplied ceiling or wall type electric fixture. Every
bathroom must provide one (1) convenience outlet and
one (1) ceilirq or wall type fixture with wall switch.
Every such outlet and fixture shall be properly installed,
shall be maintained in good safe working order, and shall
be connected to the source of electric power in a safe
manner. (Owner - Occupany Waiver).
(2) When enforcing authority feels that installation
of wall switch is impractical an approved ceiling mounted
pull chain type light fixture may be used except in the
bathroom and /or over kitchen sink.
(E) Light in Public Halls and Stairways. Every public
hall and stairway in every multiple dwelling containing two
(2) oriwre dwelling units shall be adequately lighted at all
times.
Section 26. Electrical Systems. No person shall occupy
as owner - occupant or let or sublet to another for occupancy
any dwelling unit or dwelling designed or intended to be used
for the purpose of living, sleeping, cooking, or eating therein,
nor shall any vacant dwelling building be permitted to continue
in violation of this ordinance which does not comply with the
following requirements:
(A) All fixtures, receptacles, equipment and wiring shall
be maintained in a statecf good repair, safe, capable of being
used and installed and connected to the source of electric
power in accordance with the adopted electrical code of the
City of Little Rock.
(B) Where the determination is made, upon examination
of the existing electrical service supply, that such electrical
service supply is obsolete or is being used in such manner
as would constitute a hazard to the occupants or would otherwise
constitute a hazard to life and property, the following shall
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be used for determining the adequacy of such service supply
and main disconnect switch:
TOTAL NUMBER OF LIGHTING AND
ELECTRICAL OUTLETS ONLY
0 - 24
25 - 30
CAPACITY OF MAIN SERVICE
SUPPLY AND MAIN DISCONNECT
SWITCH
60 amp service
100 amp service
(C) The minimum capacity of the service and the main
disconnect switch shall be sufficient to adequately carry the
total load required in accordance with the electricalcode of
the City of Little Rock.
Section 27. Exterior and Interior of Structures. No
person shall occupy as owner occupant or let or sublet to another
for occupancy any dwelling or dwelling unit designed or intended
to be used for the purpose of living, sleeping, cooking, or
eating therein, not shall any vacant dwelling building be
permitted to continue in violation of this ordinance which
does not comply with the following requirements: In owner
occupied dwellings, the owner of said dwelling may qualify
for consideration of waiver from certain requirements of this
section of the code.
Section 28. Foundation and Underpinning.
(A) The building foundation walls, underpinning, piers,
or other structural elements shall be maintained in a safe
manner and capable of supporting the load which normal use
may muse to be placed thereon.
(B) Underpinning, and foundation wall, when present must
be constructed to allow adequate cross ventilation with proper
vents and access door.
Section 29. Exterior Walls. The exterior wall shall be
substantially weathertight, watertight, and shall be made
impervious to the adverse effect of weather and be maintained
in sound condition and good repair.
Section 30. Roofs. Roofs shall be maintained in a safe
manner and have no defects which might admit rain or cause
dampness in the walls or interior portion of the Building.
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Section 31. Means of Egress. Every dwelling unit shall
have safe, unobstructed means of egress with minimum ceiling
height as required by Building Code leading to a safe and open
space at ground level.
Section 32. Stairs, Porches and Appurtenances. Every
inside and outside stair, porch and any appurtenances thereto
shall be safe to use and capable of supporting the load that
normal use may cause to be placed thereon, and shall be kept
in sound condition and good repair.
Section 33. Protective Railings. Protective railings
shall be required on any unenclosed structure over three (3)
feet from the ground level or on any steps containing four (4)
risers or more. (Owner - Occupany waiver).
Section 34. Windows and Doors. Every window, exterior
door and basement or cellar door and hatchway shall be weather -
tight, and rodent proof; and shall be kept in sound working
condition and good repair, and shall be provided with proper
hardware and locking device.
Section 35. Windows. Window sash shall be properly fitted
and weathertight within the frame. Window panes or an approved
substitute shall be maintained without cracks or holes.
Section 36. Windows to be Openable. Every window or sky-
light required for light and ventilation for habitable rooms
shall be capable of being opened and secured in position.
Section 37. Door Frames. Every door shall fit reasonably
well within its frame.
Section 38. Screens.
(A) Every door opening directly from a dwelling unit to
outdoor space shall have screens and a self - closing device; and
every window or other device with opening to outdoor space,
used or intended to be used for ventilation, shall likewise
have screens. All screens must be properly constructed in frames.
(B) Dwellings containing central heating furnaces and
air conditioning equipment, for mechanically ventilating the
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building year around, are not required to have screen or
door or window openings. Window type air conditioning units
are not included in this exception. (Owner- occupant waiver).
Section 39. Protective Treatment.
(A) All exterior wood surface, other than decay resistant
woods, shall be protected from the elements and decay by painting
or other protective covering or treatment.
(B) Garages, storage buildings, and other accessory
structures shall be maintained and kept in good repair and sound
structural condition, and shall have protective treatment as
provided in section 39(A)
Section 40. Interior Floor, Walls, and Ceiling. Every
interior floor, wall and ceiling shall be rodent proof, and
shall be kept in sound condition and good repair, and be
properly covered or finished to allow adequate sanitary conditions,
and shall be safe to use and capable of supporting the load
which normal use may cause to be placed thereon.
Section 41. Structural Support. Every structural element
of the dwelling shall be maintained structurally sound and show
no evidence of deterioration which would render it incapable
of carrying loads which normal use may cause to be placed thereon.
Section 42. Protective Railings for Interior Stairs.
Interior stairs and stairwells more than four (4) risers high
shall have handrails located in accordance with the requirements
of the Building Code. Handrails or protective railings shall
be capable of bearing normally imposed loads, and be maintained
in good condition. (Owner- Occupant waiver).
Section 43. Minimum Dwelling Space Requirements. No person
shall occupy as owner - occupant or let or sublet to another
for occupancy and dwelling or dwelling unit designed or intended
to be used for the purpose of living, sleeping, cooking, or
eating therein, nor shall any vacant dwelling building be per-
mitted to continue in violation of this ordinance which does
not comply with the following requirements: In owner - occupied
dwellings, the owner of said dwelling may qualify for consideration
of waiver from certain requirements of this section of the code.
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(A) Required Space in Dwelling Unit. Every dwelling
unit shall contain at least 150 square feet of floor space
for the first occupant thereof and at least 100 additional
square feet of floor area per additional occupant. (Owner-
occupied waiver).
(B) Required Space in Sleeping Rooms. In every dwelling
unit of two or more rooms, every room occupied for sleeping
purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square
feet of floor space of each occupant thereof. (Owner- occupied
waiver).
(C) Minimum Ceiling Height. At least one half of the floor
area of every habitable room, foyer, hall or corridor shall
have a ceiling height of at least seven feet (71) and the floor
area of that part of any room where the ceiling is less
than seven feet (71) shall not be considered as part of the
floor area in computing the total floor area of the room for the
purpose of determining the maximum permissable occupancy thereof.
(Owner- occupied waiver).
(D) Occupancy of Dwelling Unit Below Grade. No basement
or cellar space shall be used as a habitable room or dwelling
unit unless:
(1) The floor and walls are impervious to leakage
of underground surface runoff water and are
insulated against dampness;
(2) The total of window area in each room is equal
to at least the minimum window area size required
in Section 25(A) of this Code;
(3) Such required minimum window area is located
entirely above the grade of the ground adjoining
such window area; and
(4) The total of openable window area in each room
is equal to at leastthe minimum as required
under Section 25(B) of this Code except where
there is supplied some other device affording
adequate ventilation.
Section 44. 'Sanitation Requirements. No person shall
occupy as owner- occupant or let or sublet to another for
occupancy any dwelling or dwelling unit designed or intended
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occupied for sleeping purposes by more than one person shall
contain at least fifty (50) square feet of floor space for each
occupant thereof.
(E) Exit Requirements. Every room unit shall have safe,
unobstructed means of egress leading to safe and open space
at ground level, as required by the laws of the governed area
or of the state.
(F) Sanitary Conditions. The operator of every rooming
house shall be responsible for the sanitary maintenance of
all walls, floors, and ceiling, and floor maintenance of a
sanitary condition in every other part of the rooming house,
and shall be further responsible for the sanitary maintenance
of the entire premises, where the entire structure or building
is leased or occupied by the operator.
ARTICLE VI
DESIGNATION OF UNFIT DWELLINGS AND
LEGAL PROCEDURE OF CONDEMNATION
Section 46. The designation of dwellings or dwelling
units as unfit for human habitation and the procedure for the
condemnation and placarding of such unfit dwellings or dwelling
units shall be carried out in compliance with the following
requirements:
(A) Dangerous Structures. Any dwelling or dwelling unit
which shall be found to have any of the following defects shall
be condemned as unfit for hnnan habitation and declared to be
a nuisance and shall be so designated and placarded by the
Building Official.
(1) One which is so damaged, decayed, dilapidated,
unsanitary, unsafe or vermin- infested that it
creates a serious hazard to the health or safety
of the occupants or of the public.
(2) One which lacks illumination, ventilation, or
sanitation facilities adequate to protect the
health or safety of theoccupants or of the
public.
(B) Form of Notice. Whenever the Building Official has
declared a dwelling or multi - family dwelling as unfit for
human habitation and constituting a nuisance, he shall give
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notice to the owner of such declaration by placarding of the
dwelling or multi - family dwelling as unfit for human habitation.
Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient
for identification;
(3) State time occupants must vacate dwelling units;
(4) Said notice shall further state that, if such
repairs, reconstruction, alteration, removal,
or demolition are not voluntarily completed
within the stated time as set forth in the notice,
the Building Official shall institute such legal
proceedings charging the person or persons,
firm, corporation, or agent with the violation
of this Code.
(5) In case the owner, agent or person in control
cannot be found within the stated time limit,
or if such owner, agent, or person in control
shall fail, neglect, or refuse to comply with
notice to repair, rehabilitate, secure, or demolish
and remove said building or structure or portion
thereof the Building Official, after having
ascertainedthe cost, shall cause such building
or structure or portion thereof, to be demolished
or secured and required to remain vacant.
(6) Costs incurred under Section 46(B)(5) shall be
charged to the owner of the premises involved
and shall be collected in the manner provided
by law.
(C) Service of Notice. Service of notice to vacate shall
be as follows:
(1) By delivery to the owner personally, or by leaving
the notice at the usual place of abode of the
owner with a responsible adult; or
(2) By depositing the notice in the United States
Post Office addressed to the owner at his last
known address by certified mail with postage
prepaid thereon;
(3) By posting and keeping posted for twenty -four (24)
hours a copy of the notice in placard form in
a conspicuous place on the premises to be vacated.
Section 47. Vacating of Declared Building. Any dwelling
or dwelling unit which has been condemned as unfit for human
habitation and so designated and placarded by the Building
Official, shall be vacated within sixty (60) days after notice
of such condemnation has been given by the Building Official
to the owner and /or occupant of the Building.
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Section 48. Occupancy of Building. No dwelling or dwelling
unit which has been condemned and placarded as unfit for
human habitation shall again be used for human habitation until
approval is secured from and placard is removed by the Building
Official. The Building Official shall remove such placard
whenever the defect or defects upon which condemnation and
placarding action were based have been eliminated.
Section 49. Removal of Placard Notice. No person shall
deface or remove the placard from any dwelling or dwelling unit
which has been condemned as unfit for human habitation and
placarded as such, except as provided in Section 48.
Section 50. Violations and Penalties. Any person, firm,
corporation or agent, who shall violate a provision of this
Code, or fail to comply therewith, or with any of the require-
ments thereof, or who shall erect, construct, alter, demolish
or move any structure, or has erected, constructed, altered,
repaired, moved or demolished a building or structure in
violation of any of this Code shall be guilty of a misdemeanor.
Each such person shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any
violation of any of the provisions of this Code is committed,
or continued. Upon conviction of any such violation such person
shall be punished by a fine not to exceed $500.00 for the first
offense and not more than $250.00 for each day of offenses of
a continuing nature.
Section 51. Validity and Separability. If any section,
sub - section, sentence, clause or phrase of this ordinance is
for any reason held to be unconstitutional, such decision shall
not affect the validity of the remaining portion of this Code.
Section 52. Repeal. This Ordinance upon its effective
date shall repeal and supersede Ordinance #12,647 adopted
May 2, 1972, and shall not affect any offense or act committed
or done or any penalty or forfeiture incurred under the provisions
of Ordinance #12,647 occurring prior to the effective date
• _27--
t
of this Ordinance, nor shall such repeal affect any construction,
r
alteration, repair or other activities conducted pursuant to
a building permit or other permit issued prior to the effective
date hereof, or to the extension of the term of any such permit.
Section 53. Effective Date. This code shall be in full
force and effect thirty (30) days from and after the passage
and publication of this Ordinance in accordance with law;
and no Ordinance or Resolution except Ordinance No. 12,647
shall be deemed repealed hereby except to the extent of any
conflict herewith.
PASSED: July 5, 1977
ATTEST: APPROVED: �.
ity Clerk Mayor