HomeMy WebLinkAboutORDINANCES-1975-095-O-75J
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Revised per Planning
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& Development Memo
of 1/13/76
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1/22/76, 1/30,76
95-0-75
Adopted as amended,
2/2/76
AN ORDINANCE
Amending Chapter 10 of the Code of
the City of Evanston,
• ;i Adopting, by Reference, the B.O.C.A. Basic Building Code
with Certain Exceptions and
Amendments
WHEREAS, the City Council of the
City of Evanston, is desirous of .
adopting certain criteria for the issuance
of construction, reconstruction,
!alteration and installation permits published
by the Building Officials and
'Code Administrators International, Inc.
known as B.O.C.A. Basic Buildinq Code,
6th Edition 1975; and
WHEREAS, the City Council of the
City of Evanston has caused three copies
of such building code to be kept on file
in the office of the City Clerk for
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ipublic inspection for a period of fifteen (15) days prior to the adoption of
:;this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 10-10 of the Code of the City of Evanston,
1957, as amended be further amended to read as follows:
"10-10. Adoption of B.O.C.A. Basic Building Code - Exceptions and Additions.
a) Pursuant to the authority granted by Chapter 24, Section 1-2-4 of
the Illinois Revised Statutes and the powers granted home rule units
of government by the Constitution of the State of Illinois, the City
of Evanston hereby adopts by reference as criteria for the issuance
of construction, reconstruction, alteration and installation permits
the B.O.C.A. Basic Building Code, Sixth Edition, 1975, with the
following exceptions:
A. Deletions.
Section 108.0 to 108.7, inclusive.
Section 114.2.
Section 118.3 to 118.8, inclusive.
Section 119.0 to 119.4, inclusive.
Section 122.3.
Section 126.0 to 126.5.2, inclusive
Section 127.4.3.
The last sentence of Section 215.1 which reads, 'Fire -retardant
treated wood may be used as specified in table 214 and Section
903.6.3.
Section 301.0 to 301.3, inclusive.
Section 303.0 to 303.3, inclusive.
Section 304.0 to 304.2, inclusive.
Section 312.0 to 312.2, inclusive
Section 313.0 to 313.5, inclusive.
Section 424.0 to 4211.6.2, inclusive.
Section 1110.5.
Section 1400.0 to 1415.3, inclusive.
tioil •1/U0.0 to 1706.4.3, inclusive.
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B. Amendments.
I ) Section 303.1 shall read as follows:
303.1 Fences.
Fences not exceeding eight (8) feet in height from grade may
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be erected of frame (type 4) construction.
-2) Section 112.0 shall read as foll'OVIS:
112.0.. Riqht of Entry.
The Director of Inspections and Permits and his authorized
representatives are hereby authorized to make inspections of
all buildings, structures, and premises located within the
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City to determine their compliance -with the provisions of this
chapter. Tor the purpose of making such inspections, the
Director of Inspections and Permits and his authorized repre-
sentatives are hereby authorized to examine and survey all
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buildings, structures, and premises within the city. Such
inspections shall be made between the hours of '8:00 a.m. and
8:00 p.m. on any days except Sunday, subject to the following
standards and conditions,.-.
a) Such inspection may take place only if a complaint respecting
said premises has been received by the .Director of Inspections
and Permits and such complaint, in the opinion of said director,
provides reasonable grounds for belief that. a violation exists,
or such inspection is undertaken as part of a regular inspection
program whereby certain areas of the city are being inspected
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in their entirety by direction of the Director of Inspections'
and Permits, or the City Manager;
b) Such inspections shall be made by the Director of Inspections
and Permits or the City Manager or by any duly authorized
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representative upon direction of either of said officers;
C) Any person making such inspection shall furnish to the
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owner or occupant of the structure sought to be inspected,
sufficient identification and information to enable the owner
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or occupant to determine that he is a representative of the
City of Evanston, and to determine the purpose of said inspection.
The Director of Inspections and Permits or the City Manager
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or any duly authorized representative, upon the direction of
either of said officers, may apply to any court of competent
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Jurisdiction for a search warrant or other legal process for
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the purpose of securing entry to any premises if the owner
shall refuse to grant entry.
3) Section 127.1 shall read as follows:
127.1. Application for Appeal: The owner of.a building or
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structure or any other person may appeal from a decision of
the building official refusing to grant a modification to the
provisions of this code covering the manner of construction or ,
materials to be used in the erection, alteration or repair of
a building or structure to the board of appeals. Application
for appeal may be made when it is claimed that: the true
intent of this code or the rules legally adapted thereunder have
been incorrectly interpreted, the provisions of this code do not
fully apply, or an equally good or better form of construction .
can be used.
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It shall be incumbent upon the appellant to establish by
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a clear preponderance of the evidence that his proposal is
equivalent or superior to the adopted code requirement. The
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application for appeal must be in writing and include a statement
of the proposal, prepared by the appellant and approved as to
content and form by the Director of Inspections and Permits,
together with any and all documentation which would. aid the
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board in its deliberations.
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These materials shall be submitted to the secretary of
the board who shall transmit them to the nearest branch office
of the Building Officials and. Code ,Administrators Intern,ltional,
Inc. (B.O.C.A. ) for review in accordance with: the pruvisiun,>
of Section 121;.2 herein, "Special Technical �r.�rvic� s". A
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filing fee equivalent to the estimated cost of the B.O.C.A. Plan
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Review shall be submitted to tine board prior to initial consideration
by, tine board.
4) Section 127.2.1. shall read as follows:
127.2.1. Membership of board: The board of appeals shall consist
of seven (7) members appointed by the mayor with the advice and
consent of the City Council, two (2) members to be appointed for
five 5 ( )years, two (2) members for four (4) years, one (1) for
three (3) years, one (1) for two (2) years, and one (1) to serve
one (1) year; and thereafter each new member to serve for five (5)
years or until his successor has been appointed.
5) Section 127.2.3. shall read as'follows: j
127.2.3. Quorum: Five members shall constitute a quorum for trans-
action ofbusiness by the board.-
6) Section 127.4.1 shall read as follows:
127.4.1 Notice of meeting: The board shall meet upon notice of
the chairman within ten (10) days of tine receipt by the board of
notification of completion of tine Plan Review required.by Section
127.1 herein.
7) Section 127.5.1. shall read as follows:
Section 127..5.1. Action of the board: Tile board shall affirm,
modify or reverse the decision of the building official by a
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concurring vote of a majority of those present provided that a
quorum has been obtained.
8) Section 127.5.3. shall read as follows:
Section 127.5.3. Determini'riq vote: Failure to secure the concurring
votes of a majority of board members preserit where a quorum has
been obtained shall be deemed•a confirmation of the decision of
tine building official.
Additions, which shall read as follows:
128.3. Submission of Plans of Unusual Desiqn.
When tine building official has determined an applicants' plans
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are unusual in design, concept or indicates an inordinate magnitude i
of construction he may direct Such applicants to submit two (2)
complete sets of his plans to the Building Officials and Code i
Administrators International, Inc. 1313 East 60th Street, Chicago.,
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Illinois 60637, for their review and plan examination in conjunction
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to code requirements. All fees and costs related to the review
and plan examination shall be paid by.tile.applicant. Any subsequent
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or additional review or plan examination, due to revisions of said
plans, by the applicant or his agent shall also be paid for, by the
applicant. I
903.6.3. Approved Certified or Labeled treated material:
Tile building official may accept treated wood as meeting the
requirements of the basic code when tine wood bears a label or is
accompanied by a certificate signifying that adequate tests and
examinations Piave been made to insure that the wood has been treated
to meet the requirements of Section.904.0 of tine basic code. The
label or certificate to be accepted for the purpose of this section,`
shall have been applied for by an accredited authoritative agency
adequately equipped and competent to conduct the required tests and
to evaluate the results thereof.
1306.7. Alternative Precautions.
Whenever a building or structure is being demolished, erected
or altered and it is determined by the building official that
requiring a fence to enclose the site would not serve the public
interest, specifically those sites requiring protection of, and for
the public not exceeding two weeks, he then may require a watchman
to be employed, to protect tiie general public from all existing
hazards..
b) Any reference in the B.O.C.A. Code'to tine "Building official" shall
be read as meaning tine 'Director of Inspections and Permits of tine City
of Evanston.'
c) Any reference in said code to the 'municipality' shall mean tine City
of Evanston.
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d) Any permit issued by the Director of Inspections and Permits shall
become invalid if the authorized work is suspended or abandoned for a
;j period of six months after the time of commencing the.work, or not j
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commenced within six months after the issuance.of any permit.
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e) The penalty for any unlawful continuance of .a stop-work.order issued
by the Director of Inspections and Permits provided for under Sections
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123.1 to 123.2 of said Code shall be the penalty provided for under
Section 10-13 of the City Code.
f) 'Fire District No. 1' as referred to in said Code, shall be the area
housing highly congested business, commercial, manufacturing and indus-
trial uses, or in which such uses are developing. The limits of Fire
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District No. 1 in the city shall be the same as those provided for under
the official Zoning Ordinance and shall include all areas exclusive of
those -zoned Rl.through R7. 'Outside fire limits' as referred to in said
Code shall be all those areas not included in Fire District No. 1.
g) -The use of roofs for airplane storage and landing as referred to in
Section 414.2.4. of said Code, shall be subject to the approval of the -
Federal Aviation Administration and the City Council.
h) The depth of excavations. provided for under Sections 1307.2.1 and
1307.2.2 of said Code shall be seven feet.
i) All advisory or text notes, other than the rules and regulations
contained in the B.O.C.A. Basic Building Code, 1975 Edition, be and the
same are hereby expressly excluded from this ordinance.
j) In the event that any provision of the B.O.C.A. Basic Building Code,
1975 Edition, is in conflict with any provision of the Zoning Ordinance
or any provisions of any fire prevention ordinance or safety control
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i ordinance or any amendment thereto of the city, the latter shall prevail
and the conflicting provision of the B.O.C.A. Basic Building.Code.shall
be of no effect.
k) Permit Fees,
• Fees for permits for construction, reconstruction, alteration and
installation, as required by the Building Code and related codes shall
be those established from time to time by ordinance of the City Council
of the City of Evanston.
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1) That the reference in Appendix B, Accepted Engineering Practice
Standards, under Electrical Illumination, Electrical: Code -National
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shall be to NFiPA No. 70-1975."
SECTION 2: That Section 10-11 of the Code of the City of Evanston, 1957,
as amended, shall be further amended to read as follows:
"10-11. Application.
The regulations of the B.O.C.A. Basic Building Code of the City
shall apply to all matters concerning the erection, construction, ad-
dition, repair, removal, demolition, use, location, occupancy, and '
maintenance of all buildings and structures, and their service equipment
as herein defined, and shall apply to all existing or proposed buildings
and structures, and their service equipment as herein defined, and shall
apply to a.11 existing or proposed buildings and structures in the city."
SECTION 3: That Section 10-12 of the Code of the City of Evanston, 1957,
as amended, shall be further amended to read as follows:
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"10-12. Penalty for Violations.
Any person who shall violate any provision of the B.O.C.A. Basic
Building Code or who shall fail to comply with any of the requirements
thereof, or who shall erect, construct, alter or repair a building or
structure, in violation of any approved plan or direction of the
Director of Inspections and Permits or of any permit or certificate issued
under the provisions of the B.O.C.A. Basic Building Code, shall be
guilty of an offense, punishable by a fine of not less than twenty-five
dollars nor more than five hundred dollars in the case of a first offense,
and by a fine of not less than fifty dollars nor more than five hundred
dollars for each and every subsequent offense. Each day that.a violation 1
continues shall be deemed a separate offense."
SECTION 4: That Section 10-13 of the Code of the City of Evanston, 1957,
as amended, shall be further amended to read as follows:
"10-13. Severability
The intention of the City Council is hereby expressed that the
provisions of this ordinance and the provisions of the B.O.C.A. Basic
Building Code are severable and that the invalidity of any section hereof
and thereof or any portion of any such section shall not affect any other
section of the ordinance or of the B.O.C.A. Basic Building Code adopted
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by reference hereby."
SECTION 5: The following ordinances are hereby expressly saved from
' repeal:
a) Electrical Code of the City of Evanston, 1975, adopted May 12, 19759
as Ordinance 44-0-75;
b) Sign, Canopy and Awning Ordinance, adopted on August 31, 1970 as
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Ordinance 33-0-70;
c) Schedule of Permit Fees adopted March 1, 1975 as Ordinance 19-0-71.
`( SECTION 6: That all ordinances and parts of ordinances in conflict
herewith are hereby repealed and further that Ordinance
:.20-0-72 is hereby specifically repealed.
SECTION 7: This ordinance shall be in full force and effect from and
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! after its passage, approval and publication in the manner
;provided by law.
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Introduced January 26, 1975
Adopted February 2, 1976
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Approved February 2, 1976
/S/ Edgar vanneman, Jr.
Mayor
,;A -,;TEST:
/S/ Maurice F. Brown
City Clerk
Approved as to form: /S/ Jack M. Siegel
Corporation Counsel
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