HomeMy WebLinkAboutORDINANCES-2005-005-O-05•
3/25/2005
5-0-05
AN ORDINANCE
Amending Title 4, Chapter 2 of the City Code,
the "Building Code",
by Deleting the Existing Text and
Adopting the 2003 International Building Code by Reference
with Certain Amendments
WHEREAS, the City Council of the City of Evanston considers it in
the public interest to adopt as its standard for building construction, alteration,
and installation permits the 20031nternational Building Code; and
WHEREAS, the City has caused three (3) copies of the aforesaid
0 Code to be kept on file in the office of the City Clerk for public inspection for a
period of more than thirty (30) days prior to the adoption of this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 4, Chapter 2 of the City Code of the City
of Evanston, 1979, as amended, be, and hereby is deleted in its entirety, and a
new Title 4, Chapter 2, "Building Code", substituting the following therefor to
read as follows:
4-2-1: ADOPTION OF THE 2003 INTERNATIONAL BUILDING CODE:
(A) Pursuant to the authority granted by Chapter 65, Section 5/1-2-4 of the
Illinois Compiled Statutes and pursuant to its home rule powers, the City of
Evanston hereby adopts by reference the 2003 International Building Code,
with the exceptions and amendments below stated. All advisory or text notes,
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other than the rules and regulations contained in the 2003 International Building •
Code adopted hereby are expressly excluded from this Chapter.
(B) Any reference in the 2003 International Building Code, to "Building
Official' shall refer to the Assistant Director of Community Development for the
Building Division. Any reference to "municipality" shall mean the City
of Evanston.
(C) Amendments, additions, exceptions: The 2003 International Building
Code adopted hereby shall read as follows with respect to these sections:
101.2: Scope: The provisions of this Code shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment, use and
occupancy, location, maintenance, removal and demolition of every building or
structure or any appurtenances connected or attached to such buildings or
structures.
Exceptions: Detached one- (1-) and two- (2-) family dwellings not more than
three stories above grade plane in height with a separate means of egress and
their accessory structures shall comply with the International Residential Code
adopted by the City.
101.4.1: Electrical: The provisions of the National Electric Code adopted by
the City shall apply to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and
appurtenances thereto.
101.4.4: Plumbing: The provisions of the International Plumbing Code
adopted by the City shall apply to the installation, alteration, repair and
replacement of plumbing systems, including equipment, appliances, fixtures,
fittings and appurtenances, and where connected to a water or sewage system
and all aspects of a medical gas system.
101.4.6: Fire prevention: The provisions of the 2003 NFPA Life Safety Code
101 adopted by the City shall apply to matters affecting or relating to structures,
processes, and premises from the hazard of fire and explosion arising from the
storage, handling, or use of structures, materials, or devices; from conditions
hazardous to life, property or public welfare in the occupancy of structures or
premises; and from the construction, extension, repair, alteration, or removal of
fire suppression and alarm systems or fire hazards in the structure or on the
premises from occupancy or operation.
101.4.7: Energy: Delete.
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• 103: DEPARTMENT OF COMMUNITY DEVELOPMENT:
103.1: Creation of enforcement agency: The Assistant Director, Community
Development, Building Division, shall be known as the "Building Official."
103.2: Appointment:
103.3: Deputies: The Building Official shall have the authority to appoint such
technical officers, inspectors, plan examiners and other employees as he or she
deems necessary to effectuate the purposes of this Code. Such employees
shall have powers as delegated by the Building Official. For the maintenance of
existing properties, see the International Property Maintenance Code adopted
by the City.
104.6: Right of entry: This section shall be deleted in its entirety from the
2003 International Building Code, adopted hereby, and the following Section
104.6 substituted therefor:
104.6: Right of entry: The Building Official and his authorized representatives
are hereby authorized to make inspections of all buildings, structures, and
premises located within the City to determine their compliance with the
provisions of this Chapter. For the purpose of making such inspections, the
• Building Official and his authorized representatives are hereby authorized to
examine and survey all buildings, structures, and premises within the City.
Such inspections shall be made between the hours of 7:30 a.m. and 8:00 p.m.,
unless circumstances dictate the need for earlier or later inspections, and any
days except Sunday, subject to the following standards and conditions:
a) Such inspections may take place only if: 1) a complaint
respecting said premises has been received by the Building Official and such
complaint, in the opinion of said Building Official, provides reasonable grounds
for belief that a violation exists, or 2) if such inspection is undertaken as part of
a regular inspection program whereby certain areas of the City are being
inspected in their entirety by direction of the Building Official or the City
Manager, or 3) if said official has other personal knowledge of conditions
providing reasonable grounds to believe that a violation exists;
b) Such inspections shall be made by the Building Official or
the City Manager or by any duly authorized representative upon direction of
either of said officers;
c) Any person making such inspection shall furnish to the
owner or occupant of the structure sought to be inspected, sufficient
identification and information to enable the owner or occupant to determine that
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he is a representative of the City of Evanston and to determine the purpose of •
said inspection.
105.2: Work exempt from permit: This section is omitted entirely. Contact
the Building Division of Community Development for information regarding work
exempt from permits.
105.7: Placement of permit: The building permit or a legible copy of the
building permit shall be kept on the site of operations, open to public inspection
during the entire time of prosecution of the work and until the completion of the
same. Said permit must be posted within forty-eight (48) hours of permit
issuance, must remain posted until a certificate of occupancy is issued or the
permit expires, and must be visible from the public way. Failure to post and
maintain the permit as required by this section may result in revocation of the
building permit and forfeiture of all permit fees.
105.8: Hours of work permitted for the construction, repair, and
demolition of buildings: The creation (including excavation), demolition,
alteration or repair of any building within the City, other than between the hours
of seven o'clock (7:00) a.m. and nine o'clock (9:00) p.m. on weekdays, and
eight o'clock (8:00) a.m. and five o'clock (5:00) p.m. on Saturdays, except in
case of urgent necessity in the interest of public health and safety, and then
only with a permit from the City Manager or his or her designee, or the Director •
of Community Development or his or her designee, which permit may be
granted while the emergency continues. If the City Manager, his or her
designee, or the Director of Community Development, or his or her designee,
should determine that the public health and safety will not be impaired by the
erection, demolition, alteration, or repair of any building, or the excavation of
streets and highways between the hours of nine o'clock (9:00) p.m. and seven
o'clock (7:00) a.m. on weekdays, and before eight o'clock (8:00) a.m. and after
five o'clock (5:00) p.m. on Saturdays, and if it shall further be determined that
loss or inconvenience would result to any party in interest, said official may
grant permission for such work to be done between the hours of nine o'clock
(9:00) p.m. and seven o'clock (7:00) . a.m. on weekdays, and before eight
o'clock (8:00) a.m. and after five o'clock (5:00) p.m. on Saturdays upon request.
Sandblasting, jackhammering, or similar noise -producing activities are
prohibited between six o'clock (6:00) p.m. and seven o'clock (7:00) a.m.
weekdays, between six o'clock (6:00) p.m. Friday and eight o'clock (8:00) a.m.
Saturday, and between five o'clock (5:00) p.m. Saturday and seven o'clock
(7:00) a.m. Monday unless special permission is granted by the City Manager
or his or her designee. In addition, any other construction noise which exceeds
a decibel level of eighty (80) (measured from the property line from which the
noise is emanating) is prohibited between six o'clock (6:00) p.m. and seven
o'clock (7:00) a.m. weekdays, between six o'clock (6:00) p.m. Friday and eight
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• o'clock (8:00) a.m. Saturday, and between five o'clock (5:00) p.m. Saturday and
seven o'clock (7:00) a.m. Monday unless special permission is granted by the
City Manager or his or her designee. (Ord. 20-0-92).
106.1: Information on construction documents: Construction documents
shall be dimensioned and drawn upon suitable material. Electronic media
documents are permitted to be submitted when approved by the Building
Official. Construction documents shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail that it will
conform to the provisions of this code and relevant laws, ordinances, rules, and
regulations, as determined by the Building Official. All floor plans, including
mechanical, electrical, plumbing and fire protection plans, shall indicate all
required Fire Ratings and where they occur by graphic means with a
legend or key.
110: DIGITAL SUBMISSION OF CONSTRUCTION DOCUMENTS PRIOR TO
ISSUE OF CERTIFICATE OF OCCUPANCY:
1) In addition to the requirement of filing hard -copy construction
documents, submission of a series of construction/design documents in a
computer digital format is required as part of the permitting process prior to the
issuance of any Final Certificates of Occupancy pursuant to the guidelines
• stated immediately below if one or more of the following applies:
•
a) The valuation of the construction project is, in its entirety,
greater than $500,000.00 (five hundred thousand and no/100 dollars).
b) When the Director of Community Development, or his or
her designee, determines that there are significant changes to the physical
characteristics of the property or the structures on or around that property to
warrant the submission of electronic documents.
2) Digital data shall be submitted according to the following
guidelines:
a) The digital data submission shall contain the following three
(3) document types:
i) Site plan: A plan view, drawn to scale, depicting the
project's location and showing at a minimum: property lines, building footprints,
building elevation changes, sidewalks, driveways, proximate reference points
identifiable within the City, and any fire lanes.
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ii) Floor plan: Exterior plan view for each floor, drawn •
to scale, showing at a minimum: interior walls, exterior walls, doors, and any
stairs and elevators.
iii) Elevation views: Exterior profile view, drawn to
scale, showing at a minimum: height of building sections, main entrance,
and roofline.
b) Data shall be submitted via Compact Disk, 3-'/2" floppy disk,
FTP, E-mail or any other media deemed permissible by the Director of
Community Development or his or her designee.
c) All digital submissions shall be in a format approved by the
City's Geographical Information Systems Division.
d) The data must be a proportionally accurate representation
of the construction project, sufficient to fully explain and reproduce the project,
with the defined scale clearly represented.
e) The permit applicant shall resubmit newly updated
information pursuant to the above requirements whenever the applicant or his
agent makes corrections or updates to the originally submitted information
requiring the resubmission of printer -paper documents. is
3) Upon request by the person required to submit information in a
digital format, or if that party is unwilling or unable to .digitally submit
information, the City's Geographical Information Systems Division will digitally
convert paper -based submitted documents. The fee for digital conversion shall
be $100.00 (one hundred and no/100 dollars) for each submitted page equal to
or smaller than ledger -sized (11" by 17") paper -of and $200.00 (two �(
hundred and no/100 dollars) for each submitted page exceeding ledger -sized
(11" by 17") paper.
4) Any person who fails to comply with all requirements of this
Section shall be subject to denial or revocation of any Temporary or Final
Certificates of Occupancy pertaining to the project for which the violation has
occurred. Denial or revocation of any Temporary or Final Certificates of
Occupancy shall not preclude the City from seeking fines, costs, and other relief
against the violator by filing a complaint or citation with the Circuit Court or
Division of Administrative Hearings.
112: MEANS OF APPEAL: This section shall be deleted in its entirety from
the 2003 International Building Code, adopted hereby, and these Sections •
substituted therefor:
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• 112.1: Application for appeal: Any person ("the Petitioner") affected by a
decision of the Code Official or a notice, or order issued under this Code shall
have the right to appeal to the City's Property Services Board, Title 4,
Chapter 18 of the City Code, provided that a written application for appeal is
filed within fifteen (15) days after the day of the decision, notice, or order was
served. For purposes of this Section, a decision, notice, or order is "served"
upon delivery, in the case of personal delivery, and, in the case of mailing, five
(5) days after deposit in the U.S. Mail with first-class postage prepaid. The
Code Official shall transmit the appeal to the Property Services Board within
three (3) business days of its filing. A person is "affected" for the purposes of
an appeal pursuant to this Section when the person has a material or definitive
interest in the decision, notice, or order of the Code Official. An application for
appeal shall be based on a claim that the true intent of this Code, or the rules
legally adopted thereunder, have been incorrectly interpreted, the provisions of
this Code do not fully apply, or the requirements of this Code are adequately
satisfied by other means.
The application for appeal must be in writing and include a statement of the
proposal, together with any and all documentation which would aid the Board in
its'deliberations.
• 112.2: Appeal Form: The appeal shall be filed at the Permit Desk of the
Community Development Department on a form ("the Appeal Form") provided
for -:that purpose by the Code Official and made available to the public.
112.3: Notice of Property Services Board Meeting: The Property Services
Board shall convene upon notice of the Chair, within fifteen (15) days of the
filing of an appeal. The Building Official shall give written notice of the meeting
date, time, and location in the Civic Center to the Petitioner.
112.4: Hearing Procedure: Hearings shall be conducted in accordance with
written procedures on file with the Permit Desk in the Community
Development Department.
112.5: Hearing Notice: Notice shall be given of the time, place, and purpose
of the public hearing by posting on the premises which is the subject of the
hearing a notification sign which meets the requirements set forth in the hearing
procedures. The sign shall be posted not less than three (3) days before the
hearing to which it refers.
112.6: Board decisions: Board decisions shall be in writing and issued within
• two (2) business days after the close of the hearing. In reaching its decision,
the Board may consider whether the decision, notice, or order appealed from
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was based upon a correct interpretation of this Code, on the rules legally •
adopted thereunder, whether the provisions of the Code do not fully apply, or
whether the requirements of this Code are adequately satisfied by other means.
The Petitioner shall establish by a clear preponderance of the evidence that his
proposal is equivalent or superior to the adopted Code requirement. The
decision shall state that the decision is a final administrative decision which
may be appealed to the Circuit Court under the Administrative Review Law,
735 ILCS 5/3-101, et seg., within thirty-five (35) days of delivery of the decision.
Failure to secure the concurring votes of a majority of Board members present
where a quorum has been obtained shall be deemed a confirmation of the
decision of the Building Official.
112.7: Effect of Appeal: The appeal shall stay the decision, notice, or order
appealed from, unless the Building Official certifies to the Property Services
Board after the appeal has been filed that a stay would in the Code Official's
opinion cause imminent peril to life or property. In such case, the suspension
or revocation shall not be stayed unless a restraining order is issued by a
court of competent jurisdiction, and then only if due cause can be
conclusively shown.
403.15 Response cart: In any high-rise structure or structure where the
layout of the buildings makes it difficult to mobilize equipment close to the
interior of the structure, a Response Cart is required by the Fire Official. The •
cart includes, but is not limited to, the following equipment:
■ Extra Deep Shelf Cart on wheels
■ 100 feet of 1 1/" hose with National Standard Threads
lightweight rocker lugs
■ 100 feet of 2-'/2" hose with National Standard Threads
lightweight rocker lugs
■ Nozzle as specified by Fire Department
■ Nozzle tip as specified by Fire Department
■ Wye appliance
■ Female to male reducer adapter
■ 2 Spanners
■ 30" Haligan Bar
■ 8 lb. Pick -Head Axe
■ Sledge Hammer
406.0: Carbon monoxide detector: A house -current carbon monoxide
detector is required within fifteen feet (15') of sleeping areas of single-family
and multi -family homes with attached garages. In new home construction with
attached garages, the detector is to be hard -wired. 0
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• 901.2.1: Emergency key box: Delete.
901.2.2: Contents and key box: Delete.
901.3: Modifications: No person shall remove or modify any fire protection
system installed or maintained under the provisions of this Code or the
20031nternational Building Code without approval by the Fire Official.
903.3.3.1: Movable file or storage shelving units: Movable shelving storage
units present a unique problem for sprinkler systems in that the units hold a
large fire load and compress to a point where sprinkler water penetration is
difficult at best. In order to address these installations, any movable file/storage
system must comply with the following sprinkler requirements:
1) Storage height cannot exceed twelve feet (12') and must have a
clearance of eighteen inches (18") from the sprinkler deflector.
2) Two levels of sprinkler protection are required:
a) Horizontal sidewall sprinklers with a density of
.75 gpm/sq. ft. over a minimum of five (5) sprinklers operating.
• b) Pendent sprinkler spaced at one hundred square feet
(100 sq. ft.) maximum with a density of .32 gpm/sq. ft. the most remote fifteen
hundred square feet (1,500 sq. ft.) of operation.
•
Sprinklers shall be of the quick -response type. If pendant sprinkler protection
can be spaced over the movable file cabinets, a minimum of .55 gpm/sq. ft.
over the most remote fifteen hundred square feet (1,500 sq. ft.) of operation is
required. The top of the units must be opened to allow for water penetration.
903.3.7: Fire department connections: The location of Fire Department
connections shall be approved by the Fire Official.
903.3.7.1: Access to Fire Department Connections: Any Fire Department
connection that is located behind any landscaping or vegetation shall have a
concrete path from the sidewalk or closest public way to the connection for Fire
Department access.
903.3.7.2: Number of Fire Department Connections: The Fire Official will
determine the number of Fire Department connections required for the building.
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903.3.7.3: Type of Fire Department Connections: The type of Fire •
Department connection must be approved by the Fire Official. No single two
and one-half inch (2-Y2") Fire Department connection is permitted.
903.4.3: Floor control valves: Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all high-
rise -buildings. Control valves shall also be required for each individual unit
(commercial, residential, or business) where the units share a common water
supply and have individual entrances.
903.3.1.2.2: Chlorinated polyvinyl chloride (CPVC) piping: Whenever
CPVC piping is used for sprinkler systems conforming to the requirements of
NFPA 13, the following conditions shall also apply:
1) Steel pipe shall be used for Fire Department connections and
all risers.
2) In areas where it is determined by the Fire Official that the CPVC
piping may be subject to damage, steel piping shall be required.
903.3.1: Standards: Sprinkler systems shall be designed and installed in
accordance with Section 903.3.1.1, Section 903.3.1.2, or.Section 903.3.1.3. In
the design of all systems, provide a minimum of 10 psi safety factor in the fire •
protection system hydraulic .calculation. The system . demand shall be 10 psi
below the seasonal low-water test supply.
903.3.7: Fire Department connections: The location of Fire Department
connections shall be approved by the Fire Official. Provide a white strobe light
above the Fire Department connection(s) to flash upon activation of the fire
alarm system. The device(s) shall be mounted at a height that is visible from
the street.
Exception: Existing systems, unless the system is altered, modified,
or upgraded.
905.2: Installation standards: Standpipe systems shall be installed in
accordance with this Section and NFPA 14. A one and one-half inch (1-'/z")
reducer with a cap connected to a chain shall be required at each
hose connection.
909.2.1: Duct detectors reset: Resets for duct detectors shall be located at
the main fire alarm panel and labeled as to their location. A floor plan
identifying the duct detectors shall be laminated near the fire alarm panel.
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. 911.1: Features: Where required by other sections of this code, a Fire
Command Center for Fire Department operations shall be provided. The
location and accessibility of the Fire Command Center shall be separated from
the remainder of the building by not less than a one- (1-) hour -fire -resistance -
rated fire barrier. The room shall be a minimum of ninety-six square feet
(96 sq. ft.) (9 m 2 mm) with a minimum dimension of eight feet (8') (2,438 mm).
A layout of the Fire Command Center and all features required by the section to
be contained therein shall be submitted for approval prior to installation. All
Fire Command Centers shall comply with NFPA 72, and shall be equipped with
a five- (5-) button combination keypad for entry into the room or other entry
device as approved by the Fire Official.
1007.6.1.1: Area of refuge: The floor of the area of refuge shall be designed
with striping or other such means and labeled with the International Symbol of
Access, such that this area is reserved at all times for the intended purpose.
1023.1: General: Exits shall discharge directly to the exterior of the building.
The exit discharge shall be at grade or shall provide direct access to grade.
The exit discharge shall not reenter a building. The exit discharge shall include
a paved surface connecting the exit to a public way. The width and slope shall
conform to all requirements of the Illinois Accessibility Code. The exit
discharge shall be illuminated at the exterior.
• Table 1607.1: Minimum uniformly distributed live loads and minimum
concentrated live loads:
Occupancy or use Uniform (psf) Concentrated (lbs.)
Balconies and porches (exterior) 100 ---
On one- and two- family residences 60 ---
only, and not exceeding 100
square feet.
3105.1: General: Awnings or canopies shall comply with the requirements of
this Section and other applicable Sections of this Code. No person shall erect,
install, remove, re -hang, alter, or maintain over public property any awning or
canopy for which a permit is required under the provisions of this Code until the
requirements of the Sign Regulations Ordinance, Title 4, Chapter 12 of the City
Code, are met.
3106.1: General: Marquees shall comply with this Section and other
applicable Sections of this Code. No person shall erect, install, remove, re -
hang, alter, or maintain over public property any marquee for which a permit is
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required under the provisions of this Code until the requirements of Title 4, •
Chapter 12 of the City Code, are met.
3107.1: General: Signs shall be designed, constructed, and maintained in
accordance with this Code. No person shall erect, install, remove, re -hang,
alter, or maintain over public property any sign for which a permit is required
under the provisions of this Code until the requirements of the Sign Regulations
Ordinance, Title 4, Chapter 12 of the City Code, are met.
3201.5: Building deterioration: In the event that a piece or part of an existing
building dislodges and falls onto the public way evidencing movement of
building components that comprise imminent danger, the following shall
be required:
1) Within forty-eight (48) hours of a written notice of the imminent
danger or failed condition by the City of Evanston, the property owner(s) shall
install illuminated sidewalk and/or street protection as required by the City of
Evanston. If this is not completed in accordance with all City Codes, the City
may install such protection at the expense of the property owner(s).
2) Within thirty (30) days of such notice, the property owner shall
submit to the City a written report of the conditions by a State of Illinois licensed
engineer. If this. requirement is not fulfilled in accordance with all City Codes, •
the violator is subject to a fine.of a minimum of $75.00 (seventy-five and no/100
dollars) for each day until the report is submitted.
3) Within sixty (60) days of such notice, the property owner shall
obtain permits for all required repairs. If this requirement is not fulfilled in
accordance with all City Codes, the violator is subject to a fine of a minimum of
$75.00 (seventy-five and no/100 dollars) per day until the report is submitted.
4) Within one hundred eighty (180) days of such notice, all work
associated with the repair of the deterioration must be completed and
inspected. If the requirement of completion is not fulfilled in accordance with all
City Codes, the violator is subject to a fine of a minimum of $75.00 (seventy-five
and no/100 dollars) per day until the work is completed, as verified by a
City inspector.
3301.2: Storage and placement: Construction equipment and materials shall
be stored and placed so as not to endanger the public, the workers or adjoining
property for the duration of the construction project. In no case, shall
construction equipment or materials be kept or stored on any public way
or property. •
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• Table 3306.1: Protection of pedestrians:
Height of Distance from construction to lot line Type of protection required
Construction
8 feet or Less than 5 feet Construction railings
less
5 feet or more Construction railings
Less than 5 feet Barrier and covered walkway
5 feet or more, but not more Barrier and covered walkway
than one-fourth the height of
construction
More than 5 feet or more, but between Barrier
8 feet one-fourth and one-half the
height of construction
5 feet or more, but exceeding 8-foot high chain link fence,
one-half of the height of firmly anchored into the ground.
f construction
CHAPTER 34: EXISTING STRUCTURES: This entire Chapter is deleted.
(D) In the event that any provision of the 2003 International Building Code
adopted hereby is in conflict with any provision of the Zoning Ordinance or any
provision of any City fire prevention ordinance or safety control ordinance or
any amendment thereto, the most stringent shall control.
(E) Wrecking, demolishing, or razing of buildings:
1) Written notice stating the date on which work is to begin shall be
given to the Director of Community Development and to owners/occupants of
adjoining property at least forty-eight (48) hours before beginning the wrecking,
demolishing, or razing of any building or other structure.
2) On completion of demolition, the site shall be filled where
necessary with clean soil, cinders, or other inorganic material and graded to the
level of sidewalks, alleys, or adjoining property with allowance for settlement.
3) Debris caused from the demolition of a building or structure in
• excess of that required to fill openings shall be removed from the site as
wrecking progresses. Salvaged material, if left on the premises, shall be neatly
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stored. Debris shall be kept from adjacent properties and public ways at •
all times.
4) During the erection, alteration, or demolition of any building, any
temporary structure erected adjacent to or on any public way, used as
temporary storage for debris and wreckage, shall be outfitted with reflective
orange material outlining every top and bottom corner of said temporary
structure, which reflective material will be visible when struck by headlight
beams three hundred feet (300') away at night. Said markings shall be
approved by the City Engineer.
4-2-2: BUILDING CONTRACTORS:
(A) Definition: The term "building contractor" means any person, individual,
company, or corporation engaged in the business of constructing, enlarging,
altering, removing, or remodeling any structure by furnishing of labor, material,
and methods necessary to accomplish a given result, and who retains for
himself the control of the means, method, and manner of accomplishing this
desired result. The term "building contractor" shall not be construed to include
any person, individual, company, or corporation currently licensed as a
plumbing contractor, electrical contractor, or heating, air-conditioning or
refrigeration contractor.
(B) License required: No person shall engage in the business of building •
contractor within the City without first having secured a license in the manner
provided herein.
(C) Application for license: Application for license shall be made to the
Community Development Department. All licenses shall be subject to the
provisions of this Code, other ordinances of the City and the statutes of the
State of Illinois.
(D) License fee: The amount of the annual license fee for persons engaged
in the business of building contractor shall be established from time to time by
action of the City Council.
(E) Examination required: No person shall receive such a license until he
or she has passed a standardized examination administered and designed by
the Building Division of the Department of Community Development. Said
examination shall be for the purpose of determining that all licensees are
knowledgeable in the business of building, contracting, and life safety
components of the Building Code.
•
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• (F) Suspension or revocation of license:
(1) If any person shall violate any of the provisions of the Chapter or
the code adopted hereby, he shall be liable to be prosecuted against for any
fine or penalty imposed thereto and his license may be suspended or revoked
by the City Manager.
(2) No such license shall be so revoked or suspended except after a
hearing by the City Manager or his or her designee with a three- (3)- business
day notice to the licensee affording the licensee an opportunity to appear and
defend. The notice shall specify the reason for the contemplated suspension or
revocation and shall give the date, time, and room number in the Civic Center
of the hearing. Notice shall be sufficient if sent to the address stated on the
licensee's application.
(3) If the Building Official certifies to the City Manager that he has
reason to believe that immediate suspension of the license is necessary to
prevent the threat of immediate harm to the community, the City Manager may,
upon the issuance of a written order stating the reason for such conclusion and
without notice or hearing, order the license suspended for not more than seven
(7)` days. The City Manager may extend the suspension during the pendency of
• a 'hearing upon a written determination that doing so is necessary to prevent the
aforesaid harm to the community.
N. (4) Hearings shall be conducted in accordance with procedures on file
with the City Clerk.
(5) The City Manager shall issue his or her decision within three (3)
business days after the close of the hearing. In reaching a decision, the City
Manager may consider any of the following:
(a) The nature of the violation.
(b) The nature and extent of the harm caused by the licensee's
action or failure to act.
the violation.
•
(c) The factual situation and circumstances surrounding
(e) Whether or not the action or failure to act was willful.
(f) The record of the licensee with respect to violations.
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(6) The City Manager may suspend a license for a period of up to •
ninety (90) days. A licensee whose license has been revoked shall not be
eligible to re -apply for a license until the expiration of one (1) year after the
effective date of the revocation.
4-2-3: PENALTY FOR VIOLATIONS:
Any person found to have violated any provision of the 2003 Intemational
Building Code as adopted by the city, 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 building official or
of any permit or certificate issued by the building official or his designee, shall
be guilty of an offense, punishable as follows:
(A) 1) The fine for a first violation is $75.00 (seventy-five and
no/100 dollars).
2) The fine for a second violation is $200.00 (two hundred and
no/100 dollars).
3) The fine for a third or subsequent violation is $375.00 (three
hundred seventy-five and no/100 dollars).
(B) Each day a provision of this chapter is found to have been violated •
constitutes a separate violation subject to the fine schedule set forth in
subsection (A) of this section.
(C) The fines provided for herein shall not be construed as limiting the power
of a court of competent jurisdiction or an administrative hearing officer to
impose other penalties and remedies as provided for by applicable legislation.
(Ord. 127-0-00).
4-2-4: SEVERABILITY: It is the intention of the City Council that the
provisions of this Chapter and the Code adopted hereby are severable and the
invalidity of any Section or any portion of any such Section of either of them
shall not affect any other Section.
SECTION 3: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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SECTION 4: That this Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner provided
by law.
Introduced: Z , 2005
1.
Adopted: Z s , 2005
Attest:
Mary P. or ity Clerk
• Approved as to form:
pp �
life Corporation Counsel
9
Ap oved: �- , 2005
orraine H. Morton, Mayor
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