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HomeMy WebLinkAboutg - April 8, 2009 CC196 APRIL 8, 2009 VOLUME LXXIV COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on April 8, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember Juan Figueroa. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE MARCH 18, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the March 18, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS Elgin Police Department Life Saving Award Presentation The Elgin Police Department Lifesaving Award was presented to Officer Eric Echevaria by a member of the awards committee, Robin Harkinson. Officer Echevria attended to a gentleman who had collapsed due to a possible heart condition. Miss Hispanidad Scholarship Award Presentation The Miss Hispanidad Scholarship Award was presented to this year‟s recipient. A committee spokesperson thanked the city and Comcast for their support. Mayor Schock also thanked Comcast for their continued support. National Public Safety Telecommunicators Week Proclamation A proclamation was read by Mayor Schock recognizing National Public Safety Telecommunicators Week. Telecommunicators from the Elgin Police Department were on hand to accept the proclamation. VOLUME LXXIV APRIL 8, 2009 197 RECOGNIZE PERSONS PRESENT Eric Meredith expressed his concerns about the odd/even parking trials. He does not want to have this ban in effect during the summer months. Tom Conroe issued an invitation to everyone in the community to attend the Unity Fest event to be held July 11, 2009. BID 09-008 AWARDED TO PA STAFFING AND SKYLINE STAFFING TO PROVIDE TEMPORARY SERVICES TO VARIOUS DEPARTMENTS Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to approve a contract with PA Staffing and Skyline Staffing to provide temporary services to various City departments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 09-009 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF FIRE RESCUE EQUIPMENT FOR THE NEW FIRE ENGINES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the contracts for the purchase of firefighting equipment for the new fire engines for a total amount of $224,734.19 from the suppliers listed below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Air One, Inc. $58,362.75 Alexis Fire Equipment $53,469.44 Environmental Safety Group, Inc. $30,852.00 Equipment Management Company $82,050.00 $224,734.19 BID 09-012 AWARDED TO JLJ CONTRACTING INC. FOR REPAIRS TO THE SYMPHONY AVENUE PARKING DECK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve a contract with JLJ Contracting Inc. in the amount of $26,555 for repairs to the Symphony Avenue Parking Deck. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. APRIL 8, 2009 VOLUME LXXIV 198 BID 09-014 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF FIRE HOSE FOR THE NEW FIRE ENGINES Councilmember Steffen made a motion, seconded by Councilmember Walters, to approve the contracts for the purchase of firefighting hose for the new fire engines for a total amount of $50,693.30 from the suppliers listed below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Alexis Fire Equipment $22,829.30 Municipal Emergency Services $27,864.00 $50,693.30 BID 09-017 AWARDED TO OZINGA READY MIX CONCRETE, INC. FOR THE PURCHASE OF THE PUBLIC WORKS DEPARTMENT’S ANNUAL SUPPLY OF READY-MIX PORTLAND CEMENT CONCRETE Councilmember Walters made a motion, seconded by Councilmember Kaptain, to purchase Portland Cement Concrete from Ozinga Ready Mix Concrete, Inc. for $94 per cubic yard and Mayer Material for $98 per cubic yard. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mayor Schock declared the public hearing open. Community Development Director Deering stated six projects have been selected. He noted that the thirty day review period had passed and that no further comments had been received. There being no comments from the audience, Mayor Schock declared the public hearing closed. RESOLUTION 09-96 ADOPTED AUTHORIZING FILING OF APPLICATION AND ONE YEAR ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV APRIL 8, 2009 199 Resolution No. 09-96 RESOLUTION AUTHORIZING FILING OF APPLICATION AND ONE YEAR ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Eight Hundred Twenty-Eight Thousand, Three Hundred and Ninety-Five Dollars ($828,395) for the following projects: 1. RESIDENTIAL REHABILITATION GRANT PROGRAM CDBG funds will be used to provide grants for the rehabilitation of housing owned and/or occupied by low and moderate income families. Submitting Agency: City of Elgin‟s Community Development Group Location: City-wide activity Proposed Level of Funding: $530,156 2. CDBG PROGRAM ADMINISTRATION CDBG funds will be used for program administration, including program oversight, management, monitoring and coordination; the preparation and submission of reports as required by federal regulations; and public information and assistance. Submitting Agency: City of Elgin‟s Community Development Group Location: 150 Dexter Court, Elgin Proposed Level of Funding: $75,000 3. CONSOLIDATED PLAN CDBG funds will be used for the planning and preparation of The City of Elgin‟s Five-year Consolidated Plan with Kane County. Submitting Agency: City of Elgin‟s Community Development Group Location: 150 Dexter Court, Elgin Proposed Level of Funding: $25,000 APRIL 8, 2009 VOLUME LXXIV 200 4. HOUSING AUTHORITY OF ELGIN ELEVATOR RENOVATION PROJECT CDBG funds will be used to renovate the elevator to improve accessibility through the installation of a new passenger elevator. Submitting Agency: Housing Authority of Elgin Location: 120 S. State Street, Elgin Proposed Level of Funding: $68,500 5. PADS OF ELGIN EMERGENCY SHELTER PROGRAM CDBG funds will be used to pay the rent for their facilities, wherein are provided emergency shelter and homeless prevention services. Submitting Agency: PADS of Elgin Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $50,000 6. ECKER CENTER ELEVATOR RENOVATION PROJECT CDBG funds will be used to renovate the elevator to improve accessibility through the installation of a new passenger elevator. Submitting Agency: Ecker Center for Mental Health Location: 8145 Grandstand Place, Elgin Proposed Level of Funding: $79,739 Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV APRIL 8, 2009 201 PETITION 15-08 APPROVED REQUESTING VARIOUS AMENDMENTS TO THE TEXT OF TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE, PERTAINING TO REGULATIONS FOR GRAPHICS WITHIN THE ROUTE 19/EAST CHICAGO STREET AREA OF SPECIAL CHARACTER; BY THE CITY OF ELGIN Community Development Director Deering reviewed the petition. He stated that staff had met with the auto dealers and the Elgin Area Chamber of Commerce and that this petition would allow for larger signs. Councilmember Kaptain asked how these amendments compared to other communities. Mr. Deering said that some communities are more restrictive, but that the City‟s are very restrictive. Mayor Schock said that he had some concerns about these proposed changes, but that he understood the requirements set by the manufacturers. Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to approve Petition 15-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 30-08 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CF COMMUNITY FACILITY DISTRICT, TO PERMIT THE CONSTRUCTION OF BUILDING ADDITIONS AND EXTERIOR AND INTERIOR BUILDING RENOVATIONS; PROPERTY LOCATED AT 316, 320 AND 360 DOUGLAS AVENUE BY THE SALVATION ARMY OF ELGIN, AS APPLICANT AND OWNER Community Development Director Deering reviewed this petition for interior and exterior building renovations. He stated that the outside of the building would be brick and that the major interior change would be the raising of the gymnasium ceiling. He stated that the Zoning Board had recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve Petition 30-08 subject to conditions. Councilmember Steffen asked if the drainage issue had been addressed. Mr. Deering stated that it would be when the actual building plans were submitted. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. APRIL 8, 2009 VOLUME LXXIV 202 PETITION 02-09 TABLED REQUESTING THE REPEAL OF CONDITIONAL USE FOR PLANNED DEVELOPMENT ORDINANCE NO. G92-06; AND REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE CONSTRUCTION OF AN UNDERGROUND DETENTION FACILITY FOR THE NEWLY CONSTRUCTED OFFICE BUILDING; PROPERTY LOCATED AT 500 NORTH MCLEAN BOULEVARD, BY ESTHER ZAMUDIO, AS APPLICANT, AND BY EZAM PROPERTIES, LLC, AS OWNER Community Development Director Deering stated that the petitioners would like to place the storm water detention facility underground and expand the size of the parking lot. This will require a change to their planned development. He stated that the petitioners have stated there will never be a restaurant at this location and that the proposed landscaping along the lot line at the west exceeds the requirements. Mr. Deering noted that if half of this building is to be used for medical offices, there would be a need for 105 parking spaces. He also said that Engineering has looked into the storm sewer backup that occurred last summer along McLean Boulevard and they have determined there is no relationship between that occurrence and the development of this property. Lastly, he stated that concerns had been raised whether an underground system would be able to properly filter the water. He stated that there is a filtering system involved that captures the sediments and that it can be cleaned out at a later time. Peter Bazos, attorney for the petitioners, and Scott DiGilio, an engineer, were present to answer any questions on the petitioners‟ behalf. Mr. Deering stated that the Community Development group recommended approval with six conditions. Councilmember Steffen asked if someone could explain the filtering process. Mr. DiGilio explained there was a filtering system near the outlet end that would capture sediment and oil and that this system is approved by Kane County. Councilmember Steffen asked how often it needed to cleaned and Mr. DiGilio stated quarterly the first year and then annually or semi- annually after that. Councilmember Steffen questioned how the parking formula was calculated. Mr. Deering stated this was a national standard and that six spots per 1000 square feet had been found to be effective. Councilmember Figueroa inquired what landscaping was currently required for the project and if additional landscaping could be added to provide sight blockage to Tyler. Mr. Deering stated that currently there would be nine trees and screening hedge planted along the lot line, but that additional landscaping would not provide sight blockage because Tyler Tower was a multi-story building. Councilmember Figueroa questioned staff about the damaged storm sewer and asked when it might be repaired. Director of General Services, David Lawry, stated it was being considered as a public sewer and that the city was working with the property owner to get the necessary easement and to evaluate the problem. VOLUME LXXIV APRIL 8, 2009 203 Councilmember Figueroa also inquired about the required number of parking places. Mr. Deering said that if half of the building is to be leased for medical offices, then 105 spaces are required. Councilmember Figueroa wondered when they would know who the tenants were. George Arsonitis, one of the petitioners, said that they are planning for at least half of the premises to be utilized for medical offices. Councilmember Kaptain asked about a stop order that had been issued. Mr. Deering said it had come to the City‟s attention that they were removing the retention area and that they did not have permission to do this. Councilmember Kaptain questioned why the Zoning Board had found that the property was not suitable for this application. Mr. Deering said the Commission had not explained why they had voted “no” in regards to this application. Councilmember Kaptain asked about the loss of a 150 year old oak tree that apparently had been removed from the property of Tyler Tower. Mr. Bazos explained that during excavation on the petitioners‟ property, the tree began to lean and had to be removed by the landscaper for safety reasons. Three other trees will be planted as a replacement. Councilmember Kaptain stated he did not feel these smaller trees would provide a sufficient buffer between the two properties. Attorney Bazos wondered what was being screened as the two parking lots are adjacent, and stated that there are bushes along 100 percent of the property line. Mayor Schock asked if the tree came down during the excavation of the detention pond. Mr. Arsonitis replied that it had been damaged during the process. The Mayor felt it was a mute point since the tree came down during the excavation of the detention pond and that in all likelihood this would have happened even if construction of the detention pond had continued. Mr. Deering agreed with the Mayor‟s summation. Councilmember Kaptain stated he felt that the green space and the tree would have provided some additional buffering. Councilmember Steffen asked how a substantial change is defined and wondered how this can be addressed. Corporation Counsel William Cogley said there is a standard, but that Mr. Deering has some leeway. Changes to the detention pond were considered substantial, though. Councilmember Steffen would like to have better picture. Mr. Cogley said that it was a concern to the neighboring property owners because they had participated in the hearing process and these changes had not been subject to a hearing. Councilmember Figueroa then asked the president of the Tyler Tower homeowners association if they would agree to a fence. The president said that they were also concerned about run off and that they would prefer a green buffer zone. Councilmember Kaptain then asked her to explain the buffer zone. The president said this is a sustainability issue and they want the green buffer zone to provide protection in terms of the velocity of the water. She said parking is available at the shopping center a block away and that public transportation stops in front of the building. She stated that this plan does not fall into an urban sustainability plan. Councilmember Figueroa asked if the two parties could come to an agreement. Councilmember Walters asked if they could share parking. The president of the homeowners association stated APRIL 8, 2009 VOLUME LXXIV 204 that they had already offered the petitioner‟s twenty spaces. Councilmember Steffen asked Mr. DiGilio about the storm run off issue. Mr. DiGilio said that the proposed system will be as good or better than the above ground system. He also said the underground system will slow the velocity of water and that it is a cleaner system. Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to table Petition 02-09 for further review. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 09-97 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PANCOR CONSTRUCTION AND DEVELOPMENT, LLC FOR THE POINT BOULEVARD-RANDALL ROAD INTERSECTION IMPROVEMENT PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-97 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PAN COR CONSTRUCTION & DEVELOPMENT, LLC FOR THE POINT BOULEVARD-RANDALL ROAD INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Cost-Plus-Guaranteed Maximum Price Agreement on behalf of the City of Elgin with PanCor Construction & Development, LLC for the Point Boulevard-Randall Road Intersection Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV APRIL 8, 2009 205 Presented: April 8, 2009 Adopted: April 8, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T5-09B PASSED PROVIDING FOR THE ISSUE OF $580,000 SPECIAL SERVICE AREA NUMBER 19 BONDS, SERIES 2009, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND THE LEVY OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON SAID BONDS Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE T5-09B IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. ORDINANCE G14-09 REMAINED ON THE TABLE AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROHIBIT CERTAIN PUBLIC NUISANCE-RELATED ACTIVITIES Corporation Counsel Cogley recommended this item remain on the table. RESOLUTION 09-98 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALL SERVICE CONTRACTING CORPORATION FOR EMERGENCY REPAIRS TO FILTER NO. 8 AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. APRIL 8, 2009 VOLUME LXXIV 206 Resolution No. 09-98 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALL SERVICE CONTRACTING CORPORATION FOR EMERGENCY REPAIRS TO FILTER NO. 8 AT THE RIVERSIDE WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with All Service Contracting Corporation for emergency repairs to Filter No. 8 at the Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Northern Illinois Special Recreation Association Crystal Lake, IL $127,153.00 Balance of FY08/09 Membership dues VOLUME LXXIV APRIL 8, 2009 207 CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G14-09 through G20-09 and adopt Resolution Nos. 09-80 through 09-95 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 09-80 ADOPTED AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WAREHOUSE DIRECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-80 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WAREHOUSE DIRECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Warehouse Direct for furniture for the Drug Division of the Elgin Police Department, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-81 ADOPTED RATIFYING THE EXECUTION OF AN AGREEMENT WITH RADIO DISNEY CHICAGO, LLC FOR PROMOTION OF ELGIN SUMMER EVENTS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. APRIL 8, 2009 VOLUME LXXIV 208 Resolution No. 09-81 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT WITH RADIO DISNEY CHICAGO LLC FOR PROMOTION OF ELGIN SUMMER EVENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an agreement with Radio Disney Chicago, LLC by Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, regarding the promotion of Elgin summer events, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-82 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LARKIN CENTER FOR A SCHOOL LIAISON OFFICER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-82 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LARKIN CENTER, INC. FOR A SCHOOL LIAISON OFFICER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with The Larkin Center, Inc. for a school liaison officer, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV APRIL 8, 2009 209 Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-83 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF THE FOX VALLEY, INC. FOR OPERATIONAL SUPPORT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-83 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF THE FOX VALLEY, INC. FOR OPERATIONAL SUPPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Neighborhood Housing Services of the Fox Valley, Inc. for operational support, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 8, 2009 VOLUME LXXIV 210 RESOLUTION 09-84 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ARROW ROAD CONSTRUCTION FOR THE 2008 NEIGHBORHOOD RESURFACING PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-84 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ARROW ROAD CONSTRUCTION FOR THE 2008 NEIGHBORHOOD RESURFACING PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Arrow Road Construction for the 2008 Neighborhood Resurfacing Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV APRIL 8, 2009 211 RESOLUTION 09-85 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MOTOROLA, INC. FOR MAINTENANCE OF POLICE AND FIRE MOBILE DATA COMPUTERS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-85 RESOLUTION AUTHORIZING EXECUTION OF SERVICE AGREEMENT WITH MOTOROLA, INC. FOR MAINTENANCE OF POLICE AND FIRE MOBILE DATA COMPUTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Motorola, Inc. for maintenance of the police and fire mobile data computers, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 8, 2009 VOLUME LXXIV 212 RESOLUTION 09-86 ADOPTED AUTHORIZING EXECUTION OF A FIRST ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR THE LIME WASTE DISPOSAL MAIN PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-86 RESOLUTION AUTHORIZING EXECUTION OF FIRST ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR THE LIME WASTE DISPOSAL MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a First Addendum to an Intergovernmental Agreement with the Fox River Water Reclamation District (FRWRD) regarding the lime waste disposal main project, a copy of which is attached and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-87 ADOPTED AUTHORIZING EXECUTION OF A SECOND ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR THE LIME WASTE DISPOSAL MAIN PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV APRIL 8, 2009 213 Resolution No. 09-87 RESOLUTION AUTHORIZING EXECUTION OF SECOND ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR THE LIME WASTE DISPOSAL MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Second Addendum to an Intergovernmental Agreement with the Fox River Water Reclamation District (FRWRD) regarding the lime waste disposal main project, a copy of which is attached and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-88 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ACTIVE TRANSPORTATION ALLIANCE FOR A PEDESTRIAN AND BICYCLE SAFETY GRANT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-88 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ACTIVE TRANSPORTATION ALLIANCE FOR A PEDESTRIAN AND BICYCLE SAFETY GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a service agreement on behalf of the City of Elgin with Active APRIL 8, 2009 VOLUME LXXIV 214 Transportation Alliance for a pedestrian and bicycle safety grant, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-89 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES H. SHRADER AND ASSOCIATES, INC. FOR GRANT ADMINISTRATION SERVICES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-89 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES H. SCHRADER AND ASSOCIATES, INC. FOR GRANT ADMINISTRATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Charles H. Schrader and Associates, Inc. for grant administration services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV APRIL 8, 2009 215 Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-90 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ST. CHARLES STREET WATER MAIN REPLACEMENT PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-90 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ST. CHARLES STREET WATER MAIN REPLACEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a first amendment agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for the St. Charles Street water main replacement project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 8, 2009 VOLUME LXXIV 216 RESOLUTION 09-91 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY FOR THE NATIONAL STREET STATION AREA PLAN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-91 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY FOR THE NATIONAL STREET STATION AREA PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a grant agreement on behalf of the City of Elgin with the Regional Transportation Authority for the National Street Station Area Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-92 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH OTTER CREEK, L.L.C. FOR DEVELOPMENT OF A BURLINGTON COAT FACTORY STORE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV APRIL 8, 2009 217 Resolution No. 09-92 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH OTTER CREEK, L.L.C. FOR DEVELOPMENT OF A BURLINGTON COAT FACTORY STORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Otter Creek, L.L.C. for development of a Burlington Coat Factory Store at the Otter Creek Shopping Center, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-93 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND VISION, INC. FOR PREPARATION OF THE NATIONAL STREET STATION AREA PLAN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-93 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND VISION, INC. FOR PREPARATION OF THE NATIONAL STREET STATION AREA PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Land Vision, APRIL 8, 2009 VOLUME LXXIV 218 Inc. for preparation of the National Street Station Area Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-94 ADOPTED ACCEPTING THE AFFIDAVIT AND INDEMNITY FROM U.S. BANK NATIONAL ASSOCIATION IN CONNECTION WITH THE CITY OF ELGIN $11,680,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2004A, DATED MAY 1, 2004 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-94 RESOLUTION ACCEPTING THE AFFIDAVIT AND INDEMNITY FROM U.S. BANK NATIONAL ASSOCIATION IN CONNECTION WITH THE CITY OF ELGIN $11,680,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2004A, DATED MAY 1, 2004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , hereby accepts the Affidavit and Indemnity of U.S. Bank National Association in connection with the City of Elgin $11,680,000 General Obligation Corporate Purpose Bonds, Series 2004A, dated May 1, 2004, a copy of such Affidavit and Indemnity being attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV APRIL 8, 2009 219 Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-95 ADOPTED ACCEPTING THE AFFIDAVIT AND INDEMNITY FROM U.S. BANK NATIONAL ASSOCIATION IN CONNECTION WITH THE CITY OF ELGIN $5,485,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004B, DATED OCTOBER 1, 2004 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-95 RESOLUTION ACCEPTING THE AFFIDAVIT AND INDEMNITY FROM U.S. BANK NATIONAL ASSOCIATION IN CONNECTION WITH THE CITY OF ELGIN $11,680,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2004A, DATED MAY 1, 2004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , hereby accepts the Affidavit and Indemnity of U.S. Bank National Association in connection with the City of Elgin $11,680,000 General Obligation Corporate Purpose Bonds, Series 2004A, dated May 1, 2004, a copy of such Affidavit and Indemnity being attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 8, 2009 VOLUME LXXIV 220 ORDINANCE G15-09 PASSED ADOPTING THE “INTERNATIONAL BUILDING CODE 2006” AS THE BUILDING CODE FOR THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G15-09 AN ORDINANCE ADOPTING THE “INTERNATIONAL BUILDING CODE 2006” AS THE BUILDING CODE FOR THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.04 entitled “Building Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.04 entitled “Building Code” be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: Chapter 16.04 BUILDING CODE Sections: 16.04.010 Adopted-Exceptions. 16.04.020 Additions, Insertions, and Changes. 16.04.030 Sidewalks, Approaches and Driveways-When Required. 16.04.040 Fence Installation. 16.04.050 Assessor‟s Receipt. 16.04.060 Street Numbers. 16.04.070 Construction Operations. 16.04.080 Conflicts With Other Provisions. 16.04.010 ADOPTED-EXCEPTIONS. That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Elgin, being marked and designated as the International Building Code 2006, as published by the International Code Council, be and is hereby adopted as and shall be known as the Building Code of the City of Elgin for establishing minimum regulations governing the construction, alteration, addition, repair, removal, demolition, location, occupancy, and maintenance of all buildings and structures; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code 2006 are hereby referred to, VOLUME LXXIV APRIL 8, 2009 221 adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes prescribed in this chapter. 16.04.020 ADDITIONS, INSERTIONS AND CHANGES. The International Building Code 2006 is amended and revised in the following respects: Section 101.1 Title, shall be amended to read as follows: These regulations shall be known as the Building Code of the City of Elgin, hereinafter referred to as “this chapter” or “this code.” Section 101.4.1 Electrical, shall be amended to read as follows: The provisions of NFPA 70 National Electric Code 2005 Edition as amended by Chapter 16.24 of the Elgin Municipal Code, 1976, as amended, shall apply to the installation of electrical systems, including alteration, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Section 101.4.2 Gas, shall be amended to read as follows: The provisions of Chapter 16.20 and Chapter 16.32 of the Elgin Municipal Code, 1976, as amended, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. Section 101.4.3 Mechanical, shall be amended to read as follows: The provisions of the International Mechanical Code 2006, as amended by Chapter 16.32 of the Elgin Municipal Code, 1976, as amended, shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy related systems. Section 101.4.4 Plumbing, shall be amended to read as follows: The provisions of State of Illinois Plumbing Code, as amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as amended, shall apply to the installation, alteration, repairs and replacement of plumbing system, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system. The provisions of 77 Illinois Administrative Code Chapter I: Department of Public Health Subchapter r: Part 905 et seq., as amended, shall apply to private sewage disposal systems. APRIL 8, 2009 VOLUME LXXIV 222 Section 101.4.5 Property maintenance, shall be amended to read as follows: The provisions of the International Property Maintenance Code 2003, as amended by Chapter 16.12 of the Elgin Municipal Code, 1976, as amended, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety, hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. Section 101.4.7 Energy shall be deleted in its entirety. Section 103.1 Creation of enforcement agency, shall be amended to read as follows: The Department of Code Administration & Development Services may be referred to as the department of building inspection for the purposes of this chapter and the Director of the Department of Code Administration & Development Services may be referred to as the code official for the purposes of this chapter. Any reference to the terms code official, building code official or official in this code shall also include the authorized designee of such code official, building code official or official. Section 103.2 Appointment, shall be deleted in its entirety. Section 103.3 Deputies, shall be deleted in its entirety. Section 104.4 Inspections, shall be amended to read as follows: The building official, or designee, shall make all of the required inspections. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise. Section 104.7 Department records, shall be deleted in its entirety. Section 104.8 Liability, shall be deleted in its entirety. Section 105.1 Required, shall be amended to read as follows: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code or any other code adopted by the City of Elgin or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.1.1 Annual permit, shall be deleted in its entirety. Section 105.1.2 Annual permit records, shall be deleted in its entirety. VOLUME LXXIV APRIL 8, 2009 223 Section 105.2 Work exempt from permit, subsection entitled Building, #1 shall be amended to read as follows: One-story detached accessory structures used as playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m). Section 105.2 Work exempt from permit, subsection entitled Building, #2 shall be deleted in its entirety. Section 105.2 Work exempt from permit, subsection entitled Building,#6 shall be deleted in its entirety. Section 105.2 Work exempt from permit, subsection entitled Mechanical, #4 shall be amended to read as follows: Steam, hot or chilled water piping within any heating or cooling equipment, used for production only. Section 105.3.1 Action on application, shall be amended to read as follows: The building official, or designee, shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official, or designee, shall reject such application in writing, stating the reasons therefore. If the building official, or designee, is satisfied that the proposed work conforms to the requirements of this code, or any other code adopted by the City of Elgin, and laws and ordinances applicable thereto, the building official, or designee, shall issue a permit therefore as soon as practicable. Section 105.7 Placement of permit, shall be amended to read as follows: A. A true 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. B. A placard issued by the code official shall be posted at the site of operations, which placard shall be posted at an exterior location not more than 100 feet from the lot line of the subject property nearest to any street or other thoroughfare. Such placard shall contain the following information: 1. Address of the property for which the permit was issued. 2. The number of the building permit, as provided by the Department of Code Administration & Development Services. APRIL 8, 2009 VOLUME LXXIV 224 3. A description of the permit type issued. 4. The date of the permits issuance. 5. The name(s) of the permit holder(s) and contractor(s) performing the work authorized in the permit. 6. The signature of the code official. Section 107.3 Temporary power, shall be amended to read as follows: The building official, or designee, may authorize the temporary supply and use power in part of an electric installation before such installation has been fully completed and a final certificate of completion has been issued. The part of an electric installation covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power as set forth in Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. Section 108.2 Schedule of fees shall be amended to read as follows: The fee for each plan examination, building permit and inspection shall be paid in accordance with Chapter 16.48 of the Elgin Municipal Code, 1976, as amended. Section 109.3.5 Lath or gypsum board inspection, shall be amended to read as follows: Insulation inspection: After all rough inspections are completed and before drywall or plaster lath is installed an insulation inspection is required. Section 109.4 Inspection agencies, shall be deleted in its entirety. Section 109.5 Inspection requests, shall be amended to read as follows: It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection at least 24 hours prior to the inspection request time. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by the code. Section 110.1.1 entitles Certificate of Occupancy, shall be created to read as follows: Certificate of Re-occupancy. Any person seeking to establish an occupancy in an existing building or any portion thereof shall be required to obtain a Certificate of Re-occupancy. Every Certificate of Re-occupancy shall state that the new occupancy complies with all provision of this code, including the Building Code, Plumbing Code, Heating, Ventilating and Mechanical Code, Fire Prevention Code and zoning ordinance and that all building systems are operational. Section 110.3 Temporary occupancy, shall be amended to read as follows: The building official may issue a temporary certificate of occupancy before the completion of the entire work covered by the permit provided that the portion or portions of the building or structure that are to be occupied meet all health and safety standards and requirements. The building official shall issue a letter stating the time period in which all required work is to be completed and such letter shall be signed by the permit VOLUME LXXIV APRIL 8, 2009 225 holder or his or her authorized representative. The letter shall contain specific dates for the completion of each outstanding item. The failure to complete each outstanding item by the specified date shall result in the revocation of the certificate of occupancy and the vacation of the building or structure within 24 hours. Section 110.5 Partial occupancy, shall be created to read as follows: The building official is authorized to issue a partial occupancy for the installation of machines, equipment, furniture, or other items required before the commencement of business. The portion of the building or structure that is to be occupied must meet all health and safety standards and requirements. Section 112.1 General shall be amended to read as follows: In order to hear and decide appeals of orders, decisions or determination made by the Building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the Building Commission members and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. Section 112.3 Qualifications shall be deleted in its entirety. Section 113.4 Violation penalties, shall be amended to read as follows: Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions or the code, shall be subject to penalties as prescribe by Chapter 1.20 of the Elgin Municipal Code, 1976, as amended. Section 114.2 Issuance, shall be amended to read as follows: The stop work order shall be in writing and shall be posted on the property where the violation exists. All persons working in the building or structure at that time of the posting of the stop work order shall be notified that the stop work order was posted. Upon issuance of a stop work order the cited work shall immediately cease. The stop work order shall state the reasons for the issuance of the order. Section 310.1 Residential Group R, paragraph R-3, shall be amended to read as follows: Residential Group R-3 shall include all buildings arranged for occupancy as one or two family dwelling units and multiple single family dwellings where each unit has an independent means of egress and is separated by an approved two-hour rated fire separation assembly. Section 406.1.4 Separation, shall be amended to read as follows: 1. The private garage shall be separated from the residence and its attic as follows: APRIL 8, 2009 VOLUME LXXIV 226 The walls separating the garage from habitable areas of the house shall have one layer of 5/8” fire code type gypsum board or equivalent. Where a gable type connection is used, the same construction shall be utilized as that separating the garage from the adjacent habitable space. When the garage ceiling is to be finished to separate the garage from the attic space, two (2) layers of 5/8” fire code type gypsum board or equivalent shall be installed. The second layer of gypsum board shall be positioned perpendicular to the first layer. All joints shall be taped and spackled. Where habitable rooms are constructed over the garage, all walls shall have one layer of 5/8” fire code type gypsum board or equivalent applied and the ceiling will have two layers 5/8” fire code type gypsum board or equivalent. The door opening between the garage and the residence shall have a minimum fire rating of 20 minutes and be equipped with a closer. 2. Ducts in a private garage and ducts penetrating the walls or ceiling/floors separating the dwelling unit from the garage shall be constructed of a minimum no.26 gage sheet steel and have no openings into the garage. Ducts in the garage shall be enclosed with 5/8” fire code type gypsum board or equivalent. 3. A separation is not required between a Group R-3 and Group U carport provided the carport is entirely open on two (2) or more sides and there are no enclosed areas above. Section 507.12 Subdivision of existing unlimited area building, shall be created to read as follows: Subdivision of Existing Unlimited Area Buildings. Lawfully existing unlimited area buildings divided by new lot lines are not required to comply with the setback regulations set forth in this section provided each of the following requirements is met: 1. A fire separation rating at the lot line dividing the building shall have a minimum fire-resistance rating of 3 hours. 2. The existing building complied with all requirements for unlimited area building regulations prior to the subdivision. 3. Building areas being subdivided must be of the same use group. 4. Any addition or alteration of any portion of a building shall comply with all requirements for an unlimited area building. Section 603.1.2 Piping, shall be amended to read as follows: The use of combustible piping materials shall be permitted when installed in accordance with the limitations of the International Mechanical Code 2006 as amended by Chapter 16.32 of the Elgin Municipal Code, 1976, as amended, and the state of Illinois Plumbing Code as amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as amended. Section 603.1.3 Electrical, shall be amended to read as follows: The use of electrical wiring methods with combustible insulation, tubing, raceways, and related components shall be permitted when installed in accordance with the limitations of the NFPA 70 National Electrical Code 2005 Edition as amended by Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. VOLUME LXXIV APRIL 8, 2009 227 Section 708.1 Fire Partitions General shall be amended to read as follows: The following wall assemblies shall comply with this section: 1. Walls separating dwelling units in the same building. 2. Walls separating sleeping units in occupancies in Group R-1 hotel occupancies, R-2 and I-1. 3. Walls separating tenant spaces and as required by Section 402.7.2. 4. Corridor walls as required by Section 1017.1. 5. Elevator lobby separation as required by Section 707.14.1. 6. Residential Aircraft Hanger. Section 715.4.7.5 Hold open devices, shall be created to read as follows: Combination heat and smoke actuated hold open devices, when used, shall be installed on both sides of the wall, interconnected so that the operation of any single device will permit the door to close. Combination smoke and heat detectors shall be installed at the door opening and at the ceiling in conformance with NFPA 80, as listed in Appendix A unless otherwise approved by the building official. Section 903.2.01 Automatic sprinkler system, shall be created to read as follows: An approved automatic sprinkler system shall be installed in every building more than four (4) stories in height, or where the floor of the upper most story is fifty (50) feet or more above the lowest level of fire department vehicle access. For the purposes of this section, basements shall be included as stories. An approved automatic sprinkler system shall be installed in buildings less than five (5) stories in height as provided in this chapter. Section 903.2.02 Group B, shall be created to read as follows: Buildings with a Use Group B fire area shall provide an approved automatic fire suppression system as follows: Throughout all buildings with a Use Group B fire area having more than 7500 square feet in area; in buildings with two (2) stories when the combined total area of the two (2) floors exceeds 10,000 square feet; in buildings of three (3) or more stories regardless of the square footage of each floor. Section 903.2.1.1 Group A-1, shall be amended to read as follows: 1. Use Group A-1. An approved automatic fire suppression system shall be provided throughout the entire building in all buildings with Use Group A-1 occupancies. APRIL 8, 2009 VOLUME LXXIV 228 Section 903.2.1.2 Group A-2, shall be amended to read as follows: Where a Use Group A-2 fire area comprises more than 3000 square feet in area or is located either above or below the level of exit discharge of exits that serve the Use Group A-2 fire area, an approved automatic fire suppression system shall be provided as follows: 1. Throughout the entire story or floor level where the A-2 use Group is located. 2. Throughout all stories and floor levels below the A-2 Use Group. 3. Throughout all intervening stories and floor levels between the A-2 Use Group and the level of exit discharge of exits that serve the Use Group A-2 fire area, including the level of exit discharge. Section 903.2.1.3 Group A-3, shall be amended to read as follows: Where a Use Group area exceeds 5000 square feet in area, or is located either above or below the level of exit discharge of exits that serve the Use Group A-3 fire area, an approved automatic fire suppression system shall be provided as follows: 1. Throughout the entire story or floor level where the A-3 Use Group is located. 2. Throughout all stories and floor levels below the A-3 Use Group. 3. Throughout all intervening stories and floor levels below the A-3 Use Group and the level of exit discharge of exits that serve the Use Group A-3 fire area, including the level of exit discharge. Section 903.2.1.4 Group A-4, shall be amended to read as follows: Where a Use GroupA-4 fire area exceeds 5000 square feet in area or is located either above or below the level of exit discharge of exits that serve the Use Group A-4 fire area, an approved automatic fire suppression system shall be required as follows: 1. Throughout the entire story or floor level where the A-4 Use Group is located. 2. Throughout all stories and floor levels below the A-4 Use Group. 3. Throughout all intervening stories and floor levels below the A-4 Use Group and the level of exit discharge of exits that serve the Use Group A-4 fire area, including the level of exit discharge. Section 903.2.2 Group E, shall be amended to read as follows: Where a Use Group E fire area exceeds 5000 square feet in area, or is located either above or below the level of exit discharge of exits that serve the Use Group E fire area, an approved automatic fire suppression system shall be provided as follows: VOLUME LXXIV APRIL 8, 2009 229 1. Throughout the entire story or floor level where the E Use Group is located. 2. Throughout all stories and floor levels below the E Use Group. 3. Throughout all intervening stories and floor levels below the E Use Group and the level of exit discharge of exits that serve the Use Group E fire area, including the level of exit discharge. Section 903.2.3 Group F-1, shall be amended to read as follows: In all buildings with a Use Group F-1 and F-2 fire areas, an approved automatic fire suppression system shall be provided as follows: Throughout all buildings with a Use Group F-1 or F-2 fire area having more than 7500 square feet in area; in buildings with two (2) stories if the combined total area of two (2) floors exceed 10,000 square feet; in buildings with three (3) or more stories regardless of the square footage of each floor. Section 903.2.6 Groups M, shall be amended to read as follows: Throughout all buildings with a Use Group M fire area, an approved automatic fire suppression system shall be provided as follows: Throughout all buildings with a Use Group M having more than 7500 square feet in area; in buildings with two (2) stories if the combined total area of two (2) floors exceed 10,000 square feet; in buildings with three (3) or more stories regardless of the square footage of each floor. Section 903.2.8, Group S-1, shall be amended to read as follows: In all buildings with a Use Group S-1 fire area, an approved automatic fire suppression system shall be provided as follows: Throughout all buildings with a Use Group S-1 having more than 7500 square feet in area; in buildings with two (2) stories if the combined total area of two (2) floors exceed 10,000 square feet; in buildings with three (3) or more stories regardless of the square footage of each floor. Section 903.2.8.1 Repair garages, Number 2 shall be amended to read as follows: One-story buildings with a fire area containing a repair garage exceeding 7500 square feet. Section 903.2.9, Group S-2, shall be amended to read as follows: In all buildings with a Use Group S-2 fire area, an approved automatic fire suppression system shall be provided as follows: APRIL 8, 2009 VOLUME LXXIV 230 Throughout all buildings with a Use Group S-2 having more than 7,500 square feet in area; in buildings with two (2) stories if the combined total area of two (2) floors exceed 10,000 square feet; in buildings with three (3) or more stories regardless of square footage of each floor. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.4 or where located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies as applicable in Section 101.2. Section 903.3.5.1 Domestic Services, shall be amended to read as follows: A domestic service shall not provide the water supply for the automatic sprinkler system. Exception: Single water supply and combination systems will be allowed as approved by the Water Department Director. Section 907.11 Duct smoke detectors, shall be amended to read as follows: Duct smoke detectors shall be connected to the building‟s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open-area detection. Duct smoke detectors shall be located as provided in Sections 606.2.1, 606.2.2, 606.2.3 and 606.3 of the International Mechanical Code 2006 as amended by Chapter 16.32 of the Elgin Municipal Code, 1976, as amended. Exceptions shall remain as published. Section 1013.1 Where required, shall read as follows: Guards shall be located along open-sided walking surfaces, mezzanines, industrial equipment platforms, stairways, ramps and landings which are located more than 30 inches (762mm) above the floor or grade below. Guards shall be adequate in strength and attachment in accordance with Section 1607.7. Guards shall be located along glazed sides of stairways, ramps and landings that are located more than 30 inches (762 mm) above the floor or grade below where the glazing provided does not meet the strength and attachment requirements in Section 1607.7. Where retaining walls with differences in grade level on either side of the wall in excess of 30 inches (762mm) are located closer than 2 feet (610mm) to walk, path, parking lot or driveway on the high side, such retaining walls shall be provided with guards that are constructed in accordance with this section. Exception: Guards are not required for the following locations: 1. On the loading side of loading docks or piers. VOLUME LXXIV APRIL 8, 2009 231 2. On the audience side of stages and raised platforms, including steps leading up to the stage and raised platforms. 3. On raised stage and platform floor areas such as runways, ramps and side stages used for entertainment or presentations. 4. At vertical openings in the performance area of stages and platforms. 5. At elevated walking surfaces appurtenant to stages and platforms for access to utilization of special lighting or equipment. 6. Along vehicle service pits not accessible to the public. 7. In assembly seating where guards in accordance with Section 1024.14 are permitted and provided. Section 1026.2.1 Minimum dimensions shall be amended to add the following exceptions: Exceptions: The minimum net clear opening height of windows below grade shall be 36 inches (914mm). The minimum net clear opening width of windows below grade shall be 24 inches (610mm). Chapter 11 Accessibility, shall be deleted in its entirety. Section 1206.3.3 Court drainage, shall be amended to read as follows: The bottom of every court shall be properly graded and drained to a public storm sewer or other approved disposal system. Section 1209.2 Attic spaces, shall be amended to read as follows: An opening not less than 22 inches by 30 inches (559mm by 762 mm) shall be provided to any attic area having a clear height of over 30 inches (762 mm). A minimum 30-inch (762 mm) clear headroom in the attic space shall be provided at or above the access opening. Attic access doors and hatches shall have a mechanical latching device such that the door will not open unless the latch is physically or manually released. Such doors and hatches shall be operable from occupant side and achieve a fire-resistance- rating not less than the assembly being penetrated. The access shall be in a readily accessible location. When mechanical equipment is located in attics the requirements of Chapter 16.32 of this title shall apply. Exception: Doors and hatches that are hinged shall have latches operable from occupant and non-occupant sides. APRIL 8, 2009 VOLUME LXXIV 232 Section 1210.1 Floors, shall be amended to read as follows: In other than dwelling units, toilet and bathing room floors shall have a smooth, hard, non-absorbent surface or covering that extends upward onto the walls at least 4 inches (10.16 cm). Chapter 13 Energy Efficiency shall be deleted in its entirety. Section 1404.2 Water-resistive barrier, shall be amended to read as follows: Asphalt saturated felt free from holes and breaks, weighing not less than 15 pounds per 100 square feet and complying with ASTM D 226 or other approved weather resistant material shall be applied over studs or sheathing of all exterior walls, with flashing as described in Section 1405.3, as required. Such felt or material shall be applied horizontally, with the upper layer lapped over the lower layer not less than two (2) inches. Where vertical joints occur, material shall overlap not less than six (6) inches. Exception: Such felt or material is permitted to be omitted in the following situations: 1. In detached accessory buildings unless aluminum or vinyl exterior siding is used. 2. Under paper-backed stucco lath. Section 1511 Screening of mechanical equipment, shall be created to read as follows: Section 1511.1 General. All rooftop mechanical equipment, on buildings 30 feet (9.15 m) or less in height, extending more than 36" (913 mm) above the roof, including but not limited to heating, air conditioning, ventilating or other mechanical equipment, shall be screened or enclosed in a manner which masks the equipment from view at a distance twice the height of the building at finished grade elevation. Section 1511.2 Construction. Construction of the screening or enclosure shall comply with the provisions of the building code, and shall be of the same character and design as the building. Section 1511.3 Permits. A building permit shall not be issued for any building unless the screening or enclosure is included on plans submitted with the building permit application. Section 1603.3 Live loads posted, shall be amended to read as follows: Where the live loads for which each floor or portion thereof of a commercial or industrial building is designed to exceed 50 pounds per square foot (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner at all entrances to all applicable portions of each story. Signs used for such posting shall be made durable by laminating, framing or engraving in plastic. The print on such signs shall consist of uppercase letters, be in a contrasting color and have a font size of at least size 20 points. The code official shall approve each sign before it is installed. It shall be unlawful to remove or deface such notices. VOLUME LXXIV APRIL 8, 2009 233 Section 1805.4.6 Wood foundations, shall be deleted in its entirety. Section 1805.10 Horizontal reinforcement, shall be created to read as follows: Concrete walls shall be reinforced by four (4) number five rods. Two (2) of the number five rods shall be located twelve (12) inches from the bottom of the wall and the remaining two (2) number five rods shall be located twelve (12) inches below the top of the wall. TABLE 2304.7(3) shall be amended to read as follows: ALLOWABLE SPANS AND LOADS FOR WOOD STRUCTURAL PANEL SHEATHING AND SINGLE-FLOOR GRADES CONTINUOUS OVER TWO OR MORE SPANS WITH STRENGTH AXIS PERPENDICULAR TO SUPPORTS (Plywood Structural panels are to be marked as a 4/5 rating)a, b SHEATHING GRADES ROOFc FLOORd Panel span rating roof/floor span Panel thickness (inches) Maximum span (inches) Loade (psf) Maximum span (inches) With edge supportf Without edge supportf Total load Live load 12\0 5/8 12 12 50 40 0 16\0 5/8 16 16 50 40 0 20\0 5/8 20 20 50 40 0 24\0 5/8 24 20g 50 40 16 24\16 5/8 24 24 50 40 16 32\16 5/8 24 24 50 40 16 40\20 3/4, 7/8 40 32 40 30 24 48\24 21/32, 3/4, 7/8 48 36 45 35 32 54\32 7/8, 1 54 40 45 35 32 60\32 1,1 1/8 60 48 45 35 32 SINGLE FLOOR GRADES ROOFc FLOORd Panel span rating Panel thickness (inches) Maximum span (inches) Loade (psf) Maximum span (inches) APRIL 8, 2009 VOLUME LXXIV 234 With edge supportf Without edge supportf Total load Live load 16 oc 5/8 24 24 50 40 16h 20 oc 5/8, 3/4 24 24 50 40 20h,i 24 oc 23/32, 3/4 48 36 35 25 24 32 oc 7/8, 1 48 40 50 40 32 48 oc 1 3/32, 1 1/8 60 48 50 40 48 For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kN/m2. a. Applies to panels 24 inches or wider. b. Floor and roof sheathing conforming with this table shall be deemed to meet the design criteria of Section 2304.7. c. Uniform load deflection limitations 1/180 of span under live load plus dead load, 1/240 under live load only. d. Panel edges shall have approved tongue-and-groove joints or shall be supported with blocking unless 1/4 inch minimum thickness underlayment or 1 1/2 inches of approved cellular or lightweight concrete is placed over the subfloor, or finish floor is 3/4 inch wood strip. Allowable uniform load based on deflection of 1/360 of span is 100 pounds per square floor (psf) except the span rating of 48 inches on center is based on a total load of 65 psf. e. Allowable load at maximum span. f. Tongue-and-groove edges, panel edge clips (one midway between each support, except two equally spaced between supports 48 inches on center), lumber blocking, or other. Only lumber blocking shall satisfy blocked diaphragms requirements. g. For ½ inch panel, maximum span shall be 24 inches. h. Span is permitted to be 24 inches on center where ¾ inch wood strip flooring is installed at right angles to joist. i. Is permitted to be 24 inches on center for floors where 1 ½ inches of cellular or lightweight concrete is applied over the panels. VOLUME LXXIV APRIL 8, 2009 235 Table 2304.7(5) shall be amended to read as follows: ALLOWABLE LOAD (PSF) FOR STRUCTURAL PANEL ROOF SHEATHING CONTINUOUS OVER TWO OR MORE SPANS AND STRENGTH AXIS PARALLEL TO SUPPORTS (Plywood structural panels are five-ply, five-layer unless otherwise noted)a, b PANEL GRADE THICKNESS (INCH) MAXIMUM SPAN (inches)d LOAD AT MAXIMUM SPAN (psf) Live Total Structural I Sheathing 5/8 24 70 80 23/32, 3/4 24 90 100 Sheathing, other grades covered in DOC,PS 1or DOC PS 2 5/8 16 45c 55c 5/8 24 45c 55c 23/32, 3/4 24 60c 65c For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479kN/m2. a. Roof sheathing conforming with this table shall be deemed to meet the design criteria of Section 2304.7. b. Uniform load deflection limitations: 1/180 of span under live load plus dead load 1/240 under live load only. Edges shall be blocked with lumber of other approved type of edge supports. c. For composite and four-ply plywood structural panel, load shall be reduced by 15 pounds per square foot. d. On spans 16” or greater panel edge clips (one midway between each support, except two equally spaced between supports 48 inches on center),lumber blocking, or other. Only lumber blocking shall satisfy blocked diaphragms requirements Chapter 27 Electrical, shall be deleted in its entirety. The provisions of NFPA 70 National Electric Code 2005 Edition as amended by Chapter 16.24 of the Elgin Municipal Code, 1976 as amended, shall apply to the installation of electrical systems, including alteration, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. APRIL 8, 2009 VOLUME LXXIV 236 Chapter 28 Mechanical Systems, shall be deleted in its entirety. The provisions of the International Mechanical Code 2006, as amended by Chapter 16.32 of the Elgin Municipal Code, 1976, as amended, shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy related systems Chapter 29 Plumbing Systems, shall be deleted in its entirety. The provisions of the Illinois State Plumbing Code as amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as amended, shall apply to the installation, alteration, repairs and replacement to the plumbing system, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system. The provisions of the 77 Illinois Administrative Code Chapter I: Department of Public Health Subchapter Part 905 et seq., as amended shall apply to private sewage disposal systems. Section 3002.4 Elevator car to accommodate ambulance stretcher, shall be amended to read as follows: In buildings four stories in height or more, at least one elevator shall be provided for fire department emergency access to all floors. Such elevator car shall be of such a size and arrangement to accommodate a 24-inch by 84-inch (610 mm by 2134 mm) ambulance stretcher in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. Section 3103.1 General, shall be amended to read as follows: The provisions of this section shall apply to tents, membrane structures and other structures erected for a period of less than 30 days or as herein described. Those erected for a longer period of time shall comply with Section 3102 of this chapter or with all applicable sections of this chapter where Section 3102 is not applicable. The code official may issue a permit for temporary construction. Such permit shall be limited as to time of service, but such temporary construction shall not be permitted for more than 6 months. Tents, air supported structures and other temporary structures may be erected for a period not exceeding thirty (30) days for educational, recreational, or similar purposes. Temporary tents may be erected for a period not exceeding fifteen (15) days for other purposes upon written application to the building official. Said application shall be made not later than thirty (30) days prior to the commencement of use of said tent. Exception: Open-sided tents shall be exempt from the provisions of this section. Section 3303.4 Vacant lot, shall be amended to read as follows: Where a structure has been demolished or removed the vacant lot shall be filled with clean fill to within four (4) inches of finished grade and maintained to the existing grade with black dirt. Existing grade will match the adjacent lots with provisions for proper drainage. Section 3303.6 Utility connections, shall be amended to read as follows: All utilities, including sewer and water, shall be terminated in an approved manner at the property line or easement location. VOLUME LXXIV APRIL 8, 2009 237 Section 3303.7,Maintance of lot, shall be created to read as follows: Property which will remain vacant for a period of more than six months shall be seeded or planted with ground cover and the resulting growth maintained. Section 3303.8 Demolition, shall be created to read as follows: Where a building, structure or portion thereof has been demolished and a building permit for any building reconstruction has not been applied for or approved, the demolition shall include the removal of all below grade walls, vaults, footings, slabs and foundation walls. Appendix A, Employee Qualifications, shall be deleted in its entirety. Appendix B, Board of Appeals, shall be deleted in its entirety. Appendix C, Group U-Agricultural Buildings, shall be adopted in its entirety. Appendix D, Fire Districts, shall be deleted in its entirety. Appendix E, Supplementary Accessibility Requirements, shall be deleted in its entirety. Appendix F, Rodent Proofing, shall be adopted in its entirety. Appendix G, Flood-Resistant Construction shall be adopted in its entirety. Appendix H, Signs, shall be deleted in its entirety. Appendix I, Patio Covers, shall be deleted in its entirety. Appendix J, Grading shall be deleted in its entirety. Appendix K, ICC Electrical Code shall be deleted in its entirety. 16.04.030 SIDEWALKS, APPROACHES AND DRIVEWAYS-WHEN REQUIRED. A concrete sidewalk and driveway approach, conforming with the specifications established in Chapter 13.04 of the Elgin Municipal Code, 1976, as amended, shall be required prior to the issuance of an occupancy permit for any new building or structure, which is situated on a lot or plot of ground which abuts upon any street in the city unless said sidewalk is specifically exempted. Driveways located on private property must be paved with concrete, masonry pavers or asphalt prior to the issuance of an permanent occupancy permit. 16.04.040 FENCE INSTALLATION. A building permit is required prior to the construction or installation of any fence within the city. Fences shall be constructed or installed according to the regulations established in Title 19 of the Elgin Municipal Code, 1976, as amended. 16.04.050 ASSESSOR‟S RECEIPT. No certificate of use and occupancy shall be issued until and unless a non-executed certificate of use and occupancy has been filed with the township assessor or the county assessor of the county in which the property is located. The owner of such property shall obtain from the assessor, in the form prescribed by such official, a receipt showing that the non-executed certificate of use APRIL 8, 2009 VOLUME LXXIV 238 and occupancy has been filed and that the property is subject to increased assessment from the date of the issuance of the certificate on a proportionate basis for the year in which the improvement was completed. T he owner of the property shall file such receipt with the building official, and a certified copy of the certificate, when issued, shall be filed with the assessor. 16.04.060 STREET NUMBERS. A. Required. All lots, buildings and structures within the corporate limits of the city shall be assigned a street number in accordance with the numbering system established by the Department of Code Administration and Development Services. B. Size and Type. Street numbers shall be displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least 5 inches high. (3 inch numbers are acceptable on existing buildings if they are easily visible from the adjoining street or parking lot.) C. Location. 1. Prior to the start of construction of any structure on vacant land, the assigned street number shall be posted in a prominent location, visible from the adjoining street. 2. No structure shall be occupied unless the assigned street number is mounted on the structure next to the front entrance in a prominent location and visible from the adjoining street. If that location is not readily visible from the adjoining street, the number shall be placed elsewhere in close proximity to the front entrance where it is not obstructed. 3. The street number of multiple tenant buildings with common entrances shall be placed in a prominent location visible from the adjoining street or parking area. Each tenant space shall have the numbers or letters assigned to that unit posted on the door of that unit. 16.04.070 CONSTRUCTION OPERATIONS. Construction or alteration operations shall not be carried on prior to sunrise or after sunset unless approved in writing by the building official. On Sundays the permitted hours for construction or alteration shall be from 9 a.m. to 6 p.m. 16.04.080 CONFLICTS WITH OTHER PROVISIONS. When a provision of this chapter conflicts with any other provision of the Elgin Municipal Code regulating the same subject matter, the more stringent or restrictive provision shall apply. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LXXIV APRIL 8, 2009 239 Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Passed: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 9, 2009 Published: April 10, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G16-09 PASSED ADOPTING THE “INTERNATIONAL RESIDENTIAL CODE 2006” AS THE ONE AND TWO FAMILY DWELLING CODE OF THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G16-09 AN ORDINANCE ADOPTING THE “INTERNATIONAL RESIDENTIAL CODE 2006” AS THE ONE AND TWO FAMILY DWELLING CODE OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.36 entitled “One and Two Family Dwelling Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.36 entitled “One and Two Family Dwelling Code” be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: APRIL 8, 2009 VOLUME LXXIV 240 Chapter 16.36 ONE AND TWO FAMILY DWELLING CODE Sections: 16.36.010 Adopted-Exceptions. 16.36.020 Additions, Insertions and Changes. 16.36.030 Illustrations. 16.36.040 Conflicts With Other Provisions. 16.36.010 ADOPTED-EXCEPTIONS. That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Elgin, being marked and designated as the International Residential Code 2006, as published by the International Code Council, be and is hereby adopted as and shall be known as the One and Two Family Dwelling Code of the City of Elgin for regulating the fabrication, erection, construction, enlargement, alteration, repair, location and use of one- and-two-family dwellings, their appurtenances and accessory structures; and each and all of the regulations, provisions, penalties, conditions and terms of said International Residential Code 2006 are hereby referred to, adopted, and made a part thereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes prescribed in this chapter. 16.36.020 ADDITIONS, INSERTIONS AND CHANGES. The International Residential Code 2006 is amended and revised in the following respects: Section R105.2 Work exempt from permit, shall be amended to read as follows: In the subsection entitled Building, subparagraphs 1, 2, 3 and 5 shall be deleted in their entirety. Section R108 Fees, shall be amended to read as follows: Permit fees shall be in accordance with the provisions set forth in Chapter 16.48 of this code. Section R112.1 Board of Appeals General, shall be amended to read as follows: In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the Building Commission members and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. VOLUME LXXIV APRIL 8, 2009 241 Section 112.3 Qualifications, shall be deleted in its entirety. Table R301.2(1) Climatic and Geographic Design Criteria, is amended to read as follows: Ground Snow Load - lbs. per sq. ft. – 30 psf Wind Speed - 90 mph Seismic Condition by Zone – B Subject to Damage from Weathering - Yes - Severe Frost Line Depth - 42 inches below grade Termite - Moderate to Heavy Winter Design Temperature - minus 10 deg F Ice Barrier Underlayment Required – Yes Flood Hazards February 12, 1975 Air Freezing Index -1000-2000 Mean Annual Temp 45-50 F Section R303.3 Bathrooms, shall be amended to read as follows: Bathrooms. Bathrooms, water closets, compartments and similar rooms shall be mechanically vented to the exterior using wall louvers or roof caps with insect screens. Vent discharge into the attic or soffit is prohibited. Mechanical vents shall be sized to provide five (5) air changes per hour. Section R305.1 Minimum Height, shall be amended to read as follows: Every habitable room, hallways, corridors, bathrooms, toilet rooms, laundry rooms and habitable basements shall have a ceiling height of not less than seven (7) feet (2135mm). The required height shall be measured from the finished floor to the lowest projection from the ceiling. Exceptions: 7. Beams and girders spaced not less than 4 feet (1219 mm) on center may project not more than 6 inches (152 mm) below the required ceiling height. 8. Ceilings in basements without habitable spaces may project to within 7 feet 2 inches APRIL 8, 2009 VOLUME LXXIV 242 (2185 mm) of the finished floor, and beams, girders, ducts or other obstructions may project to within 6 feet 8 inches (2032 mm) of the finished floor. 9. For rooms with sloped ceilings, at least 50 percent of the required floor area of the room must have a ceiling height of at least 7 feet (2135 mm) and no portion of the required floor area may have a ceiling height of less than 5 feet (1524 mm). 10. Bathrooms shall have a minimum ceiling height of 6 feet 8 inches (2032 mm) over the fixture and at the front clearance area for fixtures as shown in Figure R307.1. A shower or tub equipped with a showerhead shall have minimum ceiling height of 6 feet 8 inches (2032 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the showerhead. Section R309.1 Opening Protections, shall be amended to read as follows: Regulations Regarding Attached Garages. 5. Openings from a garage directly into a room used for sleeping purposes shall not be permitted. 6. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8” in thickness, solid or honeycomb core steel doors not less than 1 3/8” thick, or 20 minute-fire rated doors. Doors shall be equipped with a self- closure. 7. Six inch (152 mm) high curbing shall be provided at the common walls between the garage and the habitable space, or the garage floor shall be constructed not less than six (6) inches below the adjoining floor. Section R 309.1.1 Duct Penetrations, shall be amended to read as follows: 1. Ducts in the garage shall be enclosed with 5/8” fire code type gypsum board or equivalent. 2. Ducts in the garage and ducts penetrating the walls or ceiling/floors separating the garage shall be constructed of a minimum no. 26 gage sheet steel and have no openings into the garage. 3. Installation of a dwelling heating unit or other fuel-burning appliance in the garage is prohibited. One-hour fire-rated partitions between the space containing a house heating unit and garage space shall be installed. Doors are not permitted common to heater room or fuel burning appliance room and garage. Exception: Garage heating units with UL listing (or equivalent) for such use or a sealed combustion furnace which utilizes combustion air from the outdoors shall be permitted. VOLUME LXXIV APRIL 8, 2009 243 Section R 309.2 Separation required, shall be amended to read as follows: The garage shall be separated from the residence and its attic as follows: The walls separating the garage from habitable areas of the house shall have one (1) layer of 5/8” fire code type gypsum board on each side or equivalent. Where a gable type connection is used, the same construction shall be utilized as that separating the garage from the adjacent habitable space. When the garage ceiling is to be finished to separate the garage from the attic space, two (2) layers of 5/8” fire code type gypsum board, or equivalent, shall be installed. The second layer of gypsum board shall be positioned perpendicular to the first layer. All joints shall be taped and spackled. Where habitable rooms are constructed over the garage, all walls shall have one (1) layer of 5/8” fire code type gypsum board or equivalent applied, and the ceiling shall have two (2) layers 5/8” fire code type gypsum board or equivalent. Section R309.3 Floor Surfaces, shall be amended to read as follows: The garage floor surface shall be a minimum four (4) inches of concrete on a minimum four (4) inch crushed stone, sand or gravel base. The floor used for parking of vehicles shall be sloped to facilitate the movement of liquids toward the main vehicle entry doorway or to a floor drain installed to the requirements of the Illinois State Plumbing Code as amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as amended. Section R309.7 Detached garages, shall be created to read as follows: Detached frame garages shall comply with the construction requirements for one-story dwellings with the following exceptions: 1. Garages constructed within four (4) feet of a residential dwelling are required to meet minimum foundation requirements for dwellings. Foundation walls and footings shall not be less than forty-two (42) inches below finish grade. The minimum foundation thickness shall be eight (8) inches. Any walls facing the residence, in whole or in part, shall have a one-hour fire rating. 2. Grade beam construction is permitted for garages constructed more than four (4) feet from the dwelling. The grade beam design shall be as follows: sixteen (16) inches deep by twenty (20) inches at the top and ten (10) inches at the base with two one- half inch diameter re-bars continuous around the perimeter and poured monolithically with the floor slab (see Illustration A at the end of this chapter). Floor slab shall be a minimum four (4) inches thick with six (6) inch by six (6) inch number ten (10) welded wire fabric or equivalent throughout. The grade beam shall rest on undisturbed soil or engineered fill. Garages larger than 490 square feet require foundations to be extended to forty-two (42) inches below grade. A twelve-inch thick trench wall is permitted. 3. The maximum spacing for studs shall be twenty-four (24) inches O.C. and sixteen APRIL 8, 2009 VOLUME LXXIV 244 (16) inches O.C. if square footage is over 490 square feet. 4. Wall sheathing and building paper may be omitted if walls are ten (10) feet in height or less and corner bracing is used. Each corner is to be braced from the top outward in two directions to a minimum of seventy-two (72) inches from corner at sill plate, and may be applied on the inside surface of studs. The minimum bracing size shall be one (1) inch by four (4) inches. 5. Corner posts may consist of two (2) two (2) inch by four (4) inch posts or one (1) four (4) inch by four (4) inch post. 6. Top plates may be single, provided rafters occur directly over the studs and the plate is adequately tied at joints, corners and intersecting walls by a minimum 3-inch by 6- inch by 0.036-inch-thick galvanized steel plate that is nailed to each wall or segment of wall by six 8d nails on each side and garage square footage is 490 or less. 7. Rafter ties at eaves shall not be less than two (2) inches by four (4) inches with the maximum spacing of four (4) feet O.C. 8. Concrete floor: A minimum four (4) inches of concrete on minimum a four (4) inch crushed stone, sand or gravel base shall be provided. The floor used for parking of vehicles shall be sloped to facilitate the movement of liquids toward the main vehicle entry doorway or to a floor drain installed to the requirements of the Illinois State Plumbing Code as amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as amended. 9. House wrap shall be required when vinyl or aluminum siding is applied. Section R309.8 Detached masonry garages, shall be created to read as follows: Detached masonry or masonry veneer garages shall comply with the construction requirements for dwellings with the following exception: Combined foundation wall and footing shall be permitted provided it extends forty-two (42) inches below grade and the bottom is flared to sixteen (16) inches. The wall width shall be wide enough to support the wall above but shall not be less than eight (8) inches wide. Section R309.9 Maximum height of detached residential garages, shall be created to read as follows: The maximum height of a detached residential garage shall be fifteen (15) feet. (See Illustrations B and C of this chapter.) Section R 310.1.2 Minimum opening height, shall be amended to read as follows: VOLUME LXXIV APRIL 8, 2009 245 The minimum net clear opening height shall be 24 inches (610 mm). Exception: The minimum net clear opening height of windows below grade shall be 36 inches (914 mm). Section R310.1.3 Minimum opening width, shall be amended to read as follows: The minimum net clear opening width shall be 20 inches (508 mm). Exception: The minimum net clear opening width of windows below grade shall be 24 inches (610mm). Section R311.2.2 Under stair protection, shall be amended as follows: All accessible space under interior stairs shall have under stair surface, landings and any soffits protected on the enclosed side with minimum ½” gypsum board. Section R312.3 Retaining Wall Guards, shall be created to read as follows: Where retaining walls with differences in grade level in excess of 30” are located closer than two (2) feet to a walk, path, pedestrian area, parking lot or driveway on the high side, such retaining walls shall be provided with guards that are constructed to provide a protective barrier not less than 36” high measured vertically above the adjacent walking surface. Open guards shall have balusters, horizontal intermediate rails or other construction such that a 21-inch diameter sphere cannot pass through any opening. Section R317.1 Exception No. 2, shall be deleted. Section R402.1 Wood foundations, section R402.1.1 Fasteners and section R402.1.2 Wood Treatment, shall be deleted in their entirety. Table R402.2 Minimum Specified Compressive Strength Of Concrete (severe columns) shall be amended as follows: TABLE R402.2 MINIMUM SPECIFIED COMPRESSIVE STRENGTH OF CONCRETE MINIMUM SPECIFIED COMPRESSIVE STRENGTHa (ƒ’c) Weathering Potentialb TYPE OR LOCATION OF CONCRETE CONSTRUCTION Negligible Moderate Severe Basement walls, foundations and other concrete 2,500 2,500 3,000c not exposed to the weather Basement slabs and interior slabs on grade, except 2,500 2,500 3,500c garage floor slabs Basement walls, foundation walls, exterior walls and 2,500 3,000d 3,000d other vertical concrete work exposed to the weather APRIL 8, 2009 VOLUME LXXIV 246 Porches, carport slabs and steps exposed to the weather, 2,500 3,000d,e,f, 4,000d,e,f and garage floor slabs For SI: 1 pound per square inch + 6.895 kPa. a. Strength at 28 days psi. b. See Table R301.2(1) for weathering potential. c. Concrete in these locations that may be subject to freezing and thawing during construction shall be air -entrained concrete in accordance with Footnote d. d. Concrete shall be air-entrained. Total air content (percent by volume of concrete) shall be not less than 5 percent or more than 7 percent. e. See Section R402.2 for maximum cementitious materials content. f. For garage floors with a steel troweled finish, reduction of the total air content (percent by volume of concrete) to not less than 3 percent is permitted if the specified compressive strength of the concrete is increased to not less than 4,000 psi. Section R403.1 General, shall be amended to read as follows: All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, or other approved structural systems which shall be of sufficient design to accommodate all loads to the soil within the limitations as determined from the character of the soil. Footings shall be supported on undisturbed natural soils or engineered fill. Section R403.1.1 Minimum size, shall be amended to read as follows: Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table R401.4.1. Spread footings shall be at least 8 inches (203 mm) in thickness. Footing projections, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1. Exception: The minimum width of footings shall be 18 inches (457 mm), except for masonry veneer on frame walls the footing shall be a minimum of 10 (254 mm) inches deep and 20 (508 mm) inches wide. R403.1.3.2 Slabs-on-ground with turned-down footings, shall be amended to read as follows: Slabs-on-ground with turned-down footings, when approved, shall be a minimum twelve (12) inches wide and a minimum forty-two (42) inches below grade with two (2) number five (5) re-bar reinforcing continuous at top and bottom all around. Exception: Garage foundations and slabs shall be constructed per Illustration A. VOLUME LXXIV APRIL 8, 2009 247 Section R403.2 Footings for wood foundations, shall be deleted in its entirety. Section R403.3 Frost protected shallow foundations, section R403.3.1 Foundations adjoining frost protected shallow foundations, section R403.3.1.1 Attachment to unheated slab-on-ground structure, section R403.3.1.2 Attachment to heated structure, and section R403.3.2 Protection of horizontal insulation below ground shall be deleted in their entirety. Section R404.1.2.1 Horizontal reinforcement, shall be created to read as follows: Concrete walls shall be reinforced by four (4) number five rods. Two of the number five rods shall be located twelve (12) inches from the bottom of the wall and the second two of the number five rods shall be located twelve (12) inches below the top of the wall. Section R404.1.2.2 Wall openings, shall be created to read as follows: Vertical wall reinforcement shall be required at all foundation wall openings. Vertical reinforcement shall be number 4 rods and shall be placed within 6 inches of each side of the opening and shall either extend 12 inches beyond the opening or tie to the horizontal reinforcement with standard 90-degree hook, two bars. (See Illustration „D‟). Section R404.2 Wood foundation walls, shall be deleted in its entirety. Section R404.4 Insulating concrete form foundation walls shall be amended to read as follows: Insulating concrete form (ICF) foundation walls shall be designed and constructed in accordance with the provisions of this section or in accordance with the provisions of ACI 318. When ACI 318 or the provision of this section are used to design insulating concrete form foundation walls, project drawings, typical details and specifications are required to bear the seal of the architect or engineer responsible for design unless otherwise required by the state law of the jurisdiction having authority. Sections R405.2 Wood foundations, section R405.2.1 Base, section R405.2.2 Moisture barrier, and R405.2.3 Drainage system, shall be deleted in their entirety. Section R406.2.1 Concrete and masonry foundation waterproofing, shall be created to read as follows: Concrete and masonry foundation waterproofing shall be required in compliance with Section R406.2 of this chapter where the basement is a walkout or an English-type half basement. Sections R406.3 Damp-proofing of wood foundations, section R406.3.1 Panel joint sealed, section R406.3.2 Below grade moisture barrier, section R406.3.3 Porous fill, and section R406.3.4 Backfill, shall be deleted in their entirety. Section R407.3 Structural requirements, shall be amended to read as follows: APRIL 8, 2009 VOLUME LXXIV 248 The columns shall be restrained to prevent lateral displacement at the top and bottom ends. Wood columns shall not be less in nominal size than 4 inches by 4 inches (102 mm by 102mm) and steel columns shall not be less than 3-inch-diameter (76 mm) standard pipe or approved equivalent. Section R502.1.4 Prefabricated wood I-joist, shall be amended to read as follows: Structural capacities and design provisions for prefabricated wood I-joist shall be established and monitored in accordance with ASTM D 5055. Deflection shall be L/480 with maximum deflection of ½”. Section R502.6.2 Joist Framing, shall be amended to read as follows: Joist framing into the side of a wood girder shall be supported by approved framing anchors or an approved ledger strip. Section 502.11.1 Wood Trusses Design, shall be amended to read as follows: Wood trusses shall be designed in accordance with approved engineering practices. The design and manufacture of metal plate connected wood trusses shall comply with ANSI/TPI1. The truss design drawings shall be prepared by a registered professional where required by the statues of the jurisdiction in which the project is to be constructed in accordance with Section 106.1. Deflection shall be L/480 with maximum deflection of ½”. Table R503.2.1.1(1) shall be amended to read as follows: TABLE R503.2.1.1(1) ALLOWABLE SPANS AND LOADS FOR WOOD STRUCTURAL PANELS FOR ROOF AND SUBFLOOR SHEATHING AND COMBINATION SUBFLOOR UNDERLAYMENTa,b,c (Plywood structural panels are to be rated 4/5 ply) SHEATHING GRADES ROOFc FLOORd Panel span rating roof/floor span Panel thickness (inches) Maximum span (inches) Loade (psf) Maximum span (inches) With edge supportf Without edge support Total load Live load 12\0 5/8 12 12 50 40 0 16\0 5/8 16 16 50 40 0 20\0 5/8 20 20 50 40 0 24\0 5/8 24 20 50 40 16 24\16 5/8 24 24 50 40 16 32\16 5/8 24 24 50 40 16 40\20 5/8, 3/4, 7/8 40 32 40 30 24 48\24 21/32, 3/4, 7/8 48 36 45 35 32 60\32 1,1 1/8 60 48 45 35 32 VOLUME LXXIV APRIL 8, 2009 249 SINGLE FLOOR GRADES ROOFc FLOORd Panel span rating Panel thickness (inches) Maximum span (inches) Loade (psf) Maximum span (inches) With edge supportf Without edge support Total load Live load 16 oc 5/8 24 24 50 40 16h 20 oc 5/8, 3/4 24 24 50 40 20h,i 24 oc 23/32, 3/4 48 36 35 25 24 32 oc 7/8, 1 48 40 50 40 32 48 oc 1 3/32, 1 1/8 60 48 50 40 48 For SI 1 inch =25.4 mm, 1 pound per square foot = 0.0479 kN/m2 a. The allowable total loads were determined using a dead load of 10psf. If the dead load exceeds 10 psf, then the live load shall be reduced accordingly. b. Panels continuous over two or more spans with long dimension perpendicular to supports. Spans shall be limited to values shown because of possible effect of concentrated loads. c. Applies to panels 24 inches or wider. d. Lumber blocking, panel edge clips (one midway between each support, except two equally spaced between supports when span is 48 inches), tongue-and-groove panel edges, or other approved type of edge support. e. Includes Structural I panels in these grades. f. Uniform load deflection limitation: 1/180 of span under live load plus dead load, 1/240 of span under live load only. g. Maximum span 24 inches where _ inch wood finish flooring is installed at right angles to joists. h. Maximum span 24 inches where 1.5 inches of lightweight concrete of approved cellular concrete is placed over the subfloor. i. Unsupported edges shall have tongue-and groove joints or shall be supported with blocking unless minimum nominal _ inch thick underlayment with end and edge joints offset at least 2 inches or 1.5 inches of lightweight concrete or approved cellular con crete is placed over the subfloor, or _ inch wood finish flooring is installed at right angles to the supports. Allowable uniform live load at maximum span, based on deflection of 1/360 100 psf. j. Unsupported edges shall have tongue-and-groove joints or shall be supported by blocking unless nominal _ inch thick underlayment with end and edge joints offset at least 2 inches or _ inch wood finish flooring is installed at right angles to the supports. Allowable uniform live load at maximum span, based on deflection of 1/360 of span, is 100psf, except panels with a span rating of 48" on center are limited to 65 psf total uniform load at maximum span. Section R601.2 Requirements, shall be amended to read as follows: Wall construction shall be capable of accommodating all loads imposed according to Section R301 and of transmitting the resulting loads to the supporting structural elements. Walls which will contain any one and one-half inch diameter supply or waste piping, or larger, shall be framed with a minimum two (2) inch by six (6) inch nominal studs. Exterior walls that contain water supply and waste piping shall be framed to allow a minimum of R-13 insulation (or minimum required by Energy Conservation Code) between the piping and the exterior sheathing of the wall. Section R602.3.2 Top plate, shall be amended to read as follows: Exception: The exception, pertaining to a single top plate shall be deleted in its entirety. Table R602.3(5) Size, height and spacing of wood studs, shall be amended by adding the following to the end thereof: Maximum spacing for bearing walls shall be sixteen (16) inches. Exception: For garages under 490 square feet and sheds, maximum stud spacing can be twenty four (24) inches when supporting roof and ceiling only. APRIL 8, 2009 VOLUME LXXIV 250 Section R611.1 General, shall be amended to read as follows: Insulating concrete form walls shall be designed and constructed in accordance with the provisions of this section or in accordance with the provisions of ACI 318. When ACI 318 or the provision of this section are used to design insulating concrete form walls, project drawings, typical details and specifications are required to bear the seal of the architect or engineer responsible for design unless otherwise required by the state law of the jurisdiction having authority. Section R703.1.1 Corrugated siding, shall be created as follows: The use of corrugated plastic siding material shall be prohibited. Section R801.3 Roof drainage, shall be amended to read as follows: In areas where expansive or collapsible soils are known to exist, all dwellings shall have a controlled method of water disposal from roofs that will collect and discharge all roof drainage to the ground surface at least 5 feet (1524 mm) from foundation walls or to an approved drainage system. Roof gutters and down spouts shall be installed and maintained at all locations where water will run off the roof onto a walking or driving surface below. Down spout leaders shall not discharge across walking or driving surfaces. Section R802.10.2 Design, shall be amended to read as follows: Wood trusses shall be designed in accordance with accepted engineering practice. The design and manufacture of metal plate connected wood trusses shall comply with ANSI/TPI1. The truss design drawings shall be prepared by a registered professional where required by the statues of the jurisdiction in which the project is to be constructed in accordance with Section 106.1. Maximum deflection shall be L/240 Section R807.1 Attic access, shall be amended to read as follows: Buildings with combustible ceiling or roof construction shall have an attic access opening to areas that exceed 30 square feet and have a vertical height of 30 inches. The rough frame opening shall not be less than 22 inches by 30 inches (559mm by 762 mm) and shall be located in a hallway or other accessible location. A 30 inch (762mm) minimum unobstructed headroom in the attic space shall be provided at some point above the access opening. Attic access doors and hatches shall have a mechanical latching device such that the door will not open unless the latch is physically or manually released. Such doors and hatches shall be operable from occupant side and achieve a fire-resistance- rating not less than the assembly being penetrated. When mechanical equipment is located in attics the requirements of chapter 16.32, Section M1305.1.3 of this title shall apply. VOLUME LXXIV APRIL 8, 2009 251 Section R902.1.1 Corrugated plastic or fiberglass roofing panels, shall be created to read as follows: The use of corrugated plastic or fiberglass roofing panels shall be prohibited. Section R1003.2 Footings and foundations, shall be amended to read as follows: Foundations for masonry fireplaces and their chimneys shall have a minimum thickness of 12 inches (305 mm). The minimum projection of each side shall be 6 inches (152 mm). The footings shall be poured integral with the wall footing when the chimney occurs in the outside wall or the inside bearing wall. Section R1003.9 Spark arresters, shall be amended to read as follows: Spark arresters shall be required on the chimney of all fireplaces designed to be capable of burning wood. Spark arrestors shall meet all of the following: 1. The net free area of the arrestor shall not be less than four times the net free area of the outlet of the chimney flue it serves. 2. The arrestor screen shall have heat and corrosion resistance equivalent to 19-gage galvanized steel or 24-gage stainless steel. 3. Openings shall not permit the passage of spheres having a diameter greater than ½ inch (12.7 mm) nor block the passage spheres having a diameter less than 3/8 inch (9.5 mm). 4. The spark arrestor shall be accessible for cleaning and the screen or chimney cap shall be removed to allow for cleaning of the chimney flue. Section R1005.4.1 Spark arrestors factory-built chimney, shall be created as follows: Spark arresters shall be required on the chimney of all fireplaces designed to be capable of burning wood. Spark arrestors shall meet all of the requirements of Section 1003.9 Section M1201.2 Application, shall be amended as follows: In addition to the general administration requirements of chapter 1 of the International Residential Code 2006, as amended by this Chapter 16.36, the administration provisions of chapter 12 of the International Residential Code 2006, as amended by this Chapter 16.36, shall also apply to the mechanical requirements of chapters 13 through 24 of the International Residential Code 2006, as amended by this Chapter 16.36. APRIL 8, 2009 VOLUME LXXIV 252 Section M1301.1 Scope, shall be amended to read as follows: The provisions of chapter 13 of the International Residential Code 2006, as amended by this Chapter 16.36, shall govern the installation of mechanical systems not specifically covered in other chapters applicable to mechanical systems. Installations of mechanical appliances, equipment and systems not addressed by this code shall comply with the applicable provisions of Chapter 16.20 and Chapter 16.32 of the Elgin Municipal Code, 1976, as amended. Section M1305.1.3 Appliances in attics, shall be amended to read as follows: Attics containing appliances requiring access shall be provided with pull down stairs and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762mm) high and 22 inches (559mm) wide and not more than 20 feet (6096mm) long when measured along the centerline of the passageway from the opening to the appliance. This passageway shall have continuous solid flooring in accordance with chapter 5 of the International Residential Code 2006, as amended by this Chapter 16.36, not less than 24 inches (610mm) wide. A level service space at least 30 inches (762mm) deep and 30 inches (762) wide shall be present along all sides of the appliance where access is required. Exceptions: 1. The passageway and level service space are not required where appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829mm) high and 22 inches (559mm) wide for its entire length, the passageway shall be 50 feet (15,250mm) long. Section M1307.5 Electrical appliances, shall be amended to read as follows: Electrical appliances shall be installed in accordance with chapters 14, 15, 19, 20 of the International Residential Code 2006, as amended by this Chapter 16.36, and Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. Section M1401.1 Installation shall be amended to read as follows: Heating and cooling equipment and appliances shall be installed in accordance with the manufacturer‟s installation instructions and the requirements of this code. Equipment and appliance installation instructions shall be made available to the heating inspector upon request. Section M1406.2 Clearances, shall be amended to read as follows: VOLUME LXXIV APRIL 8, 2009 253 Clearance for radiant heating panels or elements to any wiring, outlet boxes and junction boxes used for installing electrical devices or mounting fixtures shall comply with Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. Section M1407.1 General, shall be amended to read as follows: Electrical duct heaters shall be installed in accordance with the manufacture‟s installation instructions and Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. Electrical furnaces shall be tested in accordance with UL 1995. Section M1409.1.1 shall be created to read as follows: Wall heaters venting to the exterior and drawing exterior air for combustion may be installed in existing buildings. Section M1507.3.1 shall be created to read as follows: All rooms containing bathtubs, showers, spas, and similar bathing fixtures shall be mechanically exhausted. In addition, all rooms containing toilets, lavatories and similar fixtures shall be mechanically exhausted. The exhaust rate from each of these rooms shall be five (5) air changes for every one (1) hour (one (1) air change every twelve (12) minutes). The exhaust duct shall be sized not less than the fan discharge size and vent directly outdoors via a roof cap, wall cap, or wall louver with insect screens when required. Section M1601.1.1 Aboveground duct systems, subparagraph 5, shall be amended to read as follows: Gypsum products may be used as ducts or plenums, provided that the air temperature does not exceed 95 degrees Fahrenheit and exposed surfaces are not subject to condensation. Section M1601.1.1 Aboveground duct systems, subparagraph 7.3, shall be amended to read as follows: Stud wall cavities shall not convey return air from more than one room and/or one floor level. Section M1601.1.1 Aboveground duct systems, subparagraph 8, shall be created to read as follows: Flexible air ducts, both metallic and non-metallic, shall be listed and labelled to indicate conformance with the requirements of UL 181 for Class 0 or Class 1 flexible air ducts. Flexible air ducts shall not exceed ten (10) feet in length. APRIL 8, 2009 VOLUME LXXIV 254 Section M1601.1.1 Aboveground duct systems, subparagraph 9, shall be created to read as follows: Flexible air connectors, both metallic and non-metallic, shall be listed and labelled to indicate conformance with the requirements of UL 181 for Class 0 or Class 1 flexible air ducts. Flexible air ducts shall not exceed ten (10) feet in length. Section M1601.1.1 Aboveground duct systems, subparagraph 10, shall be created to read as follows: Flexible and/or non-metallic connectors shall not be installed in non-accessible areas of any dwelling. Section M1601.1.1 Aboveground duct systems, subparagraph 11, shall be created to read as follows: Where air diffusing supply grilles are placed in the baseboard or immediately above on interior walls, air velocities shall not exceed four hundred (400) feet per minute. Where air grilles are placed in the baseboard or immediately above or in the floor on exterior walls, air velocities shall not exceed five hundred (500) feet per minute. Where placement of grilles is above head level, velocity shall be from five hundred (500) to seven hundred (700) feet per minute. All living quarters shall be supplied with at least five (5) air changes per hour (one (1) air change every twelve (12) minutes) and all supply grilles shall be directly connected to either the heating unit or the main duct line. Velocity at the return air grille is not to exceed four hundred (400) feet per minute. Section M1601.1.1.3 shall be created to read as follows: Supply ducts for dwellings erected on concrete slabs shall be installed from the furnace to the registers embedded and anchored in the slab on which the dwelling is erected. In two and three story dwellings, heating outlets shall be located not more than twelve (12) inches as measured from the top of the grille to the finished floor in that portion of a dwelling utilizing concrete slab. Table M1601.1.1(2) Gages of metal ducts and Plenums used for heating or cooling, shall be amended to read as follows: Duct Size Galvanized Gage No. Round Duct 6" diameter or less 30 GA 6" - 14" diameter 28 GA over 14" in diameter 26 GA VOLUME LXXIV APRIL 8, 2009 255 Rectangular ducts 13" or less 26 GA 14" - 30" 24 GA Section M1601.2.3 Duct sizes, shall be created to read as follows: Supply and return ducts shall be sized according to ACCA Manual D or SMACNA Installation Standards for Residential Heating and Air Conditioning Systems or other approved methods. In addition, for a residential air system, the main supply ducts shall be sized for an air velocity not to exceed one thousand (1,000) feet per minute. All branch ducts shall be sized for an air velocity not to exceed six hundred (600) feet per minute. In supply air ducts transition fittings are required in all changes in duct size. Bullhead fittings are prohibited. Section M1601.3 Installation, shall be amended to read as follows: Duct installation shall comply with Sections M1601.3.1 through M1601.3.6. Heating supply air shall be distributed to all rooms. Exception: Interior spaces mechanically vented via other systems. Section M1602.1.2 shall be created to read as follows: Return air for warm air furnaces is required from all rooms except as prohibited by Section M1602.2 of this chapter. Central returns are prohibited. Section M2005.3 Electric water heaters, shall be amended to read as follows: Electric water heaters shall also be installed in accordance with the applicable provisions of Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. Section M2101.2 System drain down, shall be amended to read as follows: Hydronic piping systems shall be installed to permit the system to be drained. When the system drains to the plumbing drainage system, the installation shall conform to the requirements of Chapter 16.20 of the Elgin Municipal Code, 1976, as amended. Section M2101.3 Protection of potable water, shall be amended to read as follows: The potable water system shall be protected from backflow in accordance with the provision listed in Chapter 16.20 of the Elgin Municipal Code, 1976, as amended. Chapter 22, Special Piping and Storage Systems, shall be deleted in its entirety. APRIL 8, 2009 VOLUME LXXIV 256 Section G2406.2 (303.3) Prohibited locations, shall be amended to read as follows: Exceptions 3 and 4 shall be deleted in their entirety. Section G2407.5.1 (304.5.1) Standard Method, shall be amended as follows: The minimum required volume shall be 100 cubic feet per 1,000 BTU/H (4.8m3/kw). Section G2410 (309.2) Connections, shall be amended to read as follows: Electrical connections between gas utilization equipment and the building wiring, including the grounding of the equipment, shall conform to Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. Section G2445.5 (621.5) Room or space volume, shall be amended as follows: The aggregate input rating of all unvented appliances installed in a room or space shall not exceed 10BTU/H per cubic foot (0.105kw/m3) volume of such room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations. Chapters 26 through 42, inclusive, shall be deleted in their entirety. Appendix A, Sizing and Capacities of Gas Piping, shall be deleted in its entirety. Appendix B, Sizing of Venting Systems Serving Appliances Equipped With Draft Hoods, Category I Appliance and Appliances Listed For Use and Type B Vents, shall be adopted in its entirety. Appendix C, Exit Terminals of Mechanical Draft and Direct Vent Venting System, shall be adopted in its entirety. Appendix D, Recommended Procedure for Safety Inspection of an Existing Appliance, shall be adopted in its entirety. Appendix E, Manufactured Housing Used as Dwellings, shall be deleted in its entirety. Appendix F, Radon Control Methods, shall be adopted in its entirety with the exception of the following specified amendments: VOLUME LXXIV APRIL 8, 2009 257 Section AF 103.4.10 Crawl Space Access, shall be amended as follows: Access doors and other openings or penetrations between basements and adjoining crawl spaces shall be closed, gasketed or otherwise filled to prevent air leakage. These requirements may be eliminated if a 2-inch thick concrete slab is installed which will meet the requirements of this appendix for concrete slab installation. Section AF103.6.1 Vent pipe, shall be amended to read as follows: A minimum 3-inch-diameter (76mm) PVC or equivalent gas-tight pipe shall be embedded vertically into the sub-slab aggregate or other permeable material before the slab is cast. A “T” fitting or equivalent method shall be used to ensure that the pipe opening remain within the sub-slab permeable material. Alternatively, the 3- inch pipe shall be inserted directly into an interior perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the sub-slab aggregate or connected to it through a drainage system. Appendix G, Swimming Pools, Spas and Hot Tubs, shall be adopted in its entirety with the exception of the following specified amendments: Section AG102 Definitions, Swimming Pool, shall be amended to read as follows: Any structure intended for swimming or recreational bathing that has the ability to contain water over 24 inches (610mm) deep. This includes in-ground, aboveground and on ground swimming pools, hot tubs and spas. Appendix H Patio Covers, shall be adopted in its entirety. Appendix I, Private Sewage Disposal, shall be deleted in its entirety. Appendix J, Existing Buildings and Structures, shall be adopted in its entirety. Appendix K, Sound Transmission, shall be deleted in its entirety. Appendix L, shall be deleted Permit Fees. Appendix M, Home Day Care-R-3 Occupancy, shall be deleted in its entirety Appendix N, Venting Methods, shall be deleted in its entirety. Appendix O, Gray water Recycling Systems, shall be deleted in its entirety. Appendix P, Sprinkling, shall be deleted in its entirety Appendix Q, ICC International Residential Code Electrical Provisions/National Electrical Code Cross Reference shall be deleted in its entirety. APRIL 8, 2009 VOLUME LXXIV 258 16.36.030 ILLUSTRATIONS VOLUME LXXIV APRIL 8, 2009 259 APRIL 8, 2009 VOLUME LXXIV 260 VOLUME LXXIV APRIL 8, 2009 261 APRIL 8, 2009 VOLUME LXXIV 262 16.36.040 CONFLICTS WITH OTHER PROVISIONS When a provision of this chapter conflicts with any other provision of this code regulating the same subject matter, the more stringent or restrictive provision shall apply. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Passed: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 9, 2009 Published: April 10, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G17-09 PASSED ADOPTING THE “INTERNATIONAL MECHANICAL CODE 2006” AND THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLET NO. 54 ENTITLED “INSTALLATION OF GAS APPLIANCES AND GAS PIPING,” 2006 EDITION, AS THE HEATING, VENTILATING AND AIR CONDITIONING CODE FOR THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV APRIL 8, 2009 263 Ordinance No. G17-09 AN ORDINANCE ADOPTING THE “INTERNATIONAL MECHANICAL CODE 2006” AND THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLET NO. 54 ENTITLED “INSTALLATION OF GAS APPLIANCES AND GAS PIPING,” 2006 EDITION, AS THE HEATING, VENTILATING AND AIR CONDITIONING CODE FOR THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.32 entitled “Heating, Ventilating and Air Conditioning Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.32 entitled “Heating, Ventilating and Air Conditioning Code” be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: Chapter 16.32 HEATING, VENTILATING AND AIR CONDITIONING CODE Sections: 16.32.010 Adopted - Exceptions. 16.32.020 Additions, Insertions, and Changes. 16.32.030 Permits Required 16.32.040 Conflicts With Other Provisions. 16.32.010 ADOPTED - EXCEPTIONS. That two (2) certain documents, one (1) copy of each being on file in the office of the City Clerk of the City of Elgin, and said documents being marked and designated as the International Mechanical Code 2006 as published by the International Code Council, Inc., and Pamphlet No. 54 entitled “Installation of Gas Appliances and Gas Piping,” 2006 edition, as published by the National Fire Protection Association (NFPA), be and are hereby adopted as and shall be known as the Heating, Ventilating and Air Conditioning Code of the City of Elgin for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems and low pressure gas piping and appliances; and each and all of the regulations, provisions, penalties, conditions and terms of said International Mechanical Code 2006 and NFPA Pamphlet No. 54 are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and other changes prescribed in this chapter. APRIL 8, 2009 VOLUME LXXIV 264 16.32.020 ADDITIONS, INSERTIONS AND CHANGES. A. The International Mechanical Code 2006 is amended and revised in the following respects: Section 103 Department of Mechanical Inspection, shall be deleted in its entirety. Section 109.1 Application for appeal, shall be amended to read as follows: Appeals from the decision of the code official shall be made in accordance with the provisions set forth in Chapter 3.60 of the Elgin Municipal Code, 1976, as amended. Section 109.1.1 thru 109.7, inclusive, shall be deleted in their entirety. Section 401.2 Ventilation required, shall be amended to read as follows: Every occupied space shall be ventilated by natural means in accordance with Section 402 of this chapter 16.32 or by mechanical means in accordance with Section 403 of this chapter 16.32. Buildings 10,000 square feet or larger shall require a ventilation schedule (submitted with the mechanical prints), which shall include minimum outdoor air requirements per table 403.3 and total supply air for each space and/or room. Section403.3 Ventilation rate, shall be amended to read as follows: Ventilation systems shall be designed to have the capacity to supply the minimum outdoor airflow rate determined in accordance with Table 403.3 based on the occupancy of the space and the occupant load or other parameter as stated therein. The occupant load utilized for design of the ventilation system shall not be less than the number determined from the estimated maximum occupant load rate indicated in Table 403.3. Ventilation rates for occupancies not represented in Table 403.3 shall be determined by an approved engineering analysis. The ventilation system shall be designed to supply the required rate of ventilation air continuously during the period the building is occupied, except as otherwise stated in other provisions of the code. The temperature differential between ventilation air and the air in the conditioned space shall not exceed 10 degrees Fahrenheit. Ventilation air that is part of the air conditioning system is not required to be with in 10 degrees Fahrenheit. Exception: The occupant load is not required to be determined, based on the estimated maximum occupant load rate indicated in Table 403.3, where approved statistical data document the accuracy of an alternate anticipated occupant density. VOLUME LXXIV APRIL 8, 2009 265 Section 602.3 Stud cavity and joist space plenums, shall be amended to read as follows: Stud wall cavities and the spaces between solid floor joists to be utilized as air plenums shall comply with the following conditions: 1. Such cavities or spaces shall not be utilized as a plenum for supply air. 2. Such cavities or spaces shall not be part of a required fire resistance rated assembly. 3. Stud wall cavities shall not convey air from more than one floor level or more than one room. 4. Stud wall cavities and joist space plenums shall comply with the floor penetration protection requirements of the International Building Code 2006, as amended by Chapter 16.04 of the Elgin Municipal Code, 1976, as amended. 5. Stud wall cavities and joist space plenums shall be isolated from adjacent concealed spaces by approved fireblocking as required in the International Building Code 2006, as amended by Chapter 16.04 of the Elgin Municipal Code, 1976, as amended. Table 603.4 shall be deleted and replaced with the following table: Duct size Galvanized Gage No. Round duct 6" diameter or less 30 GA 6" - 14" diameter 28 GA over 14" in diameter 26 GA Rectangular ducts 13" or less 26 GA 14 - 30" 24 GA Over 30" per SMACNA Standards (Sheet Metal and Air Conditioning Contractors‟ National Association, Inc.) APRIL 8, 2009 VOLUME LXXIV 266 Section 603.5.1 Gypsum ducts, shall be amended to read as follows: The use of gypsum boards to form air shafts (ducts) shall be limited to return air systems where the air temperatures do not exceed 95° F (35° C) and the gypsum board surface temperature is maintained above the airstream dew-point temperature. Air ducts formed by gypsum boards shall not be incorporated in air- handling systems utilizing evaporative coolers. Section 603.6.1.1 Duct length, shall be amended to read as follows: Flexible air ducts shall not exceed ten (10) feet in length. Section 603.6.2.1 Connector length, shall be amended to read as follows: Flexible air connectors shall not exceed ten (10) feet in length. Section 606.2.1 Return air systems, shall be amended to read as follows: Supply air systems. Smoke detectors shall be installed in the supply air systems with a design capacity greater than 2,000 CFM (0.94 m3/S), and shall be installed in the supply air duct or plenum downstream of any heating coils, cooling coils or fans and prior to any take offs or divisions in the duct. Exception: Smoke detectors are not required in the supply air system where the space served by the air distribution system is protected by a system of area smoke detectors in accordance with the International Building Code 2006 as amended by Chapter 16.04 of the Elgin Municipal Code, 1976, as amended. The area smoke detector system shall comply with Section 606.4 of this chapter 16.32. Section 606.2.2 Common supply and return air systems, shall be amended to read as follows: Where multiple air-handling systems share common supply or return air ducts or plenum with a combined design capacity greater than 2,000 CFM (0.94 m3/S) the supply air system shall be provided with smoke detectors in accordance with Section 606.2.1 of this chapter 16.32. Exception: Individual smoke detectors shall not be required for each variable air volume(VAV) zone unit or VAV-type fan-powered terminal unit, provided that such units do not have an individual design capacity greater than 2,000 CFM (0.94 m3/S) and will be shut down by activation of one of the following: A. Smoke detectors required by Sections 606.2.1 and 606.2.3 of this chapter 16.32. VOLUME LXXIV APRIL 8, 2009 267 B. An approved area smoke detector system located the supply air plenum serving such units. C. An area smoke detector system as prescribed in the exception to Section 606.2.1. In all cases, the smoke detectors shall comply with Section 606.4 and 606.4.1 of this chapter 16.32. Section 606.2.3 Return air risers, shall be amended to read as follows: Where return risers serve two or more stories and are part of a return air system having a design capacity greater than 15,000 CFM (7.1 m3/S), smoke detectors shall be installed at each story. Such smoke detectors shall be located upstream of the connection between the return air riser and any air ducts or plenums. Supply smoke detectors shall also be installed as required by section 606.2 of this chapter 16.32. Section 606.3 Installation, shall be amended to read as follows: Smoke detectors required by this section shall be installed in accordance with NFPA 72. The required smoke detectors shall be installed to monitor the entire airflow conveyed by the system including return air, supply air and exhaust or relief air. Access shall be provided to smoke detectors for inspection and maintenance. B. The National Fire Protection Association Pamphlet No. 54 entitled “Installation of Gas Appliances and Gas Piping,” 2006 edition, is amended and revised in the following respects: Section 5.6.3.4 Corrugated Stainless Steel, shall be amended to read as follows: Corrugated stainless steel tubing shall be listed in accordance with ANSI LC1/CSA 6.26, “Fuel Gas Piping Systems Using Corrugated Stainless Steel Tubing” and shall be used only where required by specific manufacturers‟ installation instructions. All interior gas piping is required to be schedule 40 black iron pipe (ASTM A 53) from the meter to the appliance/equipment connector with the following exceptions: An approved flexible connector may be used for appliances such as clothes dryers, cook tops and stoves provided that the connectors are UL approved and the manufacturer‟s instructions do not prohibit such a connection. APRIL 8, 2009 VOLUME LXXIV 268 16.32.030 PERMITS REQUIRED. A. A permit is required to install or alter any heating, ventilating or air conditioning equipment in the city. Application shall be made to the Department of Code Administration & Development Services. Upon approval, a permit shall be issued and the fees as required in Chapter 16.48 of the Elgin Municipal Code, 1976, as amended, shall be paid. 1) Permits for work to be performed under this code shall be issued only to warm air heating contractors, as defined in Chapter 16.02 of the Elgin Municipal Code, 1976, as amended, to contractors doing work based on plans and specifications sealed by an architect or mechanical engineer, or the owner or lessee-occupant of one-family or two-family dwellings. 2) Permits shall be required to install or alter any ductless furnace, which shall be in conformity with the regulations as set forth in the National Fire Protection Association Pamphlet No. 54. 16.32.040 CONFLICTS WITH OTHER PROVISIONS. In all instances where the provisions of these codes adopted in this chapter conflict with specific provisions of the building, electrical, plumbing or fire prevention codes of the city, either as presently adopted or to be adopted or amended in the future, the most restrictive and stringent code shall apply. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Passed: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 9, 2009 Published: April 10, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV APRIL 8, 2009 269 ORDINANCE G18-09 PASSED ADOPTING THE NFPA 70 NATIONAL ELECTRIC CODE, 2005 EDITION, AS THE ELECTRICAL CODE FOR THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G18-09 AN ORDINANCE ADOPTING THE NFPA 70 NATIONAL ELECTRIC CODE, 2005 EDITION, AS THE ELECTRICAL CODE FOR THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.24 entitled “Electrical Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.24 entitled “Electrical Code” be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: Chapter 16.24 ELECTRICAL CODE Sections: 16.24.010 Adopted-Exceptions. 16.24.020 Definitions. 16.24.030 Department of Code Administration. 16.24.040 Permits-Required. 16.24.050 Registrations of Electrical Contractors. 16.24.060 Inspections Required. 16.24.070 Adoption of Local Utility Company Information and Requirements for Supply of Electric Service. 16.24.080 Service Capacity and Equipment-All Occupancies. 16.24.090 Grounding. 16.24.100 Wiring Methods. 16.24.110 Outlet Boxes. 16.24.120 Fixtures and Outlets Required-Residential Occupancies. 16.24.130 Conductors. 16.24.140 Over current Protection. 16.24.150 Underground Service. 16.24.160 Raceways or Conduit. 16.24.170 Electric Signs and Outline Lighting. 16.24.180 Conflicts With Other Provisions. APRIL 8, 2009 VOLUME LXXIV 270 16.24.010 ADOPTED-EXCEPTIONS. That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Elgin, being marked and designated as the NFPA 70 National Electric Code, 2005 Edition, as published by the National Fire Protection Association, be and is hereby adopted as and shall be known as the Electrical Code of the City of Elgin, regulating and governing installations of electric conductors and equipment within or on public or private buildings or other structures, including mobile homes, recreational vehicles, and floating buildings, and other premises such as yards, carnival, parking and other lots, and industrial substations; and each and all of the regulations, provisions, penalties, conditions and terms of the NFPA 70 National Electric Code, 2005 Edition, are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes prescribed in this chapter. It shall be mandatory that all equipment, material, devices, and appliances covered by the provisions of this code shall be tested and listed by a standard testing laboratory, of nationally accepted stature, which performs services equal to, or greater than, those performed by the Underwriters Laboratories, Inc. In those instances where it is impossible to receive such a listing or label, the Department of Code Administration shall make the determination of acceptability. 16.24.020 DEFINITIONS. The following words and phrases used in this code shall have and include the several meanings given in this section: CODE OFFICIAL: The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. ELECTRICAL CONTRACTOR: Any person, firm, or corporation engaged in the business of installing or altering by contract, electrical equipment for the utilization of electricity supplied for light, heat, or power, not including apparatus, conductors, or other equipment installed for, or by, public utilities, including common carriers which are under the jurisdiction of the Illinois Commerce Commission for use in their operation as public utilities; but the term “electrical contractor” does not include employees employed by any person, firm, or corporation to do or supervise such work. ELECTICAL EQUIPMENT: Conductors and equipment installed for the utilization of the electricity supplied for light, heat, or power, but does not include radio apparatus or equipment for wireless reception of sounds and signals, and does not include apparatus, conductors and other equipment installed for, or by, public utilities, including common carriers, which are under the jurisdiction of the Illinois Commerce Commission for use in their operation as public utilities. OWNER-OCCUPANT: Any person who is the owner and occupant of a single-family detached residence, not being used for any rental purposes, where specific electrical work is to be done. 16.24.030 DEPARTMENT OF CODE ADMINISTRATION. VOLUME LXXIV APRIL 8, 2009 271 The Department of Code Administration is responsible for enforcing the rules and regulations relating to the installation and alteration and use of all electrical equipment, as herein provided. 16.24.040 PERMITS REQUIRED. A. Any person, firm or corporation installing or altering electrical equipment shall apply to the Department of Code Administration for an electrical permit. Electrical plans and specifications for proposed installation or alteration of multiple family dwellings (three (3) or more units), commercial or industrial buildings, structures or equipment, must be submitted to the Department of Code Administration for approval and shall be sealed by a registered architect or professional engineer. The approved plans shall be available on the job site at all times. B. Permits for work performed under this code may be issued only to registered electrical contractors or to the owner-occupant of single-family detached residences doing their own work, except that all service installations and upgrades shall be done by registered electrical contractors. Electrical contractors shall furnish bona fide proof of their current electrical contractors registration. Owner-occupants shall satisfy the pre-qualification provisions of the City prior to being granted a permit. 16.24.050 REGISTRATIONS OF ELECTRICAL CONTRACTORS. A. Any person, firm or corporation engaging in the business of electrical contracting shall be registered in a city or village located within the State of Illinois that tests consistent with the standards of the National Electrical Code. B. Any person desiring to engage in the business of electrical contracting may make a written application, pay a nonrefundable examination fee of $100.00 and pass an examination, as provided by the electrical committee. Upon passing the examination, the committee shall transmit their approval to the Department of Code Administration who shall issue a certificate of registration to the applicant upon payment of an annual registration fee of $25.00. C. Electrical contractor registrations and permit privileges may be reviewed and approved, revoked or retested for reasonable cause, at any time by the electrical committee. D. Prior to being allowed to take the City of Elgin Electrician License Exam, an applicant must provide written verification from a currently licensed Illinois electrician who has been tested on NFPA 70 National Electrical Code, stating that the applicant has a minimum of four years full-time, hands-on experience working in the electrical trade. 16.24.060 INSPECTIONS REQUIRED. A. Electrical work shall be inspected prior to being concealed or covered, and upon completion of the work. Failure to receive an approved required inspection shall result in APRIL 8, 2009 VOLUME LXXIV 272 the uncovering or opening up of the area for inspection of the work at the direction of the code official. All safety and code compliance of work performed shall be the continuing responsibility of the permit applicant. A final inspection approval is required by the City of Elgin. The permit applicant shall be responsible for insuring that a final inspection is completed by the City of Elgin‟s appropriate inspector immediately upon completion of the permitted project. A permit which does not show any inspection to confirm continuing work for over a six (6) month period shall be considered expired. A renewal fee may be paid to extend the permit prior to its expiration. B. When a temporary or permanent service is installed, the applicant shall request an inspection. The code official shall then notify the local utility upon approval of the work. C. The Department of Code Administration shall be notified eight (8) regular working hours in advance for service, underslab, rough and final inspection. When the work has been approved, a notice of approval will be posted on or in the building. D. All institutional, commercial and industrial occupancies, using electricity for lighting, heating and/or power, may be subject to inspection at least annually. The Department of Code Administration shall furnish the person, firm or corporation occupying or in charge of the premises inspected, a written notice of any required changes or alterations required. Such changes or alterations shall be made within thirty (30) days after receipt of such written notice. If, in the opinion of the code official, such changes shall be made sooner, such notice providing for the time in which to make such changes or alterations shall be given. The changes or alterations required by such notice shall be re-inspected by the code official. 16.24.070 ADOPTION OF LOCAL UTILITY COMPANY INFORMATION AND REQUIREMENTS FOR THE SUPPLY OF ELECTRIC SERVICE. The provisions of the rules and regulations regarding the installations, alteration, and use of electrical equipment as last adopted by the electrical supply company now supplying the city are hereby made a part of this chapter. A copy of such rules and regulations shall be on file in the Department of Code Administration. Adoption of metering sequences and location of metering equipment: The provisions of the rules and regulations regarding the installation, alteration, and use of metering equipment as last adopted by the local utility company now supplying the city and identified as Operating Instruction are, hereby, made a part of this chapter; a copy of such rules and regulations being now on file in the office of the Department of Code Administration. 16.24.080 SERVICE CAPACITY AND EQUIPMENT – ALL OCCUPANCIES. A. The minimum service capacity for each dwelling unit shall be a 100 amp service with a minimum 20 branch circuit panel. Four (4) spaces for branch circuits shall be provided for future use. Split bus and tandem breakers are prohibited. Panel schedules and load calculations shall be required for each installation. VOLUME LXXIV APRIL 8, 2009 273 B. The minimum service capacity for each mobile home shall be a 100 amp service with a minimum 12 branch circuit panel. Two (2) spaces for branch circuits shall be provided for future use. Split bus and tandem breakers are prohibited. C. Where the disconnecting means is installed within a building, it shall be located within 5 feet of the point where such conduit enters the building. D. Service entrance conductors shall be continuous (without splice), from service head to meter fitting and service disconnecting means. Duplex service entrance conductors shall have an ampacity of two #1 and one #2 copper conductors when one service riser is used in an overhead installation. All single-family and duplex dwellings requiring separate riser installation shall have a minimum service capacity of two #2 and one #3 copper conductors. Note: Revision of services not requiring a change in service panel may continue the use of tandem breakers. All other revisions will conform to new service requirements. E. Service risers shall be a minimum of 1 ¼ inch in size. Additionally, service risers shall be a minimum of 2 ½ inches in size, and shall be rigid steel conduit, when used as a support for the service drop. Roof plates shall not be used as a service drop support. F. Panels shall be installed in each occupancy in newly constructed buildings. Each service main breaker must be marked so it is easily identified as to which unit is being served. G. The connection from the distribution panels in a mobile home to the power source shall be installed in 1 ¼ inch or larger steel IMC or rigid metal conduit. H. Each mobile home shall have an approved grounding system to the shell and metal framework. I Fittings: There shall be no junction or outlet boxes in a service run. Weather tight fittings shall be used in service runs from service head to meter cabinets. Revision of services shall conform to new service requirements. 16.24.090 GROUNDING. A. Services shall be grounded to a metallic cold water pipe and to a supplementary electrode, as provided by the National Electrical Code. Where this supplementary electrode is a ground rod, the rod shall be a minimum ¾” x 10‟ one-piece copper clad or stainless clad rod driven to a depth of at least 9 feet 6 inches. Where ground rods are used, there shall be one (1) rod installed for services up to 400 amps and two (2) rods installed for services larger than 400 amps, with spacing between rods as per the National Electrical Code. B. Grounding to building fire sprinkler systems is prohibited. APRIL 8, 2009 VOLUME LXXIV 274 C. The grounding electrode conductor shall be an insulated copper conductor. This conductor shall be routed to avoid physical damage to the conductor. D. A bonding conductor shall be installed around the water meter and shut-off valves on all services. E. An equipment bonding jumper shall be used to connect the grounding terminal of a grounding-type receptacle to a grounded box in accordance with NEC 250-146 (deleting exception a through d). F. Electrical continuity at service equipment where concentric or eccentric knockouts are used shall be assured by the use of bonding-type (i.e., grounding) bushings. G. All raceways in other than residential occupancies shall contain an insulated grounding conductor sized in accordance with the National Electrical Code and bonded to all metallic boxes, wiring devices, motors, utilization equipment, and all devices requiring grounding. H. Spas, hot tubs, hydro-massage bathtub pumps and equipment shall be bonded to the nearest continuous metallic cold water pipe. Their dedicated circuits shall be GFCI circuit breaker protected at the panel. 16.24.100 WIRING METHODS. A. The following wiring methods shall be prohibited: Armored Cable; Cable Trays; Concealed Knob-and-Tube Wiring; Electrical Nonmetallic Tubing; Integrated Gas Spacer Cable; Liquid tight Flexible Nonmetallic Conduit; Messenger Supported Wiring Exception: Listed factory-assembled aerial cable may be used for outdoor installations only when specifically permitted elsewhere in this code; Metal-Clad Cable; VOLUME LXXIV APRIL 8, 2009 275 Nonmetallic Extensions; Nonmetallic-Sheathed Cable; Open Wiring On Insulators; Power and Control Tray Cable Type TC; Shielded Nonmetallic Sheathed Cable Service – Entrance cable; Under plaster Extensions; Underground Feeder and Branch - Circuit Cable. Manufactured wiring systems shall not be allowed inside walls, or other inaccessible building spaces. B. When services are upgraded in existing residential occupancies, all new and existing wiring in exposed areas shall be installed in conduit. Existing flexible wiring methods concealed in walls may be exposed for a maximum of eighteen inches (18”) in exposed areas in order to connect to the new wiring system. Existing electrical systems which are of inadequate capacity shall be replaced with a new system or shall be supplemented with new wiring and equipment, as necessary, to meet the requirements of this code. C. Vegetation shall not be used to support any electrical wiring except for seasonal temporary wiring such as Christmas decorations. 16.24.110 OUTLET BOXES. A. An outlet box shall be installed for all types of outlets. All outlet boxes shall be metal and they shall provide at least the minimum free space for the maximum number of wires indicated in the National Electrical Code. Boxes shall not be less than 1 1/2 inches in depth unless it would be impossible, owing to the construction of the building. Boxes shall be fitted with covers and/or plates to form a complete enclosure. Unused and open knockouts shall be securely closed. B. All boxes shall be fully accessible in a manner to permit inspection or modification of wiring contained therein without removing any portion of the structure or finished surfaces. C. All outlet boxes shall be independently and solidly supported from the structure. Raceways entering boxes shall not be construed as proper support, nor shall the box be the support for the raceway. APRIL 8, 2009 VOLUME LXXIV 276 D. A 4-inch square box shall be used with a suitable flush cover as outlet demands. Should this requirement be impossible, owing to construction of the building, a single gem box with the depth not less than 2 ½ inches may be used, provided not more than one raceway enters. Ganging of gem boxes is prohibited in new construction. E. A 4-inch octagon box, minimum depth 1 ½ inches, may be used in unfinished basements or garages for lights, commercial or industrial lighting, when using a 4-inch porcelain light receptacle or swivel type cover with rigid conduit stem to the light bulb socket, provided that not more than two (2) knockouts are used. A factory-made assembly consisting of an octagon box may be used for paddle fans where specifically designed for that purpose. 16.24.120: FIXTURES AND OUTLETS REQUIRED – RESIDENTIAL OCCUPANCIES. A. The minimum number of outlets for connection of permanent lighting fixtures and convenience receptacles in residential buildings shall be as follows: A light shall be installed directly over every kitchen sink, bathroom lavatory, and utility sink, in addition to the general lights in the room. Stairways, halls, passageways, corridors, garages, patios, basements, and rooms accessible by more than one (1) entry or exit shall have a ceiling light or outlet controlled by three-way or four-way switches. Basements or cellars shall have one (1) lighting outlet for each 300 square feet, or fraction thereof. All new installed bedroom ceiling lighting outlet boxes shall be steel fan-rated minimum 35-pound support. B. All outlet receptacles shall be 3 pole ground type and shall be installed so that no point along the floor line in any wall space is more than 6 feet, measured horizontally, from an outlet in that space, including any wall space 2 feet wide or greater and the wall space occupied by fixed panels in exterior walls. The receptacle outlets shall, insofar as practicable, be spaced equal distances apart. Floor receptacles may be installed in each hallway, foyer, or stair landing. Outside receptacles shall be watertight and be an approved receptacle to meet load requirement. C. Not less than one (1) fixture or wall receptacle in each room shall be controlled by a wall switch adjacent to entry doors. D. An outside light fixture controlled by an interior switch or by photocell shall be installed at each entrance and porch. E. Garages, attached or detached, shall have switch-controlled interior lighting. At least one (1) easily accessible GFCI receptacle shall be provided in each garage. F. Each clothes closet or storage area of 6 square feet, or larger, shall have a ceiling light. Walk-in closets shall have a light controlled by a wall switch. VOLUME LXXIV APRIL 8, 2009 277 G. All new construction shall have at least one (1) general lighting circuit for each 500 square feet of area, or fraction thereof. H.. Smoke detectors shall be installed in each sleeping room, outside of each separate sleeping area in the immediate vicinity of the bedrooms and on each additional story of the dwelling, including basements and cellars but not including crawl spaces and uninhabitable attics. 16.24.130 CONDUCTORS. A. The use of aluminum conductors is prohibited. Exception: This shall not apply to temporary exterior overhead and direct burial wiring on construction sites covered by a current electrical permit. B. All conductors shall be insulated and of a type approved for the purpose for which they are used. Exception: Un-insulated conductors may be placed in the earth for purposes of forming a grounding grid. C. Conductors installed in raceways which are in concrete slabs or walls in direct contact with earth, fill, or are otherwise subject to excessive moisture, shall have not less than type THWN, MTW, and AWM insulation. D. Connections of conductors to terminal parts shall be mechanically and electrically secure without damaging the conductors and shall be made by means of pressure connectors (including set screw type), or splices to flexible leads either soldered, brazed, or welded, except that #8AWG or smaller conductors may be connected by means of clamps or screws with terminal plates having upturned lugs. Terminals for more than one (1) conductor shall be so listed. E. Conductors shall be so spliced or joined as to be mechanically and electrically secure. Joints must be soldered with a fusible metal or alloy, brazed, or welded, unless an approved splicing device is used. Insulation piercing-type splicing devices shall be prohibited. All splices and joints and the free ends of conductors shall be covered with an insulation equal to that on the conductors. If the power supply wires to individual fixtures are cut, then each separate free conductor (pigtail), a minimum length of 6 inches each, shall be provided and such splices shall conform to this section. 16.24.140 OVER CURRENT PROTECTION. A. Except as may be specifically approved by the electrical inspector, each occupancy shall be provided with fuse or circuit breaker type branch circuit over current devices for the number of circuits as required to serve the minimum loads stated herein, except that for single-family dwellings the minimum shall not be less than one (1) circuit for every 350 APRIL 8, 2009 VOLUME LXXIV 278 square feet, or fraction thereof, of floor area. The floor area shall be computed from the outside dimensions of the building or area involved, including one-half (1/2) the area of basement, enclosed porches, garages, and breeze ways. B. Disconnects shall be installed within sight for all fractional horsepower motors, paddle fans, and water heating equipment. In commercial occupancies, disconnects shall be installed for all water heating equipment. C. On new installations, the permit applicant shall include load and fault current calculations to show methods utilized which will insure that the available fault current will not exceed the ratings of all devices and equipment. 16.24.150 UNDERGROUND SERVICE A. Services must be installed underground for all subdivisions recorded after April 13, 1967. B. All detached structures requiring electrical service shall be served by underground conductors installed per Section 16.24.130 of this code in an approved manner and shall be protected against physical damage. Exception: Certain existing structures may be served by overhead conductors only by specific permission of the code official. This is limited to existing one- and two-family residences with an existing detached garage with concrete or other obstructions preventing underground access. These conductors shall be listed or labeled factory made assembly of twisted conductors supported by a messenger cable. These conductors may be copper or aluminum. 16.24.160 RACEWAYS OR CONDUIT. A. All interior installations or alterations shall be approved metal raceways. All raceways exposed to the weather shall be Intermediate Metal Conduit (IMC) or rigid steel metal conduit with approved boxes and fittings. Rigid aluminum conduit can only be used by special written permission from the code official. B. Raceways In Concrete: IMC or rigid steel metal conduit, PVC coated steel conduit, floor duct, and PVC schedule 40 or 80 are the only acceptable raceway types for use in concrete slabs if the slab is in any manner resting on, or contacting, the earth. Any permanently exposed risers emerging from the concrete base or slab shall be IMC or rigid steel metal conduit. If the slab does not rest on or contact the earth, an additional approved conduit type is electrical metallic tubing. C. Underground Raceways: IMC steel or rigid metal conduit, PVC coated steel conduit, and PVC schedule 40 or 80 are the only acceptable raceway types for use underground. Direct burial cable methods shall be prohibited. VOLUME LXXIV APRIL 8, 2009 279 D. Raceway fittings: All raceway fittings locknuts, bushing, couplings, or connectors shall provide secure mechanical and electrical joints. E. Bushings: Where a raceway enters a box or other fitting, an insulating bushing shall be used to protect the wires from abrasion unless the design of the box or fitting is such as to afford equivalent protection. F. Intermediate metal conduit shall not be allowed in hazardous classified areas. G. Electrical metallic tubing shall be allowed for temporary services. H. All raceways shall be securely fastened by means of an approved electrical fastener to the building structure at least every ten (10) feet and within three (3) feet of every box. 16.24.170 ELECTRIC SIGNS AND OUTLINE LIGHTING. All wiring for permanent free standing electrical signs and billboards shall be installed underground. 16.24.180 CONFLICTS WITH OTHER PROVISIONS. When the provisions of this chapter conflict with any other provision of the Elgin Municipal Code regulating the same subject matter, the more stringent or restrictive provision shall apply. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effective immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Passed: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 9, 2009 Published: April 10, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 8, 2009 VOLUME LXXIV 280 ORDINANCE G19-09 PASSED ADOPTING THE “INTERNATIONAL ENERGY CONSERVATION CODE 2006 AS THE ENERGY CONSERVATION CODE FOR THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G19-09 AN ORDINANCE ADOPTING THE “INTERNATIONAL ENERGY CONSERVATION CODE 2006” AS THE ENERGY CONSERVATION CODE FOR THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.38 entitled “Energy Conservation Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.38 entitled “Energy Conservation Code” be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: Chapter 16.38 ENERGY CONSERVATION CODE Sections: 16.38.010: Adopted-Exceptions. 16.38.020: Addition, Insertions, and Changes. 16.38.030: Conflicts With Other Provisions. 16.38.010: ADOPTED-EXCEPTIONS. That a certain document, one copy of which is on file in the office of the City Clerk of the City of Elgin, being marked and designated as the International Energy Conservation Code 2006, as published by the International Code Council, be and is hereby adopted as and shall be known as the Energy Conservation Code of the City of Elgin for regulating and governing energy efficient building envelopes and the installation of energy efficient mechanical, lighting and power systems; and each and all of the regulations, provisions, penalties, conditions and terms of said International Energy Conservation Code 2006 are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes prescribed in this chapter. VOLUME LXXIV APRIL 8, 2009 281 16.38.020: ADDITIONS, INSERTIONS, AND CHANGES. The International Energy Conservation Code 2006 is amended and revised in the following respects: Section 101.2.2 Applicability, shall be amended to read as follows: The provisions of this code shall apply to all matters affecting or relating to detached one and two family dwellings, and to multiple single-family dwellings, commonly referred to as “townhomes,” and shall not apply to any other building types or structures in the City. Section 101.4.3.1 shall be created to read as follows: Additions, Alterations or Repairs to Structures Constructed Prior to Adoption of the International Energy Conservation Code 2006. Any addition, alteration, renovation or repair to any portion of a building envelope, mechanical system, service water-heating system, electrical distribution system or illumination system, or any portion thereof, shall conform to the following standards: Wall insulation: Minimum R-13 Ceiling/attic insulation: Minimum R-38. All vaulted ceiling insulation without an attic shall not be less than R-19 with a two (2) inch air space for ventilation purposes. Floor insulation (above non-conditioned spaces): Minimum R-30. Foundation wall insulation: MinimumR-5. Windows: Minimum Double pane, Low E (Maximum 0.7 U factor). Air-cooled condensers: Minimum 10.0 SER. Gas fired central furnace: Minimum 80% AFUE. 16.38.030: CONFLICTS WITH OTHER PROVISIONS. When a provision of this chapter conflicts with any other provision of this code regulating the same subject matter, the more stringent or restrictive provision shall apply. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. APRIL 8, 2009 VOLUME LXXIV 282 Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Passed: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 9, 2009 Published: April 10, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G20-09 PASSED ADOPTING THE STATE OF ILLINOIS PLUMBING CODE AS THE PLUMBING CODE FOR THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G20-09 AN ORDINANCE ADOPTING THE STATE OF ILLINOIS PLUMBING CODE AS THE PLUMBING CODE FOR OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.20 entitled “Plumbing Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.20 entitled “Plumbing Code” be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: VOLUME LXXIV APRIL 8, 2009 283 Chapter 16.20 PLUMBING CODE Sections: 16.20.010 Short Title. 16.20.020 Adopted. 16.20.030 Permits, fees and inspections. 16.20.040 Definitions. 16.20.060 Street work permit. 16.20.080 State of Illinois Plumbing Code Amendments. 16.20.090 Low pressure gas piping and gas appliance code. 16.20.100 Conflicts with other provisions. 16.20.010: SHORT TITLE. The ordinance codified in this chapter shall be known and cited as the Plumbing Code for the City of Elgin and will be referred to in this chapter as “this code.” 16.20.020: ADOPTED. The regulations of the State of Illinois Plumbing Code, 77 Ill. Adm. Code 890.110 et seq., as amended, published by the Illinois Department of Public Health, are adopted as the regulations governing the practice of plumbing in the city with such amendments as are hereinafter set forth in this chapter 16.20, except as such matters as are otherwise provided for in other ordinances or statutes. Unless specifically approved in the State of Illinois Plumbing Code, a product or device approved by the state does not automatically become approved in the City of Elgin, and any such product or device is required to go through the City‟s local approval process. All plumbing for new construction is required to conform to the most current version of the State of Illinois Plumbing Code, as amended by this Chapter 16.20 of the Elgin Municipal Code, 1976, as amended. 16.20.030: PERMITS, FEES AND INSPECTIONS. A plumbing permit is required for all new plumbing work, including, but not limited to, repiping and the replacement of water heaters and installation and/or repiping of water softeners. Permit fees shall be in accordance with Chapter 16.48 of the Elgin Municipal Code, 1976, as amended. Inspections are required prior to concealing any work, underground or within the walls or ceilings, and a final inspection is required prior to and occupancy or re-occupancy. APRIL 8, 2009 VOLUME LXXIV 284 16.20.040: DEFINITIONS. The following words and phrases used in this code shall have and include the several meanings given in this section: BUILDING OFFICIAL: The director of the Department of Code Administration and Development Services or his designated appointee. HEALTH DEPARTMENT: The health division of the Department of Code Administration and Development Services. LICENSED PLUMBING CONTRACTOR: A person who has a certificate of registration in effect that has been issued in accordance with the State of Illinois Plumbing License Law, 225 ILCS 320/0.01 et seq., and Chapter 16.02 of the Elgin Municipal Code, 1976, as amended, and who is engaged in the business of plumbing as a sole proprietorship or as an officer of a firm, partnership, corporation or company. PLUMBING INSPECTOR: Such person duly licensed by the State of Illinois as a licensed plumber and appointed as an agent of the building official and authorized by the building official to enforce the provisions of this code and other city ordinances. PRIVATE STORM WATER DISPOSAL SYSTEM: The system of pipes, catch basins, dry wells, foundation and drain appurtenances intercepting surface water and underground storm water not discharging into the public right of way. WATER DISTRIBUTION PIPING: All piping from the water meter location and terminating at the fixture (e.g., tub faucet, sink faucet, toilet, etc.). 16.20.060: STREET WORK PERMIT. In addition to any permits required under this chapter, a street work permit shall be obtained from the City‟s engineering division. Further, any liability insurance required as a condition to the issuance of such a permit shall be filed with the City for any work performed in the public right of way. 16.20.080: STATE OF ILLINOIS PLUMBING CODE – AMENDMENTS. The following provisions of the State of Illinois Plumbing Code shall be amended and revised as follows: A. Section 890.320 Type of Joints shall be amended to read as follows: Subsection (k) Bituminized Fiber Pipe Joints, is deleted in its entirety. Subsection (l)(2) Joints and Fittings in Plastic Pipe for potable water service, is amended as follows: VOLUME LXXIV APRIL 8, 2009 285 Subsections (l)(2)(A), (l)(2)(B) and (l)(2)(C), inclusive, are deleted in their entirety. B. Section 890.340 Use of Joints, subsection (h), shall be amended to read as follows: Building Sewer Connections. An elastomeric coupling seal conforming to ASTM C 425 (1988), ASTM C 443 (1985), ASTM C 564 (1988), ASTM D 4161 (1986), ASTM F 477 (1985), or ASTM D 3139 (1989), ASTM D 3212 (1989), or ASTM D 412 (1980) tests may be used to adapt any two (2) building sewer pipes for different materials or size changes. The flexible couplings shall be attached to the pipe with stainless steel clamps or bolts. All coupling shall be of the no-shear type for repairs to existing sewers. The manufacturer‟s recommended method of installation shall be followed. C. Section 890.420(a)(7) Pipe Cleanouts, shall be amended to read as follows: A full size cleanout shall be located within five (5) feet of the building foundation, inside and outside in direct line with the building drain and sewer. The outside cleanout shall terminate level with finished grade. D. Section 890.630 Installation, shall be amended to add subsection (j) to read as follows: Plumbing fixtures or faucets attached to a wall or protruding through a wall shall be made watertight by either caulking or a factory supplied gasket where they contact a wall surface. E. Section 890.1110 Quality of Water Supply, shall be amended to add subsection (a) to read as follows: a) Backflow protection required by the City of Elgin: 1) In all new commercial and industrial construction, each domestic water service shall have a Reduced Pressure Principle Backflow Preventer Assembly (RPZ) installed directly after the city water meter and on the meter by-pass (if by-pass is required). 2) On any remodeling of a commercial or industrial building where a plumbing permit is required, each domestic water service shall have a Reduced Pressure Backflow Preventer Assembly (RPZ) installed directly after the city water meter and on the meter by-pass (if by-pass is required). 3) Businesses dispensing food or beverages will be required to have a Dual Check Valve (DuC) on each piece of equipment that is supplied with water if that equipment does not have a proper air gap per the State of Illinois Plumbing Code. APRIL 8, 2009 VOLUME LXXIV 286 4) All residential boilers will be required to have a Dual Check Valve (DuC) at its point of connection to the domestic water supply. 5) Commercial and industrial boilers, heat exchangers and cooling towers will be required to have a Reduced Pressure Principle Backflow Preventer Assembly (RPZ) at their point of connection to the domestic water supply. 6) All manufacturing equipment installed to the domestic water supply will be required to be inspected to see if backflow protection is required either by city ordinance, EPA regulations or the State of Illinois Plumbing Code. F. Section 890.1190 Water Supply Control Valves and Meter, subsection (a) shall be amended to read as follows: A full-port shut-off valve shall be located near the curb or property line. G. Section 890.1190 Water Supply Control Valves and Meter, subsection (b) shall be amended to read as follows: The utility meter must be installed inside the building, with the exception of landscaping systems. Full Port Ball Valves shall be installed on the inlet and outlet side of the water meter. All meters shall be provided with a drip valve installed between the meter discharge and the shut-off valve. All meters three inches (3”) and larger will be required to have a by-pass, at least fifty percent (50%) the size of the meter, installed around the meter with a locking type ball valve installed on it. The locking valve will be on the inlet side of any devices installed on the by-pass. If a RPZ is required on the building service the by-pass will tie back in on the building side of the RPZ and will have a RPZ installed on the by-pass. H. Section 890.1200 Water Service Sizing, subsection (a), shall be amended to read as follows: Water Service Pipe Sizing. The water service pipe from the street main (including the tap) to the water distribution system for the building shall be sized in accordance with Appendix A, Tables M, N, O, P and Q. Water service pipe and fittings shall be at least one (1) inch nominal diameter I.D. Type K copper. If flushometers or other devices requiring a high rate of water flow are used, the water service pipe shall be designed and installed to provide this additional flow. VOLUME LXXIV APRIL 8, 2009 287 I. Section 890.1200 Water Service Sizing, shall be amended to add subsection (d) to read as follows: d) Separate Water Services. 1) Separate water services shall be required from the street main for each residential unit that will be separately metered. 2) Any services run through a porch box must be either sleeved with ductile iron sealed (watertight) sleeve or the porch box backfilled with washed gravel. J. Section 890.1360 Sanitary Wastes Below Sewer, subsection (a) shall be amended to read as follows: Sanitary wastes which cannot be discharged by gravity flow shall be discharged into a gas-tight, covered and vented sump from which the waste shall be lifted and discharged into a sanitary waste drain by automatic pumping equipment. The discharge from all plumbing fixtures and floor drains below the rim elevation of the nearest downstream manhole shall be lifted and discharged by automatic pumping equipment into the sanitary waste. K. Section 890.1360 Sanitary Wastes Below Sewer, subsection (b) shall be amended to read as follows: Design. Sump and pumping equipment shall be designed and installed to discharge, during the pumping cycle, all contents accumulated in the sump except for sump contents that must remain in the sump for the continued proper operation of the pumping equipment (e.g., contents needed to submerge or prime the pump) according to the manufacturer‟s recommendations. Sump pits shall be a minimum of eighteen (18) inches in diameter and a minimum of thirty (30) inches in depth. An ejector pump with a minimum two (2) inch discharge shall be installed in all pits discharging into the sanitary system. L. Section 890.1360 Sanitary Wastes Below Sewer, subsection (e) shall be amended to read as follows: Vent Sizes. Building sump vents shall be sized in accordance with Appendix A: Table K, but shall be a minimum of two (2”) inches. APRIL 8, 2009 VOLUME LXXIV 288 M. Section 890.1380 Storm Water Drainage Within a Building, shall be amended to add subsection (a) to read as follows: The provisions of Chapter 11, “Storm Drainage” and “Appendix B” of the 2006 International Plumbing Code for design and installation procedures of roof drain systems shall apply, with the following amendment. Section 1113.1.2 Sump Pits, shall be amended to read as follows: The sump pits shall not be less than 18 inches in diameter and 30 inches deep, unless otherwise approved. The pit shall be accessible and located such that all drainage flows into the pit by gravity. The sump pit shall be constructed of tile, steel, plastic, cast iron, concrete or other approved material, with a removal cover adequate to support anticipated loads in the area of use. The pit floor shall be solid and provide permanent support for the pump (see Section 890.Appendix J, Illustration K for piping layout). 1) A one inch (1”) air gap is required for sump pump discharge into storm sewers. 2) Sump pits (sub soil storm water drainage) are required to be vented with a 2” minimum sized vent connecting to the radon reduction system. 3) All horizontal runs of the primary storm drainage piping above grade, including drain heads and roof pans, shall be insulated with ½” fiberglass insulation. N. Section 890.1420 Stack Vents, Vent Stacks, Main Vents, subsection (e) shall be amended to read as follows: Building Sump Vent Sizes. Building Sub-drain Sump Vent Sizes shall be sized in accordance with Appendix A: Table K, but shall be a minimum of two inches (2”). O. Section 890.1440 Vent Terminal Size, subsection (a), shall be amended to read as follows: Vent Terminal Size. Each vent extension through the roof shall be a minimum of four inches (4”) in diameter and no smaller than the vent in which it terminates. Vent terminals shall not be screened. P. Section 890.1510 Stack Venting, shall be deleted in its entirety. VOLUME LXXIV APRIL 8, 2009 289 Q. Section 890 Appendix A – Plumbing Materials, Equipment, Use Restrictions and Applicable Standards, shall be amended as follows: Table A – Approved Building Drainage/Vent Pipe, the following subsections shall be deleted in their entirety: 1) Acrylonitrite Butadiene Styrene (ABS) Pipe Table A – Approved Building Drainage/Vent Pipe, Agency Notes, the following agency note shall be amended to read as follows: Agency Note 4: PVC pipe with cellular core is approved only for gravity drainage and venting above ground. It is not approved for pressurized drain, waste or venting applications. Table A – Approved Materials for Building Sewer, the following subsections shall be deleted in their entirety: 2) Asbestos Cement Pipe 3) Bituminized Fiber Pipe 6) Concrete Pipe Table A – Approved Materials for Water Service Pipe, the following subsections shall be deleted in their entirety: 1) Acrylonitrite Butadiene Styrene (ABS) Pipe 2) Brass Pipe 4) Chlorinated Polyvinyl Chloride (CPVC) Pipe 7) Galvanized Steel Pipe 8) Poly Butylene (PB) Pipe 9) Polyethelene (PE) Pipe 10) Polyethelene (PE) Tubing 11) Polyvinyl Chloride (PVC) Pipe APRIL 8, 2009 VOLUME LXXIV 290 Table A – Approved Materials for Water Distribution Pipe, the following subsections shall be deleted in their entirety: 2) Chlorinated Polyvinyl Chloride (CPVC) Pipe 5) Cross Linked Polyethylene 7) Poly Butylene (PB) Pipe/Tubing Table A – Approved Materials and Standards for Plumbing Fixtures and Fixture Fittings, the following subparagraph should be amended as follows: 5) Fittings: Plumbing Fixture Fittings (Water stop valve bodies shall be constructed of brass, stainless steel, Or other metallic material as approved by the Building Official). 16.20.090: LOW PRESSURE GAS PIPING AND GAS APPLIANCE CODE. For the purpose of establishing rules and regulations for the installation, repair and alteration of low pressure gas piping and appliances, the code known as National Fire Protection Association (N.F.P.A.) Pamphlet No. 54 entitled, “Installation of Gas Appliances and Gas Piping,” 2006 Edition, as adopted and amended by Chapter 16.32 of the Elgin Municipal Code, 1976, as amended, shall apply with the following amendments: Section 5.6.3.4. Corrugated Stainless Steel, shall be amended to read as follows: Corrugated stainless steel tubing shall be listed in accordance with ANSI LC1/CSA 6.26, “Fuel Gas Piping Systems Using Corrugated Stainless Steel Tubing,” and shall be used only where required by specific manufacturers‟ installation instructions. All interior gas piping is required to be Schedule 40 black iron pipe (ASTM A 53) from the meter to the appliance/equipment connector with the following exceptions: An approved flexible connector may be used for appliances such as clothes dryers, cook tops and stoves provided that the connectors are UL approved and the manufacturer‟s instructions do not prohibit such a connection. VOLUME LXXIV APRIL 8, 2009 291 16.20.100: CONFLICTS WITH OTHER PROVISIONS. When a provision of this chapter conflicts with any other provision of this code regulating the same subject matter, the more stringent or restrictive provision shall apply. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Passed: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 9, 2009 Published: April 10, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Hotel/Motel Tax Report – February, 2009 Sales Tax Report – March, 2009 Telecommunications Tax Report – March, 2009 Centre Advisory Board – Minutes of January 8, 2009 Elgin Heritage Commission/Design Review subcommittee – Minutes of February 10, 2009 Elgin Police Pension Fund (Investment Committee) – Minutes of November 20, 2008 Elgin Police Pension Fund (Investment Committee) – Minutes of December 18, 2008 Elgin Police Pension Fund (Investment Committee) – Minutes of January 15, 2009 Elgin Police Pension Fund (Board of Trustees) – Minutes of January 22, 2009 Parks and Recreation Advisory Board – Minutes of January 27, 2009 Planning and Development Commission – Minutes of December 1, 2008 Zoning and Subdivision Hearing Board – Minutes of January 7, 2009 Zoning and Subdivision Hearing Board – Minutes of March 4, 2009 APRIL 8, 2009 VOLUME LXXIV 292 Committee of the Whole Minutes – March 4, 2009 City Council Minutes – March 4, 2009 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. Councilmember Figueroa congratulated the newly elected council members and thanked the citizens of Elgin for allowing him to serve them over the past ten years. He said he was proud of the accomplishments that had been achieved during that time. Councilmember Gilliam said that he was pleased to have worked with Councilmember Figueroa and those sentiments were echoed by Councilmembers Kaptain and Steffen and Mayor Schock. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:20 p.m. s/ Diane Robertson April 29, 2009 Diane Robertson, City Clerk Date Approved