11422N
b
0
a�
a�
GADINANC E NO. 11,422
IANC ' AIAIENi}ING ThE BUILDING CODE OF THE CITY
Ur L1111.L _�UC:L :, t�!. TdSi1S, BY ADDIINU A b L%. 'I'V BE IUNI.11Lzij
" AAT IV - HOUSING" CGNSISTI vG GF FIVE (5) CHAITEIL:5;
ES'U�,BLISHING NiINII.IIM STANDA ::iJS F6.,{ HOUSING WITHIN THE
CITY GF UITLE A OCi , ARKANSAS, AS CCiAt�.EN1 ED BY THE
SGU'1'HL_Cl
BUILDING COiJ+ CONs�LSS, AS MODIFIED; ! �..WVIDING
FO,: THt; ENFUaC vT_E1vT OF SAID STANDA�i)S; :EPEALING CHAP::.:
1 OF `T'HE CODE OF OF TH `] CITY OF LI1=''
:,W FO
VJtiE�EAS, the Board of Directors of the City of Little
Rock, Arkansas, desires to adopt the provisions relating to housing
standard's for the City of Little :Cock as established by the Southern
Building Code Congress (revised through 1960 -1961) with certain
mod ,ifications; anc
WHE&EAS, notice of the proposed aaoption of such portion
of the Southern Stanciara Building Code entitled 111jart IV- Housing"
has been publishea according to law and copies of said rode with
proposed modifications have been deposited with the City 'Clerk for
the perioa of time required by law;
NO",-4 THEI EF6_-',E, BE IT OaDAINED BY THE BOA &c OF OF
THE CITY OF LITTLE �CiCi %, A&j<AVSAS:
SECTION 1. The Building Code of the City of Little :.lock,
Arkansas, is hereby amended by adding a mart IV entitled "Housing ",
consisting of five (5) chapters as more specifically set forth
in Section 2. hereof.
S�''TIG1v 2. fhe form and substance of the amencment described
in Section 1. hereof to the Building; Code of the City of Little
_ %ocK, arkansas, is as follows:
t
SOUTHERN STANDARD BUILDING CODE
PART IV - HOUSING
CHAPTER I
ADMINISTRATION
Section 101 - Title and Scope
101.1 - TITLE
The provisions embraced within the following chapters and sections
shall constitute and be known and may be cited as The Building Code,
Part IV, Housing ", hereinafter referred to as "this code."
101.2 - CODE REMEDIAL
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 pro-
perty from fire and other hazards incident to the construction, alteration,
repair, removal, demolition, use and occupancy of dwellings, apartment
houses, rooming houses or buildings, structures or premises used as such.
101.3 - SCOPE
(a) The provisions of this Code shall apply to the construction,
alteration, repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every building or structure or any appur-
tenances connected or attached to such buildings or structures.
(b) No privision of this Code shall be held to deprive any federal
or state agency, or any municipal authority having jurisdiction, of
any power or authority which it had on the effective date of this act
or of any remedy then existing for the enforcement of its orders, nor
shall it deprive any individual or corporation of its legal rights as
provided by law, nor shall it affect in any manner the power of the
City to remove and abate nuisances or raze or remove buildings deemed
to be dangerous, unsafe or unsanitary.
101.4 - EXISTING BUILDINGS
The provisions of this Code shall apply to any dwelling, apart-
ment, apartment house or rooming house irrespective of when said build-
ing was constructed, altered, or repaired.
101.5 - MAINTENANCE
All buildings or structures, both existing and new, and all parts
thereof, shall.be maintained in a safe and sanitary condition. All
devices or safeguards which are required by this Code in a building
when erected, altered, or repaired, shall be maintained in good work-
ing order. The owner, or his designated agent, shall be responsible
for the maintenance of buildings, structures and premises to the ex-
tent set out in'Section 310 of this Code. The tenant shall be re-
sponsible for the maintenance of buildings, structures and premises
to the extent set out in Section 310 of this Code.
Section 102 - Organization
102.1 - ENFORCEMENT OFFICER
There is hereby established in the City provisions for the
-2-
enforcement of this Code by the Building Official.
102.2 - RESTRICTIONS ON EMPLOYEES
No officer or employee connected with the department, except one
whose only connection is as a 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 mainten-
ance of a building, or in the making of plans or of specifications there-
14 for, unless he is the owner of such building. No such officer or em-
ployee shall engage in any work which is inconsistent with his duties
or with the interests of the department.
102.5 - RECORDS
The Building Official shall keep, or cause to be kept, a record
of the business of the department. The records of the department
shall be open to public inspection.
Section 103 - Powers and Duties of Building
Official
103.1 - INSPECTION
The enforcing official, with the consent of the occupant, is hereby
.authorized and directed to make inspections to determine the condition
of dwellings, dwelling units and premises located within the City, in
order that he may perform his duty in enforcing the terms and pro -
visions of this chapter; provided that if consent not be granted, the
enforcing official shall give the occupant advance written notice of
not less than five days prior to inspection. Such notice shall be by
-registered mail and shall specify an exact hour and date of the pro-
posed inspection which shall be reasonable as to time of day,and day
of week; and further provided that if consent not be granted the en-
forcing official shall be required to obtain a warrant before entry
and inspection. Every occupant of a dwelling unit or premises, shall
give the owner thereof, or his agent or employee, access to any part
of such dwelling or dwelling unit, or its premises, at all reasonable
times for the purpose of making such repairs and alteration.as are
necessary to effect compliance with the provision of this chapter or
any lawful order issued pursuant to the,.provisions of this chapter.
103.2 - 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, obsolescense, or
abandonment, are severally in contemplation of this section, unsafe
buildings„ All such unsafe buildings are 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 shall find any building or
structure or portion thereof to be unsafe, unsanitary, or unfit for
human habitation, he shall give the owner, agent, or person in con -
trol of such building or structure written notice stating the de-
fects thereof. This notice shall require the owner within a stated
time either to complete specified repairs or improvements, or to
demolish and remove the building or structure or portion thereof.
-3-
(b) The Building Official shall cause to be posted at each
entrance to such building a notice:- "THIS BUILDING IS.UNSAFE AND ITS
USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL." Such
notice shall remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for�any person, firm,
or corporation or their agents, or other servants, to remove such
notice without written permission of the Building Official, or for
any person to enter the building except for the purpose of making the
required repairs or of demolishing same.
(c) The owner, agent or person in control shall have the right
to appeal from the decision of the Building Official, as provided
hereinafter, and to appear before the Board of Adjustments and Appeals
.at -a specified time and place to show cause why he should not comply
with said notice.
(d) 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, or to demolish and remove said building or structure
or portion thereof, the Building Official, after having ascertained
the cost, shall cause such building or structure or portion thereof,
to be demolished, secured, or required to remain vacant.
(e) Costs incurred under paragraph 103.2 (d) shall be charged to
the owner of the premises involved and shall be collected in the
manner provided by law.
103.3 - REQUIREMENTS NOT COVERED BY CODE
Any requirement, 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 Board of Adjustments and Appeals.
Section 104 - Inspections
104.1 - INSPECTIONS
(a) The Building Official shall of his
receipt of complaints cause to be made such
sary to determine the fitness of a dwelling
He shall make a record of every such inspec
of this Code.
(b) The Building Official may make, or
deputy, the inspections called for by these
105.1
own volition or upon
inspections as are neces-
unit for human occupancy.
tion and of all violations
cause to be made by his
requirements.
Section. 105 - Hardships
Where the literal application of the requirements of this Code
would cause undue hardship an exception may be granted by the Building
Official upon written application therefor. Such application shall
state the reasons why the exception should be granted. Such exception
shall be made in writing and only when it is clearly evident that
reasonable safety and sanitation is assured, and such exception shall
be conditioned in such a manner as to achieve that end. Such condi-
tions-may include restrictions not generally specified by this ordi-
nance.
Exceptions granted in accordance with the terms of this section
shall be subject to review by the Board.
-4-
Section 106 - Housing Board of Adjustments
and Appeals
106.1 - APPOINTMENT
There is hereby created a Housing Board of Adjustments -and
Appeals which shall consist of five voting members who shall be
appointed,by the city manager with the approval of the Board of
Directors, who shall designate one of the five members .as chairman.
Each of said five members shall be a qualified elector, shall have
been a resident of the State of Arkansas for no fewer than ten years
.and shall have been a resident within the City of Little Rock no
fewer than five years preceding his appointment. None of the members
shall hold or be.a candidate for any other public office or position
nor shall any member be related by blood.or� marriage to any member
of the legislative, executive or judicial.branches of the city govern-
ment.
106.2 - TERM OF OFFICE
Of the members first appointed two shall be appointed for.a
term of one year, two for a term of two years, one for term of
three years, and thereafter they shall be appointed for terms of
three years. Vacancies shall be filled for an unexpired term in
the manner in which original appointments are required to be made.
Conti-mued -abse-n-ce of any member from regular-meetings of the Board
shall, at the discretion of the Chief Appointing Authority, render
any such member liable to immediate removal from office.
106.3 - QUORUM
Three members of the Board shall constitute a quorum. In vary-
ing-the application of any provisions of this Code or in modifying
an order of the Bui -lding Official, affirmative -votes of the majority
present, but not. less than three affirmative votes shall -be required.
No board member shall act in a case in which he has a personal interest.
106.5 - PROCEDURE
The Board shall establish rules and regulations for its own
procedure not inconsistent-with the provisions of this Code. The
Board shall meet -at regular intervals, to be determined by the Chair-
man, or in any event; the Board shall meet within ten days after
notice of appeal has been received.
Section 107 - Appeals
107.1 - TIME LIMIT
(a) 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, the owner, or his duly authorized agent, may
appeal from the decision of the Building Official to the Housing
Board of Adjustments and Appeals. Notice of appeal shall.be in
writing and filed within 90 days after the decision is rendered by
the Building Official.
(b) 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.
(c) The Housing Board of Adjustments and Appeals shall have the
-5-
power to issue subpoenas and subpoenas duces tecum when requested by
either -side when reasonably necessary to obtain pertinent evidence
.and any member of the Board shall have authority to administer oaths.
Section 108 - Decisions of the Housing'Board
of Adjustments and Appeals
108.1 - VARIATIONS AND MODIFICATIONS
(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 conditions upon which it is
made and the reasons therefor.
108.2 - DECISIONS
(a) Every decision of the Housing Board of Adjustments and Appeals
shall be final, subject, however, to such remedy as any aggrieved
party might have by,appeal to the Circuit Court. It shall be in
writing, shall indicate the vote upon the decision, and shall be
signed by all members of the Board who shall concur in the decision.
Every decision shall be promptly filed in the office of the Building
Official, and shall be open to public inspection; a signed copy shall
be sent by mail or- otherwise to the appellant and a copy shall.be
kept posted in the office of the Building Official for two weeks after
filing.
(b) The Housing Board of Adjustments and Appeals shall in every
case reach a decision without unreasonable or unnecessary delay.
(c) If a decision of the Housing Board of Adjustments and Ap-
peals 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 109 - 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 requirements thereof, or who shall erect, construct, alter, de-
molish or move any structure, or has erected, constructed, altered,
repaired, moved or demolished a building or structure in violation
of this Code shall be guilty of a misdemeanor and shall be punish -
able, upon conviction by a fine of not less than five dollars nor
more than fifty dollars; and each twenty day period such violation
continues shall be considered a separate offense.
Section 110 - Validity
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 portions of this Code.
-6-
CHAPTER II
DEFINITIONS
Section 201 - Definitions
201.1
For the purpose of this Code, certain abbreviations, terms,
phrases, words, and their derivatives, shall.be construed as set
forth in this Section.
201.2
Words used in the present tense include the future. Words in
the masculine gender include the feminine and neuter. The singular
number includes the plural and the plural number includes the
singular. Words in the feminine and neuter gender include the masculine.
ALTER OR ALTERATION - means any change or modification in
construction or occupancy.
APARTMENT - means 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 housekeeping purposes.
APARTMENT HOUSE - means 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 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.
APPROVED - means approved by the Building Off.ici.a.l.
AREA - as applied to the dimensions of a building, means the
maximum horizontal projected area of the building at grade.
AREA - (See FLOOR AREA).
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.
BASEMENT - means that portion of a building between floor -and
ceiling, which is partly below and partly above grade (as defined
in this Section), but so located that the vertical distance from grade
to the floor below is less than the vertical distance from grade to
ceiling, provided, however, that the distance from grade to ceiling
shall be at least four (4) feet six inches. (see STORY).
BUILDING - means 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 thereof ".
EXISTING BUILDING - means a building erected prior to the
adoption of this Code, or one for which a legal building permit-has
been issued.
BUILDING OFFICIAL - means the officer, or other person, charged
with the administration and enforcement of this Ordinance or his
duly authorized representative.
CELLAR - means that portion of a building, the ceiling of which
is entirely below grade or less than four (4) feet six (6) inches
above grade. ( See STORY).
CITY - means the municipal corporation which has adopted this
Code.
-7-
DWELLING - when used in this Code without other.qualifieations,
means a structure occupied exclusively for residential purpose by
not more than two families.
DWELLING UNIT - means any room or group of rooms located 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.
EXISTING BUILDING - (See BUILDING - EXISTING BUILDING).
EXIT CORRIDOR - means any corridor or passageway used as an
integral part -of 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.
EXIT PASSAGEWAY - means an enclosed.hallway or corridor connect -
ing a required exit to a street.
EXTERMINATION - means the control and elimination 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 approved by the
Building Official.
FAMILY - means one or more persons living together, whether
related to each other by birth or not,.and having common house -
keeping facilities.
FLOOR AREA - means the area included within surrounding walls
of a building exclusive of vent shafts and courts.
GARBAGE - means the animal and vegetable waste resulting from
the - handling, preparation, cooking, and consumption of food.
GRADE - with reference to a building-means, when the curb Level
has 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.
HABITABLE ROOM - means a room occupied by one or more persons
for living, eating or sleeping purposes. It does not include toilets,
laundries, serving and storage pantries, corridors, cellars, and
spaces that are not used frequently or during extended periods.
HEATING - the definitions following under this paragraph shall
apply to heating installations:
CENTRAL HEATING BOILERS AND FURNACES - Heating furnaces
and boilers shall include warm.air furnaces, floor' mounted
direct -fired unit heaters, hot water boilers, and steam boilers
operating at not in excess of 15 pounds of gauge pressure,
used for heating of buildings or structures.
CHIMNEY - A vertical shaft of masonry, reinforced concrete,
or other approved non - combustible, heat resisting material
enclosing one or-more_fl.ues, for the purpose of removing pro-
ducts of combustion from solid, liquid, or gas fuel.
FLUE - A vertical passageway for products of combustion.
VENT PIPE - As applied to heating, means a pipe for re-
moving products of combustion from gas appliances.
WATER HEATER - A device for the heating and storage of
water to be used for other than heating or industrial purposes.
INFESTATION - means the presence, within or around a
dwelling, of any insects, rodents, or other pests.
INNER COURT - an open unoccupied space bounded by the walls of the
building, but located within the exterior walls of the building.
MULTIPLE DWELLING - has the same meaning as APARTMENT HOUSE.
OCCUPANT - means any person, over l year of age, living, sleeping,
cooking, or-eating in, or having actual possess -ion of a dwelling -unit
or rooming,unit.
-OPERATOR — means any person who has charge, care, or control of
a building, or part thereof, in which dwelling units or rooming units
are let.
ORDINARY MINIMUM WINTER CONDITIONS - means the temperature 20°
F. above the lowest recorded temperature for the previous 15 year
period.
OWNER - includes his du.ly authorized agent or attorney, a pur-
chaser, devisee, fiduciary, and a person having a vested or contigent
interest-in the property in. question.
PERSON - means a natural person, his heirs, executors, admin-
istrators, or assigns, and also includes a firm, partnership, or cor-
poration, its or their successors or assigns, or the agent of any of
the aforesaid.
PLUMBING - Plumbing is 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, with-
in 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 sewerage, and water -
supply systems of any premises to their connection with any point of
public disposal or other acceptable terminal.
PUBLIC PLACE - as used in this Code, means an unoccupied open
space.adjoining a building and on the same property, that is perma-
nently maintained accessible to the Fire Department -and free of all
incumbrances that might interfere with its use by the Fire Department.
REPAIR - means 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 fadilities, a vital element of
an elevator, plumbing, gas piping, wiring or heating installations,
or that would be in violation of a provision of law or ordinance.
The term "Repair" or "Repairs" shall not apply to any change of con -
struction.
REQUIRED - means required by some provision of this Code.
RESIDENTIAL OCCUPANCY - Buildings in which families or house -
holds live or in which sleeping accommodations are provided, and all
dormitories, shall be classified as "Residential Occupancy ". Such
buildings include, among others, the following: dwellings, multiple
dwellings, and lodging houses.
ROOMING UNIT - means any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking.or, eating purposes.
ME
ROOMING HOUSE - means 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, or sister or brother of the
owner or operator.
RUBBISH - means combustible and non- combustible waste materials,
except garbage; and.the term shall include the residue from the burn-
ing of wood, coal, coke, and other combustible material, paper, rags,
cartons, boxes, wood excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass crockery, and dust.
SUPPLIED - means paid for, furnished, or provided by or under
the control.of the owner or operator.
MEANING OF CERTAIN WORDS - Whenever the words "apartment ",
"apartment house ", or "dwelling ", "dwelling unit ", "rooming house ",
"rooming unit ", "premises ", are used in this Ordinance they shall be
construed as though they were followed by the words "or any part
thereof."
STAIRWAY - means one or more flights of stairs and the necessary
landings and platforms connecting them, to form a continuous and un-
interrupted passage from one story to another in a building or
structure.
STORY - means that portion of a building included between the
upper surface of any floor and the upper surface of the floor next
above, except that the topmost story shall -be that portion of a build-
ing included between the upper surface of the topmost floor and the
ceiling or roof above.
STRUCTURE - means that which is built or constructed, an edifice
or building 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."
VALUATION OR VALUE - as applied to a building, means the estimated
cost to replace the building in kind.
WALLS
BEARING WALLS - means a wall which supports any vertical
load in addition to its own weight.
CAVITY WALL - means a wall built of masonry units or of
plain concrete, or a combination of these materials, so ar-
ranged as to provide -an air apace within the wall, and in which
the inner and outer parts of the wall are tied together with
metal ties.
CURTAIN WALL - means a non - bearing -wall.between columns or
piers and which is not supported by girders or beams, but is
supported on the ground.
FACED WALL - means a wall in which the masonry facing and
backing are so bonded as to-exert common action under load.
EXTERIOR WALL - means .a wall, - bearing or non - bearing, which
is used as.an enclosing wall fora building, but which is not
necessarily suitable for use as a Party Wall.or Fire Wall.
FIRE WALL - means.a wall of incombustible construction which
subdividies a building or separates buildings to restrict the
spread of fire and which starts at the foundation and extends
continuously through all stories to.and above the roof, except
where the roof is of fireproof or fire- resistive construction
QE
and the wall is carried up tightly against the underside of the roof
slab.
FOUNDATION WALL -- means a wall below the first floor extending
below the adjacent ground level and serving as support fora wall
pier, column or other structural part of a building.
HOLLOW WALL OF MASONRY - means a wall built of masonry units so
arranged as to provide an air space within the wall, and in which the
inner and outer parts of the wall are bonded together with masonry
units or steel.
NON- BEARING WALL - means a wall which supports no load other
than its own weight.
PANEL WALL - means .a non-bearing wa I I in skeleton or framed
construction, built - between columns or piers and wholly supported
at each story.
PARAPET WALL - means that part of any wall entirely above the
roof line.
PARTY WALL - means a wall used or adapted for joint service
between two (2) buildings.
RETAINING WALL - means any wall used to resist the lateral
displacement of any material.
WRITING - includes printing and typewriting.
WRITTEN NOTICE - shall be considered to have been served if
delivered at, or sent by registered mail to the last business address
known to the party giving the notice.
-11-
CHAPTER III
MINIMUM STANDARDS FOR DWELLINGS AND
APARTMENTS FIT FOR HUMAN HABITATION
Section 301 - General
301.1
All dwellings and apartments shall provide for a healthful environment
with living facilities arranged and equipped to assure such a condition.
Under this chapter appear the fundamental Code requirements which shall
be observed in determining the fitness of a dwelling for human habitation.
301.2
No person shall occupy as owner- occupant or let to another for occupancy
any dwelling for the purpose of living, sleeping, cooking, or eating therein,
which does not comply with this Code.
Section 302 - Minimum Standards for
Plumbing Systems and Equipment
Every dwelling unit shall contain not less than the following:
(a) Each dwelling unit shall be connected to a potable water supply and
to the public sewer, if sewer facilities shall be available within 300 feet
of the property, or other approved sewerage disposal system.
(b) Each dwelling unit shall contain not less than a kitchen sink, lava-
tory, tub or shower and a water closet, all in good working condition and in-
stalled in such a manner as to be reasonably safe.
(c) All plumbing fixtures shall be in a state of good repair and in
good working order.
(d) All required plumbing fixtures shall be located within the dwelling
unit and be accessible to the occupants of same. The water closet, and tub or
shower shall be located in a room or rooms affording privacy to the user.
(e) Every dwelling unit shall have connected to the kitchen sink, lava-
tory, 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 con-
nected to a potable water supply.
(f) Provided, however, that the occupants of not more than two dwelling
units in the same building may share the plumbing facilities enumerated above.
Section 303 - Minimum Requirements for
Light and Ventilation
No person shall occupy as owner - occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living therein, which does
not comply with the following requirements:
303.1
Every habitable room shall have at least one window or skylight facing
directly to the outdoors or shall have other adequate electrical lighting.
The minimum total window area measured between stops, for every habitable
room shall be 10 per cent of the floor area of such room. Whenever walls
or other portions of structures face a window of any such room and such light-
-12-
obstruction structures are located less than 5 feet from the window and
extend to a level above that of the ceiling of the room, such a window shall
not be deemed to 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 15 per cent of the total
floor area of such room.
303.2 - 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 to at least 45 per cent of the minimum
window area size or minimum skylight -type window size, as required,
or shall have other approved, equivalent ventilation.
303.3 - BATHROOM AND WATER CLOSET ROOMS
Every bathroom and water closet compartment shall comply with
the light and ventilation requirements for habitable rooms except
that no window or skylight shall be required in adequately venti-
lated bathrooms and water closet rooms equipped with an approved
ventilation system which can be kept in continuous operation while
the room is in use.
303.4 - ELECTRIC SERVICE
Every dwelling shall be wired for electric lights and conven-
ience receptacles. Every habitable room shall contain at least one
electric light and one floor or wall -type electric convenience receptacle.
There shall be installed in every bathroom, water closet room, laundry
room and furnace room at least one supplied ceiling, or wall type electric
light fixture.
Every public hall and stairway in every multiple dwelling shall
be adequately lighted by electric lights at all times when natural
daylight is not sufficient.
Section 304 - Minimum Requirements for
Electrical Systems
304.1
All fixtures, receptacles, equipment and wiring shall be maintained
in a state of good repair, safe, capable of being used and hereafter
installed in accordance with the City Electrical Code.
Section 305 - Minimum Requirements for Heating
305.1 - GENERAL
Every dwelling unit shall have provisions for providing heat in ac-
cordance with Section 305.2 or Section 305.3.
305.2 - CENTRAL AND ELECTRIC HEATING SYSTEMS
Every central or electric heating system shall be of sufficient
capacity so as to heat each dwelling unit to which it is connected
with a minimum temperature of 700 F. measured at a point 3 feet above
the floor during ordinary minimum winter conditions.
-13-
305.3 - OTHER HEATING FACILITIES
Where a central or electric heating system is not provided,
each dwelling unit shall be provided with sufficient fireplaces,
chimneys, flues, or gas vents whereby heating appliances may be
connected so as to furnish a minimum temperature of 70' F. measured
at a point three feet above the floor during ordinary minimum
winter conditions; provided, however, this shall not prohibit the use
of unvented space heaters adquate to furnish such temperature.
305.4 - INSTALLATION AND MAINTENANCE
Heating appliances and facilities shall be installed in accord-
ance with the Building Code and shall be maintained in a safe and
good working condition.
Section 306 - Minimum Standards for Space,
Use and Locations.
306.1 - GENERAL
No person shall occupy or shall let to another for occupancy
any dwelling, rooming house, dwelling unit, or rooming unit which
does not comply with the following minimum standards for space, use
and location:
306.2 - DWELLING UNIT
Every dwelling unit shall contain at least one hundred and fifty
square feet of habitable floor area for the first occupant, at least
one hundred square feet of additional habitable floor area for each
of the next three occupants, and at least seventy -five square feet of
additional habitable floor area for each additional occupant.
306.3 - ROOMS OCCUPIED FOR SLEEPING PURPOSES.
In every dwelling unit and in every room unit, every room
occupied for sleeping purposes by one occupant shall contain at
least seventy square feet of floor area, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
fifty square feet of floor area for each occupant twelve years of
age and over and at least thirty -five square feet of floor area for
each occupant under twelve years of age.
306.4 - FLOOR AREA CALCULATION
Floor area shall be calculated on the basis of habitable room
area. However, closet area and hall area within the dwelling unit,
where provided, may count for not more than ten per cent of the re-
quired habitable floor area. At least one -half of the floor area
of every habitable room shall have a ceiling height of at least seven
feet; and the floor area of any part of any room where the ceiling
height is less than four and one -half feet shall not be considered as
part of the floor area in computing the total floor area of the room
to determine maximum permissible occupancy.
306.5 - OCCUPANT
For the purposes of this section a person under one year of age
shall not be counted as an occupant.
306.6 - SINGLE FAMILY DWELLINGS
The Board of Directors finds further that healthful and sanitary condi-
tions in relation to space, use and location generally prevail in single
family dwellings occupied by one family only. Therefore, the provisions of
subsections 306.2, 306.3, and 306.4 shall not be applicable to single
family dwellings occupied by one family only. For the purpose of this sub-
section a ''single family dwelling" means a dwelling containing no more
than one dwelling unit; and a "family" as herein used means husband, wife,
children and mother and father of the husband and wife.
306.7 - CELLAR
No cellar shall be used for living purposes.
306.8 - BASEMENTS
No basement shall be used for living purposes unless:
(a) The floor and walls are substantially water tight;
(b) The total window area, total openable area and ceiling height
are equal to those required for habitable rooms;
(c) The required minimum window area of every habitable room
is entirely above the grade adjoining such window area, not
including stair wells or access ways.
Section 307- Minimum Standards for Safe
and Sanitary Maintenance.
307.1 - GENERAL
No person shall occupy as Owner- occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit, or rooming
unit which does not comply with the following minimum standards for
safe and sanitary maintenance:
307.2 - EXTERIOR FOUNDATION, WALLS AND ROOFS
Every foundation wall, exterior wall and exterior roof shall be
substantially weathertight, watertight and rodent proof; shall be
kept in sound condition and good repair; and shall be safe to use
and capable of supporting the load which normal use may cause to be
placed thereon; provided, however, solid and continuous foundation
walls are not hereby required for existing buildings, which, on the date
of adoption of this Code, did not have solid and continuous foundation
walls.
307.3 - INTERIOR FLOOR, WALLS AND CEILINGS
Every floor, interior wall and ceiling shall be substantially
rodent proof; shall be kept in sound condition and good repair; and
shall be safe to use and capable of supporting the load which normal
use may cause to be placed thereon.
307.4 - WINDOWS AND DOORS
Every window, exterior door and basement or cellar door and
hatchway shall be substantially weathertight, watertight and rodent
proof; and shall be kept in sound working condition and good repair.
-15-
307.5 - STAIRS, PORCHES AND APPURTENANCE
Every inside and outside stair, porch,
thereto shall be safe to use and capable of
normal use may cause to be placed thereon;
sound condition and good repair.
307.6 - BATHROOM FLOORS
and any appurtenance
supporting the load that
and shall be kept in
Every bathroom floor surface and water closet compartment
floor surface shall be constructed and maintained so as to be sub-
stantially impervious to water and so as to permit such floor to be
easily kept in a clean and sanitary condition.
307.7 - SUPPLIED FACILITIES
Every supplied facility, piece of equipment or utility, which
is required under this Code shall be so constructed and installed
that it will function safely and effectively, and shall be main-
tained in sound working condition.
307.8 - DRAINAGE
Every yard shall be properly graded so as to obtain thorough
drainage and so as to prevent the accumulation of stagnant water.
307.9 - EGRESS
Every dwelling unit shall be provided with at least one suitable
means of continuous egress from the building within which it is located;
provided that in buildings containing multiple dwelling units such
means of egress shall not exceed 30' from the entrance of any dwelling
unit. .
Section 308 - Minimum Standards for Control
of Insects, Rodents and In-
festations.
308.1 - SCREENS
In every dwelling unit , for protection against mosquitoes, flies,
and other insects, every door opening directly from a dwelling unit to
outdoor space shall have supplied and installed screens and a self -
closing device; and every window or other device with openings to out-
door space, used or intended to be used for ventilation, shall likewise
be supplied with screens installed.
308.2 - RODENT CONTROL
Every basement or cellar window used or intended to be used for venti-
lation, and every other opening to a basement which might provide an entry
for rodents, shall be supplied with screens installed or such other approved
device as will effectively prevent their entrance.
308.3 - INFESTATION
Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of any insects, rodents,
or other pests therein or on the premises; and every occupant of a
dwelling unit in a dwelling containing more than one dwelling unit
shall be responsible for such extermination whenever his dwelling
unit is the only one infested. Notwithstanding the foregoing
,e
provisions of this sub - section, whenever infestation is caused by
failure of the owner to maintain a dwelling in a rat proof or reason-
ably insect proof condition, extermination shall be the responsi-
bility of the owner. Whenever infestation exists in two or more of
the dwelling units in any dwelling, or in the shared or public parts
of any dwelling containing two or more dwelling units, extermination
thereof shall be the responsibility of the owner.
309.1 - RUBBISH
Every dwelling unit shall be supplied with adequate rubbish
storage facilities.
309.2 - GARBAGE
Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers, having a capacity of not
more than 20 gallons each container.
Section 310 - Responsibilities of Owners
and Occupants
310.1 - PUBLIC AREAS
Every owner of a dwelling containing two or more dwelling units
shall be responsible for maintaining in a clean and sanitary condi-
tion the shared or public .areas of the dwelling and premises thereof.
310.2 - DWELLING UNIT
Every occupant of a dwelling or dwelling unit shall keep in a
clean and sanitary—condition—that part of the dwelling, dwelling
unit, and premises thereof which he occupies and controls.
310.3 - GARBAGE
Every occupant of a dwelling or dwelling unit shall dispose of
all his garbage, and any other organic waste which might provide
food for rodents, in a clean and sanitary manner, by placing it in
the garbage disposal facilities or garbage storage containers. In
all cases the occupants shall be responsible for the availability of
garbage storage containers.
310.4 - RUBBISH
Every occupant of a dwelling or dwelling unit shall dispose of
all his rubbish in a clean and sanitary manner by placing it in the
rubbish storage facilities.
310.5 - EXTERMINATION
See Section 308.3 - Infestation.
310.6 - PLUMBING FIXTURES
Every occupant of a dwelling unit shall keep all plumbing fix-
tures therin a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
-17-
310.7 - CARE OF FACILITIES, EQUIPMENT, AND STRUCTURE
No occupant shall willfully destroy, deface, or impair any of
the facilities, equipment or any part of the structure of a dwelling
unit, dwelling, multi - dwelling or apartment.
CHAPTER IV
ROOMING HOUSES
No person shall operate.a rooming house or-shall let to another
for occupancy.any room unless such rooming house or room shall com-
ply with all applicable state, county or municipal statutes or
ordinances.
CHAPTER V
CONDEMNATION AND DEMOLITION OF UNFIT DWELLINGS
501.1 - DESIGNATION AND CONDEMNATION OF UNFIT DWELLINGS
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and pla-
carding of such unfit dwellings or dwelling units shall be carried
out in compliance with the provisions of this.Chapter.
501.2 - DESIGNATION AND DEMOLITION
Any dwelling or dwelling unit which shall.be found to have any
of the following defects shall be condemned as unfit for human habi-
tation and shall be so designated and placarded.by the enforcing
official as follows:
(a) One which is so damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin infested that it creates a serious haz-
ard to the health or safety of the occupants or of the
public.
(b) One which lacks illumination, ventilation, or sanitation
facilities adequate to protect the health or safety of
the occupants or of the public.
(c) Any dwelling or dwelling unit condemned as unfit for
human habitation and so designated and placarded by the
enforcing official, shall be vacated within a reasonable
time as ordered by the enforcing official.
(d) No dwelling or dwelling unit which has been condemned and
placarded as unfit for human habitation shall again be
used for human habitation until written approval is secured
from, and such placard is removed by, the enforcing official.
The enforcing official shall remove such placard whenever
the defect or defects upon which the condemnation and
placarding action were based have been eliminated.
(e) No person shall deface or remove the placard from any
dwelling or dwelling unit which has been condemned as
unit for habitation and placarded as such except as pro-
vided in sub- section (3).
(f) Any person affected by any notice or order relating to the
condemning and placarding of a dwelling or dwelling unit as
unfit for human habitation may require and shall be granted
a hearing.on the matter before the enforcing official.
(g) If, after notice and hearing, the enforcing official deter-
mines that a dwel,ling or dwelling unit is in such condition
that it is dangerous or injurious to the health and safety
of the public, the occupants of the dwelling or dwelling
unit, or the occupants of the neighboring dwellings or
dwelling units, he shall issue and cause to be served upon
the owner an order requiring him to repair, alter, or im-
prove the dwelling or dwelling unit to the extent and with -
in a reasonable time to be specified in the order, or, at
the option of the owner, to remove or demolish the dwelling
or dwelling unit. Subject to the rights of appeal to the
Board of Housing Appeals and a court of competent juris-
diction, all as provided for by law, if the owner fails to
comply with an order to remove or demolish the dwelling
or dwelling unit within the time prescribed, and if authorized
by an ordinance passed by the Board of Directors, which
ordinance shall specify the time within which the occupant
or occupants must vacate the premises to be demolished or
removed, the enforcing official may have the dwelling or
dwelling unit removed or demolished provided any and all
holders of mortgages and other liens of record have been
notified. For the purpose of this provision fifty per cent
of the fair market value of the structure, as shown in the
records of the county assessor, is fixed as being a reason-
able cost.
501.3 - LIEN FOR COST OF DEMOLITION - SALE OF MATERIALS
To secure the payment of the cost of
said real estate there is hereby created a
real estate i n favor of the City of Little
dwelling unit is removed -or demolished by
must sell the materials at a public sale.
ceeds of ibhat sale against the cost of the
501-4 - ENFORCEMENT OF LIEN
removal or demolition of
lien against the said
Rock. If the dwelling or
the enforcing official, he
He shall credit-the pro -
removal or demolition.
When such demolition or removal has been completed, the enforc-
ing official shall cause a statement to be filed with the Circuit
Clerk of Pulaski County, Arkansas, showing the cost and expense of
such work-and the amount of money due and owing to the City of Little
Rock, a brief description sufficient to identify the property removed,
and the name of the owner thereof. From the date of filing, the
amount shown by such statement to be due and owing to the City together
with five per centum interest thereon from the date of completion of
such work shall.be a lien on said property. A suit may be instituted
and recovery and foreclosure of the lien for any such amount and
interest may be had in the name of the City in any court having juris-
diction.
s
6--' uN 3. :_- "iapter la of the Code of Ordinances of the
City of Little <'oe c, ,ri-ansas, in its entirety ancA all other
UrGinanccs and Darts of ��rainances in conflict herewith are hereby
resealed and this urainancc shall be in full force and effect from
ana a.Lter its yaassa; --e.
PASSED: August .190 1963
City .Glen. Mayor.