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ORD NO 05-2022 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. OS -2022 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 and Fuel Gas Code pursuant to Ordinance No. 08-1959, as amended, which constitutes the official policy of the city regarding the installation and maintenance of all plumbing and fuel gas installations 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 Arkansas Department of Health has revised and replaced the 2006 Arkansas Plumbing Code and 2006 Arkansas Fuel Gas Code with the 2018 Arkansas Plumbing Code and 2018 Fuel Gas Code; and WHEREAS, the revised Plumbing Code and Fuel Gas Code was reviewed by the Van Buren Planning Commission at their February 1, 2022 meeting, and upon notice of a public hearing and publication, was set for a public hearing conducted by the Planning 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 2018 edition of the Arkansas Plumbing Code,as published by the International Code Council for the Arkansas Department of Health, to include all appendices thereto, and the 2018 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. i f 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, 2018 edition; (b) Arkansas State Fuel Gas Code, 2018 edition; (c) All rules and regulations of the Arkansas Department 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 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 5: 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 reminder of this ordinance and to that extent the provisions hereto are declared to be severable. SECTION 6: Permits obtained prior to the effective date of this ordinance will be enforced under the previously adopted code until final disposition of the permit. SECTION 7: 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: The effective date of this ordinance is April 1, 2022. IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council, did pass, approve, and adopt, by a vote of to for and O against, the foregoing Ordinance at its meeting held on the 28t'day of February 2022. i { i oseph P.1purst I t F ATTESTED: APPROVED AS TO FORM: P yl is Thomas - J cob well Clerk/Treasurer City Attorney 1 l i i I Arkansas Department of Health i 1 i 48151'JV;tMarkharWroo.Lili1eRtxk.Arkansas711.iJ6-38fi7.Te1ep1nne(501'f6617C%X) fJ Governor Asa Hutchinson Jose R. Romero, MD,Secretary of Health i I I Date: November 17,2021 To:Arkansas Plumbers From: Ric Mayhan, Director of Protective Health Codes Subject:New Arkansas Plumbing and Fuel Gas Codes. Be advised that the Arkansas Plumbing and Fuel Gas Codes, have been revised.The new 2018 Arkansas Plumbing Code and 2018 Fuel Gas Code are based on the 2018 IPC and IFGC code models and have replaced the previous codes dating back to 2006. They have been fully approved, adopted and were promulgated into rule on August 13, 2021. The 2018 Arkansas Plumbing Code and the 2018 Arkansas Fuel Gas Code are officially the current code for this state. The International Code Council (ICC) has been in production of the codes since they we officially promulgated and are now ready to begin distribution. These codes will be available in both binder hardcopies and PDF formats.Our Plan Review Team is already applying the updated codes to their reviews and the State Field Inspectors are conducting municipal inspector training programs to implement the changes.These codes are,In many ways,less restrictive and a smooth transition is expected.Our team Is excited to have codes that include the many innovations and materials that the previous codes predated. We also feel that the new codes will serve the public's health and safety and the industry. The Master Plumber Examination Is being updated and we expect to start testing from the new codes by May of 2022, with the Journeyman Examination update rolling out in October 2022. If you have any question,our office can be reached at 501-661-2642.The new codes can be acquired from the iCC at this link. https://shop.iccsafe.orpr/state-and-local-codes/arkansas html Ric Mayhan,Director Protective Health Codes Plumbing and Natural Gas Section Arkansas Department of Health §17-38-204.Regulatory authority of city,town,etc. (a)Any city,town, or county having a system of either water,sewerage,or gas utility,or a combination of utilities, by ordinance,rules,regulations,or customer contract,shall prescribe rules and regulations governing the regulations of plumbing not in conflict and equal to or exceeding the minimum standards prescribed by the department. (b)No plumbing installation shall be installed in any building within this state except in accordance with or exceeding the minimum requirements of the department. (c)No plumbing installation shall be started without the prescribed licenses,permits,and " acceptable review of plans and specifications when required. (d)Any city,town, sewerage district,water district,sewer association,water association, utility gas system,or county having a system of either water, sewerage,or gas utility,or a combination of utilities,shall set up a system of permits and 'inspections to assure that the public health and safety is protected. (e)Reasonable fees for inspections may be charged. (f)Nothing in this chapter shall prohibit any city,town,or county from having full authority to provide full supervision of the inspection of plumbing and plumbers by enactment of ordinances or regulations by the legal local government body. (g)However,where a system of either water,sewerage,or gas has been or will be established which has not provided for a local board or inspector to supervise phu abing or gas, the department may take immediate charge and entire control of the plumbing inspection program The board shall prescribe full regulations including permits,permit fees,and inspections. (h)When the plumbing control program of any county, city,town,water district,water association,sewerage district,sewer association,or water,sewer,or gas utility fails to provide a program at least equal to the minimum requirements of the department,the department shall take measures to assure that the minimum state requirements are met to protect the public health and safety of the county,city,town,water district,water association,sewerage district,or water, sewer,or gas utility. §17-38-205.Fees or payments; deposit (a)All fees or payments of any type collected by the board under this chapter shall be deposited in the State Treasury on or before the fifth day of the month next following the month of collection thereof and the Treasurer of State Shall credit the fees or deposits to the credit of the"Plumbers Licensing Fund",which is hereby created. 8 s WEIVED Py Arkansas Secretary of State at 1:24 pm,Aug 02,2021 R AS REGISTER Transmittal Sheet Use only for FINAL and EMERGENCY RULES - Secretary of State r John Thurston e 500 Woodlane,Suite 026 0 Little Rock,Arkansas 72201-1094 (501) 682-5070 www.sos.arkansas.gov For Office Use Only: Effective Date Code Number Name of Agency Arkansas Department of Health Department Division of Protective Health Codes Contact Laura Shue E-mail Laura.Shue@arkansas.gov phone 501-661-2297 Statutory Authority for Promulgating Rules §20-7-109 et seq. Rule Tide: 2018 Arkansas Fuel Gas Code Intended Effective Date Date (CMadt oa.) Q Emergency(ACA 25-i5-204) Legal Notice Published............................. 10/14/20 © 10 Days After Filing(ACA 25-15-204) Final Date for Public Comment..................... 11/18/20 Q Other(Nest be more than 10 days attar filing date.) Reviewed by Legislative Council........... 611 W21 Adopted by State Agency................. ......... 7/23/20 Electronic Copy of Rule a-mailed from: (Required under ACA 25-15-218) Laura Shue Leurs.Shue@arkaneas.gov 812121 Contact Person R-ovallAddress Date CERTIFICATION OF AUTHORIZED OFFICER I hereby Certify That The Attached Rules Were Adopted In Compliance with the Arkansas Administrative Act.(ACA 25-15-201 et.seq.) re 501.061-22(1 Laurs.31111808rkensss4lov Phone numberAddress General Counsel Irma W121 Date Revised 7/201 s to renoct new legislation passed in the 2015 Regular Session(Act 1291).This ad changed the attractive date from 70 days to t0 days attar aling the rule. , r. RECEIVED By Arkansas Secretary of State at 1:24 pm,Aug 02,2021 ARKAN ASREGISTER Transmittal Sheet Use only for FINAL and EMERGENCY RULES F — Secretary of State YCIR a i John Thurston 1 a s 500 Woodlane,Suite Ut6 Little Rock,Arkansas 72201-1094 _ ,. (501)682-5070 kA wwwsos.arkansas.gov For Office Use Only: Effective Date Code Number Name of Agency Arkansas Department of Health Department Division of Protective Health Codes Contact Laura Shue E-mail Laura.Shue@arkensas.gov Phone 501-661-2297 Statutory Authority for Promulgating Rules §20-7-109 et seq. Rule Title: 2018 Arkansas Plumbing Code Intended Effective Date Date (Check One) 10/14/20 [] Emergency(ACA 25-15-204) Legal Notice Published............................. ® 10 Days After Filing(ACA 25-15-204) Final Date for Public Comment...................I. 11/18/20 Q Other Reviewed by Legislative Council..................... 6/18/21 (Must be mere lban)0 days aher IfI1nR date.) Adopted by State Agency........................... 7/23/20 Electronic Copy of Rule e-mailed from: (Required under ACA 25-15-218) Laura Shue Loura.Shue@arkansas.gov 8/2/21 .— 4_.._.. _._ fante---- clonoa— 8-nWI Address Oate� CERTIFICATION OF AUTHORIZED OFFICER 1 Hereby Certify That The Attached Rules Were Adopted In Compliance with the Arkansas Administrative Act.(ACA 25-15-201 et.seq.) aagtre 501-IlIes1• Laurs.shue@wMnm.gov PheRollumber it-m1a11A dress General Counsel TRIO WV21 Revised T/201 s to renter new legislation Vaned In the 2015 aajularEession(Act 125e1 This ad ebaltted the effective date arom 30 Asir to 10 days aRerfillmt the trk. a x i i f• i Y ARKA'NSAS PLUMBING C", DE i�ATIONAL PLUMBING COD s` �F 4Y �a :p t✓T roll, 2 018 FUE L ARKANSAS GAS CODE I JHE 20�18 INTERNATIONAL FUEL GAS CODE® e yam, 3 ,ku pt CODE COUNCI City of Vail Buren, Arkansas . . Mumcipal Annex 111 North 12& Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL ' FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: ADOPTION OF UPDATED PLUMBING AND FUEL GAS CODES DATE: FEBRUARY 22, 2022 The Arkansas Department of Health has notified us that they have revised the Arkansas t Plumbing Code and Fuel Gas Code. The new official codes of Arkansas are the 2018 Arkansas Plumbing Code and Arkansas Fuel Gas Code. These codes replace the 2006 codes previously promulgated by the Arkansas Department of Health. The Arkansas statutes require local governments having of a system of water, sewerage, or gas utility to prescribe rules and regulations not in conflict and equal to the Department of Health's minimum standards. A.C.A. 17-38-204 (a)Any city,town, or county having a system of either water, sewerage, or gas utility, or a combination of utilities, by ordinance, rules, regulations, or customer contract, shall prescribe rules and regulations of plumbing not in conflict and equal to or exceeding the minimum standards prescribed by the department. I have attached the noticed from the Arkansas Department of Health and a copy of A.C.A. 17- 38-204. The Planning Commission held a public hearing on February 1, 2022. Following the public hearing the Planning Commission voted unanimously to recommend the City Council adopt an ordinance implementing the 2018 Codes to be consistent with the Arkansas Department of Health regulations. '. Please contact David Martin or me if you have any questions. 1 t, s kkC k