Fort Smith, AR Short-Term Rentals: Occupancy Limits (2026)

Occupancy at a Fort Smith STR is governed by adopted building, fire, and property-maintenance codes rather than a dedicated STR cap. The City of Fort Smith has adopted versions of the International Property Maintenance Code (IPMC) and the International Fire Code (IFC) through its building and code-enforcement chapters. IPMC Section 404 sets minimum bedroom-square-footage standards (typically 70 sq ft for one occupant, plus 50 sq ft per additional occupant in the same room) and limits the number of occupants per dwelling based on total habitable area. The IFC restricts the maximum occupant load for assembly-type gatherings even at a single-family dwelling, particularly where assembly use is advertised. Arkansas Act 1023 of 2023 expressly preserves the city's authority to enforce health-and-safety-based occupancy standards at STRs, so a host advertising '20 guests' in a three-bedroom home will run afoul of IPMC limits even though Act 1023 prohibits Fort Smith from banning STRs outright. Hosts should compute the lawful occupancy using IPMC Section 404, post that number on the property and in the listing, and decline bookings that exceed it. Special-event-style gatherings at an STR (parties, weddings) may trigger separate permit and occupancy review.