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HomeMy WebLinkAboutORDINANCES-1984-075-O-8418/84 5/31/84 75-0-84 AN ORDINANCE • Adopting the B.O.C.A. Basic Building Code, Ninth Edition, 1984, by Reference and Amending Title 4, Chapter 2, Sections 1 and 3 WHEREAS, the City Council of the City of Evanston considers it in the public interest to adopt as its standard for the issuance of construction, reconstruction, alteration and installation permits the B.O.C.A. Basic Building Code, Ninth Edition, 1984; and WHEREAS, the City Council of the City of Evanston has caused three (3) copies of said 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; i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: • SECTION 1: That Title 4, Chapter 2, Section 1 and Section 3 of the :I Code of the City of Evanston, 1979, as amended, be further amended to read as follows: 4-2-1 ADOPTION OF B.O.C.A. BASIC BUILDING CODE: (A) Pursuant to the authority granted by Chapter 24, Section 1-2-4 of the Illinois Revised Statutes and pursuant to its home rule powers, the City of Evanston hereby adopts by reference as its standard for the issuance of construction, reconstruction, alteration and installation permits the B.O.C.A. Basic Building Code, Ninth Edition, 1984, with the exceptions and amendments below stated. All advisory or text notes, other than the rules and regulations contained in the B.O.C.A. Basic Building Code, Ninth Edition, 1984, be and the same are hereby expressly excluded from this ordinance. (B) Any reference in the B.O.C.A. Code to "Building Official" shall refer to the Director of Building and Zoning. Any reference to "municipality" shall mean the City of Evanston. (C) Amendments and exceptions to B.O.C.A.: The following sections of the B.O.C.A. Basic Building Code, Ninth Edition, 1984, are amended to read as follows: • 114.3.1 Fee Schedule: 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. ,/ 16/ cif{ 5/31/84 115.4 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 8:00 a.m. and 8:00 p.m. 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 representa- tive upon direction of either of said officers; c) Any person making such inspection shall furnish to the i owner or occupant of the structure sought to be inspected,! sufficient identification and information to enable the owner or occupant to determine that he is a representa- tive of the City of Evanston and to determine the purpose of said inspection. • 118.2 Unlawful Continuance: The penalty for any unlawful con- tinuance of a stop work order issued by the Building Official under Section 118.0 of said B.O.C.A. Basic Building Code shall be the penalty provided for under Section 4-2-3 of the City Code. c 123.3 Compensation of Board of Survey: The third member of the Board shall receive for services a fee as agreed upon by the Board.; The fee for the third member of the Board shall be paid by the appellant. ! 124.1 Application for Appeal: The owner of a building or structure or any other person may appeal from a decision of the Building Official refusing to grant a modification to the pro- visions 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 adopted thereunder have been incorrectly interpreted, the provisions of this code to not fully apply, or an equally good or better form of construction can be used. The appellant shall establish by a clear preponderance of the evidence that his proposal is equivalent or superior to the adopted code requirement. The 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 Building Official together with any and all documentation which would aid the board in its deliberations. 5/18/84 5/31/84 75-0-84 These materials shall be submitted to the Secretary of the Board who shall transmit them to the nearest branch of the Building Officials and Code Administrators, International, Inc. (B.O.C.A.) for review in accordance with the provisions of Section 112.1 "Action on Application": A filing fee shall be submitted to the • board prior to initial consideration by the Board; said fee to be established by the Building Official and which shall be equivalent to the estimated cost of the B.O.C.A. Plan Review. 124.2 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 to be appointed for four (4) years, one (1) for three (3) years, and one (1) for two (2) years, and one (1) to serve one (1) year; and thereafter each new member to serve five (5) years or until his successor has been appointed. 124.2.2 Quorum: Five (5) members shall constitute a quorum for transaction of business by the Board. 124.4 Notice of Meetin : The Board shall meet upon notice of the 4; Chairman within ten (10� days of the receipt by the Board of notification of those present provided that a quorum has met and (;- considered said appeal. 124.7.2 Determining the Vote: 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. 616.4 Locations: The location of private swimming pools and pool equipment shall be governed by Section 6-3-6-1 of the Zoning Ordinance. • 616.6 Water Supply: All swimming pools shall be provided only with the municipal water supply, free of cross connections with the pool or its equipment. 1906.1 Filing: A person shall not erect, install, remove, rehang, alter or maintain over public property any sign for which a permit is required under the provisions of this Code until the requirements of Title 4, Chapter 12, of the City Code are met. 2203.6.6 Annual Permit: In lieu of an individual permit for each alteration to an already approved plumbing installation, the Building Official may issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more licensed plumbers in the building structure or on the premises owned or operated by the applicant for the permit. (D) The use of roofs for airplace storage and landing as referred to in Section 609.2.4 of said Code, shall be subject to the approval of the Federal Aviation Administration and the City Council. (E) The depth of excavations provided for under.Section 1807.2.1 and 1807.2.2 of said Code shall be seven (7) feet. (F) In the event that any provision of the B.O.C.A. Basic Building Code, Ninth Edition, 1984, is in conflict with any provision of the Zoning Ordinance or any provisions of any fire prevention • ordinance or safety control ordinance or any amendment thereto, the most stringent shall control. 5/ 18/ 84 5/31/84 75-0-84 4-2-3 PENALTY FOR VIOLATIONS: Any person who shall violate any provision of the B.O.C.A. Basic Building Code as adopted, 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 by a fine of ; not less than fifty dollars ($50.00) nor more than five hundred ' dollars ($500.00). A separate offense shall be deemed committed for each day that a violation continues. j ; SECTION 2: It is the intention of the City Council that the i provisions of this ordinance and the Basic Building i Code are severable and that the invalidity of any section or part of any action of this ordinance and the Code hereby adopted shall not affect any other section or portion of this ordinance. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 4: All ordinances or parts of ordinances in.conflict herewith are hereby repealed. Introduced: l/ 1984 i Adopted: Z _3 1984 i Approved: Z % 1984 `-� Ma , I ATTEST: City Clerk i App-^ ved as to f Ai: • Corporation Counse r;