HomeMy WebLinkAboutORDINANCES-1979-081-O-79•
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i AN ORDINANCE
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I Adopting, by Reference, the B.O.C.A. Basic
Building Code, Seventh Edition, 1978, and
amending Article II Sections 10-10 to 10-13
inclusive.
WHEREAS, The City Council of the City of Evanston considers it the
�I public interest to adopt as its standard for the issuance of construction,
!1 reconstruction, alteration and installation permits the B.O.C.A. Basic
Building Code, Seventh Edition, 1978; and
i WHEREAS, the City Council of the City of Evanston has caused 50
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Icopies of said code to be kept on file in the office of the City Clerk for
public inspection for a period of more than 30 days prior to -the adoption of
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this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Article II Chapter 10 of the Code of the,City of
Evanston, 1957, as amended be further amended to
read as follows:
ARTICLE II BUILDING CODE
10-10 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, Seventh Edition, 1978 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, 1978 Edition. be and the same are hereby
expressly excluded form this ordinance.
b) Any reference in the~-B:O.C.A. Code to "Building Official" shall
refer to the Director of Inspections & Permits. Any
reference to "municipality" shall mean the City of Evanston.
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c) Amendments
The following sections of the B.O.C.A. Basic Building Code,
Seventh Edition, 1978, are amended to read as follows:
111 Right of Entry: The Building Official and his
authorized representatives are hereby authorized to make
inspections of all buildings, structures, and .remises 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 inspection 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 ground 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.
126.1 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 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.
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 127.0 herein, "Special Construction Control." 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.
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126.2.1 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 to be
appointed for four (4) years, one (1) for three (3) 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.
126.6.3 Quorum: Five members shall constitute a quorum for
transaction of business by the board.
126.4.1 Notice of meeting: The board shall meet upon notice
of the Chairman within ten (10) days of the receipt by the
board of notification of completion of the Plan Review
required by Section 127.1 herein.
126.5.1 Action of the board: The board shall affirm, modify
or reverse the decision of the building official by a
concurring vote of majority of those present provided that
a quorum has met and considered said appeal.
126.5.3 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.
d) Any permit issued by the Building Official shall become
invalid if the authorized work is suspended or abandoned
for a period of six months after the time of commencing
the work, or not commenced within six months after the
issuance of any permit.
e) The penalty for any unlawful continuance of a stop work
order issued by the Building Official under Sections 122.1
to 122.2 of said B.O.C.A. Basic Building Code shall be
the penalty provided for under Section 10.13 of the
City Code.
f) "Fire District No. 1" in said Code shall mean that area
housing highly congested business, commercial, manufacturing.
and industrial uses, and the geographical limits of
! Fire District No. 1 shall be the same as those provided
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for under the official Zoning Ordinance and shall include
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I� all areas exclusive of those zoned R1 through R7.
li 'Outside fire limits' as referred to in said Code shall be
li 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
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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.
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! i) In
the event
that any
provision
of
the B.O.C.A. Basic
Building Code, Seventh Edition, 1978, is in conflict with
any provision of the Zoning Ordinance or any provisions
I of any fire prevention ordinance or safety control
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.
1' i ) 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.
i' Q That the reference in Appendix B, Accepted Engineering
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• Practice Standards, under Electrical Illumination,
Electrical Code National shall be to NFIPA No. 70-1975.
SECTION 2: That Chapter 10 Article II of the Code of the
City of Evanston, 1957, as amended, shall be
further amended to read as follows:
! Section 10.11 Application.
rj The B.O.C.A. Basic Building Code shall apply to all matters
concerning the erection, construction, addition, 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 in the city.
i' Section 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 Building Official or of any permit or
�II certificate issued by the Building Official or his designee
I; shall be guilty of an offense, punishable by a fine of not
• �� less than twenty-five dollars nor more than five hundred
dollars. Each day that a violation continues shall be
�i deemed a separate offense.
i Section 10.13 Severability. The intention of the City Council
I' is hereby expressed that the provisions of this ordinance and
the provisions of the B.O.C.A. Basic Building Code that
I it incorporates, are severable and that the invalidity of any
section or any portion of any such section of either of
them shall not affect any other section.
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SECTION 3: The following ordinances are hereby expressly
saved from repeal:
a) Electrical Code of the City of Evanston,
1975, adopted May 12, 1975, as Ordinance
44-0-75;
b) Sign, Canopy and Awning Ordinance, adopted
on August 31, 1970 as Ordinance 33-0-70;
c) Schedule of Permit Fees adopted March 1, 1975
as Ordinance 19-0-71.
SECTION 4: That all ordinances and parts of ordinances in
conflict herewith are hereby repealed and further
that Ordinance 95-0-75 is hereby specifically repealed.
SECTION 5: This ordinance shall be in full force and effect from
and after its passage, approval and publication in
the manner provided by law.
Introduced: /�ru-E�ry /% ,1979
Adopted: ,1979
Approved 7
ATTEST:
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City Clerk A
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f; Approved as to form: /,
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!� oration Counsel
yor
,1979