OCCUPANCY LIMITATIONS

The purpose of occupancy limitations is to maintain a safe and healthy living environment as well as quality of life for the occupants.  An overcrowded structure is a dwelling that has more occupants than what is permitted by the Property Maintenance Code of Fort Smith Arkansas.  The Property Maintenance Code was established to ensure that residents maintain safe living conditions for the interior as well as the exterior of their home. 

The occupancy limitations are determined by the minimum square footage requirments per person living in the residence.  A bedroom occupied by one person must be a minimum of 70 square feet.  All bedrooms occupied by more than one person must have a minimum of 50 square feet per person. 

In addition to the sleeping space requirements, a home with 3-5 occupants must also provide minimums of 120 square feet of living room area and 80 square feet of dining area.  For homes with 6 or more occupants there must be minimums of 150 square feet of living area and 100 square feet of dining area.  Note: There are no living/dining requirements where there are only 1-2 occupants, however, sleeping space requirements still apply. 

Uninhabitable spaces such as a kitchen, closet, bathroom, garage or utility room cannot be used for sleeping purposes and cannot contribute to the overall square footage used to determine the number of legal occupants allowed in a dwelling.