reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 27 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS (§§ 20-27-101 — 20-27-2705) › Subchapter 27 - UNLAWFUL SALE OF BEDDING (§§ 20-27-2701 — 20-27-2705) › Section 20-27-2701 - Definitions

As used in this subchapter:
(1)
"Bedding" means a mattress, upholstered spring, comforter, pad, cushion, pillow, box springs, foundation, or studio couch made, in whole or in part, from new or secondhand fabric, filling materials, or other materials, which can be used for sleeping or reclining purposes;
(2)
[Repealed.]
(3)
[Repealed.]
(4)
"Manufacture" means the making of bedding out of new material;
(5)
"New material" means any fabric, filling material, other material, or article of bedding that has not been previously used in the manufacturing, distributing, or retailing process or for which the legal title has not been transferred by a manufacturer, distributor, or retailer to a final purchaser, including by-products of any textile or manufacturing process that are free from dirt, insects, and other contamination;
(6)
"Person" means an individual, sole proprietorship, partnership, limited liability company, corporation, joint venture, association, trust, and any other entity and the agents, servants, and employees of the entity;
(7)
"Renovator" means a person that repairs, makes over, recovers, restores, sanitizes, germicidally treats, cleans, or renews bedding;
(8)
"Sanitizer" means a person that sanitizes, germicidally treats, or cleans but does not otherwise alter any fabric, filling material, other materials, or article of bedding for use in manufacturing or renovating bedding;
(9)
"Secondhand material" means any fabric, filling material, other material, or article of bedding that has been previously used for any purpose, including without limitation floor samples from any source other than a seller's own business and factory-returned materials or bedding, or is derived from a postconsumer or industrial waste and that may be used in place of new material in manufacturing or renovating bedding; and
(10)
"Seller" means a person that offers or exposes for sale, barters, trades, delivers, consigns, leases, possesses with intent to sell, or disposes of bedding in any commercial manner at the wholesale, retail, or other level of trade.
Amended by Act 2019, No. 389,§ 48, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5039, eff. 7/1/2019.
Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 27 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS (§§ 20-27-101 — 20-27-2705) › Subchapter 27 - UNLAWFUL SALE OF BEDDING (§§ 20-27-2701 — 20-27-2705) › Section 20-27-2702 - Bedding labels

(a)
(1)
All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials.
(2)
The label on bedding made from all new materials shall be white in color and shall state, "ALL NEW MATERIAL".
(3)
The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, "SECONDHAND MATERIAL".
(4)
The labels shall also comply with rules adopted by the Department of Health regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors.
(5)
Labels required by this section shall be permanently affixed.
(b)
A person shall not remove, deface, or alter in whole or in part a label or any statement on a label with the intent to defeat the provisions of this section.
(c)
A person shall not make a false or misleading statement on any label required under this section.
(d)
The Secretary of the Department of Health shall approve the form and size of labels, the fabric of which the labels are made, and the wording and statements on labels provided for under this section.
(e)
Labels required under this section shall be securely attached to the article of bedding or filling material at the site of the manufacturer in a conspicuous place where the label can be easily examined.
(f)
Labels required by this section shall have printing only on one (1) side.
(g)
Advertising matter shall not be placed on any label or any other printed matter not required by the provisions of this section.
(h)
The following statements and headings shall be shown on labels:
(1)
"UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label;
(2)
Headings shall read "All New Material" when the bedding material is wholly new material;
(3)
"Secondhand Material" when the bedding material in whole or in part is composed of secondhand material;
(4)
Description of filling material as provided in the applicable rules shall be included on the label;
(5)
The registry number assigned or approved by the department shall be included on the label;
(6)
Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and
(7)
For renovated articles, the name and address of the owner.
Amended by Act 2019, No. 315,§ 2125, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5040, eff. 7/1/2019.
Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 27 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS (§§ 20-27-101 — 20-27-2705) › Subchapter 27 - UNLAWFUL SALE OF BEDDING (§§ 20-27-2701 — 20-27-2705) › Section 20-27-2703 - Bedding materials

(a)
The contents and uses and percentage of filling materials used in articles of bedding and in bulk form shall be stated on the label.
(b)
Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the label in order of predominance with the component with the largest content listed first.
(c)
The Department of Health may establish grades, specifications, and tolerances for the kinds and qualities of materials that may be used in the manufacture, repair, or renovation of bedding composed of new materials or secondhand materials and may approve or adopt designations and rules which are not in conflict with any provisions of this section for the labeling of bedding filled with such materials.
(d)
The repairer or renovator of any bedding that is subsequently sold shall affix the secondhand material label, which shall be attached to the bedding before delivery to the owner.
(e)
(1)
Bedding shall not be manufactured in whole or in part from any secondhand material unless such material has been sanitized, germicidally treated, or cleaned by a method approved by the department.
(2)
All bedding containing material that is sanitized, germicidally treated, or cleaned in accordance with subdivision (e)(1) of this section shall bear a clear and conspicuous label that states the following:
"THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION."
(3)
In addition, the label shall state:
(A)
The specific methods of sanitizing, germicidal treatment, or cleaning applied;
(B)
The date on which the article was sanitized, treated, or cleaned;
(C)
The name, address, and permit number of the person applying the sanitizing, treatment, or cleaning; and
(D)
Specifically which materials or articles have been sanitized, treated, or cleaned.
Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 27 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS (§§ 20-27-101 — 20-27-2705) › Subchapter 27 - UNLAWFUL SALE OF BEDDING (§§ 20-27-2701 — 20-27-2705) › Section 20-27-2704 - Bedding inspections

(a)
The Department of Health, at its discretion, may randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator, or sanitizer for the purpose of determining compliance with the provisions of this section and the department's rules adopted under this section.
(b)
If the department finds probable cause to believe that an article of bedding violates any provisions of this section, the department may embargo, remove, recall, condemn, destroy, or otherwise dispose of bedding found to violate any provisions of this section.
(c)
(1)
(A)
(i)
The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section.
(ii)
Each day of a continuing violation constitutes a separate violation.
(B)
A person who violates any provision of this section commits a Class A misdemeanor.
(2)
The court may order restitution in addition to any other penalty provided in this subchapter.
(3)
The department may petition for an injunction to restrain a continuing violation of this section or a threat of a continuing violation of this section, provided such violation or threatened violation creates an immediate threat to public health and safety.
(4)
(A)
A manufacturer, renovator, or seller that knowingly attaches to bedding or sells bedding bearing a label stating that the product is made from all new materials when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor.
(B)
Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.
Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 27 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS (§§ 20-27-101 — 20-27-2705) › Subchapter 27 - UNLAWFUL SALE OF BEDDING (§§ 20-27-2701 — 20-27-2705) › Section 20-27-2705 - Rules

(a)
The Department of Health may adopt rules to implement this section, including without limitation rules regarding the following:
(1)
Mandatory label dimensions;
(2)
Format;
(3)
Informational content, including the name, address, and permit number of the manufacturer, renovator, or sanitizer;
(4)
Letter size;
(5)
Material;
(6)
Placement;
(7)
Affixing specifications;
(8)
Other relevant requirements;
(9)
The procedures and requirements for the application, issuance, renewal, denial, suspension, and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers, and sellers;
(10)
Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension, or revocation;
(11)
Approved manufacturers and sellers of labels required by this section; and
(12)
Any other substantive, interpretative, or procedural rules necessary to implement this subchapter.
(b)
In setting standards and procedures under this section, including those to protect public health and safety, the department may issue rules incorporating by reference uniform standards, norms, or testing procedures that are issued, promulgated, or accepted by recognized government, public, or industry organizations.
Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 28 - PUBLIC WATER SYSTEM SERVICE ACT (§§ 20-28-101 — 20-28-107) › Section 20-28-101 - Title

This chapter shall be known as the "Public Water System Service Act".
Acts 1987, No. 95, § 1; 1991, No. 1053, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 28 - PUBLIC WATER SYSTEM SERVICE ACT (§§ 20-28-101 — 20-28-107) › Section 20-28-102 - Definitions

As used in this chapter:
(1)
"Community public water system" means a public water system which serves at least fifteen (15) service connections used by year-round residents or which regularly serves at least twenty-five (25) year-round residents;
(2)
"Noncommunity public water system" means a public water system, not a community public water system, which serves fifteen (15) connections or twenty-five (25) persons at least sixty (60) days during the year;
(3)
"Nontransient noncommunity water system" means a noncommunity water system which serves at least twenty-five (25) of the same individuals at least one hundred eighty (180) days, or portions thereof, per year, or a public water system which is utilized as a source for bottled water;
(4)
"Public water system" means all sources and their surroundings from which water is derived for drinking or domestic purposes by the public, including sources for bottled water, and all structures, conduits, and appurtenances in connection therewith by which water for such use is obtained, treated, conditioned, stored, and delivered to customers;
(5)
"Public Water System Supervision Program" means the program administered by the Division of Engineering of the Department of Health, which includes the monitoring and supervision of all community public water systems. Activities under this program include, but are not limited to, conducting sanitary surveys, collecting and analyzing water samples and interpreting the results, training water system operators, investigating water and wastewater complaints, and reviewing applications, engineering reports, and construction plans for water and wastewater facilities; and
(6)
"Service connection" means any connection to a community or nontransient noncommunity public water system which delivers treated water to a residence, business, office, industry, or other customer for domestic, commercial, or industrial use.
Acts 1987, No. 95, § 2; 1991, No. 1053, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 28 - PUBLIC WATER SYSTEM SERVICE ACT (§§ 20-28-101 — 20-28-107) › Section 20-28-103 - Penalties - Enforcement

(a)
(1)
The owner or agent of any water system violating any provisions of this chapter shall upon conviction be guilty of a violation.
(2)
Each day in violation shall constitute a separate offense subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
(b)
Additionally, any water system violating any provision of this chapter shall be subject to civil penalties up to one thousand dollars ($1,000) per day for each day during which the violation occurs.
(c)
The Attorney General or his or her designee shall assist the Department of Health in prosecuting water systems not in compliance with this chapter.
Acts 1987, No. 95, § 5; 1991, No. 1053, § 1; 2005, No. 1994, § 127.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 28 - PUBLIC WATER SYSTEM SERVICE ACT (§§ 20-28-101 — 20-28-107) › Section 20-28-104 - Fees - Exceptions

(a)
The Department of Health may collect the following fees from each public water system for service, other than plan reviews, provided by the public water system supervision program:
(1)
(A)
For a community public water system and a nontransient noncommunity water system, not more than forty cents (40¢) per service connection per month.
(B)
(i)
The number of service connections for a community public water system not serving discrete service connections shall be calculated by dividing the population served by two and one-half (21/2).
(ii)
The number of service connections for a nontransient noncommunity water system shall be calculated by dividing the population served by two and one-half (21/2).
(C)
The minimum fee charged to a community public water system or a nontransient noncommunity water system is two hundred fifty dollars ($250) per year; and
(2)
For a noncommunity public water system, one hundred twenty-five dollars ($125) per year.
(b)
The number of service connections or population served shall be taken from the department's public water system inventory at the time of billing.
(c)
(1)
A new water system shall not be assessed a fee for services until water is supplied to the first connection.
(2)
Each state-owned noncommunity public water system is exempt from the fee provisions of this chapter.
(d)
The fees shall be established by the State Board of Health to assure implementation of this chapter.
Amended by Act 2019, No. 788,§ 1, eff. 7/24/2019.
Acts 1987, No. 95, § 3; 1991, No. 1053, § 1; 1993, No. 903, § 1; 2007, No. 292, § 1; 2009, No. 952, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 28 - PUBLIC WATER SYSTEM SERVICE ACT (§§ 20-28-101 — 20-28-107) › Section 20-28-105 - Payment of fees

(a)
All fees payable under this chapter shall be due according to the following schedule and shall be payable to the Department of Health:
(1)
Annual fees of one thousand dollars ($1,000) and less shall be payable in a single payment due on January 1 of each year;
(2)
Annual fees greater than one thousand dollars ($1,000) and less than five thousand dollars ($5,000) shall be payable in quarterly payments, with the payments due on October 1, January 1, April 1, and July 1 of each year; and
(3)
Annual fees of five thousand dollars ($5,000) and greater shall be payable in monthly payments, with the first payment due on August 1 of each year. Successive payments shall be due on the first day of each month.
(b)
All water systems issuing regular water bills for water service may recover the cost of the fees stated in §
20-28-104
by one (1) of the following methods:
(1)
Assessing a direct charge on each bill of not more than forty cents (40¢) per month per service connection; or
(2)
(A)
Apportioning the total amount of the annual fee charged to the water system among its customers in any manner that the water system determines to be more equitable.
(B)
However, a charge in excess of forty cents (40¢) per month per service shall not be charged for any service through which water is provided to another community public water system.
(c)
The charge shall be labeled, "FEE FOR FEDERAL SAFE DRINKING WATER ACT COMPLIANCE", and shall not be considered as a part of the water rates of the respective water systems. The fee shall be established by the State Board of Health to assure implementation of this chapter.
Amended by Act 2019, No. 788,§ 2, eff. 7/24/2019.
Acts 1987, No. 95, § 4; 1991, No. 1053, § 1; 1993, No. 903, § 1; 2007, No. 292, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 28 - PUBLIC WATER SYSTEM SERVICE ACT (§§ 20-28-101 — 20-28-107) › Section 20-28-106 - Disposition of funds

(a)
All fees, fines, and penalties collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only as specified in subsection (c) of this section for the operation of the Public Water System Supervision Program.
(b)
Subject to rules and regulations as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to the program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
(c)
Expenditures of funds collected under this section shall be limited to the following purposes:
(1)
In the Division of Engineering of the Department of Health:
(A)
Personnel expenditures for staff engaged in program activities;
(B)
Expenditures for capital equipment, including vehicles, for program activities;
(C)
Maintenance and operation expenditures for staff engaged in program activities;
(D)
Expenditures for official business travel for staff engaged in program activities;
(E)
Expenditures for training and conferences for staff engaged in program activities;
(F)
Expenditures for public education activities in support of the program and the drinking water industry;
(G)
Expenditures for water system operator training activities;
(H)
Expenditures in support of a statewide wellhead protection program;
(I)
Expenditures for consultants and professional services in support of program activities; and
(J)
Expenditures for any other activities directly related to the program; and
(2)
In the Public Health Laboratory of the Department of Health:
(A)
Personnel expenditures for staff engaged in drinking water analyses;
(B)
Expenditures for capital equipment for drinking water analytical services;
(C)
Maintenance and operation expenditures for staff engaged in drinking water analytical services;
(D)
Expenditures for official business travel for staff engaged in drinking water analytical services; and
(E)
Expenditures for training and conferences for staff engaged in drinking water analytical services.
Acts 1987, No. 95, § 6; 1991, No. 1053, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 28 - PUBLIC WATER SYSTEM SERVICE ACT (§§ 20-28-101 — 20-28-107) › Section 20-28-107 - Development restrictions

In reviewing the impact on public health and safety of a plan for improvements to a public water system or a public sewer system through the addition of distribution lines to a subdivision or commercial development, the Engineering Section of the Department of Health shall consider the effect of the plan on future development or zoning of adjoining properties.
Added by Act 2023, No. 565,§ 18, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-101 - Title

This chapter shall be known as the "Arkansas Manufactured Home Recovery Act".
Acts 1987, No. 346, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-102 - Definition

As used in this chapter, "commission" means the Arkansas Manufactured Home Commission.
Acts 1987, No. 346, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-103 - Disposition of funds

(a)
There is created on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a trust fund to be known as the "Manufactured Housing Recovery Fund".
(b)
The fund shall consist of trust fund receipts derived from fees assessed under this chapter by the Arkansas Manufactured Home Commission and shall be used for such purposes as are set out in §§
20-29-104
-
20-29-108
,
20-29-109
[repealed], and
20-29-110
.
(c)
No money shall be expended from the fund for any purpose except at the direction of the commission.
(d)
The fund shall be administered, disbursed, and invested under the direction of the commission.
(e)
(1)
All incomes derived through investment of the fund shall be credited to the fund as investment income.
(2)
For the purposes of investment, moneys invested and interest earned thereon shall be administered as trust funds pursuant to the State Treasury Management Law, §
19-3-501
et seq.
(f)
Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.
Acts 1987, No. 346, § 4; 1988 (3rd Ex. Sess.), No. 9, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-104 - Assessments

(a)
The Arkansas Manufactured Home Commission shall collect assessment fees from manufacturers of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers.
(b)
The commission shall collect the following assessment fees at the time of submission of initial certification or licensure applications:
(1)
Installer ............... $2,500.00 per location
(2)
Retailer ............... 5,000.00 per location
(3)
Manufacturer ............... 10,000.00 per location
(c)
(1)
If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers, and the annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000).
(2)
The annual assessments collected shall not exceed the following:
(A)
Installer ............... $500.00 per location
(B)
Retailer ............... 1,000.00 per location
(C)
Manufacturer ............... 3,000.00 per location
(3)
The assessments shall be collected within thirty-days' notice to all certified manufacturers, retailers, and licensed installers.
(d)
(1)
Any participant may receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state if there are no claims pending against the participant, provided that:
(A)
The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and
(B)
The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state.
(2)
If the participant fails to satisfy the provisions found in subdivisions (d)(1)(A) and (B) of this section, the assessment fee shall remain in the fund.
(3)
No interest shall accrue to the benefit of the participant.
Acts 1987, No. 346, §§ 3, 4; 1991, No. 373, § 1; 2001, No. 1263, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-105 - Complaints - Amount of damages

(a)
All consumer, licensee, installer, retailer, or manufacturer complaints shall be filed with the Arkansas Manufactured Home Commission. The commission shall determine, by hearing or whatever procedure it establishes, whether any standard adopted by the commission has been violated and, if so, the actual cost of repairs to the manufactured home, if any, suffered by the aggrieved party or parties.
(b)
The amount of damages awarded by the commission shall be limited to the actual cost of repairs to the manufactured home and shall not include attorney's fees. On appeal to the circuit court from an award of the commission, the jurisdiction of the circuit court shall be limited to the actual cost of repairs to the manufactured home. The circuit court shall not have jurisdiction to award attorney's fees, court costs, or punitive or exemplary damages for claims covered by this chapter.
(c)
The question of what constitutes a continuing series of violations shall be a matter solely within the discretion and judgment of the commission.
(d)
(1)
The commission shall by rule establish procedures for the investigation and timely resolution of claims against the Manufactured Housing Recovery Fund involving participating manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported during the one-year period beginning on the date of installation of the home.
(2)
The investigations, required corrections, and remedial actions shall be handled in accordance with the code and rules promulgated pursuant to the code.
(3)
The commission shall by rule establish requirements for eligibility of claims against the fund.
Amended by Act 2019, No. 315,§ 2126, eff. 7/24/2019.
Acts 1987, No. 346, § 3; 1991, No. 373, § 2; 2001, No. 1263, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-106 - Payment of damages - Award from Manufactured Housing Recovery Fund when damages not paid

(a)
Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission.
(b)
If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if:
(1)
The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer;
(2)
The fund balance is sufficient to pay the award;
(3)
The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and
(4)
The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.
(c)
Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer.
Acts 1987, No. 346, § 3; 2001, No. 1263, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-107 - Appeals

(a)
(1)
Appeals from a decision of the Arkansas Manufactured Home Commission shall be to the circuit court in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(2)
The appeal shall stay that portion of the commission order which directs payment of the damages. Neither the respondent nor the commission shall be required to pay damages to the complainant until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued.
(b)
On appeal, the circuit court jurisdiction in awarding damages to be paid from the Manufactured Housing Recovery Fund shall be limited in amount to:
(1)
The amount determined by the commission; or
(2)
The limits set forth in §
20-29-106(c)
. The court shall not award attorney's fees or court costs to be paid by the fund.
Acts 1987, No. 346, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-108 - Suspension of license pending reimbursement or appeal

(a)
(1)
The Arkansas Manufactured Home Commission shall suspend the license or certificate of each licensee, installer, retailer, or manufacturer until such time as the licensee, installer, retailer, or manufacturer reimburses award amounts paid on its behalf to the Manufactured Housing Recovery Fund, plus interest at a rate to be determined by the commission, but the interest is not to exceed ten percent (10%) per annum.
(2)
The commission may permanently suspend the license or certificate of the respondent upon failure to pay an order of the commission or court.
(b)
The commission may move the circuit court to suspend the license or certificate of the respondent during pendency of an appeal from a commission order.
Acts 1987, No. 346, § 3; 2001, No. 1263, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-110 - Enforcement

(a)
The Arkansas Manufactured Home Commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to §
20-29-107
.
(b)
All hearings and appeals under this chapter shall be pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(c)
Nothing in this chapter shall be construed to limit or restrict in any manner other civil or criminal remedies available under other laws to any person.
Acts 1987, No. 346, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-111 - Use of funds exceeding $400,000

On January 1 of any year, if the Manufactured Housing Recovery Fund exceeds four hundred thousand dollars ($400,000), the Arkansas Manufactured Home Commission may approve the use of up to five percent (5%) of the fund balance above that amount for training and education programs, including, but not limited to, workshops, instruction manuals, audio and video tapes, and presentations.
Acts 1991, No. 373, § 3; 2001, No. 1263, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 29 - ARKANSAS MANUFACTURED HOME RECOVERY ACT (§§ 20-29-101 — 20-29-112) › Section 20-29-112 - Rules

The Arkansas Manufactured Home Commission may establish rules for implementation of this chapter.
Amended by Act 2019, No. 315,§ 2127, eff. 7/24/2019.
Acts 1991, No. 373, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 30 - SWIMMING POOLS (§§ 20-30-101 — 20-30-107) › Section 20-30-101 - Definitions

As used in this chapter:
(1)
"Critical items" means those aspects of operation or conditions of facilities or equipment which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. These include:
(A)
Restriction of employees with infection;
(B)
Approved water supply of hot and cold running water under pressure;
(C)
Sewage and liquid waste disposal;
(D)
No cross-connection or back-siphonage;
(E)
Safety;
(F)
Excessive turbidity;
(G)
Failure to maintain proper chemical levels;
(H)
Failure or lack of filtration, sanitizing, and cleaning equipment and chemicals; and
(I)
Absence or lack of required supervisory personnel;
(2)
[Repealed.]
(3)
"Imminent health hazard" means any condition, deficiency, or practice which, if not corrected, is very likely to result in illness, injury, or loss of life to any person;
(4)
"Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the United States Government and its agencies and departments; and
(5)
(A)
"Public swimming pool" means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, together with buildings, appurtenances, and equipment used in connection therewith. Included are spa-type, wading, or special purpose pools or water recreation attractions, including, but not limited to, those operated at camps, childcare facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions, schools, motels, hotels, and mobile home parks, to which admission may be gained with or without payment of a fee.
(B)
"Public swimming pool" shall not apply to private pools at single-family residences.
Amended by Act 2019, No. 389,§ 49, eff. 7/24/2019.
Acts 1987, No. 623, § 1; 1997, No. 285, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 30 - SWIMMING POOLS (§§ 20-30-101 — 20-30-107) › Section 20-30-102 - Penalty

(a)
Any person operating a public swimming pool in violation of this chapter or rules adopted pursuant to this chapter shall be guilty of a violation.
(b)
(1)
Upon conviction, that person shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense.
(2)
Each day of operation after sufficient notice has been given shall constitute a separate offense.
Amended by Act 2019, No. 315,§ 2128, eff. 7/24/2019.
Acts 1987, No. 623, § 7; 2005, No. 1994, § 128.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 30 - SWIMMING POOLS (§§ 20-30-101 — 20-30-107) › Section 20-30-103 - Authority of Department of Health

The Department of Health is authorized:
(1)
To carry out or cause to be carried out all provisions of this chapter;
(2)
To collect all fees provided for in this chapter;
(3)
To prescribe such rules governing the alteration, construction, sanitation, safety, and operation of public swimming pools as may be necessary to protect the health and safety of the public and to require every public swimming pool to comply with these rules;
(4)
To inspect every public swimming pool in operation in the state to determine compliance with this chapter and rules;
(5)
To issue or cause to be issued, suspend, and revoke permits to operate public swimming pools as provided in this chapter;
(6)
To notify the owner, proprietor, or agent in charge of any public swimming pool of such changes or alterations as may be necessary to effect complete compliance with this chapter and rules governing the construction, alteration, and operation of the facilities and to close the facilities for failure to comply within specified times as provided in this chapter and rules; and
(7)
To train, test, and certify qualified operators of public swimming pools.
Amended by Act 2019, No. 315,§ 2130, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2129, eff. 7/24/2019.
Acts 1987, No. 623, § 2; 1997, No. 285, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 30 - SWIMMING POOLS (§§ 20-30-101 — 20-30-107) › Section 20-30-104 - Permits - Application, renewal, posting, etc

(a)
No person shall operate a public swimming pool who does not hold a valid permit issued to him or her by the Department of Health.
(b)
Every person who shall engage in the business of operating a public swimming pool shall procure a permit from the department for each public swimming pool operated.
(c)
(1)
Any person planning to operate a public swimming pool shall make written application for a permit on forms provided by the department. The applications shall be completed and returned to the department with the proper permit fee.
(2)
Before approval of the application for a permit, the department shall inspect the proposed facility to determine compliance with requirements of this chapter and rules. The department shall issue a permit to the applicant if the inspection reveals that the facility is in compliance with the requirements of this chapter and rules.
(d)
Each permit for public swimming pools shall expire on the December 31 next following its issuance.
(e)
Applications for renewal of permits for existing public swimming pools shall be mailed to the operator before January 1 of each year. When completed applications and the proper permit fees are returned, the department shall issue new permits to applicants.
(f)
No permit shall be transferred from one location or individual to another.
(g)
Permits shall be posted in a conspicuous manner.
Amended by Act 2019, No. 315,§ 2131, eff. 7/24/2019.
Acts 1987, No. 623, §§ 3, 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 30 - SWIMMING POOLS (§§ 20-30-101 — 20-30-107) › Section 20-30-105 - Permits - Suspension or revocation

The Department of Health may suspend or revoke any permit to operate a public swimming pool issued pursuant to this chapter if the department has reasonable cause to believe that the permittee is not in compliance with this chapter or the permittee has repeatedly violated requirements of this chapter.
Acts 1987, No. 623, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 30 - SWIMMING POOLS (§§ 20-30-101 — 20-30-107) › Section 20-30-106 - Permits - Fees

(a)
The annual permit fee to operate a public swimming pool shall be twenty-five dollars ($25.00), except as outlined in subsection (b) of this section, due and payable each January 1. The permit fee shall be due and payable before beginning operation of any new public swimming pool and on each January 1 thereafter.
(b)
If a public swimming pool and a food service establishment are owned and operated at the same location by a common individual, corporation, firm, or other entity, the annual swimming pool permit fee shall be ten dollars ($10.00) due and payable each January 1.
(c)
The permit fee shall be paid to the Department of Health before a permit is issued, and the permit shall be kept and displayed in a conspicuous manner, properly framed, at the pool for which it was issued.
Acts 1987, No. 623, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 30 - SWIMMING POOLS (§§ 20-30-101 — 20-30-107) › Section 20-30-107 - Disposition of funds

(a)
All fees and fines levied and collected under this chapter are declared to be special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund.
(b)
Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to swimming pools that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
Amended by Act 2019, No. 315,§ 2132, eff. 7/24/2019.
Acts 1987, No. 623, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 31 - ARKANSAS ELECTRICAL CODE AUTHORITY ACT (§§ 20-31-101 — 20-31-105) › Section 20-31-101 - Title

This chapter may be known and may be cited as the "Arkansas Electrical Code Authority Act".
Acts 1991, No. 653, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 31 - ARKANSAS ELECTRICAL CODE AUTHORITY ACT (§§ 20-31-101 — 20-31-105) › Section 20-31-102 - Definitions

As used in this chapter:
(1)
[Repealed.]
(2)
[Repealed.]
(3)
[Repealed.]
(4)
"Electrical facilities" means all wiring fixtures, appurtenances, and appliances for and in connection with a supply of electricity within or adjacent to any building, structure, or conveyance but not including the connection with a power supply meter or other power supply source;
(5)
"Electrical work" means:
(A)
Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations;
(B)
Installations of conductors that connect to the supply of electricity; and
(C)
Installations of other outside conductors on the premises;
(6)
(A)
"Electrician" means any person, individual, member, or employee of a firm, partnership, or corporation which is engaged in the business of or who for hire:
(i)
Plans, lays out, and supervises the installation, maintenance, and extension of electrical conductors and equipment; or
(ii)
Installs, erects, repairs or contracts to install, erect, or repair:
(a)
Electrical wires or conductors to be used for the transmission of electric light, heat, power, or signaling purposes;
(b)
Moulding, ducts, raceways, or conduits for the reception or protection of wires or conduits; or
(c)
Any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes.
(B)
"Electrician" also means an electrical contractor, a master electrician, a journeyman electrician, or an industrial maintenance electrician licensed under §
17-28-101
et seq.; and
(7)
"Primary residence" means an unattached single-family dwelling used as the person's primary place of residence.
Amended by Act 2019, No. 389,§ 50, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5502, eff. 7/1/2019.
Acts 1991, No. 653, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 31 - ARKANSAS ELECTRICAL CODE AUTHORITY ACT (§§ 20-31-101 — 20-31-105) › Section 20-31-103 - Exemptions

(a)
The following types of construction and structures shall be exempted from this chapter:
(1)
Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Arkansas Public Service Commission, by a rural electric association or cooperative, or by a municipal utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards;
(2)
Any construction, installation, maintenance, repair, or renovation of any nonresidential farm building or structure; and
(3)
Any construction or manufacture of manufactured homes covered by the National Manufactured Housing Construction and Safety Standards Act of 1974,
42 U.S.C. § 5401
et seq.
(b)
The exemption from compliance with the standards promulgated in this section shall not be referred to in any way, and it shall not be any evidence of the lack of negligence or the exercise of due care by a party at a trial of any civil action to recover damages by any party.
(c)
The licensing requirements of this chapter do not apply to an owner that performs electrical work or the construction, maintenance, or installation of electrical facilities upon the existing primary residence of the owner or a primary residence of the owner that is under construction.
Acts 1991, No. 653, § 4; 2007, No. 993, § 1.