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ORD NO 32-2008 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 3,1 -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ADOPT THE MOST CURRENT ARKANSAS PLUMBING CODE AND FUEL GAS CODE; TO AMEND VAN BUREN'S PLUMBING CODE ORDINANCE, ORDINANCE NO. 08-1959, AS AMENDED; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has adopted the Arkansas State Plumbing Code pursuant to Ordinance No. 08 -1959, as amended, which constitutes the official policy of the city with regard to the installation and maintenance of all residential and commercial plumbing within its corporate city limits; and WHEREAS, The purpose of this adopted code is to establish uniform rules and regulations for installing, altering, and repairing water, sewer and gas lines within the corporate limits of Van Buren. This Ordinance is not intended, nor shall it be construed, to create a duty on the part of the City or its officials, employees or agents, to protect the health, safety or economic interests of any person or entity, and no person or entity shall have the right to rely on this Code, or any action taken or not taken hereunder, as a basis to assert any claim for any loss, damage or expense against the City, its officials, employees or agents. WHEREAS, the revised Plumbing Code and Fuel Gas Code hereto was reviewed by the Van Buren Planning Commission, and upon notice of a Public Hearing and publication, was set for a Public hearing conducted by the Commission, in accordance with state law; and WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were recommended by a majority vote of the entire Planning Commission. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The 2006 Edition of the Arkansas Plumbing Code, as published by the International Code Council for the Arkansas State Health Department, to include all appendices thereto. and the 2006 Arkansas Fuel Gas Code, are and have been prior to adoption on file in the office of the city clerk, the availability of such codes, for inspection by the public, has been duly published. SECTION 2: Subject to the provisions of A.C.A. 14 -55 -207 and A.C.A. 14 -54 -1012, the following are hereby adopted by reference for the City of Van Buren as though set out herein word for word: (a) Arkansas State Plumbing Code, Tenth Edition, 2006; (b) Arkansas State Fuel Gas Code, 2006 Edition; (c) All rules and regulations of the state board of health governing the construction, installation and inspection of plumbing and drainage; (d) Any administrative regulations of the state committee of plumbing examiners; (e) All of the above, as amended to the date of this Code, together with all subsequent amendments, unless the city shall, by ordinance, modify or delete any such future amendment. SECTION 3: Section I of Ordinance No. 08 -1959, as amended (Van Buren Municipal Code 11.12.02) is amended as follows: State Code: The provisions and regulations of the Arkansas State Plumbing Code and the Arkansas State Fuel Gas Code, and any amendments thereto adopted by the State Bow d of ILaltll of Arkansas are made a part of this chapter by reference, and a t1ucG (3) certified copy or copies uficrshall be maintained on file in the office of the City Clerk/Treasurer. as required by state law. and shall extend over and govern the installation of all plumbing for water. sewer. or fuel eas. installed, altered or repaired within or- withuutthe tL city 1L.cI Nall.1 alld /Vl JG N' agL JC1 c;l.G ul 1 E',1, lutin fi V,tl tt he 1. .1 GNGI J) JtClll lb fUllllJlq d. SECTION 4: the Title of Chapter 11.12 of the Van Buren Municipal Code is amended to read as follows: "Plumbing and Fuel Gas Code" SECTION 5: Severability: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section. or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION 6: Code Application: Permits obtained prior to the effective date of this ordinance will be enforced under the previous adopted code until final disposition of the permit. SECTION 7: Repealer: All laws, ordinances, resolutions, or parts of same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. SECTION 8: Effective Date: The effective date of this ordinance is January 1, 2009. IN WITNESS WHEREOF, the City of Van Buren, Arkansas. by its City Council, did pass, approve, and adopt, by a vote of (p for and 0 against, the foregoing Ordinance at its Meeting held on the day of December 2008. 22. Robert D. ~may ATTESTED: APPROVED AS TO FORM: c rl II ems Barbic Cufti3, City Glerk-/-Treasurer N. De ald Jenkins 3f City Attorney