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17-38-204. Local regulatory authority — Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-38-204. Local regulatory authority — Exceptions.
(a) A 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 plumbing not in conflict and equal to or exceeding the minimum standards prescribed by the Department of Health.
(b) A plumbing installation shall not be:
(1) Installed in any building within this state except in accordance with or exceeding the minimum requirements of the department; or
(2) Started without the prescribed licenses, permits, and acceptable plan review of plumbing plans and specifications when required.
(c) A 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 establish a system of permits and inspections to assure that the public health and safety is protected.
(d) Reasonable fees for inspections may be charged.
(e) This chapter does not prohibit a 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.
(f)(1) However, when a system of either water, sewerage, or gas has been or will be established and has not provided for a local board or inspector to supervise plumbing or gas, the department may take immediate charge and entire control of the plumbing inspection program.
(2) The State Board of Health shall prescribe full rules including permits, permit fees, and inspections.
(g) When the plumbing control program of a county, city, town, water district, water association,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-38-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-38-204
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2f6ea43770f0e669d3dd4ed678f234028e6f890b1e1592884ca5f153285360f0
Source location: content.xml paragraph 12945
Stored source content
17-38-204. Local regulatory authority — Exceptions.
(a) A 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 plumbing not in conflict and equal to or exceeding the minimum standards prescribed by the Department of Health.
(b) A plumbing installation shall not be:
(1) Installed in any building within this state except in accordance with or exceeding the minimum requirements of the department; or
(2) Started without the prescribed licenses, permits, and acceptable plan review of plumbing plans and specifications when required.
(c) A 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 establish a system of permits and inspections to assure that the public health and safety is protected.
(d) Reasonable fees for inspections may be charged.
(e) This chapter does not prohibit a 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.
(f)(1) However, when a system of either water, sewerage, or gas has been or will be established and has not provided for a local board or inspector to supervise plumbing or gas, the department may take immediate charge and entire control of the plumbing inspection program.
(2) The State Board of Health shall prescribe full rules including permits, permit fees, and inspections.
(g) When the plumbing control program of a 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 meet the minimum state requirements to protect the public health and safety of the county, city, town, water district, water association, sewerage district, or water, sewer, or gas utility.
(h)(1) If a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county enacts an ordinance or regulation to provide for plan reviews of plumbing plans, the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may have an employee who is certified as a plumbing and natural gas inspector perform plan reviews of plumbing plans.
(2)(A)(i) All plumbing plans approved under subdivision (h)(1) of this section shall not be required to be:
(a) Submitted with a payment of a fee to the department if a fee is submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county; or
(b) Reviewed by the department if an engineer licensed in this state has prepared the plumbing plan and the employee described under subdivision (h)(1) of this section is a licensed engineer in this state.
(ii) However, a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may submit a plumbing plan to the department for an advisory opinion.
(B) The department shall not require the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county to relinquish or surrender a fee submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county.
(C) The maximum allowable fee for a plan review under subdivision (h)(1) of this section shall not exceed the fees set out in § 20-7-123(b)(2).
(3)(A) An employee who performs a plan review under subdivision (h)(1) of this section has the responsibility to ensure that the plumbing plan meets state requirements.
(B) The department may audit or inspect the records of an employee who performs a plan review under subdivision (h)(1) of this section.
(4) This section does not:
(A) Create a cause of action against a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county for any resulting damages or failures of the plumbing plan; or
(B) Prohibit a person from seeking a plan review from and paying a fee to the department in lieu of seeking a plan review from and paying a fee to a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county.
(5) A plumbing plan review under this section includes a review of the plumbing as defined in § 17-38-101 and the water supply, water lines, and sewage line designs.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-38-101. Definitions.
As used in this chapter:
(1) “Apprentice plumber” means any person other than a journeyman or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage and enrolled in a state-approved apprentice program;
(2) “Approved backflow preventor” means any permanent mechanical device or combination of permanent mechanical devices of whatever material that after installation according to the state plumbing regulations acts to prevent a reversal of the normal directional flow of potable water within the piping system in which it is installed;
(3) “Board” means the State Board of Health;
(4) “Department” means the Department of Health;
(5) “Final year of apprenticeship” means when an apprentice plumber has obtained four hundred eighty (480) hours or more of classroom instruction and completed six thousand (6,000) or more hours of on-the-job work in an approved United States Department of Labor apprenticeship program;
(6) “Gas utility serviceperson” means an employee of a gas utility specially trained for gas service work with the utility;
(7) “Journeyman plumber” means any person other than a master plumber who is engaged in the practical installation of plumbing;
(8) “Master plumber” means any person skilled in the planning, superintending, and practical installation of plumbing and familiar with the laws and rules governing it;
(9) “Plumbing” means:
(A) All piping, fixtures, appurtenances, and appliances:
(i) In connection with a supply of water within or adjacent to any building, structure, or conveyance on the premises and to the connection with a utility water meter or other public water utility property or other source of supply;
(ii) For sanitary drainage or storm drainage facilities
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-38-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-38-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-7-123. Fees.
(a) All revenue derived from fees collected pursuant to this section shall be deposited as special revenues into the State Treasury, where they shall be credited to the Public Health Fund.
(b) These fees are as follows:
(1) All fees prescribed in the Vital Statistics Act, § 20-18-101 et seq., which are as follows:
(A) A fee of fifteen dollars ($15.00) collected by the State Registrar of Vital Records for the filing of a delayed certificate of birth;
(B) A fee of fifteen dollars ($15.00) collected by the state registrar for the filing of a delayed certificate of death or marriage;
(C) A fee of fifteen dollars ($15.00) collected by the state registrar for issuing a new certificate of birth for a person who has been legitimated, or whose paternity has been determined, or whose name has been changed;
(D)(i) A fee of one dollar ($1.00) collected by the clerks of the county courts upon the application of any person for marriage.
(ii) This fee is in addition to any other fees;
(E)(i) Except as provided in subdivision (b)(1)(E)(ii) of this section, a fee of fifteen dollars ($15.00) collected by the state registrar for the amendment of any record.
(ii) For a hospital that requests an amendment of a record, a fee of two dollars ($2.00);
(F) A fee of five dollars ($5.00) collected by the state registrar for the making and certification of any certificate or record other than a death certificate;
(G) A fee of:
(i) Four dollars ($4.00) collected by the state registrar for the making and certification of a single copy of a death certificate; and
(ii) One dollar ($1.00) collected for the making and certification of each additional copy of a death certificate;
(H)(i) A fee of:
(a) Five dollars ($5.00) collected by the state registrar for
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-7-123
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-7-123. This identifies an authority to review, not proof of applicability.