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Attorney General Opinions

2025-004
State Representative David Whitaker
Question 1: Does a city, by and through its governing city council, possess the legal power and authority to regulate the amount a landlord may charge a prospective tenant to review a rental application or any background check?

Brief response: No. A city cannot regulate the amount a private landlord may charge a prospective tenant to review a rental application or conduct a background check.

Question 2: Would state law, possibly Arkansas Code ยง 14-54-1409 or ยง 14-43-608(a), conflict with a cityโ€™s authority to regulate such fees charged by landlords to accept and analyze rental applications or background checks?

Brief response: While A.C.A. ยง 14-54-1409 does not prohibit a city from regulating the fees charged by landlords to review rental applications or conduct background checks, A.C.A. ยงย 14-43-608(a) does bar a city from regulating the price of those services.
2024-088
State Senator Bryan King
Question 1: Is it the responsibility of the City of Green Forest or the Green Forest Fire Department to enforce the Arkansas State Fire Code, Volume 2 throughout the Green Forest Fire District?

Brief response: The State Fire Marshal is responsible for enforcing and periodically revising the Arkansas Fire Prevention Code (AFPC). Local jurisdictions may establish a building department led by a building official to implement and enforce the second volume of the AFPC, which pertains to buildings and structures. But because this office is not a factfinder when issuing opinions, I cannot say who, if anyone, has been appointed as the building official responsible for local enforcement of the AFPC where the wind turbines are planned to be built.

Question 2: Can the City of Green Forest or the Green Forest Fire Department adopt additional industry-recognized requirements for commercial construction projects more stringent than the minimum requirement of the Arkansas Fire Prevention Code, Volume 2?

Brief response: The AFPC establishes the minimum standards necessary to provide a reasonable level of safety and protection from fire, explosion, or other dangerous conditions. But counties, municipalities, and other political subdivisions may adopt local fire prevention codes that contain more stringent safety provisions than those in the AFPC. This would include more stringent industry-recognized requirements for commercial construction projects.

Question 3: Can the City of Green Forest or the Green Forest Fire Department require peer review of footings, anchoring, and foundations in a commercial construction project more stringent than the minimum requirements of the Arkansas Fire Prevention Code, Volume 2?

Brief response: As explained in my response to Question 2, a local jurisdiction can adopt a fire prevention code with requirements that are more stringent than those contained in the AFPC. This would include a code that requires peer review of footings, anchoring, and foundations in a commercial construction project, as long as those peer review requirements are at least as stringent as those found in the AFPC.

Question 4: Can the City of Green Forest or the Green Forest Fire Department require the developer to pay a permit fee based, in part, on the anticipated cost to the building inspector of conducting inspections, including the cost of employing independent third-party experts to conduct the inspections on its behalf?

Brief response: It is my opinion that a city of the first class, like Green Forest, could pass an ordinance requiring developers of buildings or structures within city limits to pay fees to offset the costs of inspections, including the costs of employing independent third-party experts.
2024-089
State Senator Scott Flippo
Question 1: Because preprinted paper buyerโ€™s tags are provided by dealers and are specifically โ€œaddressed in [A.C.A. ยง] 27-14-1705,โ€ are โ€œthe buyerโ€™s tag[s] โ€ฆ excluded [under ยง 27-14-703] from following the [sections] inโ€ subchapter 7 about license plates?

Brief response: The statutory display requirements for temporary preprinted buyerโ€™s tags are independent of those for license plates, so temporary tags do not need to meet the display requirements for license plates. Some of the requirements for temporary tags will overlap with license plates; some will not.

Question 2: โ€œHow can the buyer follow both codesโ€โ€”that is, the requirements for both preprinted paper buyerโ€™s tags and license plates?

Brief response: Because the requirements for temporary preprinted paper buyerโ€™s tags and license plates are independent, a buyer is not required to apply the license plate requirements to temporary tags.

Question 3: โ€œIf the rhetoric for 27-14- subchapter 7 says one thing and subchapter 17 says another, would these two codes be ambiguous?โ€

Brief response: Because the requirements for temporary tags and license plates do not conflict, this question is moot.
2025-004
State Representative David Whitaker
Question 1: Does a city, by and through its governing city council, possess the legal power and authority to regulate the amount a landlord may charge a prospective tenant to review a rental application or any background check?

Brief response: No. A city cannot regulate the amount a private landlord may charge a prospective tenant to review a rental application or conduct a background check.

Question 2: Would state law, possibly Arkansas Code ยง 14-54-1409 or ยง 14-43-608(a), conflict with a cityโ€™s authority to regulate such fees charged by landlords to accept and analyze rental applications or background checks?

Brief response: While A.C.A. ยง 14-54-1409 does not prohibit a city from regulating the fees charged by landlords to review rental applications or conduct background checks, A.C.A. ยงย 14-43-608(a) does bar a city from regulating the price of those services.
2024-088
State Senator Bryan King
Question 1: Is it the responsibility of the City of Green Forest or the Green Forest Fire Department to enforce the Arkansas State Fire Code, Volume 2 throughout the Green Forest Fire District?

Brief response: The State Fire Marshal is responsible for enforcing and periodically revising the Arkansas Fire Prevention Code (AFPC). Local jurisdictions may establish a building department led by a building official to implement and enforce the second volume of the AFPC, which pertains to buildings and structures. But because this office is not a factfinder when issuing opinions, I cannot say who, if anyone, has been appointed as the building official responsible for local enforcement of the AFPC where the wind turbines are planned to be built.

Question 2: Can the City of Green Forest or the Green Forest Fire Department adopt additional industry-recognized requirements for commercial construction projects more stringent than the minimum requirement of the Arkansas Fire Prevention Code, Volume 2?

Brief response: The AFPC establishes the minimum standards necessary to provide a reasonable level of safety and protection from fire, explosion, or other dangerous conditions. But counties, municipalities, and other political subdivisions may adopt local fire prevention codes that contain more stringent safety provisions than those in the AFPC. This would include more stringent industry-recognized requirements for commercial construction projects.

Question 3: Can the City of Green Forest or the Green Forest Fire Department require peer review of footings, anchoring, and foundations in a commercial construction project more stringent than the minimum requirements of the Arkansas Fire Prevention Code, Volume 2?

Brief response: As explained in my response to Question 2, a local jurisdiction can adopt a fire prevention code with requirements that are more stringent than those contained in the AFPC. This would include a code that requires peer review of footings, anchoring, and foundations in a commercial construction project, as long as those peer review requirements are at least as stringent as those found in the AFPC.

Question 4: Can the City of Green Forest or the Green Forest Fire Department require the developer to pay a permit fee based, in part, on the anticipated cost to the building inspector of conducting inspections, including the cost of employing independent third-party experts to conduct the inspections on its behalf?

Brief response: It is my opinion that a city of the first class, like Green Forest, could pass an ordinance requiring developers of buildings or structures within city limits to pay fees to offset the costs of inspections, including the costs of employing independent third-party experts.
2024-089
State Senator Scott Flippo
Question 1: Because preprinted paper buyerโ€™s tags are provided by dealers and are specifically โ€œaddressed in [A.C.A. ยง] 27-14-1705,โ€ are โ€œthe buyerโ€™s tag[s] โ€ฆ excluded [under ยง 27-14-703] from following the [sections] inโ€ subchapter 7 about license plates?

Brief response: The statutory display requirements for temporary preprinted buyerโ€™s tags are independent of those for license plates, so temporary tags do not need to meet the display requirements for license plates. Some of the requirements for temporary tags will overlap with license plates; some will not.

Question 2: โ€œHow can the buyer follow both codesโ€โ€”that is, the requirements for both preprinted paper buyerโ€™s tags and license plates?

Brief response: Because the requirements for temporary preprinted paper buyerโ€™s tags and license plates are independent, a buyer is not required to apply the license plate requirements to temporary tags.

Question 3: โ€œIf the rhetoric for 27-14- subchapter 7 says one thing and subchapter 17 says another, would these two codes be ambiguous?โ€

Brief response: Because the requirements for temporary tags and license plates do not conflict, this question is moot.
2025-004
State Representative David Whitaker
Question 1: Does a city, by and through its governing city council, possess the legal power and authority to regulate the amount a landlord may charge a prospective tenant to review a rental application or any background check?

Brief response: No. A city cannot regulate the amount a private landlord may charge a prospective tenant to review a rental application or conduct a background check.

Question 2: Would state law, possibly Arkansas Code ยง 14-54-1409 or ยง 14-43-608(a), conflict with a cityโ€™s authority to regulate such fees charged by landlords to accept and analyze rental applications or background checks?

Brief response: While A.C.A. ยง 14-54-1409 does not prohibit a city from regulating the fees charged by landlords to review rental applications or conduct background checks, A.C.A. ยงย 14-43-608(a) does bar a city from regulating the price of those services.
2024-088
State Senator Bryan King
Question 1: Is it the responsibility of the City of Green Forest or the Green Forest Fire Department to enforce the Arkansas State Fire Code, Volume 2 throughout the Green Forest Fire District?

Brief response: The State Fire Marshal is responsible for enforcing and periodically revising the Arkansas Fire Prevention Code (AFPC). Local jurisdictions may establish a building department led by a building official to implement and enforce the second volume of the AFPC, which pertains to buildings and structures. But because this office is not a factfinder when issuing opinions, I cannot say who, if anyone, has been appointed as the building official responsible for local enforcement of the AFPC where the wind turbines are planned to be built.

Question 2: Can the City of Green Forest or the Green Forest Fire Department adopt additional industry-recognized requirements for commercial construction projects more stringent than the minimum requirement of the Arkansas Fire Prevention Code, Volume 2?

Brief response: The AFPC establishes the minimum standards necessary to provide a reasonable level of safety and protection from fire, explosion, or other dangerous conditions. But counties, municipalities, and other political subdivisions may adopt local fire prevention codes that contain more stringent safety provisions than those in the AFPC. This would include more stringent industry-recognized requirements for commercial construction projects.

Question 3: Can the City of Green Forest or the Green Forest Fire Department require peer review of footings, anchoring, and foundations in a commercial construction project more stringent than the minimum requirements of the Arkansas Fire Prevention Code, Volume 2?

Brief response: As explained in my response to Question 2, a local jurisdiction can adopt a fire prevention code with requirements that are more stringent than those contained in the AFPC. This would include a code that requires peer review of footings, anchoring, and foundations in a commercial construction project, as long as those peer review requirements are at least as stringent as those found in the AFPC.

Question 4: Can the City of Green Forest or the Green Forest Fire Department require the developer to pay a permit fee based, in part, on the anticipated cost to the building inspector of conducting inspections, including the cost of employing independent third-party experts to conduct the inspections on its behalf?

Brief response: It is my opinion that a city of the first class, like Green Forest, could pass an ordinance requiring developers of buildings or structures within city limits to pay fees to offset the costs of inspections, including the costs of employing independent third-party experts.
2024-089
State Senator Scott Flippo
Question 1: Because preprinted paper buyerโ€™s tags are provided by dealers and are specifically โ€œaddressed in [A.C.A. ยง] 27-14-1705,โ€ are โ€œthe buyerโ€™s tag[s] โ€ฆ excluded [under ยง 27-14-703] from following the [sections] inโ€ subchapter 7 about license plates?

Brief response: The statutory display requirements for temporary preprinted buyerโ€™s tags are independent of those for license plates, so temporary tags do not need to meet the display requirements for license plates. Some of the requirements for temporary tags will overlap with license plates; some will not.

Question 2: โ€œHow can the buyer follow both codesโ€โ€”that is, the requirements for both preprinted paper buyerโ€™s tags and license plates?

Brief response: Because the requirements for temporary preprinted paper buyerโ€™s tags and license plates are independent, a buyer is not required to apply the license plate requirements to temporary tags.

Question 3: โ€œIf the rhetoric for 27-14- subchapter 7 says one thing and subchapter 17 says another, would these two codes be ambiguous?โ€

Brief response: Because the requirements for temporary tags and license plates do not conflict, this question is moot.