HomeMy WebLinkAboutORDINANCES-1981-104-O-81i
11/19/81
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AN ORDINANCE
Adopting the B.O.C.A. Basic Building
Code, Eighth Edition, 1981, 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, Eighth Edition, 1981; 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;
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 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, Eighth Edition, 1981 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,
Eighth Edition, 1981, be and the same are hereby expressly ex-
cluded from this ordinance.
(B) Any reference in the B.O.C.A. Code to "Building Official" shall
refer to the Director of Building & 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 Buulding Code, Eighth Edition, 1981, are
amended to read as follows:
114.3.1 Fee Schedule: Fees for permits for construction, re-
construction, 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.
115.4 Right of Entry: The Building Official and his authorized
respresentatives are hereby authorized to make inspections of all
buildings, structures, and premises located within the City to
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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 under-
taken 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 knowl-
edge 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 he is a representative
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.
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 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
adopted 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.
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.
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 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
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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, 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 Boardshall meet upon notice of the
Chairman within ten (101 days of the receipt by the board of noti-
fication of completion of the Plan Review required by Section 124.1
herein.
124.7 Action of the Board: The board shall affirm, modify or re-
verse the decision of the building official by a concurring vote of
majority of those present provided that a quorum has met and con-
sidered said appeal.
124.7.2 Determining 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.
501.2 Fire Limits: Fire limits in said Code, Section 501.2 shall
mean that area housing highly congested business, commercial, manu-
facturing and industrial uses, and the geographical limits of Fire
limits shall be the same as those provided for under the official
Zoning Ordinance and shall include all areas exclusive of those
zoned R1 through R7.
1906.1 Filincl: 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.
(D) The use of roofs for airplane storage and landing as referred to
in Section 614.2.4 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,
Eighth Edition, 1981, 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.
4-2-3 PENALTY FOR VIOLATIONS: Any person who shall violate any pro-
vision 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.
SECTION 2: It is the intention of the City Council that the pro-
visions of this ordinance and the Basic Building Code
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are severable and that the invalidity of any section or part of any section
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:107J-�, /( , 1981.
Adopted: 6eCi, 1981.
ATTEST:
City Clerk '
! Approve as to form:
Cor anon Counsel
Approved: •? 1981.
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