SULPHUR SPRINGS - At times, a single word written into a city new ordinance and adopted by its governing body can lead to a lively discussion within a town’s citizenry over the new law’s enforcement.
This type of disagreement happened when Alderman Greg Barber asked for clarification of the word “rental” as written into the recently-passed ordinance requiring rental property be brought up to state and national safety standards.
Alderman Barber asked Sherman R. Buckley, Sulphur Spring’s public works director, about his definition of “rental” as he applies the new ordinances during his inspections of properties across the city.
Several citizens have questioned Buckley’s applying the word “rental” when they allow their children to occupy a home they own and charge no rent.
A second question about rental property brought up by Barber caused a discussion about smoke detector upgrades in rental property. Barber said that local rental manager Vince Welty had asked him the interpretation of the new ordinance governing the requirement for a hardwired smoke detector in existing structures as written in the state’s fire code.
“My interpretation,” Barber said, “is that existing structures are grandfathered in. If a building was built 20 years ago, for instance, and we’ve been inspecting it for 20 years and deemed it okay. Now you say they [landlords] have to tear out whatever they have to rip outto hard-wire detectors, when you can use battery units, I think the state law allows for grandfathering that in.”
“We passed an ordinance on that,” Buckley said. “We passed the national fire code, which says they have to be hard-wired.”
“There are exceptions though, when you bring the whole thing [code] up and read it,” said Alderwoman Lynnette Struble. “Exceptions were something to do with if you have to break up a wall or go into the ceiling and there is no attic access. That there has to be new construction going on [for the hardwired law to apply.
]”
Struble reading from Arkansas law R317.1.1, “The law, as I understand it, addresses new construction,” she said, “unless interior alterations, repairs or additions requiring permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall provide smoke alarms located as required for new construction” (Arkansas Fire Code R317.1.1).
Mayor Bobby Simon read aloud ordinance 44.8, which requires all rental property to comply with Arkansas Fire Prevention Code, Volume 3,Residential Sections R310 through R317.
To settle the issue, Seth Bickett, the city’s attorney, said he would review the existing state statute and have his opinion within the next few days.
In other business, the council authorized a proposal by Shirley Barber for a July 6 fireworks display planned in the city’s park, and a street dance on Hibler Avenue in front of Steve’s Place Café that same evening.
Last month’s proposal for marking a walking trail around the city’s park by city resident June Murray passed as well. When first proposed, Mayor Simon had opposed Murray’s proposal to develop a more permanent walk around the park with gravel or to tractor-blade a trail. The council agreed to allow Murray to mow a path short enough for comfort of walk and mark its edges with lime.
Last month’s proposal for the Lucky Dog gaming café went down to defeat with a vote of two for and two against. With two members absent, the mayor chose not break the tie.
News, Pages 3 on 05/15/2013