Chapter 1 Administration

106.5.3 Expiration

Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is commenced. Before such work can be recommenced, a new permit shall be first obtained and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded 1 year.

102.7 Moved buildings

Except as determined by Section 102.2, plumbing systems that are a part of buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new installations.

107.1.2.2 Follow-up inspection

Except where ready access is provided to all plumbing systems, service equipment and accessories for complete inspection at the site without disassembly or dismantling, the code official shall conduct the frequency of in-plant inspections necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the code official with the follow-up inspection manual and a report of inspections upon request, and the plumbing system shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed.

101.4 Severability

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

108.3 Prosecution of violation

If the notice of violation is not complied with promptly, the code official may request the legal counsel of the jurisdiction to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

104.5 Retesting

If the proper code enforcement officer finds that work will not pass the test, the plumber shall be required to make necessary corrections and the work shall then be resubmitted for test or inspection.

104.4 Responsibility

It shall be the duty of the master plumber to make certain that the plumbing work will stand the prescribed test before giving the notification for inspection.

104.3 Advance notice

It shall be the duty of the master plumber, or his or her representative, to give at least 24-hour advance notice to the proper administrative authority when plumbing work is ready for inspection.

108.1 Unlawful acts

It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any plumbing system, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

[EB] 102.5 Change in occupancy

It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any special provision of this code without approval of the code official. The code official shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare.

107.2.1 New, altered, extended or repaired systems

New plumbing systems and parts of existing systems that have been altered, extended or repaired shall be tested as prescribed herein to disclose leaks and defects, except that testing is not required in the following cases: 1. In any case that does not include addition to, replacement, alteration or relocation of any water supply, drainage or vent piping. 2. In any case where plumbing equipment is set up temporarily for exhibition purposes.

108.7.3 Connection after order to disconnect

No person shall make connections from any energy, fuel, power supply or water distribution system or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the code official or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such equipment. When any plumbing is maintained in violation of this code, and in violation of any notice issued pursuant to the provisions of this section, the code official shall institute any appropriate action to prevent, restrain, correct or abate the violation.

104.7.2 Acceptance of plans

Plans and specifications accepted under provisions of this code shall be adhered to unless plans, specifications and/or addenda covering any change are submitted to, and approved in writing by the department prior to making any proposed changes.

102.2 Existing installations

Plumbing systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created by such plumbing system.

107.2 Testing

Plumbing work and systems shall be tested as required in Section 312 and in accordance with Sections 107.3.1 through 107.3.3. Tests shall be made by the permit holder and observed by the code official.

104.7.1 Submission of plans

Prior to entering into a contract to construct or remodel a public building, school building, hospital, nursing home, manufacturing processing plant, shopping center or housing development and all state-owned buildings, the architect, engineer, designer, or other legal agent of the owner shall submit to the department complete plans and specifications. Written approval from the department must be obtained for all plumbing, building water supply, water distribution, waste water, natural gas systems and sewage disposal facilities, before the construction of the plumbing is started.

107.1.2 Evaluation and follow-up inspection services

Prior to the approval of a closed, prefabricated plumbing system and the issuance of a plumbing permit, the code official shall require the submittal of an evaluation report on each prefabricated plumbing system indicating the complete details of the plumbing system, including a description of the system and its components, the basis upon which the plumbing system is being evaluated, test results and similar information, and other data as necessary for the code official to determine conformance to this code.

105.3.3 Test reports

Reports of tests shall be retained by the code official for the period required for retention of public records.

109.1 Suspensions or revocation

Suspensions, revocations, registrations, permitting, certification, apprenticeship and all appeals to the Arkansas State Board of Health taken from such actions shall be conducted in accordance with the Arkansas Administrative Procedure Act.

105.3.1 Test methods

Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures.

107.1.1 Approved agencies

Test reports submitted to the code official for consideration shall be developed by approved agencies that have satisfied the requirements as to qualifications and reliability.

104.1 Inspections

The code official certified by the department shall make all required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. All new plumbing work, and such portions of existing systems as may be affected by new work or any changes, shall be subject to inspection to ensure compliance with all requirements of this code.

104.6 Identification

The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

107.1.2.1 Evaluation service

The code official shall designate the evaluation service of an approved agency as the evaluation agency, and review such agency's evaluation report for adequacy and conformance to this code.

108.7.2 Authority to disconnect service utilities

The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes in case of an emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner and occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service systems shall be notified in writing, as soon as practical thereafter.

107.5 Temporary connection

The code official shall have the authority to authorize the temporary connection of the building or system to the utility source for the purpose of testing plumbing systems or for use under a temporary certificate of occupancy.

Exception

The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this code.

104.7 Notices and orders

The code official shall issue all necessary notices or orders to ensure compliance with this code.

104.8 Construction records

The code official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained by the official as long the local authority deems appropriate.

106.5.5 Suspension or revocation of permit

The code official shall revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the construction documents upon which the permit or approval was based.

108.2 Notice of violation

The code official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of plumbing work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

106.5.6 Retention of construction documents

The plumbing contractor shall keep any construction documents and records of permits and certificates issued, fees collected, reports of inspections, and notices and orders issued and prints used during the construction of the project. If possible, after the warranty period, the construction documents shall then be forward to the owner of the project.

110.1 Code book fees

The price of this code book shall be as follows: ($50.00), which includes the binder. All other regulations governing the costs of the Arkansas Plumbing Code are hereby repealed.

[EB] 102.6 Historic buildings

The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings.

102.1 General

The provisions of this code shall apply to all matters affecting or relating to structures, as set forth in Section 101. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

101.2 Scope

The provisions of this code shall be statewide in application and shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within this jurisdiction. The installation of natural gas distribution piping and equipment, natural-gas-fired water heaters and water-heating venting systems, gas-fired room heaters and floor furnaces shall be regulated in accordance with the Arkansas State Gas Code

101.3 Intent

The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems.

108.5 Stop work orders

Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person, who shall continue any work in or about the structure after having been served with a stop work order, except such as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of Arkansas Code § 17-38-102 et. seq.

104.2 State inspection when required

When any commercial, industrial, institutional or public building (includes housing projects, shopping centers, hotels, motels or any other building project for use by the public) is not subject to local permit and inspection, the responsible master plumber in charge shall see that such plumbing installation is inspected by the state administrative authority, or by a designated representative of such authority. The state administrative authority may waive the inspection fee when deemed advisable.

106.5.1 Approved construction documents

When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the codeofficial. All work shall be done in accordance with the approved construction documents. The code official shall have the authority to issue a permit for the construction of a part of a plumbing system before the entire construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire plumbing system will be granted.

108.7.1 Authority to condemn equipment

Whenever the code official determines that any plumbing, or portion thereof, regulated by this code has become hazardous to life, health or property or has become insanitary, the code official shall order in writing that such plumbing either be removed or restored to a safe or sanitary condition. A time limit for compliance with such order shall be specified in the written notice. No person shall use or maintain defective plumbing after receiving such notice. When such plumbing is to be disconnected, written notice as prescribed in Section 108.2 shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice.

106.6 Fees

A permit shall not be issued until the fees prescribed in Section 106.6.2 have been paid, and an amendment to a permit shall not be released until the additional fee, if any, due to an increase of the plumbing systems, has been paid.

[EB] 102.4 Additions, alterations or repairs

Additions, alterations, renovations or repairs to any plumbing system shall conform to that required for a new plumbing system without requiring the existing plumbing system to comply with all the requirements of this code. Additions, alterations or repairs shall not cause an existing system to become unsafe, insanitary or overloaded. Minor additions, alterations, renovations and repairs to existing plumbing systems shall be permitted in the same manner and arrangement as in the existing system, provided that such repairs or replacement are not hazardous and are approved.

107.4 Approval

After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official.

107.3 Equipment, material and labor for tests

All equipment, material and labor required for testing a plumbing system or part thereof shall be furnished by the master plumber or home owner permit holder.

102.3 Maintenance

All plumbing systems, materials and appurtenances, both existing and new, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of plumbing systems. To determine compliance with this provision, the code official shall have the authority to require any plumbing system to be reinspected.

107.1.2.3 Test and inspection records

All required test and inspection records shall be available to the code official at all times during the fabrication of the plumbing system and the erection of the building, or such records as the code official designates shall be filed.

105.3.2 Testing agency

All tests shall be performed by an approved agency.

106.1 When required

Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the code official and obtain the required permit for the work.

106.5.4 Extensions

Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work cannot be commenced within the time required by this section for good and satisfactory reasons. The code official shall extend the time for action by the permittee for a period not exceeding 180 days if there is reasonable cause. No permit shall be extended more than once. The fee for an extension shall be one-half the amount required for a new permit for such work.

106.6.1 Work commencing before permit issuance

Any person who commences any work on a plumbing system before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees.

108.4 Violation penalties

Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of violating Arkansas Code § 17-38-102 et. seq.

107.1.2.4 Signs and Identification

Any person, firm, company or corporation engaged in installation or repair of a plumbing system as defined in this code shall prominently in legible manner display on both sides of all service and installation vehicles the company name, company master plumbing or gas fitter supervisor license number in letters not less than 2 inches high. Additionally the company name, license number and phone number shall be displayed at all job sites where new plumbing work is being performed. Job site signs shall be not less than 8.5 by 11 inches in size. Any person installing plumbing and natural gas shall at all times have available on job site their personal plumbing and or natural gas fitters license.

108.7 Unsafe plumbing

Any plumbing regulated by this code that is unsafe or that constitutes a fire or health hazard, insanitary condition or is otherwise dangerous to human life is hereby declared unsafe. Any use of plumbing regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal.

102.9 Requirements not covered by code

Any requirements necessary for the strength, stability or proper operation of an existing or proposed plumbing system, or for the public safety, health and general welfare, not specifically covered by this code shall be determined by the State Administrative Authority.

106.2.1 Eligible to require permits

Any state, county, city, town, water district, water association, sewer association, or any water or natural gas utility, shall be eligible for permitting plumbing work.

106.4 By whom application is made

Application for a permit shall be made by the person or agent to install all or part of any plumbing system. The applicant shall meet all qualifications established by statute, or by rules promulgated by this code, or by ordinance or by resolution. The full name and address of the applicant shall be stated in the application.

101.1 Title

Arkansas State Plumbing Code hereinafter referred to "this code."

106.3.1 Construction documents

Construction documents, engineering calculations, diagrams and other such data shall be submitted with each application for a permit. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional when required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipe, fittings and components and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking.

106.3 Application for permit

Each application for a permit, with the required fee, shall be filed with the code official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or an authorized agent. The permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information required by the code official.

103.2 Variances

The Arkansas Committee of Plumbing Examiners 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 intent and purpose of this code or the public interest, and also finds all of the following: 1. That special conditions and circumstance exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from action or inaction of the applicant. 3. That the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service systems. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare.

106.5 Permit issuance

The application, construction documents and other data filed by an applicant for permit shall be reviewed by the code official. If the code official finds that the proposed work conforms to the requirements of this code and all laws and ordinances applicable thereto, and that the fees specified in Section 106.6 have been paid, a permit shall be issued to the applicant.

103.1 Liability

The code official, officer (plumbing inspector) or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liablepersonally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any code official, officer (plumbing inspector) or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code, and any officer of the department of plumbing inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

107.1 Required inspections and testing

The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or an agent of any violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. 1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before any backfill is put in place. 2. Rough-in inspection shall be made after the roof, framing, fireblocking, firestopping, draftstopping and bracing is in place and all sanitary, storm and water distribution piping is roughed-in, and prior to the installation of wall or ceiling membranes. 3. Final inspection shall be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.

102.8 Referenced codes and standards

The codes and standards referenced in this code shall be those that are listed in Chapter 12 and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements.

106.6.2 Fee schedule

The fees for all plumbing work shall be determined by the state, county, city, town, water district, water association, sewer association, or any water or natural gas utility having jurisdiction.

106.2 Exempt work

The following work shall be exempt from the requirement for a permit: 1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

108.6 Abatement of violation

The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the plumbing on or about any premises.

106.5.2 Validity

The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid. The issuance of a permit based upon construction documents and other data shall not prevent the code official from thereafter requiring the correction of errors in said construction documents and other data or from preventing building operations being carried on thereunder when in violation of this code or of other ordinances of this jurisdiction.

105.1 Modifications

Whenever there are practical difficulties involved in carrying out the provisions of this code, the state administrative authority shall have the authority to grant modifications for individual cases, provided the state administrative authority shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications 2 ARKANSAS PLUMBING CODE ADMINISTRATION shall be recorded and entered in the files of the plumbing inspection department. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the state administrative authority finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material or method of work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

105.3 Required testing

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction.

107.3.2 Coordination of inspectors

Whenever, in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practical so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.

107.3.1 Reinspection and testing

Where any work or installation does not pass any initial test or inspection, the necessary corrections shall be made to comply with this code. The work or installation shall then be resubmitted to the code official for inspection and testing.