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HomeMy WebLinkAboutORDINANCES-1972-020-O-720 20-0-72 AN ORDIMNCE Amending Article II 01Building Coded` Sections 10-10 to 10-13, inclusive, of the Code of the City of Evanstan, 1957, as amended, adopting the BOCA Basic Building Code, 1970 Edition. 131 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION la That Article II, Sections 10-10 to 10-13, inclusive, of the Code of the City of Evanston, 1957, as amended, be amended so that same shall hereafter be and read as follows: "Section 10-10 - Adoption BOCA Basic Building Code - • Exceptions and Additions. Pursuant to authority granted by the Illinois Revised Statutes, 1969, Section 1-2-4 of the Illinois Municipal Code, the City hereby adopts by reference as criteria for the issuance of construction, recon- struction, alteration, and installation permits the provisions of the BOCA Basic Building Code of the Building Officials and Code Administrators Interna- tional, Inc., 1970 Edition, and the 1971 Accumulative Supplement, Sections 100.1 to 2009.0 and appendices A to M, inclusive, but excepting therefrom Sections 107.0 to 107.9, inclusive; 108.0 to 108.7, inclusive; 114.2; 118.3 to 118.6, inclusive; 119.0 to 119.3, inclusive; 122.3; 126.0 to 126.52, inclusive; 127.0 to 127.6, inclusive; the last sentence of Section 215.0; 301.0 to 301.3, inclusive; 304.0 to 304.4, inclusive; 312.7 to 312.8, inclusive; 315.0 to 315.5, inclusive; 425.0 to 425.52, inclusive; 1104.0 to 1104.2, inclusive; 1400.0 to 1416.33, inclusive; 1700.0 to 1706.43, inclusive, and Section 1707.1, which excepted sections are not adopted by this ordinance, but are expressly excluded; provided that: n U • -2- 1. That Section 303.1 is hereby amended and shall hereafter read as follows: 303.1. Fences. - Fences not over eight (3) feet in height may be erected of frame (type 4) construction. 2. New Section 903.81 is hereby adopted and shall read as follows: 903.31. Approved Certified or Labeled Treated Material. - The building official shall accept treated wood as meeting the requirements of the Basic Code when the wood bears a label or is accompanied by a certificate, signifying that adequate tests and examinations have been made to insure that the wood has been treated to meet the requirements of Section 904.0 of the Basic Code. The label or certificate to be accepted for the purpose of this section, shall have been applied for an accredited authoritative agency adequately equipped and competent to conduct the required tests and to evaluate the re- sults thereof. 3. Any reference in the BOCA Code to the "Building Official" shall be read as meaning the "Director of Inspections and Permits of the City of Evanston," and 4. Any reference in said code to the "municipality" shall mean the "City of Evanston," and 5. Any permit issued by the Director of Inspections and Permits 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; and 6. The penalty for any unlawful continuance of a stop -work order issued by the Director of Inspections and Permits provided for under Sections 124.1 to 124.2 of said Code shall be the penalty provided for under Section 10-13 of this ordinance; and 7. 1PFire District No. 1`o as referred to in said Code, shall be the area housing highly congested business, commercial, manufacturing and industrial uses, or in which • 1 3 • -3- such uses are developing. The limits of Eire District No. 1 in the city shall be the same as those provided for under the official Zoning Ordinance and shall in- clude all areas exclusive of those zoned R1 through R7. "Outside fire limits" as referred to in said Code shall be all those areas not included in Eire District No. 1; and 8. The use of roofs for airplane storage and landing as referred to in Section 415.14 of said Code, shall be subject to the approval of the Civil Aeronautics Authority and the City Council, and 9. The depth of excavations provided for under Sections 1308.21 and 1308.22 of said Code shall be seven feet; and 10. All advisory or text notes, other than the rules and regulations contained in the BOCA Basic Building Code, 1970 Edition, be and the same are hereby expressly ex- cluded from this ordinance; and 40 11. In the event that any provision of the BOCA Basic Building Code, 1970 Edition, is in conflict with any pro- vision of the Zoning Ordinance or any provisions of any fire prevention ordinance or safety control ordinance or any amendment thereto of the city, the latter shall pre- vail and the conflicting provision of the BOCA Basic Building Code shall be of no effect. 12. That Section 112.0 is hereby amended and shall read as follows: Section 112.0. Right 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 City to determine their compliance with the provisions of this chapter. For the purpose of making such inspections, the Director of Inspections and Permits 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. on any days except Sunday, subject to the following standards • and conditions: 133 0 -4- 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 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 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. - The Director of Inspections and Permits or the City Manager or any duly authorized representative, upon the direction of either of said officers, may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry. 13. Permit Fees. Fees for permits for construction, reconstruc- tion, alteration and installation, as required by the Building Code and related codes, shall be those estab- lished from time to time by ordinance of the City Council of the City of Evanston. lea. That the reference in Appendix B, Accepted Engineering Practice Standards, under Electrical Illumination, Electrical Code -National shall be to NFiPA No. 70-1971 rather than NFiPA No. 70-1968. 134 • • Section 10-11 - Application - Copies Filed - Severability: The regulations of the BOCA Basic Building Code of the City shall apply to all matters concerning the erec- tion, construction, alteration, addition, repair, re- moval, demolition, use, location, occupancy, and mainten- ance of all buildings and structures, and their service equipment as herein defined, and shall apply to all ex- isting or proposed buildings and structures in the City. Three copies of the BOCA Basic Building Code, 1970 Edition, adopted by reference in Section 10-10 of this Code, shall be filed in the office of the City Clerk, and there kept available for public use, inspection, and examination, at least 15 days prior to the adoption thereof by this ordinance. The intention of the City Council is that the provisions of this ordinance are that the invalidity of any section hereof of any section hereof shall not affect any or portion of section of this ordinance. Section 10-12 - Saving from Repeal: hereby expressed severable and or any portion other section The following ordinances are hereby expressly saved from repeal: a) Plumbing Code of the City of Evanston, adopted by the City Council on September 7, 1971; b) Sign, Canopy and Awning Regulations, adopted by the City Council on August 31, 1970; c) Ordinance 19-0-71, establishing a schedule of permit fees, adopted March 1, 1971. Section 10-13 - Penalty for Violations: Any person who shall violate any provision of the BOCA 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 0 -6- 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 BOCA Basic Building Code, shall be guilty of a mis- demeanor, 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 continues shall be deemed a separate offense." SECTION 2: That Ordinance 66-0-66, heretofore adopted by the City Council July 18, 1966, and all other ordinances in conflict herewith are hereby expressly repealed, except those expressly saved from repeal. SECTION S: This ordinance shall be in full • force and effect from and after its passage, approval and publication in the manner provided by law. Introduced April 10 , 1972 Adopted April 17 1972 Approved A= Y; l ,, , 1972 Joan Webster Connor Mayor Pro Tem Attest: Maurice F. Brown City Clerk Approved as to form: Jack M. Siegel Corporation Counsel 0 136