Sections:
11.16.01 Adoption of fire prevention code
11.16.02 Enforcement
11.16.03 Establishment of districts in which storage of flammable liquids in outside above ground tanks, bulk storage of liquified petroleum gases and storage of explosives and blasting agents is to be restricted
11.16.04 Modifications
11.16.05 Appeals
11.16.06 Penalties
11.16.07 Application to Building Permits Issued After Effective Date of Ordinance
11.16.08 Automatic Adoption of Amended or Revised Building Codes
11.16.01 Adoption of fire prevention code. There is hereby adopted by the city of Mayflower, Arkansas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Standard Fire Prevention Code, of which code not less than three (3) copies have been and are now filed in the office of the Recorder/Treasurer and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the municipality.
Effective immediately upon the passage of this ordinance, all building codes listed below shall be adopted by the City of Mayflower, with full force and effect to all residential and building permits issued after the date of passage of this ordinance:
Arkansas Fire Prevention Code Rules, 2021 Edition
(Ord.No.2023-02, Sec. 1)
11.16.02 Enforcement. The code hereby adopted shall been forced by the Chief of the Fire Department of the municipality.
11.16.03 Establishment of districts in which storage of flammable liquids in outside above ground tanks, bulk storage of liquified petroleum gases and storage of explosives and blasting agents is to be restricted. The limits referred to in Section 73 of the code hereby adopted in which storage of flammable liquids in outside above ground tanks is prohibited, the limits referred to in Section 103 of the code hereby adopted, in which bulk storage of liquified petroleum gas is restricted, and the limits referred to in Section 53 B of the code hereby adopted, in which storage of explosives and blasting agents is prohibited, are hereby established as follows:
A. The area designated on the “Official Zoning Map” of the municipality as the Central Business District;
B. Within fifteen hundred (1500) feet of any building structure in any built up area within the corporate limits of the municipality.
With the exception of outside above ground tanks for the storage of flammable liquids or for the bulk storage of liquified petroleum gases having been located in such designated areas prior to the adopting date of this ordinance; provided, however, that the Fire Chief shall inspect such facilities and issue a letter of “Modification” as hereinafter set forth in Section 11.16.04.
11.16.04 Modifications. The Chief of the Mayflower Fire Department shall have the, power to modify any of the provisions of the code hereby adopted upon application, in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in carrying out the strict letter of the code, 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 decisions of the Chief of the Fire Department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.
11.16.05 Appeals. Whenever the Chief of the Fire Department shall 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 from the decision of the Chief of the Fire Department to the governing body of the municipality within thirty (30) days from the date of the decision appealed.
11.16.06 Penalties. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the governing body of the municipality or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than Twenty-Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than three (3) days nor more than thirty (30) days or by both such fine and imprisonment. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defect within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
11.16.07 Application to Building Permits Issued After Effective Date of Ordinance:
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. 2023-02, Sec. 2)
11.16.08 Automatic Adoption of Amended or Revised Building Codes: It is the intent of the City Council to automatically adopt any subsequent amendments, revisions, or updated versions of each and every building code described in Section 1, immediately upon adoption by the State of Arkansas of such updated policies. In the event that the City should desire to not approve certain amendments or changes to state building codes, the City Council shall specify and describe such exemptions by future ordinance. (Ord. No. 2023-02, Sec. 3)
