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Arkansas Statutes, Title 20

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Arkansas/Statutes

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Title 20, Public Health and Welfare

63 chapters · 2,725 sections in this title.

All chapters in Title 202,725 Ch 77, Medical Assistance241 Ch 16, Reproductive Health215 Ch 10, Long-Term Care Facilities and Services191 Ch 13, Emergency Medical Services151 Ch 17, Death and Disposition of the Dead139 Ch 27, Miscellaneous Health and Safety Prov…130 Ch 15, Disease and Disease Prevention Generally114 Ch 9, Health Facilities and Services Generally112 Ch 64, Alcohol and Drug Abuse106 Ch 7, State Board of Health — Department o…96 Ch 76, Public Assistance Generally92 Ch 47, Treatment of Persons With Mental Illness83 Ch 22, Fire Prevention, Protection, and Safety81 Ch 48, Treatment of Persons With Developmen…74

81 sections·Filtered byTitle 20✕Ch 22✕

Ark. Code Ann. § 20-22-1001 Title
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This subchapter may be cited as the “Arkansas Comprehensive Fire Protection Act of 1993”.
Ark. Code Ann. § 20-22-1002 Policy and purpose
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(1) Because of the existing and increasing occurrence of fires that damage and destroy the public and private property of the citizens of Arkansas and because of the increase in population and structures that form the residences, businesses, and institutions of this state and its…
Ark. Code Ann. § 20-22-1003 Definitions
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(1) As used in this subchapter:(1) “Adjunct services” refers to those activities related to or performed by a fire services agency, such as hazardous and toxic materials response and recovery, search and rescue, and such other functions as may be assigned to or reasonably expecte…
Ark. Code Ann. § 20-22-1004 Office of Fire Protection Services
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(a) The Office of Fire Protection Services shall have the following duties and functions:(1) To be responsible for carrying out the administrative functions and directives of the Arkansas Fire Protection Services Board and for managing those activities prescribed for the board un…

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Ark. Code Ann. § 20-22-1006 Arkansas Fire Protection Services Resources Plan

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(a) The Office of Fire Protection Services shall facilitate and coordinate, with the cooperation and assistance of the fire services agencies listed in § 20-22-1004(c), the development and formulation of a comprehensive program for the orderly coordination, cooperation, and devel…

Ark. Code Ann. § 20-22-1007 State and local government agencies — Liaison officers

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(a) It is directed by this subchapter that the head of each state agency with fire services, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments shall appoint a member or …

Ark. Code Ann. § 20-22-1008 Utilization of existing services and facilities

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All fire services agencies of the state, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments, to the maximum extent practicable, shall utilize services, facilities, equipm…

Ark. Code Ann. § 20-22-1009 State Fire Marshal

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(a) There is created the position of State Fire Marshal within the Office of Fire Protection Services of the Division of Emergency Management. (b) The State Fire Marshal shall be under the supervision and direction of the Director of the Division of Emergency Management. (c) The …

Ark. Code Ann. § 20-22-101 Firefighting foam — Definitions

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(a) As used in this section:(1) “Class B firefighting foam” means foam designed for flammable liquid fires;(2) “Foam training facility” means a facility:(A) In which the discharge of foam is permitted in a nonemergency situation for the training of firefighters and the readiness …

Ark. Code Ann. § 20-22-1010 Duties of State Fire Marshal

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(a) The State Fire Marshal shall have the responsibility to:(1) Provide sufficient training to the several deputy fire marshals in the State of Arkansas to enable them to better understand their duties and their authority and to motivate them to perform their duties in an effecti…

Ark. Code Ann. § 20-22-1011 Fire drills — Building egress

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(a) It shall be the duty of the State Fire Marshal, or his or her designee, to require teachers of public and private schools and all educational institutions to have one (1) fire drill each month. (b) A person shall not be impeded from building egress in compliance with the Arka…

Ark. Code Ann. § 20-22-1012 Inspection of buildings

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(a) (1) Upon complaint of any person or on his or her own motion, the State Fire Marshal, or his or her designee, may inspect all buildings and premises within his or her jurisdiction and issue an order for the compliance with the State Fire Marshal's rules.(2) Failure or refusal…

Ark. Code Ann. § 20-22-1013 Disposition of penalties, fees, and forfeitures

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All penalties, fees, or forfeitures collected under the provisions of this subchapter shall be deposited into the State Treasury to the credit of the Fire Services Fund.

Ark. Code Ann. § 20-22-1014 Temporary door barricade devices

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A person may install and use a temporary door barricade device or security lockdown device for security purposes to protect individuals during active shooter events or other similar situations.

Ark. Code Ann. § 20-22-1015 Americans with Disabilities Act compliance

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When the Arkansas Fire Prevention Code conflicts with the 2010 Americans with Disabilities Act Standards for Accessible Design, the conflicting provisions of the 2010 Americans with Disabilities Act Standards for Accessible Design shall control.

Ark. Code Ann. § 20-22-1016 Review of fire protection class code determinations by State Fire Marshal — Recommendations to Insurance Commissioner

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(a) The State Fire Marshal, or his or her designee, may review fire protection standards filings filed by an advisory organization with the Insurance Commissioner if:(1) The filing is based on the effectiveness of fire protection services; and(2) Upon request of the commissioner …

Ark. Code Ann. § 20-22-102 Critical incident debriefing — Definition

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(a) As used in this section, “critical incident” means an event that has a stressful impact sufficient to overwhelm a person's usually effective coping skills, including an event that falls outside the range of ordinary human experience. (b) A local government that maintains a fi…

Ark. Code Ann. § 20-22-301 Enforcement — Nonliability

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(a) The Arkansas Forestry Commission shall designate those employees who shall have the powers of peace officers in the enforcement of the fire laws, the laws pertaining to the unlawful disposal of solid waste when the unlawful disposal occurs on forest land, and any criminal law…

Ark. Code Ann. § 20-22-302 Notice to Arkansas Forestry Commission of intent to burn forest vegetation

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(a) (1) Any person in this state who desires to burn forest vegetation, including debris from land clearing, shall notify the Arkansas Forestry Commission of the person's intention to burn. Notification of the proposed burning shall include the time and location of the intended b…

Ark. Code Ann. § 20-22-303 Public nuisance — Duty to extinguish

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(a) Any fire on any forested, cut-over, brushlands, or grasslands burning uncontrolled is declared a public nuisance by reason of its menace to life or property. (b) (1) Any person, firm, or corporation responsible for either the starting or the existing of such a fire is require…

Ark. Code Ann. § 20-22-304 Civil action for damages

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(a) Persons, firms, or corporations starting or being responsible for fires that cause damage to any other person shall make satisfaction in double damage to the party injured. (b) Damages are to be recovered by civil action.

Ark. Code Ann. § 20-22-305 No bond for costs of prosecution required

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No bond for costs shall be required in any courts of this state for prosecution for violation of §§ 20-22-301, 20-22-303, 20-22-304, 20-22-306, and this section.

Ark. Code Ann. § 20-22-306 Conviction as prima facie evidence in civil action

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Conviction for violation of § 5-38-310 or any part of § 5-38-311 shall be prima facie evidence of responsibility in civil action to recover damages or suppression costs under § 20-22-304.

Ark. Code Ann. § 20-22-401 Legislative findings

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The General Assembly finds that it is desirable that every licensed long-term care facility in this state install and maintain either a sprinkler system throughout the facility or an approved smoke or particle sensor device system with visual signals outside each patient room.

Ark. Code Ann. § 20-22-402 Maintenance of sensor devices

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The smoke or particle sensor devices required to be installed in nursing homes by this subchapter shall be maintained in working order by the respective long-term care facilities at all times.

Ark. Code Ann. § 20-22-403 Reimbursement

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(a) Licensed long-term care facilities participating in the Title XIX cost reimbursement program for long-term care facilities which elect to install smoke or particle sensor devices shall claim reimbursement for approved purchase and installation costs over a five-year period on…

Ark. Code Ann. § 20-22-404 Rules adopted by Office of Long-Term Care

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The Office of Long-Term Care of the appropriate division as determined by the Secretary of the Department of Human Services may adopt appropriate rules to carry out the purpose and intent of this subchapter.

Ark. Code Ann. § 20-22-501 Applicability

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(a) Every person, firm, partnership, copartnership, association, corporation, or other business entity owning or operating any hotel, motel, apartment building, or other similar multiple-occupancy facility affected by this subchapter shall, with respect to buildings constructed b…

Ark. Code Ann. § 20-22-502 Penalties

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(a) (1) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility who shall fail or refuse to properly install and maintain an emergency lighting system, fire escape stairway and ladders, and a fire alarm system, in accordance with …

Ark. Code Ann. § 20-22-503 Enforcement of fire, police, and safety rules by employee

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(a) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility shall employ one (1) or more persons who shall be on duty on the premises, when they are occupied, from 6:00 p.m. until 8:00 a.m. seven (7) days a week. (b) It shall be t…

Ark. Code Ann. § 20-22-504 Emergency lighting

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(a) Any hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall be equipped with an emergency lighting system, including exit lights, corridor lights, exit stairway lights, and an emergency source o…

Ark. Code Ann. § 20-22-505 Fire escapes

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Every hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall be constructed or equipped with fire escape stairways or ladders in conformity with the Arkansas Fire Prevention Code.

Ark. Code Ann. § 20-22-506 Fire alarms

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(a) Every hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall also be equipped with a fire alarm system conforming to the minimum requirements of the Arkansas Fire Prevention Code. (b) The fire …

Ark. Code Ann. § 20-22-507 Posting of subchapter

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A copy of this subchapter shall be posted in each guest room or suite of all hotels, motels, apartment buildings, or other similar multiple-occupancy facilities subject to this subchapter.

Ark. Code Ann. § 20-22-601 Legislative intent

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It is the purpose and intent of this subchapter to provide for monitoring the sale, installation, and servicing of portable fire extinguishers and the sale, installation, and servicing of fixed fire protection systems and the planning, sale, installation, and servicing of fire pr…

Ark. Code Ann. § 20-22-602 Definitions

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(1) As used in this subchapter:(1) “Apprentice” means a qualified person:(A) Enrolled as required in an apprenticeship program recognized by the Arkansas Fire Protection Licensing Board; and(B) Who may perform work entitled by the licensee under the direct supervision of a licens…

Ark. Code Ann. § 20-22-603 Exceptions

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(1) The provisions of this subchapter do not apply to the following:(1) The filling or charging of a portable fire extinguisher by the manufacturer before its initial sale;(2) The visual inspections by a firm of its own portable fire extinguishers, fixed fire protection systems, …

Ark. Code Ann. § 20-22-604 Penalties

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(a) The Arkansas Fire Protection Licensing Board, in a lawful proceeding respecting licensing as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, may assess a civil penalty of not more th…

Ark. Code Ann. § 20-22-605 Report and investigation of violations

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(a) The Division of Occupational and Professional Licensing Boards and Commissions and other state and local agencies and officers may cooperate with and assist the Arkansas Fire Protection Licensing Board in administering and enforcing this subchapter by reporting to the board a…

Ark. Code Ann. § 20-22-606 Arkansas Fire Protection Licensing Board — Creation — Members

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(a) (1) There is created the Arkansas Fire Protection Licensing Board, which shall be composed of eleven (11) members who are residents of the state and who shall be appointed by the Governor for terms of five (5) years. The eleven (11) members shall be constituted as follows:(A)…

Ark. Code Ann. § 20-22-607 Arkansas Fire Protection Licensing Board — Powers and duties

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(1) The Arkansas Fire Protection Licensing Board shall:(1) Formulate and administer policies as may be determined necessary for the protection and preservation of life and property in regard to:(A) The registration of firms engaging in the business of installing, inspecting, or s…

Ark. Code Ann. § 20-22-608 State Fire Marshal — Powers and duties

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(1) The State Fire Marshal shall advise and assist the Arkansas Fire Protection Licensing Board in the adoption of policies and procedures for the:(1) Effective monitoring of the sale, installation, and servicing of portable fire extinguishers;(2) Sale, installation, and servicin…

Ark. Code Ann. § 20-22-609 License, permit, or certificate required — Compliance with subchapter — Penalties

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(1) Except as provided in §§ 20-22-603 and 20-22-613, no person may do any of the following:(1) Engage in the business of installing, inspecting, or servicing portable fire extinguishers without a current certificate of registration;(2) Engage in the business of installing, inspe…

Ark. Code Ann. § 20-22-610 License, permit, or certificate — Application — Fees

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(a) Applications for licenses, permits, and certificates provided for in this section shall be made under policies adopted by the Arkansas Fire Protection Licensing Board and shall be submitted on forms prescribed by the board. (b) (1) Each firm or person desiring to engage in or…

Ark. Code Ann. § 20-22-611 License, permit, or certificate — Qualifications

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(a) For a license to install or service portable fire extinguishers, for a license to sell, install, or service fixed fire protection systems, or for a license to conduct any fire protection sprinkler system business, a person employed by a certified firm shall obtain a license i…

Ark. Code Ann. § 20-22-612 License, permit, or certificate — Previously engaged persons

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Notwithstanding the provisions of this subchapter, if any person or firm engaged in the business on January 1, 1977, of servicing portable fire extinguishers, installing or servicing fixed fire protection systems, or performing hydrostatic testing of fire extinguishers derived tw…

Ark. Code Ann. § 20-22-613 Actions

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(a) No portable fire extinguisher or fixed fire protection system may be sold or installed in this state unless it carries a label of approval of a nationally recognized testing laboratory approved by the Arkansas Fire Protection Licensing Board. (b) No soda acid or foam acid typ…

Ark. Code Ann. § 20-22-701 Definitions

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(1) As used in this subchapter:(1) “Distributor” means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer, or both;(2) “I.C.C. Class C commo…

Ark. Code Ann. § 20-22-702 Public displays excepted

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(a) Nothing in this subchapter shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules promulgated by the State Fire Marshal. Such items of …

Ark. Code Ann. § 20-22-703 Other exceptions

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(a) (1) Nothing in this subchapter shall be construed as applying to the:(A) Manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use;(B) Milita…