Chapter 11.04 – Building Permit

Sections:
11.04.01 Building Permits
11.04.02 Application for building permit
11.04.03 Duration of building permit
11.04.04 Hazards to motorists
11.04.05 Adoption of codes
11.04.06 Designation of city officials
11.04.07 Qualifications of the Code Enforcement Officer
11.04.08 Duties of the Code Enforcement Officers
11.04.09 Code Review Committee
11.04.10 Liability
11.04.11 Right of entry
11.04.12 Bonds
11.04.13 Street and sidewalk openings
11.04.14 Cross connections – backflow
11.04.15 Modifications
11.04.16 Appeals
11.04.17 Fees
11.04.18 Corrections to zoning regulations
11.04.19 Saving clause

11.04.01 Building permits. Pursuant to the city of Mayflower ordinances, Zoning Regulations and the Subdivision of Land and Control of Development Regulations, and in complete agreement with the provisions of those ordinances, a city of Mayflower building permit shall be required before work may be commenced on the construction, or the clearing or excavation for the construction, of any building or structure, or the moving or alteration of any building within the city limits of Mayflower and its planning jurisdiction. (Ord. No. 96-2, Sec. 1.)

11.04.02 Application for building permit. The application for any building permit will be submitted by the landowner concerned to the Code Enforcement Officer, also called Enforcement Officer, and shall contain as a minimum the following information:

A. Name, address, and telephone number of the applicant.
B. Type building to be constructed.
C. Location of the building side.
D. Outside dimensions of the buildings site.
E. Outside dimensions of the proposed building.
F. Classification of zoning district.
G. Date on which construction is proposed to begin.
H. Proposed building distances from all lot lines.
I. Proposed building setback from street right-of-way
J. Source of water and location of the source.
K. Proposed disposal of sewage.
L. Proposed source of electric power, propane or natural gas.
(Ord. No. 96-2, Sec. 2.)

This ordinance shall adopt the current codes adopted by the State of Arkansas as listed above. This ordinance shall apply to all residential, commercial, agricultural, and public building permits approved after the effective date of the ordinance for all construction, remodel, or change-out projects within the jurisdictional authority of the City of Mayflower. Any pending or uncompleted projects for which building permits have been issued prior to the date of this ordinance, or projects for which final occupancy has not been approved, shall be evaluated based on existing building codes adopted by the City of Mayflower at the time of the application for building permit.
(Ord. No. 2023-04, Sec. 2)

11.04.03 Duration of building permit. No excavation or clearing or construction may begin prior to the issuance of a building permit by the city of Mayflower. If a building permit is issued, no excavation or clearing or construction may begin until the date proposed on the application. All construction and excavation must be complete within one (1) year of the date proposed on the application. Failure to complete within one (1) year will require a new building permit application and the payment of all applicable fees. No building permits will be issued more than ninety (90) days prior to the proposed date of beginning excavation, clearing, or construction. Any building permit issued will remain valid only for a period of ninety (90) days from its date of issue and becomes void if excavation, clearing, or construction has not begun within that period.
(Ord. No. 96-2, Sec. 3.)

11.04.04 Hazards to motorists. No buildings, structures, fences, signs, trees, shrubs or hedges shall be placed that create a hazardous condition for people traveling on city streets or highways.
(Ord. No. 96-2, Sec. 4.)

11.04.05 Adoption of codes

A. The following International Codes as approved by the state of Arkansas are adopted by reference as though they were copied herein fully:

B. As part of the Standard Building Code, but with limitations, the 2012 edition of the International Residential Code is expressly adopted for one and two family dwellings. Also, as part of the Standard Building Code, and Arkansas Fire Code, but without limitation, the latest edition of the National Fire Protection Association’s Life Safety Code (NFIPA 101) is expressly adopted as a reference guide. (Ord. No. 2014-03, Sec. 2)

C. From the date on which this Ordinance shall take effect, the provisions of the aforementioned code shall be controlling of all buildings and other structures within the corporate limits of the City of Mayflower, Arkansas, except as regulated by other Ordinances of the City of Mayflower Municipal Code. (Ord. No. 2015-01, Sec. 2)

D. Penalty. Arkansas State Law (Ark. Code Ann. § 14-55-102) empowers municipal corporations to adopt ordinances to provide for the safety, health, comfort, and convenience of inhabitants of the city. Violation of any of the provisions of any of the Codes herein shall be considered a violation of this Ordinance, and shall be punishable as a misdemeanor offense. Violation of any of the provisions of any of the Codes herein adopted as a result of this Ordinance or other provisions of the Ordinance shall be punishable by a fine up to $250.00. Each day that said violation continues shall be a separate offense; and, each day subsequent to the first day of the violations shall be punishable by a fine of up to $250.00 per day.
(Ord. No. 2015-01, Sec. 3)

11.04.06 Designation of city officials
A. The Fire Chief of the Mayflower Volunteer Fire Department shall be the designated official for enforcement of the above-mentioned Standard Fire Prevention Code, the Arkansas Fire Code, and the National Fire Code.

B. For all other adopted codes, the Mayflower Code Enforcement Officer, also called Enforcement Officer, shall be the designated official for the above-mentioned codes. During extended absence or disability, the Mayor of the city of Mayflower may designate an acting building official. Also, should the workload become too great for a single Code Enforcement Officer, the Mayor may seek approval from the City Council for additional Code Enforcement Officers to act under the same provisions of this ordinance. And finally, should inspection and enforcement require specialized training of skills, the Mayor may temporarily appoint such person(s) for the duration of inspection and enforcement activities with the approval of the Mayflower City Council.

C. The Code Enforcement Officer shall be the designate of the Mayor of Mayflower with respect to the enforcement of the Zoning Regulations and the Subdivision of Land and Control of Development Regulations.

Specifically, the Subdivision of Land and Control of Development Regulations allow for administration and enforcement by the Mayor’s designate, according to the following sections:

Section 14.04.01
Section 14.04.02
Section 14.04.07
Section 14.04.09
Section 14.04.11
Section 14.04.13

Also, the Zoning Regulations allow for administration and enforcement by the Mayor’s designate, according to the following section:

Section 14.04.01
Section 14.04.02
Section 14.04.07
Section 14.04.09
Section 14.04.11
Section 14.04.13

D. The Code Enforcement Officer(s) shall be appointed by the Mayor of Mayflower and confirmed by the Mayflower City Council. The appointment shall continue during good behavior and satisfactory service.

E. The Mayor may temporarily suspend the Code Enforcement Officer, with pay, for cause until the next regularly scheduled meeting of the Mayflower City Council, where a full hearing will be conducted on the cause and the suspension either lifted without prejudice or made permanent (termination) by a vote or the City Council. At the hearing, the suspended Code Enforcement Officer will have an opportunity to respond to the accusation or cause before action is taken by the City Council.
(Ord. No. 96-2, Sec. 6.)

11.04.07 Qualifications of the Code Enforcement Officer. The Mayflower Code Enforcement Officer shall be a legal person of lawful age, in good health, physically capable of making the necessary examinations and inspections. The Enforcement Officer shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or connected with building construction, alterations, removal, and demolition. The Enforcement Officer shall not have any interest whatever, directly or indirectly, in any land sale, excavation, clearing, or construction activity for which the Enforcement Officer is involved in the issuance of permits, approvals, inspections or enforcement activities. No part of this section shall be implied or expressed in violation with any applicable State of Arkansas or Federal statutes, including, but not limited to, laws protecting equal employment rights for minorities, women, and the handicapped.
(Ord. No. 96-2, Sec. 7.)

11.04.08 Duties of the Code Enforcement Officers The Code Enforcement Officers shall:

A. Receive applications required by this ordinance, issue permits and furnish the prescribed certificates.

B. Examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely.

C. Enforce all provisions of the Building Code.

D. Make investigations in connection with matters referred to in the building code and render written reports on the same (when requested by proper authority or when the public interest so required).

E. Enforce compliance with the law, to remove illegal or unsafe conditions to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, and issue such notices or orders as may be necessary.

F. Accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability, except that no certificate called for by any provision of the Building Code shall be issued on such reports unless the same are in writing and certified by a responsible officer of such service.

G. Keep comprehensive records of applications, or permits issued, or certificates issued, of inspections made, or reports rendered, and of notices or orders issued.

H. Maintain all records open to public inspection for good and sufficient reasons during the required office hours, but shall not be removed from the office of the Code Enforcement Officer, except by lawful court order or by the direction of the Mayflower City Council.

I. Make written reports to the Mayor of Mayflower (with a copy provided to the Mayflower Planning Commission) once each month by a date specified by the Mayor, or more often if requested, including statements of permits and certificates issued and orders promulgated.

J. Ensure compliance with the Building Code and the ordinances providing for Zoning Regulations and the Subdivision of Land and Control of Development Regulations by applying to a court of law for an order of compliance or injunction, removal of hazards, or to enforce the payment of fees and penalties.
(Ord. No. 96-2, Sec. 8.)

11.04.09 Codes Review Committee. The city of Mayflower shall form and appoint a Codes Review committee to hear appeals from denial or disapproval of permits related to the Building Code. The Mayor of Mayflower shall appoint three (3) members of the Mayflower City Council to serve on the Codes Review Committee and the Chairman of the Mayflower Planning Commission shall appoint three (3) members of the Planning Commission to the Codes Review Committee. Under no circumstances shall a person be appointed who is also Chief of the Mayflower Volunteer Fire Department or a Code Enforcement Officer. The six (6) members of the Codes Review Committee shall elect among themselves a non-voting Chairman. The Committee shall review regularly (at least once per year) the technical application of the Building Code in the community, the compliance procedures and reporting, and recommend needed changes or revisions to the City Council. The Codes Review Committee shall be responsible for seeing that the codes are kept up to date and that enforcement is effective and efficient, yet fair and equitable, and that there is coordinated action on the part of the separate enforcement agents. The Committee shall also work with officials in neighboring communities to establish a code and enforcement system that will have uniform application. The Committee shall convene at the order of the Mayor of Mayflower to hear appeals and other wise as the Committee or its Chairman see fit and necessary.
(Ord. No. 96-2, Sec. 9.)

11.04.10 Liability. Any officer or employee of the city of Mayflower or the Mayflower volunteer Fire Department, charged with the enforcement of this ordinance, acting for the city of Mayflower in the discharge of his or her lawful duties, shall not thereby render themselves liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted on the discharge of these duties. Any suit brought against any officer or employee because of such act performed in the enforcement of any provisions of this code shall be vigorously defended by the City Attorney or the legal representative of the city of Mayflower.
(Ord. No. 96-2, Sec. 10.)

11.04.11 Right of entry. The Code Enforcement Officer, in the discharge of these official duties, and upon proper identification, shall have the authority to enter any building, structure, site or premises at any reasonable hour.
(Ord. No. 96-2, Sec. 11.)

11.04.12 Bonds

A. Every master plumber doing business in the city of Mayflower, Arkansas, shall execute and deliver to the city a bond with a surety bonding company for each plumbing permit issued in the sum of One Thousand Dollars ($1,000.00) to indemnify the city or any citizen for any damage caused by the failure of such master plumber to comply strictly with the provisions of this ordinance. No plumbing permit shall be issued to any master plumber unless this bond has been delivered to the city and is in full force and effect.

B. Any person, firm or corporation doing electrical business in the city of Mayflower, Arkansas, shall execute and deliver to the city a bond with a surety bonding company for each electrical permit in the sum of One Thousand Dollars ($1,000.00) to indemnify the city of any citizen for any damage caused the failure of such person, firm or corporation doing the electrical work to comply strictly with the provisions of this ordinance. No electrical permit shall be issued unless this bond has been delivered to the city and is in full force and effect.
(Ord. No. 96-2, Sec. 12.)

11.04.13 Street and sidewalk openings

A. All openings made in the public streets, alleys or sidewalks to install plumbing must be made as carefully as possible and all materials excavated from the trenches shall be removed or placed where the least inconvenience to the public will result.

B. All openings must be replaced in precisely the same condition as before the excavation started and all rubbish and material must be removed at once, leaving the street or sidewalks clean and in perfect repair.

C. All openings shall be marked with sufficient barriers. Flares or red lamps shall be maintained around the opening at night and all other precautions shall be taken by the plumber or excavator to protect the public from damage to persons or property.
Ord. No. 96-2, Sec. 13.)

11.04.14 Cross connections – backflow

A. The City Water Department and the Code Enforcement Officer of the city of Mayflower, Arkansas, are hereby authorized to discontinue or cause to be discontinued all water services to any and all premises, lands, buildings or structures where it is found that an immediate hazard exists to the purity or potability of the city water supply, by reason of the requirements of the Arkansas State Plumbing Code and the regulations of the Arkansas State Board of Health having not been complied with.

B. The City Water Department and the Code Enforcement Officer of the city of Mayflower, Arkansas, are hereby authorized and directed to take such steps as necessary to determine all potential hazards to the purity or potability of the city water supply which exist. Upon determining said potential hazards, it shall be the duty of said department and said enforcement officer to immediately cause notice to go to the owner or such other person responsible for said premises, specifying said hazards, and notifying said person that in the event that said hazard is not corrected within thirty (30) days from the date of said notice, all water services shall be discontinued thereafter until the requirements of the Arkansas State
Plumbing Code, and the regulations of the Arkansas State Board of Health, have been complied with.
(Ord. No. 96-2, Sec. 14.)

11.04.15 Modifications. The Chief of the Mayflower Volunteer Fire Department shall have the power to modify any of the provisions of the Standard Fire Prevention Code, the Arkansas Fire Code, or the National Fire Code, hereby adopted, upon application in writing by the owner or lessee, or duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of these codes, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Mayflower Volunteer Fire Department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant, the Code Enforcement Officer, Mayflower Planning Commission, Mayor of Mayflower, and the City Council.
(Ord. No. 96-2, Sec. 15.)

11.04.16 Appeals

A. Should the Chief of the Mayflower Volunteer Fire Department disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Chief to the Mayflower Codes Review committee. Such appeals must be made to the Mayor of Mayflower with payment of the filing fee within thirty (30) days of the date of disapproval or denial. The Mayor of the city of Mayflower shall notify the Chief of the appeal, the date of the hearing and order the Mayflower Codes Review Committee to convene within thirty (30) days of receipt of the appeal to hear the appeal and render a decision to approve or reject the appeal. The decision of the Mayflower Codes Review committee is final.

B. Should the Code Enforcement Officer disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Code Enforcement Officer to the Mayflower Codes Review committee. Such appeals must be made to the Mayor of Mayflower with payment of the filing fee within thirty (30) days of the date of disapproval or denial. The Mayor of the city of Mayflower shall notify the Code Enforcement Officer of the appeal, the date of the hearing and order the Mayflower Codes Review committee to convene within thirty (30) days of receipt of the appeal to hear the appeal and render a decision to approve or reject the appeal and render a decision to approve or reject the appeal. The decision of the Mayflower Codes Review Committee is final.
(Ord. No. 96-2, Sec. 16.)

11.04.17 Fees. All fees associated with building, construction, and land development issues shall be set by the City Council and shall be modified or amended, from time to time, without necessity of an ordinance, as the City Council may deem it necessary.

A. Building permit fees:

C. Plumbing Permit Fees (includes water and sewer line inspections):

D. Service Connection Fees

New Subdivision The developer shall pay $225.00 for the Radio Read Meter per lot or water service connection. If required to cross a public street, there shall be an additional road boring fee, this fee will be provided to the customer once the cost of the road bore has been determined.

The above fees do not include plumbing inspection or meter deposit.
(Ord. No. 2017-05, Sec. 1)

Inside city limits Commercial and Industrial Sewer Tap – $350.00
Inside city limits Sewer Tap – $300.00
Outside city Limits Commercial and Industrial Sewer Tap – $450.00
Outside city limits Sewer Tap – $400.00

Areas not served by city sewer must complete the Soil Percolation Test required by the Arkansas Health Department. Test must be approved prior to installing a septic tank and receiving water.
(Ord. No. 2007-7, Sec. 1.)

F. Mechanical and HVACR Inspections:

Inspection of Alterations: The fee for inspecting alterations and additions to an existing system shall be $20.00 unless a new unit is installed.

Re-inspection:
In the event it becomes necessary $25.00 (inside) $35.00 (outside)

H. The Building Code Inspection fee shall be Thirty Dollars ($30.00) per visit whether by the Fire Chief of the Mayflower Volunteer Fire Department, as required for fire prevention, or by the Code Enforcement Officer, relating to all other adopted codes. Contractors and builders are encouraged to combine inspections whenever possible into a single visit to minimize the number of visits required by the Code Enforcement Officer during the construction process.

I. The Filing Fees for Subdivision Plat, Rezoning, Site Plan, Conditional Use Permit, Accessory Use Permit, Board of Zoning Adjustment, Inspection Fees for Water and Sewer Infrastructure, and Codes Review Committee Requests shall be as follows:


H. The Building Code Inspection fee shall be Thirty Dollars ($30.00) per visit whether by the Fire Chief of the Mayflower Volunteer Fire Department, as required for fire prevention, or by the Code Enforcement Officer, relating to all other adopted codes. Contractors and builders are encouraged to combine inspections whenever possible into a single visit to minimize the number of visits required by the Code Enforcement Officer during the construction process.

I. The Filing Fees for Subdivision Plat, Rezoning, Site Plan, Conditional Use Permit, Accessory Use Permit, Board of Zoning Adjustment, Inspection Fees for Water and Sewer Infrastructure, and Codes Review Committee Requests shall be as follows:

J. None of the fees paid under this ordinance are refundable by the city of Mayflower and payment of fees does not guarantee approval or acceptance. Approval and acceptance of an application, inspection or appeal depends upon compliance with the adopted codes and regulations of the city. Fees shall be paid to the City Clerk at the time of the filing of the request or appeal.
(Ord. No. 96-2, Sec. 17.)

K. Inspection of the water and sewer infrastructure The developer shall provide plans of the total footage of infrastructure which consist of water main, water service lines, sewer mains and sewer service lines.

Inspection fee – $1.00 per foot
(Ord. No. 2007-7, Sec. 1.)

11.04.18 Corrections to Zoning Regulations

A. The Mayflower Zoning Regulations has a typographical error allowing for the misspelling of “yard” on page 15 of the regulation. This section corrects the spelling of “yard.”

B. Due to a word processing error, the “City Council” was inserted in the Mayflower Zoning Regulations instead of the correct “Board of Zoning Adjustment” in Section 2.3, paragraph 1.

C. Due to a word processing error, the phrase “Board of Zoning Adjustment or” was omitted from the Mayflower Zoning Regulations immediately before the reference to the City Council in Section 7.8, paragraph I.

D. Due to a word processing error, the “City Council” was inserted in the Mayflower Zoning Regulations instead of the correct “Board of Zoning Adjustment” in Section 7.10.9. (Ord. No. 96-2, Sec. 18.)

11.04.19 Saving clause. Nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.
(Ord. No. 96-2, Sec. 19.)