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OCTOBER 24, 2012 VOLUME LXXVII
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 October 24, 2012,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:35 p.m. The
Invocation was given by Jim Pluymert, Administer Justice, and the Pledge of Allegiance was led
by Councilmember John Prigge.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Absent: None.
MINUTES OF THE OCTOBER 10, 2012, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve the
October 10, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays:
None.
RECOGNIZE PERSONS PRESENT
Terry Gavin expressed his concerns over the proposed water and sewer study, to be conducted by
Strand and Associates, and the stormwater policy.
Rick Floyd, of Sherman Hospital, commented on Sherman’s recent partnership with Advocate
Health. He explained the impact it would have on services at the hospital.
Chuck Keysor expressed his opposition to a stormwater tax. He also noted that he would be
asking city council candidates for their position on this topic.
Andrew Cumming invited the public to attend a Fair Trade Fair being held at Zion Lutheran
Church on October 27th.
Christine Jungles urged the Council to vote no on the proposed code change that would require
residential sprinklers. She stated her concerns about the additional cost to a home from this
requirement.
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Ron Ewing stated his concerns about the proposed residential sprinkler ordinance. He cited
issues regarding costs to the home, potential water damage, and increase in insurance premiums.
Tom Miller stated his full support of the residential sprinkler ordinances and felt the regulations
could go even further to help protect lives and property.
BID 12-055 AWARDED TO LAYNE CHRISTENSEN CO. FOR REPAIRS TO DEEP
WELLS #4, #3, AND #6 ($122,987)
Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve a
contract with Layne Christensen Co. in the amount of $122,987 for repairs to deep wells #3, #4,
and #6. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge,
Steffen, and Mayor Kaptain. Nays: None.
PETITION 34-12 APPROVED CONDITIONAL USE APPROVAL TO ESTABLISH A
PERSONNEL SUPPLY SERVICE AT 100 EAST CHICAGO STREET, SUITE 502
Marc Mylott, Community Development Director, provided an overview of the project and noted
that approval was recommended subject to the conditions outlined in the packet.
Councilmember Powell made a motion, seconded by Councilmember Gilliam, to approve
Petition 34-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gilliam,
Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne.
RESOLUTION 12-159 ADOPTED APPROVING CHANGE ORDER NO. 1 FOR THE
CONTRACT WITH TROTTER AND ASSOCIATES, INC. FOR THE LORD STREET
CSO BASIN GREEN INFRASTRUCTURE RETROFIT PROJECT
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Moeller abstained.
Resolution No. 12-159
RESOLUTION
APPROVING CHANGE ORDER NO. 1 FOR THE CONTRACT WITH TROTTER
AND ASSOCIATES, INC. FOR THE LORD STREET CSO
BASIN GREEN INFRASTRUCTURE RETROFIT PROJECT
WHEREAS, the City of Elgin has heretofore entered into a contract with Trotter and
Associates, Inc. for the Lord Street CSO Basin Green Infrastructure Retrofit Project; and
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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 Sean R, Stegall, 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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Adopted: October 24, 2012
Vote: Yeas: 6 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G72-12 PASSED ADOPTING THE INTERNATIONAL RESIDENTIAL
CODE 2012 AS THE ONE AND TWO FAMILY DWELLING CODE OF THE CITY OF
ELGIN
Councilmember Prigge stated his opposition to the residential sprinkler provision contained in
the proposed code changes.
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Ordinance No. G72-12
AN ORDINANCE
ADOPTING THE INTERNATIONAL RESIDENTIAL CODE 2012
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:
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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 2012, 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 2012 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 2012 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, 5 and 10 shall be deleted in
their entirety.
Section R102.8 Historic Buildings, shall be created to read as follows:
The provisions of this chapter relating to the construction, repair, alteration, addition,
restoration and movement of structures, and change of occupancy, shall not be mandatory
for exterior architectural features of historic buildings where such exterior architectural
features are judged by the building official to not constitute a distinct life safety hazard.
For the purposes of this chapter, “Historic Building” shall mean a building that is listed in
or eligible for listing in the National Register of Historic Places, or that is designated as
historic under state or local law, or that is eligible for designation as a landmark or a
historically/architecturally significant residential structure under Title 20 of the Elgin
Municipal Code, 1976, as amended.
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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.
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
Topographic effects – No
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
Table R301.7 Allowable Deflection of Structural Members, shall be amended to read as follows:
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TABLE R301.7
ALLOWABLE DEFLECTION OF STRUCTURAL MEMBERS a, b, c, d, e
STRUCTURAL MEMBERS
ALLOWABLE
DEFLECTION
Rafters having slopes greater than 3:12 with no finished ceiling
attached to rafters
L/180
Interior walls and partitions H/180
Floors and plaster ceilings f L/360
All other structural members L/240
Exterior walls with plaster or stucco finish H/360
Exterior walls—wind loads a with brittle finishes H/240
Exterior walls—wind loads a with flexible finishes L/120 d
Lintels supporting masonry veneer walls e L/600
Note: L = span length, H = span height
a. The wind load shall be permitted to be taken as 0.7 times the Component and Cladding loads for the purpose of
determining deflection limits herein.
b. For cantilever members, L shall be taken as twice the length of the cantilever.
c. For aluminium structural members or panels used in roofs or walls of sunroom additions or patio covers, not
supporting edges of glass or sandwich panels, the total load deflection shall not exceed L/60. For continuous
aluminium structural members supporting edge of glass, the tota l load deflection shall not exceed L/175 for each
glass lite or L/60 for the entire length of the member, whichever is more stringent. For sandwich panels used in roofs
or walls of sunroom additions or patio covers, the total load deflection shall not exce ed L/120.
d. Deflection for exterior walls with interior gypsum board finish shall be limited to an allowable deflection of
H/180.
e. Refer to Section R703.7.2.
f. Refer to Section R502.11.1 amended for wood truss deflection.
Section R302.2 Townhouses, shall be amended to read as follows:
Each townhouse shall be considered a separate building and shall be separated by fire-
resistance-rated wall assemblies meeting the requirements of Section R302.1 for exterior
walls.
Exception: A common 2-hour fire-resistance-rated wall is permitted for townhouses if
such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity
of the common wall. The wall shall be rated for fire exposure from both sides and shall
extend to and be tight against exterior walls and the underside of the roof sheathing.
Electrical installations shall be installed in accordance with the applicable provisions of
Chapter 16.24 of the Elgin Municipal Code, 1976, as amended. Penetrations of electrical
outlet boxes shall be in accordance with Section R302.4
Section R302.3 Exception No. 2, shall be deleted
Section R302.5.2.1 Ducts in garages, shall be created to read as follows:
Ducts in the garage shall be enclosed with 5/8” fire code type gypsum board or
equivalent.
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Section R302.5.2.2 Installation of heating units in garages, shall be created to read as follows:
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 the garage space shall be installed. Doors are not permitted common to the
heater room or fuel burning appliance room and the 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.
Section R 302.6 Dwelling/garage fire separation, shall be amended to read as follows:
The garage shall be separated from the residence and its attic as required by Table R302.6
and/or 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.
Table R302.6 Dwelling/Garage Separations, shall be amended to read as follows:
TABLE R302.6
DWELLING/GARAGE SEPARATION
SEPARATION MATERIAL
From the residence and attics
Not less than ⅝-inch Type X gypsum board or
equivalent applied to both sides
From all habitable rooms above the garage
Not less than 2 layers of ⅝-inch Type X
gypsum board on the ceiling and 1 layer of ⅝-
inch Type X gypsum board on all walls or
equivalent
Structure(s) supporting floor/ceiling assemblies
used for separation required by this section
Not less than ⅝-inch Type X gypsum board or
equivalent
Garages located less than 3 feet from a
dwelling unit on the same lot
Not less than ⅝-inch Type X gypsum board or
equivalent applied to the interior of the exterior
walls that are within this area
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Section R302.7 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 R303.3 Bathrooms, shall be amended to read as follows:
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 R305.1.1 Basements, shall be amended to read as follows:
The bottom edge of the floor joists in basements without habitable spaces may project to
within 7 feet 6 inches (2185 mm) of the finished floor, and beams, girders, ducts or other
obstructions may project to within 6 feet 9 inches (2032 mm) of the finished floor.
Section R309.1 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 R309.6 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
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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
(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 R309.7 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 R309.8 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.)
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Section R 310.1.2 Minimum opening height, shall be amended to read as follows:
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 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 R313.1 Townhouse automatic fire sprinkler system, shall be amended to read as follows:
Where a townhouse is to be located upon land that was within the corporate limits of the
City of Elgin as of the adoption date of this ordinance, such townhouse shall include fire
sprinkler protection in the basement area only. This fire sprinkler system can be part of
the domestic water system, without backflow prevention, as long as the system is a
looped system with no dead-ends in excess of 2 feet.
Exceptions:
1. When wood I-joists or open web trusses are used and protected with a ½-inch gypsum
wallboard membrane, 5/8-inch wood structural membrane, or equivalent on the
underside of the floor framing member.
2. Wood floor assemblies using dimensional lumber or structural composite lumber
equal to or greater than 2-inch by 10-inch nominal dimension, or other approved floor
assemblies demonstrating equivalent fire protection.
3. An automatic residential fire sprinkler system shall not be required when additions or
alterations are made to existing townhouses that do not have an automatic residential
fire sprinkler system installed.
In all such instances above, the general contractor shall be responsible for ensuring that
the homeowner is advised of the availability and benefits of a full automatic fire sprinkler
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system (NFPA 13D compliant). Such notification shall be on a form provided by the
City of Elgin and include the printed name and signature of the homeowner.
Where a townhouse is to be located upon land annexed to the City of Elgin after the
adoption date of this ordinance, a full fire sprinkler system shall be required, installed in
accordance with NFPA 13D. This system shall include backflow protection by use of a
double check valve.
Section R313.2 One- and two-family dwellings automatic fire sprinkler systems, shall be
amended to read as follows:
Where a one- and two-family dwelling is to be located upon land that was located within
the City of Elgin as of the adoption date of this ordinance, such one- and two-family
dwelling shall include fire sprinkler protection in the basement area only. This fire
sprinkler system can be part of the domestic water system, without backflow prevention,
as long as the system is a looped system with no dead-ends in excess of 2 feet.
Exceptions:
1. When wood I-joists or open web trusses are used and protected with a ½-inch gypsum
wallboard membrane, 5/8-inch wood structural membrane, or equivalent on the
underside of the floor framing member.
2. Wood floor assemblies using dimensional lumber or structural composite lumber
equal to or greater than 2-inch by 10-inch nominal dimension, or other approved floor
assemblies demonstrating equivalent fire protection.
3. An automatic residential fire sprinkler system shall not be required when additions or
alterations are made to existing one- and two-family dwellings that do not have an
automatic residential fire sprinkler system installed.
In all such instances above, the general contractor shall be responsible for ensuring that
the homeowner is advised of the availability and benefits of a full automatic fire sprinkler
system (NFPA 13D compliant). Such notification shall be on a form provided by the
City of Elgin and include the printed name and signature of the homeowner.
Where a one- and two-family dwelling is to be located upon land annexed to the City of
Elgin after the adoption date of this ordinance, a full fire sprinkler system shall be
required, installed in accordance with NFPA 13D. This system shall include backflow
protection by use of a double check valve.
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Section R314.3 Location, shall be amended to read as follows:
Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each sleeping area within 15 feet of the bedroom doors.
3. On each additional story of the dwelling, including basements and habitable attics but
not including crawl spaces and uninhabitable attics. In dwellings or dwelling units
with split level and without an intervening door between adjacent levels, a smoke
alarm installed on the upper level shall suffice for the adjacent lower level provided
that the lower level is less than one full story below the upper level.
Section R315.1 Carbon monoxide alarms, shall be amended to read as follows:
For new construction, an approved carbon monoxide alarm shall be installed outside each
separate sleeping area within 15 feet of the bedroom doors in dwelling units within which
fuel-fired appliances are installed and in dwelling units that have attached garages.
Section R319.1 Address numbers, shall be amended to read as follows:
Buildings shall have approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background. Address
numbers shall be Arabic numbers. Numbers shall be a minimum of 5” (102mm) high
with a minimum stroke of ½” inch (12.7mm). Where access is by means of a private road
and the building address cannot be viewed from the public way, a monument, pole or
other sign or means shall be used to identify the structure.
Section R401.1 Applications, shall be amended to read as follows:
The provisions of this chapter shall control the design and construction of the foundation
and foundation spaces for all buildings. In addition to the provisions of this chapter, the
design and construction of foundations in flood hazard areas as established by Table
R301.2(1) shall meet the provisions of Section R322. Any other provisions of this
chapter to the contrary notwithstanding, wood foundations shall not be permitted in the
city.
Section R402.1 Wood foundations, Section R402.1.1 Fasteners, and Section R402.1.2 Wood
Treatment, shall be deleted in their entirety.
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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)
TYPE OR LOCATION OF CONCRETE
CONSTRUCTION Negligible Moderate Severe
Basement walls, foundation walls, exterior
walls and other vertical concrete work
exposed to the weather 2,500 3,000d 3,000d
Basement slabs and interior slabs on grade,
except garage floor slabs 2,500 2,500 3,500
Basement walls, foundation walls, exterior
walls and other vertical concrete work
exposed to the weather 2,500 3,000d 3,000d
Porches, carport slabs and steps exposed to
the weather, and garage floor slabs. 2,500 3,000d,e,f, 4,000d,e,f
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 co ntent (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.
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R403.1.3.2 Slabs-on-ground with turned-down footings, shall be amended to read as follows:
Slabs-on-ground, cast monolithically, 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.
Where the slab is not cast monolithically with the footing, No. 3 or larger vertical dowels
with standard hooks on each end shall be provided in accordance with Figure R403.1.3.2.
Standard hooks shall comply with Section R611.5.4.5.
Exception: Garage foundations and slabs shall be constructed per Illustration A.
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 R404.1.2.2 Reinforcement for foundation walls, shall be amended to read as follows:
Concrete walls shall be laterally supported at the top and bottom 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. Vertical reinforcement shall be provided in
accordance with Table R404.1.2(2), R404.1.2(3), R404.1.2(4), R404.1.2(5), R404.1.2(6),
R404.1.2(7) or R404.1.2(8). Vertical reinforcement for flat basement walls retaining 4
feet (1219 mm) or more of unbalanced backfill is permitted to be determined in
accordance with Table R404.1.2(9). For basement walls supporting above-grade concrete
walls, vertical reinforcement shall be the greater of that required by Tables R404.1.2(2)
through R404.1.2(8) or by Section R611.6 for the above-grade wall. In buildings assigned
to Seismic Design Category D0, D1 or D2 concrete foundation walls shall also comply
with Section R404.1.4.2.
Section R404.1.2.3.7.3 Wall openings, shall be amended 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, section R404.2.1 Identification, section R404.2.2 S tud
size, section R404.2.3 Height of backfill, section R404.2.4 Backfilling, section R404.2.5
Drainage and dampproofing, and section R404.2.6 Fastening, shall be deleted in their entirety.
OCTOBER 24, 2012 VOLUME LXXVII
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Section R405.2, Wood foundations, section R405.2.1 Base, section R405.2.2 Vapor retarder, and
section R405.2.3 Drainage system, shall be deleted in their entirety
Sections R406.3 Dampproofing 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:
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”. When wood I-joists are used for floor framing they shall
be installed no more than 16 inches on center.
Section R502.1.8 Prefabricated wood open-web trusses, shall be created to read as follows:
When open-web trusses are used for floor framing they shall be installed no more than16
inches on center.
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 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”.
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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)
SPAN
RATING
MINIMUM
NOMINAL
PANEL
THICKNESS
(inches)
ALLOWABLE LIVE
LOAD (psf)h,l
MAXIMUM SPAN
(inches)
LOAD (pounds per
square foot, at
maximum span)
MAX.
SPAN
(inches) SPAN
@ 16”
o.c.
SPAN
@ 24”
o.c.
With
edge
support
Without
edge
support
Total
load
Live
load
Sheathinge Rooff Subfloorj
16/0 1/2, 5/8 30 --- 16 16 40 30 0
20/0 5/8 50 --- 20 20 40 30 0
24/0 5/8 100 30 24 20g 40 30 0
24/16 5/8 100 40 24 24 50 40 16
32/16 5/8 180 70 32 28 40 30 16h
40/20 5/8 305 130 40 32 40 30 20h, i
48/24 23/32,3/4,7/
8
--- 175 48 36 45 35 24
60/32 7/8 --- 305 60 48 45 35 32
Underlayment, C-C plugged,
single floore
Rooff
Comb.
Subfloor
underlay
mentk
16 o.c. 5/8 100 40 24 24 50 40 16i
20 o.c. 5/8 150 60 32 32 40 30 20i, j
24 o.c. 23/32, 3/4 240 100 48 36 35 25 24
32 o.c. 7/8 --- 185 48 40 50 40 32
48 o.c. 1 3/32, 1 1/8 --- 290 60 48 50 40 48
For SI 1 inch =25.4 mm, 1 pound per square foot = 0.0479 kN/m 2
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 (strength axis) 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 ¾ 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 ¼ inch thick underlayment with end and edge joints offset at least 2 inches or 1.5 inches of lightweight
concrete or approved cellular concrete is placed over the subfloor, or ¾ 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.
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j. Unsupported edges shall have tongue-and-groove joints or shall be supported by blocking unless nominal ¼
inch thick underlayment with end and edge joints offset at least 2 inches or ¾ 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 unifor m
load at maximum span.
k. Unsupported edges shall have tongue -and-groove joints or shall be supported by blocking unless nominal ¼-
inch-thick underlayment with end and edge joints offset at least 2 inches or ¾-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 100 psf, except panels with span rating of 48 on center are limited to 65 psf total uniform load
at maximum span.
l. Allowable live load values at spans of 16” o.c. and 24” o.c. taken from reference standard APA E30, APA
Engineered Wood Construction Guide. Refer to reference standard for allowable spans not listed in the table.
Section R507.2.3 Deck lateral load connection, shall be amended to read as follows:
The lateral load connection required by Section R507.2.2 shall be permitted to be in
accordance with Figure R507.2.3. Hold-down tension devices shall be installed in not
less than two locations per deck, and each device shall have an allowable stress design
capacity of not less than 1500 pounds (6672 N). Decks that are 4 feet, or higher, above
grade shall be submitted with architectural/structural plans.
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.
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.
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.
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.
Section R703.13 Corrugated siding, shall be created as follows:
The use of corrugated plastic siding material shall be prohibited.
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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 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 R1003.9.2 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 1003.9.2.
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Section M1201.2 Application, shall be amended as follows:
In addition to the general administration requirements of chapter 1 of the International
Residential Code 2012, as amended by this Chapter 16.36, the administration provisions
of chapter 12 of the International Residential Code 2012, as amended by this Chapter
16.36, shall also apply to the mechanical requirements of chapters 13 through 24 of the
International Residential Code 2012, as amended by this Chapter 16.36.
Section M1301.1 Scope, shall be amended to read as follows:
The provisions of chapter 13 of the International Residential Code 2012, 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 2012, 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. The clear access opening dimensions
shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to
allow removal of the largest appliance.
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, and 20 of
the International Residential Code 2012, as amended by this Chapter 16.36, and Chapter
16.24 of the Elgin Municipal Code, 1976, as amended.
VOLUME LXXVII OCTOBER 24, 2012
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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 M1401.3 Sizing, shall be amended to read as follows:
Heating and cooling equipment and appliances shall be sized in accordance with ACCA
Manual S based on building loads calculated in accordance with ACCA Manual J or
other approved heating and cooling calculation methodologies. Heating and cooling loads
shall be shown on permit plans. Equipment capacities, including heating, cooling and
airflow at 0.5” s.p., shall be shown on the permit plans. Additionally, the supply air,
return air, exhaust air, and outdoor ventilation air registers, grilles, and/or louvers
locations, sizes and air quantities shall be shown on the permit plans.
Section M1406.2 Clearances, shall be amended to read as follows:
Clearance for radiant heating panels or elements to any wiring, outlet boxes and junction
boxes used for installing electrical devices or mounting luminaires 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 1996.
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 M1507.2.1 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.
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Section M1601.1.01 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 M1601.1.1 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.
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:
Non-metallic ducts and/or connectors shall not be installed in non-accessible areas of any
dwelling.
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Section M1601.1.1 Aboveground duct systems, subparagraph 11, shall be created to read as
follows:
Where air diffusing supply registers 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.
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
Rectangular ducts
13" or less 26 GA
14" - 30" 24 GA
Section M1601.1.1.1 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.
Section M1601.4 Installation, shall be amended to read as follows:
Duct installation shall comply with Sections M1601.4.1 through M1601.4.9. Heating
supply air shall be distributed to all rooms.
Exception: Interior spaces mechanically vented via other systems.
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Section M1602.1.1 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 M1901.3 Prohibited locations, shall be amended to read as follows:
Cooking appliances designed, tested, listed and labelled for use in commercial
occupancies shall not be installed within dwelling units or within any area where
domestic cooking operations occur without obtaining a permit for such installations.
Approval of such installations will require that a properly engineered exhaust system be
installed
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.
Section G2406.2 (303.3) Prohibited locations, shall be amended as follows:
Exceptions 3 and 4 shall be deleted in their entirety.
Section G2407.5.1 (304.5.1) Standard Method, shall be amended to read as follows:
The minimum required volume shall be 100 cubic feet per 1,000 BTU/H (4.8m3/kw).
Section G2410.2 (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 G2415.2 CSST, shall be deleted in its entirety.
VOLUME LXXVII OCTOBER 24, 2012
501
Section G2445.5 (621.5) Room or space volume, shall be amended to read 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.
Section G2447.2 (623.2) Prohibited location, shall be amended to read as follows:
Cooking appliances designed, tested, listed and labelled for use in commercial
occupancies shall not be installed within dwelling units or within any area where
domestic cooking operations occur without obtaining a permit for such installations.
Approval of such installations will require that a properly engineered exhaust system be
installed.
Chapters 26 through 43, 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:
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.
OCTOBER 24, 2012 VOLUME LXXVII
502
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.
Section AJ501.7 Ceiling height, shall be amended to read as such:
Spaces created in existing basements, such as recreation rooms, laundry rooms, study
rooms, and bathrooms, shall have a ceiling height of not less than 6 feet 8 inches.
Obstructions may project to within 6 feet 4 inches of the basement floor. All other
habitable spaces created in existing basements shall have a minimum ceiling height of
7 feet 0 inches. Existing finished ceiling heights in nonhabitable spaces in basements
shall not be reduced.
Section AJ601.4 Ceiling height, shall be amended to read as such:
Spaces created in existing basements, such as recreation rooms, laundry rooms, study
rooms, and bathrooms, shall have a ceiling height of not less than 6 feet 8 inches.
Obstructions may project to within 6 feet 4 inches of the basement floor. All other
habitable spaces created in existing basements shall have a minimum ceiling height of
7 feet 0 inches. Existing finished ceiling heights in nonhabitable spaces in basements
shall not be reduced.
Appendix K, Sound Transmission, shall be deleted in its entirety.
Appendix L, Permit Fees shall be deleted in its entirety.
VOLUME LXXVII OCTOBER 24, 2012
503
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, Sizing of Water Piping Systems, 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.
16.36.030 ILLUSTRATIONS
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16.36.040 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, either as presently adopted or to be adopted or amended in
the future, 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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Vote: Yeas: 6 Nays: 1
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Moeller, to pass Ordinance Nos. G59-12 through G71-12 and adopt Resolution No. 12-158 by
omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 12-158 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73
MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXVII OCTOBER 24, 2012
509
Resolution No. 12-158
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION
ELGIN PUBLIC WORKS CHAPTER
WHEREAS, representatives of the City of Elgin and representatives of the Service
Employees International Union Local 73 Municipal Division Elgin Public Works Chapter have
met and discussed wages, fringe benefits and other working conditions; and
WHEREAS, said representatives have submitted for review and approval by the City
Council an agreement pertaining to such matters; and
WHEREAS, the City Council has reviewed said agreement and finds that it is fair and
equitable for the City of Elgin and employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of
Elgin and the Service Employees International Union Local 73 Municipal Division Elgin Public
Works Chapter, a copy of which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Kimberly A.
Dewis, City Clerk, be and are hereby authorized and directed to execute said agreement and the
side letter associated with the agreement on behalf of the City of Elgin.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Adopted: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G59-12 PASSED ESTABLISHING A PAY PLAN FOR THE PUBLIC
SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
OCTOBER 24, 2012 VOLUME LXXVII
510
Ordinance No. G59-12
AN ORDINANCE
ESTABLISHING A PAY PLAN FOR THE
PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN
WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved
negotiated settlements reached by the City of Elgin and the Public Services Employee Group;
and
WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary
plan for the Public Services Employee Group.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That effective December 19, 2011, there is hereby established the
following schedule of standard hourly, annual and monthly salary ranges for the Public Services
Employee Group.
Official Public Services "L" Group Salary Plan
Pay Step Step Step Step Step Step Step
Position Title Grade 1 2 3 4 5 6 7
WATER TREATMENT RELIEF
OPERATOR II 634 $25.2884 $27.0948 $28.9011 $30.7074 $32.5138 $34.3200 $36.1265
$52,600 $56,357 $60,114 $63,871 $67,629 $71,386 $75,143
$4,383 $4,696 $5,010 $5,323 $5,636 $5,949 $6,262
ENGINEERING INSPECTOR 633 $24.0841 $25.8046 $27.5248 $29.2451 $30.9656 $32.6857 $34.4061
INSTRUMENTATION SERVICE WORKER
$50,095 $53,673 $57,252 $60,830 $64,408 $67,986 $71,565
WATER TREATMENT OPERATOR II
$4,175 $4,473 $4,771 $5,069 $5,367 $5,666 $5,964
FLEET SERVICES LEAD MECHANIC
AUTOMOTIVE MECHANIC 631 $23.1633 $24.8178 $26.4725 $28.1269 $29.7815 $31.4359 $33.0905
CREW LEADER - SEWER
$48,180 $51,621 $55,063 $58,504 $61,945 $65,387 $68,828
CREW LEADER - STREETS
$4,015 $4,302 $4,589 $4,875 $5,162 $5,449 $5,736
CREW LEADER - TRAFFIC CONTROL
CREW LEADER-WATER DISTRIBUTION
ELECTRICAL WORKER - WATER
ELECTRICAL WORKER II -PUBLIC
WORKS
HORTICULTURALIST
VOLUME LXXVII OCTOBER 24, 2012
511
LAND MGT CREW LEADER
LEAD METER SHOP WORKER
WATER TREATMENT RELIEF
OPERATOR I 629 $21.8529 $23.4136 $24.9748 $26.5355 $28.0965 $29.6574 $31.2181
$45,454 $48,700 $51,948 $55,194 $58,441 $61,687 $64,934
$3,788 $4,058 $4,329 $4,599 $4,870 $5,141 $5,411
ARBORIST 628 $21.6982 $23.2482 $24.7980 $26.3478 $27.8977 $29.4475 $30.9974
CEMENT WORKER
$45,132 $48,356 $51,580 $54,803 $58,027 $61,251 $64,475
UTILITY MAINTENANCE MECHANIC
$3,761 $4,030 $4,298 $4,567 $4,836 $5,104 $5,373
EQUIPMENT OPERATOR - SEWERS 626 $20.8123 $22.2987 $23.7855 $25.2718 $26.7586 $28.2451 $29.7316
EQUIPMENT OPERATOR - STREETS
$43,290 $46,381 $49,474 $52,565 $55,658 $58,750 $61,842
EQUIPMENT OPERATOR - WATER DIST
$3,607 $3,865 $4,123 $4,380 $4,638 $4,896 $5,153
WATER TREATMENT OPERATOR I
AUTOMOTIVE SERVICE WORKER 624 $19.9679 $21.3940 $22.8204 $24.2468 $25.6729 $27.0994 $28.5255
ELECTRICAL WORKER I
$41,533 $44,500 $47,466 $50,433 $53,400 $56,367 $59,333
GOLF COURSE MECHANIC
$3,461 $3,708 $3,956 $4,203 $4,450 $4,697 $4,944
GREENS WORKER
LAND MGT MAINTENANCE
TECHNICIAN
LAND MGT MECHANIC
SIGNS LEAD WORKER
SPORTS COMPLEX LEAD WORKER
WATER DISTRIBUTION INSPECTOR
WATER SERVICE PERSON
LAND MGT GROUNDS WORKER 623 $19.6052 $21.0055 $22.4057 $23.8062 $25.2065 $26.6070 $28.0073
LAND MGT SAFETY INSPECTOR
$40,779 $43,691 $46,604 $49,517 $52,430 $55,343 $58,255
UTILITY WORKER - SEWERS
$3,398 $3,641 $3,884 $4,126 $4,369 $4,612 $4,855
UTILITY WORKER - STREETS
UTILITY WORKER - TRAFFIC
UTILITY WORKER - WATER DIST.
WATER METER SERVICER
WATER TREATMENT LABORER
WATER METER MAINTENANCE PERSON 620 $18.4678 $19.7870 $21.1061 $22.4252 $23.7444 $25.0633 $26.3826
WATER LABORATORY ASSISTANT
$38,413 $41,157 $43,901 $46,644 $49,388 $52,132 $54,876
SERVICE MAINT. LABORER - WATER
$3,201 $3,430 $3,658 $3,887 $4,116 $4,344 $4,573
OCTOBER 24, 2012 VOLUME LXXVII
512
GOLF LANDSCAPE SPECIALIST 613 $15.9564 $17.0959 $18.2357 $19.3754 $20.5152 $21.6547 $22.7946
LAND MGT GROUNDS LABORER
$33,189 $35,559 $37,930 $40,301 $42,672 $45,042 $47,413
$2,766 $2,963 $3,161 $3,358 $3,556 $3,753 $3,951
Section 2. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect from and after
December 19, 2011, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G60-12 PASSED ESTABLISHING A PAY AND BENEFIT PLAN FOR
CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G59-12
AN ORDINANCE
ESTABLISHING A PAY PLAN FOR THE
PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN
WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved
negotiated settlements reached by the City of Elgin and the Public Services Employee Group;
and
WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary
plan for the Public Services Employee Group.
VOLUME LXXVII OCTOBER 24, 2012
513
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That effective December 19, 2011, there is hereby established the
following schedule of standard hourly, annual and monthly salary ranges for the Public Services
Employee Group.
Official Public Services "L" Group Salary Plan
Pay Step Step Step Step Step Step Step
Position Title Grade 1 2 3 4 5 6 7
WATER TREATMENT RELIEF OPERATOR II 634 $25.2884 $27.0948 $28.9011 $30.7074 $32.5138 $34.3200 $36.1265
$52,600 $56,357 $60,114 $63,871 $67,629 $71,386 $75,143
$4,383 $4,696 $5,010 $5,323 $5,636 $5,949 $6,262
ENGINEERING INSPECTOR 633 $24.0841 $25.8046 $27.5248 $29.2451 $30.9656 $32.6857 $34.4061
INSTRUMENTATION SERVICE WORKER
$50,095 $53,673 $57,252 $60,830 $64,408 $67,986 $71,565
WATER TREATMENT OPERATOR II
$4,175 $4,473 $4,771 $5,069 $5,367 $5,666 $5,964
FLEET SERVICES LEAD MECHANIC
AUTOMOTIVE MECHANIC 631 $23.1633 $24.8178 $26.4725 $28.1269 $29.7815 $31.4359 $33.0905
CREW LEADER - SEWER
$48,180 $51,621 $55,063 $58,504 $61,945 $65,387 $68,828
CREW LEADER - STREETS
$4,015 $4,302 $4,589 $4,875 $5,162 $5,449 $5,736
CREW LEADER - TRAFFIC CONTROL
CREW LEADER-WATER DISTRIBUTION
ELECTRICAL WORKER - WATER
ELECTRICAL WORKER II -PUBLIC WORKS
HORTICULTURALIST
LAND MGT CREW LEADER
LEAD METER SHOP WORKER
WATER TREATMENT RELIEF OPERATOR I 629 $21.8529 $23.4136 $24.9748 $26.5355 $28.0965 $29.6574 $31.2181
$45,454 $48,700 $51,948 $55,194 $58,441 $61,687 $64,934
$3,788 $4,058 $4,329 $4,599 $4,870 $5,141 $5,411
ARBORIST 628 $21.6982 $23.2482 $24.7980 $26.3478 $27.8977 $29.4475 $30.9974
CEMENT WORKER
$45,132 $48,356 $51,580 $54,803 $58,027 $61,251 $64,475
UTILITY MAINTENANCE MECHANIC
$3,761 $4,030 $4,298 $4,567 $4,836 $5,104 $5,373
EQUIPMENT OPERATOR - SEWERS 626 $20.8123 $22.2987 $23.7855 $25.2718 $26.7586 $28.2451 $29.7316
EQUIPMENT OPERATOR - STREETS
$43,290 $46,381 $49,474 $52,565 $55,658 $58,750 $61,842
OCTOBER 24, 2012 VOLUME LXXVII
514
EQUIPMENT OPERATOR - WATER DIST
$3,607 $3,865 $4,123 $4,380 $4,638 $4,896 $5,153
WATER TREATMENT OPERATOR I
AUTOMOTIVE SERVICE WORKER 624 $19.9679 $21.3940 $22.8204 $24.2468 $25.6729 $27.0994 $28.5255
ELECTRICAL WORKER I
$41,533 $44,500 $47,466 $50,433 $53,400 $56,367 $59,333
GOLF COURSE MECHANIC
$3,461 $3,708 $3,956 $4,203 $4,450 $4,697 $4,944
GREENS WORKER
LAND MGT MAINTENANCE TECHNICIAN
LAND MGT MECHANIC
SIGNS LEAD WORKER
SPORTS COMPLEX LEAD WORKER
WATER DISTRIBUTION INSPECTOR
WATER SERVICE PERSON
LAND MGT GROUNDS WORKER 623 $19.6052 $21.0055 $22.4057 $23.8062 $25.2065 $26.6070 $28.0073
LAND MGT SAFETY INSPECTOR
$40,779 $43,691 $46,604 $49,517 $52,430 $55,343 $58,255
UTILITY WORKER - SEWERS
$3,398 $3,641 $3,884 $4,126 $4,369 $4,612 $4,855
UTILITY WORKER - STREETS
UTILITY WORKER - TRAFFIC
UTILITY WORKER - WATER DIST.
WATER METER SERVICER
WATER TREATMENT LABORER
WATER METER MAINTENANCE PERSON 620 $18.4678 $19.7870 $21.1061 $22.4252 $23.7444 $25.0633 $26.3826
WATER LABORATORY ASSISTANT
$38,413 $41,157 $43,901 $46,644 $49,388 $52,132 $54,876
SERVICE MAINT. LABORER - WATER
$3,201 $3,430 $3,658 $3,887 $4,116 $4,344 $4,573
GOLF LANDSCAPE SPECIALIST 613 $15.9564 $17.0959 $18.2357 $19.3754 $20.5152 $21.6547 $22.7946
LAND MGT GROUNDS LABORER
$33,189 $35,559 $37,930 $40,301 $42,672 $45,042 $47,413
$2,766 $2,963 $3,161 $3,358 $3,556 $3,753 $3,951
Section 2. That all ordinances in conflict with the provisions of this ordinance are
hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect from and after
December 19, 2011, upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXVII OCTOBER 24, 2012
515
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G61-12 PASSED AMENDING CHAPTER 6.42 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PAWNBROKERS"
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G61-12
AN ORDINANCE
AMENDING CHAPTER 6.42 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "PAWNBROKERS"
WHEREAS, 65 ILCS 5/11-42-5 provides in part that the corporate authorities of each
municipality may license, tax, regulate, or prohibit pawnbrokers; and
WHEREAS, the City of Elgin is a home-rule unit; and
WHEREAS, pursuant to Article 7, Section 6 of the Constitution of the State of Illinois,
the City of Elgin, as a home-rule unit, may exercise any power and perform any function
pertaining to its government and affairs, including, but not limited to, the power to regulate for
the protection of the public health, safety, morals and welfare, and to license; and
WHEREAS, Elgin Municipal Code Chapter 6.42 currently provides that no person, firm
or corporation shall conduct or operate the business of a pawnbroker within the corporate limits
of the city; and
WHEREAS, the city council of the City of Elgin has determined that it is desirable to
allow a limited number of pawnbrokers in the city subject to licensing and other regulations; and
OCTOBER 24, 2012 VOLUME LXXVII
516
WHEREAS, the regulation of pawnbrokers through licensing and other regulations is
necessary to deter and detect crime and to otherwise protect the public health, safety, morals and
welfare relating to the operations by pawnbrokers; and
WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering
stolen property relates to the protection of the public health, safety, morals and welfare and
pertains to the government and affairs of the City of Elgin; and
WHEREAS, the city council of the City of Elgin has determined that it is necessary and
desirable to amend the regulations regarding pawnbrokers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 6.42.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended by adding to the listing of definitions
within such section the following additional definitions:
"INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually
identifiable by a serial number; or other applied numbers, letters, characters or
markings; or other unique features that serve to distinguish it from any other
similar article and can be used to establish ownership of the article."
"PRECIOUS METALS: Articles consisting primarily of the elements of gold
(chemical symbol Au), silver (chemical symbol Ag), platinum (chemical symbol
Pt) or palladium (chemical symbol Pd), but not including articles merely plated
with these metals or articles similar in color to these metals but not actually
consisting of them."
Section 2. That Section 6.42.020 of the Elgin Municipal Code, 1976, as amended,
entitled "License Required" be and is hereby further amended by amending subparagraph A
thereof to read as follows:
"A. No person, either as owner, manager, lessee, officer or agent, or in any
other capacity, shall operate or permit to be operated a pawnbroker
establishment without first having obtained a license from the city to do
so. The license fee shall be due and payable on or before February 1 of
each year. The requisite fee shall accompany all original or renewal
applications. Such licenses shall expire on January 31 of the following
year. Failure or neglect to pay the requisite license fee in a timely manner
shall be cause for denial of issuance or nonrenewal or revocation as the
case may be."
VOLUME LXXVII OCTOBER 24, 2012
517
Section 3. That Section 6.42.130 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited Purchases" be and is hereby further amended by amending subparagraph C
thereof to read as follows:
"C. Where the seller fails to present at least one form of approved
identification that contains the seller's full legal name, residence address
and a photograph, as required in subsection 6.42.160 of this chapter."
Section 4. That Section 6.42.160 of the Elgin Municipal Code, 1976, as amended,
entitled "Records of Purchases" be and is hereby amended to read as follows:
"6.42.160: RECORD OF TRANSACTIONS:
Throughout the term of the license, every pawnbroker shall report/upload to
LeadsOnline, or the city’s current electronic reporting system, the below listed
information for each and every transaction conducted during each day they were
open for business by the end of that business day. All information shall be
recorded in the English language.
A transaction shall consist of all articles brought into a pawnbroker for sale,
barter, trade, pledge or pawn by an individual (pawner/seller) at the same time
and date, and includes the sale of non-junk/scrap articles by a pawnbroker or
secondhand dealer to another person. Non-junk/scrap articles purchased by a
pawnbroker from another business shall not be considered to be transactions for
the purposes of this section, and are exempt from the reporting requirements of
this section, and are also exempt from the waiting period established under
Section 25-118. Articles brought into a pawnbroker by an individual
(pawner/seller) for sale, barter, trade, pledge or pawn at different times on the
same date by the same person shall be considered as separate transactions,
regardless of how short the difference in time is between those transactions.
Separate transactions, either from the same person or different persons, s hall not
be combined and reported collectively.
A. Transactions involving individually identifiable articles.
1. Purchases/receipts by licensees. Each individually identifiable
article brought in to a pawnbroker by an individual (pawner/seller) for sale, barter,
or trade during a single transaction shall be itemized separately. Licensees shall
not lump such articles together, but must provide a complete and thorough
description of each item to include the following:
a. Type of article
b. Brand name/make/manufacturer (if applicable).
c. Model number (if applicable).
d. Serial number (if applicable).
e. Color/finish.
OCTOBER 24, 2012 VOLUME LXXVII
518
f. Any other identifying marks, writing, engraving, etc.
2. A digital photograph(s) shall be taken of each individually
identifiable article, sufficiently detailed to allow reasonable identification of the
article. The digital photograph(s) shall capture any identifying numbers, marks,
writing, engraving, etc., or any other distinguishing characteristics.
a. A photographic or scanned image of a photo ID card of the
pawner/seller, sufficiently clear to allow the information on the ID to be
read. The photo ID must be a currently valid (not expired) card issued by
a government entity of the United States, and must include the seller’s first
and last name, current address, date of birth, and physical descriptors. If
the seller is selling on behalf of a company or business, the name, address,
and telephone number of such company or business shall also be
recorded/reported.
b. The date and time of the transaction.
c. A signed statement of the person from whom the property was
obtained that he or she is over eighteen (18) years of age and the legal
owner of same clear of all attachments and with the legal right to sell.
B. Transactions involving non-individually identifiable articles.
1. Non-individually identifiable articles may be recorded/reported in bulk,
but must specify the weight, type and form of the bulk material.
2. Each different type and form of non-individually identifiable
articles brought in to a pawnbroker by an individual for sale, barter, or trade
during a transaction shall be associated with the person who brought the material
in.
3. A photographic or scanned image of a photo ID card of the
pawner/seller, sufficiently clear to allow the information on the ID to be read.
The photo ID must be a currently valid (not expired) card issued by a government
entity of the United States, and must include the seller’s first and last name,
current address, date of birth, and physical descriptors. If the seller is selling on
behalf of a company or business, the name, address, and telephone number of
such company or business shall also be recorded/reported.
4. A digital photograph or, if the licensee has a video system, video
segment of each individual type & form of bulk material purchased by the
licensee shall be linked to the record of that transaction in LeadsOnline or the
city’s current electronic reporting system.
5. The date and time of the transaction.
VOLUME LXXVII OCTOBER 24, 2012
519
6. A signed statement of the person from whom the property was
obtained that he or she is over eighteen (18) years of age and the legal owner of
same clear of all attachments and with the legal right to sell.
C. Coins and paper money.
1. Purchases/receipts by licensees.
a. Coins have no distinguishing characteristics that separate
them from other coins of the same mintage, and although paper money is
serial numbered, those serial numbers are so seldom known by their last
possessor that paper money is effectively indistinguishable from other
paper money of the same denomination. Furthermore, unlike coins made
of precious metals, paper money seldom carries any value significantly
beyond the face value of the bill, and when stolen is usually used directly
as cash and not sold to a currency dealer. Accordingly, coins or paper
money brought in by an individual (pawner/seller) for sale, barter, or trade
during a single transaction do not need to be itemized individually, but
rather may be recorded/reported in bulk.
b. Coins or paper money brought in to a pawnbroker by an
individual (pawner/seller) for sale, barter, or trade during a transaction
shall be associated with the person (pawner/seller) who brought the article
in. The licensee shall record/report the following information for each
such transaction:
i. The name, current address and date of birth of the pawner/seller.
ii. A digital photographic or scanned image of a photo ID card of
the pawner/seller, sufficiently clear to allow the information on the
ID to be read. The photo ID must be a currently valid (not
expired) card issued by a government entity of the United States,
and must include the seller’s first and last name, current address,
date of birth, and physical descriptors.
iii. The date and time of the transaction.
iv. The quantities and types of coins or paper money present. If
coins are all of the same type, they shall be reported by either
quantity or weight, and type (e.g., 5 Morgan silver dollars, 25
buffalo nickels, 5 lbs. of wheat pennies, etc.). If coins are from a
collection, a description of the theme of the collection (e.g.,
Bicentennial coins, state quarters, etc.) along with the number of
coins shall be provided. If coins represent an accumulation of
disparate coins with no overall theme, a generic description of the
OCTOBER 24, 2012 VOLUME LXXVII
520
type and quantity of coins shall be provided (e.g., approximately
200 U.S. coins of miscellaneous dates & denominations,
approximately 100 foreign coins from various countries, etc.).
Paper money shall be reported by quantity and type (e.g., 25 U.S.
$5 silver certificates, etc.).
v. A signed statement of the person from whom the property was
obtained that he or she is over eighteen (18) years of age and the
legal owner of same clear of all attachments and with the legal
right to sell.
2. As a photograph of coins or paper money conveys no more
information than can be obtained from the written descriptions required by
Paragraph 3 (A)(II)(d) of this section, no photographs of coins or paper money are
required.
In the event the electronic reporting system malfunctions or is otherwise not
operational, the licensee shall, at all times during such malfunction or non-
operation, be required to keep written records of any and all transactions made
during the period of malfunction or non-operation, to include all information
required by this section. These written records shall be reported/uploaded to
LeadsOnline, or the city’s current electronic reporting system, as soon as
practicable after the electronic reporting system is functional. No such writ ten
records shall be erased, mutilated or changed. Written records shall be open and
available for review upon request by the city treasurer or any peace officer during
regular business hours."
Section 5. That Section 6.42.170 of the Elgin Municipal Code, 1976, as amended,
entitled "Reports to Chief of Police" be and is hereby further amended to read as follows:
"6.42.170: ELECTRONIC REPORTING OF TRANSACTIONS:
A. The Police Department shall enter into a contract for service and maintain
its contract for service with LeadsOnline, or a similar entity as designated
by the chief of police, in order to enhance its investigative services to
protect resale dealers and members of the general public. In the event of a
change to its electronic reporting system, the city will notify all impacted
licensees of the change within a reasonable time prior to such change.
B. Every pawnbroker shall operate and maintain a computer system with
internet access and photographic or video capability sufficient for the
electronic reporting requirements described in this article. Any failure or
malfunction of such equipment on the part of the licensee shall not exempt
the licensee from the recording/reporting requirements outlined in this
article. The licensee shall immediately notify the police department of any
such failure or malfunction, and shall have such resolved as soon as
VOLUME LXXVII OCTOBER 24, 2012
521
practicable. Failure by the licensee to resolve any failure or malfunction
of equipment in a reasonable amount of time will lead to license
revocation proceedings under Section 6.43.220 of this ordinance.
C. No pawnbroker shall be required to furnish such description of any new
property purchased by the pawnbroker from manufacturers, other retailers
or wholesale dealers having an established place of business, or of any
goods purchased at open sale, or from a bankrupt stock. Such goods must
be accompanied b y a bill of sale or other evidence of open and legitimate
purchase and shall at all times during the pawnbroker's business hours be
open to the inspection of members of the city's police department."
Section 6. That Section 6.42.190 of the Elgin Municipal Code, 1976, as amended,
entitled "Waiting Period" be and is hereby further amended to read as follows:
"No pawnbroker shall expose for sale, or sell, trade or barter, or melt,
crush/compact, destroy, or otherwise dispose of, any individually identifiable
article within ten (10) days of the time of purchasing or receiving the same.
No pawnbroker shall expose for sale, or sell, trade or barter, or melt,
crush/compact, destroy or otherwise dispose of any coins, paper money or other
non-individually identifiable articles within three (3) days of the time of
purchasing or receiving the same."
Section 8. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 9. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
OCTOBER 24, 2012 VOLUME LXXVII
522
ORDINANCE G62-12 PASSED AMENDING CHAPTER 6.43 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESALE DEALERS"
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G62-12
AN ORDINANCE
AMENDING CHAPTER 6.43 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "RESALE DEALERS"
WHEREAS, 65 ILCS 5/11-42-3 provides that the corporate authorities of each
municipality may license, tax, locate and regulate all places of business of dealers in junk,
dismantled or wrecked motor vehicles or parts thereof, rags and any second -hand article
whatsoever; and
WHEREAS, the City of Elgin is a home-rule unit; and
WHEREAS, pursuant to Article 7, Section 6 of the Constitution of the State of Illinois,
the City of Elgin, as a home-rule unit, may exercise any power and perform any function
pertaining to its government and affairs, including, but not limited to, the power to regulate for
the protection of the public health, safety, morals and welfare, and to license; and
WHEREAS, the regulation of resale shops through licensing and other regulations, is
necessary to deter and detect crime; and
WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering
stolen property relates to the protection of the public health, safety, morals and welfare and
pertains to the government and affairs of the City of Elgin; and
WHEREAS, the city council of the City of Elgin has determined that it is necessary and
desirable to amend the regulations regarding resale shops.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 6.43.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended by adding to the listing of definitions
therein the additional defined terms as follows:
"INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually
identifiable by a serial number; or other applied numbers, letters, characters or
VOLUME LXXVII OCTOBER 24, 2012
523
markings; or other unique features that serve to distinguish it from any other
similar article and can be used to establish ownership of the article.
PRECIOUS METALS: Articles consisting primarily of the elements of gold
(chemical symbol Au), silver (chemical symbol Ag), platinum (chemical symbol
Pt) or palladium (chemical symbol Pd), but not including articles merely plated
with these metals or articles similar in color to these metals but not actually
consisting of them."
Section 2. That Section 6.43.020 of the Elgin Municipal Code, 1976, as amended,
entitled "License Required" be and is hereby further amended to read as follows:
"No person, either as owner, manager, lessee, officer or agent, or in any other
capacity, shall operate or permit to be operated a resale dealership without first
having obtained a license from the city to do so. The license fee shall be due and
payable on or before February 1 of each year. The requisite fee shall accompany
all original or renewal applications. Such licenses shall expire on January 31 of
the following year. Failure or neglect to pay the requisite license fee in a timely
manner shall be cause for denial of issuance or nonrenewal or revocation as the
case may be."
Section 3. That Section 6.43.130 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited Purchases" be and is hereby further amended by amending subparagraph C
thereof to read as follows:
"Where the seller fails to present at least one form of approved identification that
contains the seller's full legal name, residence address and a photograph, as
required in subsection 6.43.150 of this chapter."
Section 4. That Section 6.43.150 of the Elgin Municipal Code, 1976, as amended,
entitled "Records of Purchases" be and is hereby further amended to read as follows:
"6.43.150: RECORDS OF TRANSACTIONS:
Throughout the term of the license, every resale dealer shall report/upload to
LeadsOnline, or the city’s current electronic reporting system, the below listed
information for each and every transaction conducted during each day they were
open for business by the end of that business day. All information shall be
recorded in the English language.
A transaction shall consist of all articles brought in to a resale dealer for sale,
barter, or trade, by an individual (seller) at the same time and date, and includes
the sale of non-junk/scrap articles by a resale dealer to another person. Articles
brought into a resale dealer by an individual (seller) for sale, barter, or trade, at
different times on the same date by the same person shall be considered as
separate transactions, regardless of how short the difference in time is between
OCTOBER 24, 2012 VOLUME LXXVII
524
those transactions. Separate transactions, either from the same person or different
persons, shall not be combined and reported collectively.
A. Transactions involving individually identifiable articles.
1. Purchases/receipts by licensees. Each individually identifiable
article brought in to a resale dealer by an individual (seller) for sale during a
single transaction shall be itemized separately. Licensees shall not lump such
articles together, but must provide a complete and thorough description of each
item to include the following:
a. Type of article
b. Brand name/make/manufacturer (if applicable).
c. Model number (if applicable).
d. Serial number (if applicable).
e. Color/finish.
f. Any other identifying marks, writing, engraving, etc.
2. A digital photograph(s) shall be taken of each individually
identifiable article, sufficiently detailed to allow reasonable identification of the
article. The digital photograph(s) shall capture any identifying numbers, marks,
writing, engraving, etc., or any other distinguishing characteristics.
3. A photographic or scanned image of a photo ID card of the seller,
sufficiently clear to allow the information on the ID to be read. The photo ID
must be a currently valid (not expired) card issued by a government entity of the
United States, and must include the seller’s first and last name, current address,
date of birth, and physical descriptors. If the seller is selling on behalf of a
company or business, the name, address, and telephone number of such company
or business shall also be recorded/reported.
4. The date and time of the transaction.
5. A signed statement of the person from whom the property was
obtained that he or she is over eighteen (18) years of age and the legal owner of
same clear of all attachments and with the legal right to sell.
B. Transactions involving non-individually identifiable articles.
1. Non-individually identifiable articles may be recorded/reported in bulk,
but must specify the weight, type and form of the bulk material.
2. Each different type and form of non-individually identifiable
articles brought in to a resale dealer by an individual for sale during a transaction
shall be associated with the person who brought the material in.
VOLUME LXXVII OCTOBER 24, 2012
525
3. A photographic or scanned image of a photo ID card of the seller,
sufficiently clear to allow the information on the ID to be read. The photo ID
must be a currently valid (not expired) card issued by a government entity of the
United States, and must include the seller’s first and last name, current address,
date of birth, and physical descriptors. If the seller is selling on behalf of a
company or business, the name, address, and telephone number of such company
or business shall also be recorded/reported.
4. A digital photograph or, if the licensee has a video system, video
segment of each individual type & form of bulk material purchased by the
licensee shall be linked to the record of that transaction in LeadsOnline or the
city’s current electronic reporting system.
5. The date and time of the transaction.
6. A signed statement of the person from whom the property was
obtained that he or she is over eighteen (18) years of age and the legal owner of
same clear of all attachments and with the legal right to sell.
C. Coins and paper money.
A. Purchases/receipts by licensees.
a. Coins have no distinguishing characteristics that separate them
from other coins of the same mintage, and although paper money is serial
numbered, those serial numbers are so seldom known by their last possessor
that paper money is effectively indistinguishable from other paper money of
the same denomination. Furthermore, unlike coins made of precious metals,
paper money seldom carries any value significantly beyond the face value of
the bill, and when stolen is usually used directly as cash and not sold to a
currency dealer. Accordingly, coins or paper money brought in by an
individual (seller) for sale, barter, or trade during a single transaction do not
need to be itemized individually, but rather may be recorded/reported in bulk.
b. Coins or paper money brought in to a resale dealer by an individual
(seller) for sale, barter, or trade during a transaction shall be associated with
the person (seller) who brought the article in. The licensee shall record/report
the following information for each such transaction:
i. The name, current address and date of birth of the seller.
ii. A digital photographic or scanned image of a photo ID card
of the seller, sufficiently clear to allow the information on the ID to
be read. The photo ID must be a currently valid (not expired) card
issued by a government entity of the United States, and must
OCTOBER 24, 2012 VOLUME LXXVII
526
include the seller’s first and last name, current address, date of
birth, and physical descriptors.
iii. The date and time of the transaction.
iv. The quantities and types of coins or paper money present.
If coins are all of the same type, they shall be reported by either
quantity or weight, and type (e.g., 5 Morgan silver dollars, 25
buffalo nickels, 5 lbs. of wheat pennies, etc.). If coins are from a
collection, a description of the theme of the collection (e.g.,
Bicentennial coins, state quarters, etc.) along with the number of
coins shall be provided. If coins represent an accumulation of
disparate coins with no overall theme, a generic description of the
type and quantity of coins shall be provided (e.g., approximately
200 U.S. coins of miscellaneous dates & denominations,
approximately 100 foreign coins from various countries, etc.).
Paper money shall be reported by quantity and type (e.g., 25 U.S.
$5 silver certificates, etc.).
v. A signed statement of the person from whom the property
was obtained that he or she is over eighteen (18) years of age and
the legal owner of same clear of all attachments and with the legal
right to sell.
c. As a photograph of coins or paper money conveys no more
information than can be obtained from the written descriptions required by
Paragraph 3 (A)(II)(d) of this section, no photographs of coins or paper money
are required.
In the event the electronic reporting system malfunctions or is otherwise not
operational, the licensee shall, at all times during such malfunction or non-
operation, be required to keep written records of any and all transactions made
during the period of malfunction or non-operation, to include all information
required by this section. These written records shall be reported/uploaded to
LeadsOnline, or the city’s current electronic reporting system, as soon as
practicable after the electronic reporting system is functional. No such written
records shall be erased, mutilated or changed. Written records shall be open and
available for review upon request by any police officer during regular business
hours."
Section 5. That Section 6.43.160 of the Elgin Municipal Code, 1976, as amended,
entitled "Reports To Chief of Police" be and is hereby further amended to read as follows:
VOLUME LXXVII OCTOBER 24, 2012
527
"6.43.160: ELECTRONIC REPORTING OF TRANSACTIONS:
A. The Police Department shall enter into a contract for service and maintain
its contract for service with LeadsOnline, or a similar entity as designated
by the chief of police, in order to enhance its investigative services to
protect resale dealers and members of the general public. In the event of a
change to its electronic reporting system, the city will notify all impacted
licensees of the change within a reasonable time prior to such change.
B. Every resale dealer shall operate and maintain a computer system with
internet access and photographic or video capability sufficient for the
electronic reporting requirements described in this article. Any failure or
malfunction of such equipment on the part of the licensee shall not exempt
the licensee from the recording/reporting requirements outlined in this
article. The licensee shall immediately notify the police department of any
such failure or malfunction, and shall have such resolved as soon as
practicable. Failure by the licensee to resolve any failure or malfunction
of equipment in a reasonable amount of time will lead to license
revocation proceedings under Section 6.43.220 of this ordinance.
C. No resale dealer shall be required to furnish such description of any new
property purchased by the resale dealer from manufacturers, other retailers
or wholesale dealers having an established place of business, or of any
goods purchased at open sale, or from a bankrupt stock. Such goods must
be accompanied by a bill of sale or other evidence of open and legitimate
purchase and shall at all times during the resale dealer's business hours be
open to the inspection of members of the city's police department."
Section 6. That Section 6.43.180 of the Elgin Municipal Code, 1976, as amended,
entitled "Waiting Period" be and is hereby further amended to read as follows:
"No resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact,
destroy, or otherwise dispose of, any individually identifiable article within ten
(10) days of the time of purchasing or receiving the same.
No resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact,
destroy, or otherwise dispose of any coins, paper money or other non-individually
identifiable articles within three (3) days of the time of purchasing or receiving
the same."
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
OCTOBER 24, 2012 VOLUME LXXVII
528
Section 8. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G63-12 PASSED AMENDING CHAPTER 6.44 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RECYCLABLE METAL
DEALERS"
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G63-12
AN ORDINANCE
AMENDING CHAPTER 6.44 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "RECYCLABLE METAL DEALERS"
WHEREAS, 65 ILCS 5/11-42-3 provides that the corporate authorities of each
municipality may license, tax, locate and regulate all places of business of dealers in junk,
dismantled or wrecked motor vehicles or parts thereof, rags and any second -hand article
whatsoever; and
WHEREAS, the City of Elgin is a home-rule unit; and
VOLUME LXXVII OCTOBER 24, 2012
529
WHEREAS, pursuant to Article 7, Section 6 of the Constitution of the State of Illinois,
the City of Elgin, as a home-rule unit, may exercise any power and perform any function
pertaining to its government and affairs, including, but not limited to, the power to regulate for
the protection of the public health, safety, morals and welfare, and to license; and
WHEREAS, the regulation of recyclable metal dealers through licensing and o ther
regulations, is necessary to deter and detect crime; and
WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering
stolen property relates to the protection of the public health, safety, morals and welfare and
pertains to the government and affairs of the City of Elgin; and
WHEREAS, the city council of the City of Elgin has determined that it is necessary and
desirable to amend the regulations regarding recyclable metal dealers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 6.44.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended by adding to the listing of definitions
therein the additional definitions as follows:
"INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually
identifiable by a serial number; or other applied numbers, letters, characters or
markings; or other unique features that serve to distinguish it from any other
similar article and can be used to establish ownership of the article."
"RECYCLABLE METAL: Any manufactured metal articles or parts that have
been discarded and are useful only as material for reprocessing or recycling,
irrespective of form or quantity, except that "recyclable metal" does not include:
a) items designed to contain, or to be used in the preparation of beverages or food
for human consumption; b) gold, silver, platinum, and other precious metals used
in jewelry; or c) vehicles, junk vehicles, vehicle cowls, or essential vehicle parts."
Section 2. That Section 6.44.020 of the Elgin Municipal Code, 1976, as amended,
entitled "License Required" be and is hereby further amended to read as follows:
"No person, either as owner, manager, lessee, officer or agent, or in any other
capacity, shall operate or permit to be operated a recyclable metal dealership
without first having obtained a license from the city to do so. The license fee shall
be due and payable on or before February 1 of each year. The requisite fee shall
accompany all original or renewal applications. Such licenses shall expire on
January 31 of the following year. Failure or neglect to pay the requisite license
fee in a timely manner shall be cause for denial of issuance or nonrenewal or
revocation as the case may be."
OCTOBER 24, 2012 VOLUME LXXVII
530
Section 3. That Section 6.44.120 of the Elgin Municipal Code, 1976, as amended,
entitled "Records of Purchases" be and is hereby further amended to read as follows:
"6.44.120: RECORDS OF TRANSACTIONS:
Throughout the term of the license, every recyclable metal dealer shall
report/upload to LeadsOnline, or the city’s current electronic reporting system, the
below listed information for each and every transaction conducted during each
day they were open for business by the end of that business day. All information
shall be recorded in the English language.
A transaction shall consist of all articles brought in to a recyclable metal dealer
for sale by an individual (seller) at the same time and date. Articles brought into a
recyclable metal dealer by an individual (seller) for sale at different times on the
same date by the same person shall be considered as separate transactions,
regardless of how short the difference in time is between those transactions.
Separate transactions, either from the same person or different persons, shall not
be combined and reported collectively.
A. Transactions involving individually identifiable articles.
1. Purchases/receipts by licensees. Each individually identifiable
article brought in to a recyclable metal dealer by an individual (seller) for sale
during a single transaction shall be itemized separately. Licensees shall not lump
such articles together, but must provide a complete and thorough description of
each item to include the following:
a. Type of article
b. Brand name/make/manufacturer (if applicable).
c. Model number (if applicable).
d. Serial number (if applicable).
e. Color/finish.
f. Any other identifying marks, writing, engraving, etc.
2. A digital photograph(s) shall be taken of each individually
identifiable article, sufficiently detailed to allow reasonable identification of the
article. The digital photograph(s) shall capture any identifying numbers, marks,
writing, engraving, etc., or any other distinguishing characteristics.
3. A photographic or scanned image of a photo ID card of the seller,
sufficiently clear to allow the information on the ID to be read. The photo ID
must be a currently valid (not expired) card issued by a government entity of the
United States, and must include the seller’s first and last name, current address,
date of birth, and physical descriptors. If the seller is selling on behalf of a
company or business, the name, address, and telephone number of such company
or business shall also be recorded/reported.
VOLUME LXXVII OCTOBER 24, 2012
531
4. If the individually identifiable article is brought by motor vehicle
to a licensee for sale, the make, model, color, and license plate number of that
vehicle shall be recorded/reported.
5. The date and time of the transaction.
6. A signed statement of the person from whom the property was
obtained that he or she is over eighteen (18) years of age and the legal owner of
same clear of all attachments and with the legal right to sell.
B. Transactions involving non-individually identifiable articles.
1. Non-individually identifiable articles may be recorded/reported in bulk,
but must specify the weight, type (e.g., steel, copper, aluminum, etc.) and form
(e.g. sheet, pipe, wire, etc.) of the bulk material.
2. Each different type and form of non-individually identifiable
articles brought in to a recyclable metal dealer by an individual for sale during a
transaction shall be associated with the person who brought the material in.
3. A photographic or scanned image of a photo ID card of the seller,
sufficiently clear to allow the information on the ID to be read. The photo ID
must be a currently valid (not expired) card issued by a government entity of the
United States, and must include the seller’s first and last name, current address,
date of birth, and physical descriptors. If the seller is selling on behalf of a
company or business, the name, address, and telephone number of such company
or business shall also be recorded/reported.
4. If the non-individually identifiable article is brought by motor
vehicle to a licensee for sale, the make, model, color, and license plate number of
that vehicle shall be recorded/reported.
5. A digital photograph or, if the licensee has a video system, video
segment of each individual type & form of bulk material purchased by the
licensee shall be linked to the record of that transaction in LeadsOnline or the
city’s current electronic reporting system.
6. The date and time of the transaction.
7. A signed statement of the person from whom the property was
obtained that he or she is over eighteen (18) years of age and the legal owner of
same clear of all attachments and with the legal right to sell.
In the event the electronic reporting system malfunctions or is otherwise not
operational, the licensee shall, at all times during such malfunction or non-
OCTOBER 24, 2012 VOLUME LXXVII
532
operation, be required to keep written records of any and all transactions made
during the period of malfunction or non-operation, to include all information
required by this section. These written records shall be reported/uploaded to
LeadsOnline, or the city’s current electronic reporting system, as soon as
practicable after the electronic reporting system is functional. No such written
records shall be erased, mutilated or changed."
Section 4. That Section 6.44.130 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited Purchases" be and is hereby further amended by amending subparagraph C
thereof to read as follows:
"C. Where the seller fails to present at least one form of approved
identification that contains the seller's full legal name, residence address and a
photograph, as required in subsection 6.44.120 of this chapter."
Section 5. That Section 6.44.130 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited Purchases" be and is hereby further amended by amending subparagraph F
thereof to read as follows:
"F. Except as provided below, a recyclable metal dealer shall not purchase or
attempt to purchase the following types of recyclable metal:
1. Recyclable metal marked with the initials of an electrical,
telephone, cable or other public utility.
2. Utility access covers.
3. Streetlight poles and fixtures.
4. Road and bridge guardrails.
5. Highway or street signs.
6. Water meter covers.
7. Traffic directional and control signs.
8. Traffic light signals.
9. Any recyclable metal visibly marked or painted with a name of a
governmental agency, business, company or the name of the owner
of such metal.
10. Property owned by a telephone company, a cable, electric, water or
other utility or by a railroad and marked or otherwise identified as
such.
VOLUME LXXVII OCTOBER 24, 2012
533
11. Unused and undamaged historical markers or grave markers and
vases."
Section 6. That Section 6.44.140 of the Elgin Municipal Code, 1976, as amended,
entitled "Reports To Chief of Police" be and is hereby further amended to read as follows:
"6.44.140: ELECTRONIC REPORTING OF TRANSACTIONS:
A. The Police Department shall enter into a contract for service and maintain
its contract for service with LeadsOnline, or a similar entity as designated
by the chief of police, in order to enhance its investigative services to
protect recyclable metal dealers and members of the general public. In the
event of a change to its electronic reporting system, the city will notify all
impacted licensees of the change within a reasonable time prior to such
change.
B. Every recyclable metal dealer shall operate and maintain a computer
system with internet access and photographic or video capability sufficient
for the electronic reporting requirements described in this article. Any
failure or malfunction of such equipment on the part of the licensee shall
not exempt the licensee from the recording/reporting requirements
outlined in this article. The licensee shall immediately notify the police
department of any such failure or malfunction, and shall have such
resolved as soon as practicable. Failure by the licensee to resolve any
failure or malfunction of equipment in a reasonable amount of time will
lead to license revocation proceedings under Section 6.44.190 of this
ordinance.
C. No recyclable metal dealer shall be required to furnish such description of
any recyclable metals purchased by the recyclable metal dealer from
manufacturers, other retailers or wholesale dealers having an established
place of business, or of any recyclable metal purchased at open sale, or
from a bankrupt stock. Such recyclable metal purchases must be
accompanied by a bill of sale or other evidence of open and legitimate
purchase and shall at all times during the licensee's business hours be open
to the inspection of members of the city's police department."
Section 7. That Section 6.44.160 of the Elgin Municipal Code, 1976, as amended,
entitled "Waiting Period" be and is hereby further amended to read as follows:
"No recyclable metal dealer shall expose for sale, sell, trade, barter, melt,
crush/compact, destroy, or otherwise dispose of, any individually identifiable
article within three (3) days of time of purchasing or receiving the same. For the
purposes of this section only, an individually identifiable article shall not include
household appliances with the exception of air-conditioning units. There shall be
no waiting period for non-individually identifiable articles."
OCTOBER 24, 2012 VOLUME LXXVII
534
Section 8. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 9. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G64-12 PASSED GRANTING DEVELOPMENT PLAN APPROVAL
PURSUANT TO A PAB PLANNED AREA BUSINESS DISTRICT (PORTILLO'S
RETAIL BUILDING ON LOT 10 IN ELGIN WAL-MART/SAM'S CLUB SUBDIVISION,
1010 SOUTH RANDALL ROAD)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G64-12
AN ORDINANCE
GRANTING DEVELOPMENT PLAN APPROVAL
PURSUANT TO A PAB PLANNED AREA BUSINESS DISTRICT
(Portillo’s Retail Building on Lot 10 in
Elgin Wal-Mart/Sam’s Club Subdivision,
1010 South Randall Road)
WHEREAS, the territory herein described has been classified in the PAB Planned Area
Business District with the passage of Ordinance No. G32-10; and
VOLUME LXXVII OCTOBER 24, 2012
535
WHEREAS, Ordinance No. G32-10 requires that prior to any other or further
development in the Elgin Wal-Mart/Sam’s Club Subdivision, the owner of the Subject Property
to be developed shall be required to submit a development plan to the city for a public hearing
and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments,
of the Elgin Municipal Code, 1976, as amended; and
WHEREAS, on July 25, 2012, with the passage of Ordinance No. G43-12, the
development for a retail building on Lot 10 of the Elgin Wal-Mart/Sam’s Club Subdivision
received approval for the site plan and related site improvements only, with the condition that the
architecture of the elevations of the retail building be approved through development plan
approval; and
WHEREAS, written application has been made requesting approval of the final
architecture for a Retail Building in the PAB Planned Area Business District and in the ARC
Arterial Road Corridor Overlay District; and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning
Commission conducted public hearings concerning said application and has submitted its written
findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated October 1, 2012, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a development plan in the PAB Planned Area Business District,
providing for specific architecture and building materials to permit the construction of a Retail
Building on Lot 10 of the Elgin Wal-Mart/Sam's Club Subdivision, that lot legally described as
follows:
LOT 10 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION BEING A
SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
KANE COUNTY, ILLINOIS, ACCORDING TO THE FINAL PLAT THEREOF,
RECORDED ON DECEMBER 6, 2011 AS DOCUMENT NO. 2011K073547.
Be and is hereby granted subject to the following conditions:
1. Each wall sign shall be wholly located upon or within either a brick-patterned-
and-colored elevation panel (as the “COFFEE” sign is depicted on the west and
north elevations of Exterior Elevations and Material Schedule, Sheet A-4.0,
OCTOBER 24, 2012 VOLUME LXXVII
536
prepared by Jensen & Jensen, Architects, Engineers and Planners, P.C., dated July
25, 2012, said sheet hereinafter referred to as the “Exterior Elevations”) or upon
or within the EIFS sign band (as the “VISION” sign is depicted on the north
elevation of the Exterior Elevations).
2. Tenants at each end of the building are limited to two wall signs as depicted on
the Exterior Elevations.
3. Except as amended by condition number 1 above, wall signs shall be located
within the Allowable Sign Areas depicted on the Exterior Elevations. Where a
tenant combines adjacent spaces into a common larger space, the associated
Allowable Sign Areas may be similarly combined, provided the surface area of
the wall sign does not exceed that amount allowed by Chapter 19.50, “Street
Graphics” of the Elgin Zoning Ordinance.
4. Prior to the issuance of a building permit that includes the shell of the building,
the Director of Community Development shall review and approve the design and
style of the doors proposed within the Spandrel Glass Storefront depicted on the
north elevation of the Exterior Elevations.
5. Substantial conformance to the following drawings, specifically only the exterior
architectural design, treatments, and improvements associated with the proposed
Retail Building:
a. Building Floor Plan and Notes for Portillo’s Retail Building, Sheet A-1.0,
prepared by Jensen & Jensen, Architects, Engineers and Planners, P.C., dated
July 25, 2012, city review set August 31, 2012.
b. Exterior Elevations and Material Schedule (color and black & white copies)
for Portillo’s Retail Building, Sheet A-4.0, prepared by Jensen & Jensen,
Architects, Engineers and Planners, P.C., dated July 25, 2012.
c. Manufacturer’s light fixture specification sheet for the retail building wall
sconce Model No. Gemini “C” (GE-C) for Portillo’s Elgin, provided by GTF
Lighting Inc.
6. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G32-10 and subsequent
provisions contained within Ordinance No. G43-12. In the event of any conflict between this
ordinance, which expressly includes those documents detailed within Section 2, Ordinance No.
G43-12, which expressly includes those documents pertaining to the site plan and site
improvement pertaining to the subject development and the allowances and departures described
and provided therein, and Ordinance No. G32-10, this ordinance and associated documents shall
control and prevail.
VOLUME LXXVII OCTOBER 24, 2012
537
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G65-12 PASSED ADOPTING THE "INTERNATIONAL BUILDING
CODE 2012" AS THE BUILDING CODE FOR THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G65-12
AN ORDINANCE
ADOPTING THE “INTERNATIONAL BUILDING CODE 2012”
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:
OCTOBER 24, 2012 VOLUME LXXVII
538
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 2012, 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 2012 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.
16.04.020 ADDITIONS, INSERTIONS AND CHANGES.
The International Building Code 2012 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 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.
VOLUME LXXVII OCTOBER 24, 2012
539
Section 101.4.2 Mechanical, shall be amended to read as follows:
The provisions of the International Mechanical Code 2012, 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 101.4.3 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.
Section 101.4.4 Property maintenance, shall be amended to read as follows:
The provisions of the International Property Maintenance Code 2012, 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 101.4.5 Fire prevention, shall be amended to read as follows:
The provisions of the International Fire Code 2012, as amended by Chapter 16.28 of the
Elgin Municipal Code, 1976, as amended, shall apply to matters affecting or relating to
structures, processes and premises from the hazard of fire and explosion arising from the
storage, handling or use of structures, materials or devices; from conditions hazardous to
life, property or public welfare in the occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal of fire suppression, automatic
sprinkler systems and alarm systems or fire hazards in the structure or on the premises
from occupancy or operation.
Section 101.4.6 Energy, shall be amended to read as follows:
The provisions of the State of Illinois Energy Conservation Code, as amended, shall
apply to all matters governing the design and construction of buildings for energy
efficiency.
OCTOBER 24, 2012 VOLUME LXXVII
540
Section 101.4.7 Electrical, shall be created to read as follows:
The provisions of NFPA 70 National Electric Code 2011 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 103.1 Creation of enforcement agency, shall be amended to read as follows:
The Community Development Department may be referred to as the department of
building inspection for the purposes of this chapter and the Director of the Community
Development Department 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 LXXVII OCTOBER 24, 2012
541
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.
3. A description of the permit type issued.
OCTOBER 24, 2012 VOLUME LXXVII
542
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 108.3 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 109.2 Schedule of permit 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 110.3.5 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 110.4 Inspection agencies, shall be deleted in its entirety.
Section 110.5 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 111.1.1 entitled Certificate of Re-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 applicable provisions of the Elgin Municipal Code, 1976, as amended,
including the Building Code, Plumbing Code, Heating, Ventilating and Mechanical Code,
Fire Prevention Code and zoning ordinance and that all building systems are operational.
VOLUME LXXVII OCTOBER 24, 2012
543
Section 111.3 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
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 111.5 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 113.1 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 113.3 Qualifications, shall be deleted in its entirety.
Section 114.4 Violation penalties, shall be amended to read as follows:
Any person who violates a provision of this code or fail s 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 prescribed by Chapter 1.20 of the Elgin Municipal Code, 1976, as amended.
Section 115.2 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.
OCTOBER 24, 2012 VOLUME LXXVII
544
Section 310.5 Residential Group 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. Residential Group R-3 shall further include residential occupancies
where the occupants are primarily permanent in nature and not classified as group R-1,
R-2, R-4 or I, including:
Buildings that do not contain more than two dwelling units;
Boarding houses (nontransient) with 16 or fewer occupants;
Boarding houses (transient) with 10 or fewer occupants;
Care facilities that provide accommodations for five or fewer persons receiving
care;
Congregate living facilities (nontransient) with 16 or fewer occupants;
Congregate living facilities (transient) with 10 or fewer occupants.
Section 406.3.4 Separation, shall be amended to read as follows:
1. The private 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 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.
VOLUME LXXVII OCTOBER 24, 2012
545
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 501.2 Address identification, shall be amended to read as follows:
New and existing buildings shall be provided with approved Arabic address numbers
or letters. Each character shall be not less than 5 inches (127.5 mm) in height and not
less than 0.5 inch (12.7 mm) in width. They shall be installed on a contrasting
background and be plainly visible from the street or road fronting the property. When
required by the code official, address numbers shall be provided in additional
approved locations to facilitate emergency response. Where access is by means of a
private road and the building address cannot be viewed from the public way, a
monument, pole or other approved sign or means shall be used to identify the
structure. Address numbers shall be maintained.
Table 503 Allowable Building Heights and Areas, shall be amended to read as follows:
TABLE 503
ALLOWABLE BUILDING HEIGHTS AND AREASa
Building height limitations shown in feet above grade plane. Story limitations shown as stories
above grade plane.
Building area limitations shown in square feet, as determined by the definition of “Area,
building,” per story
TYPE OF CONSTRUCTION
TYPE I TYPE II TYPE III TYPE
IV
TYPE V
A B A B A B HT A B
HEIGHT
(feet)
UL
160
65
55
65
55
65
50
40
GROUP
STORIES (S)
AREA (A)
A-1
S
A
UL
UL
5
UL
3
15,500
2
8,500
3
14,000
2
8,500
3
15,000
2
11,500
1
5,500
A-2
S
A
UL
UL
11
UL
3
15,500
2
9,500
3
14,000
2
9,500
3
15,000
2
11,500
1
6,000
A-3
S
A
UL
UL
11
UL
3
15,500
2
9,500
3
14,000
2
9,500
3
15,000
2
11,500
1
6,000
A-4
S
A
UL
UL
11
UL
3
15,500
2
9,500
3
14,000
2
9,500
3
15,000
2
11,500
1
6,000
A-5
S
A
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
B
S
A
UL
UL
11
UL
5
37,500
4
23,000
5
28,500
4
19,000
5
36,000
3
18,000
2
9,000
E
S
A
UL
UL
5
UL
3
26,500
2
14,500
3
23,500
2
14,500
3
25,500
1
18,500
1
9,500
F-1
S
A
UL
UL
11
UL
4
25,000
2
15,500
3
19,000
2
12,000
4
33,500
2
14,000
1
8,500
OCTOBER 24, 2012 VOLUME LXXVII
546
F-2
S
A
UL
UL
11
UL
5
37,500
3
23,000
4
28,500
3
18,000
5
50,500
3
21,000
2
13,000
H-1
S
A
1
21,000
1
16,500
1
11,000
1
7,000
1
9,500
1
7,000
1
10,500
1
7,500
NP
NP
H-2d
S
A
UL
21,000
3
16,500
2
11,000
1
7,000
2
9,500
1
7,000
2
10,500
1
7,500
1
3,000
H-3d
S
A
UL
UL
6
60,000
4
26,500
2
14,000
4
17,500
2
13,000
4
25,500
2
10,000
1
5,000
H-4
S
A
UL
UL
7
UL
5
37,500
3
17,500
5
28,500
3
17,500
5
36,000
3
18,000
2
6,500
H-5
S
A
4
UL
4
UL
3
37,500
3
23,000
3
28,500
3
19,000
3
36,000
3
18,000
2
9,000
I-1
S
A
UL
UL
9
55,000
4
19,000
3
10,000
4
16,500
3
10,000
4
18,000
3
10,500
2
4,500
I-2
S
A
UL
UL
4
UL
2
15,000
1
11,000
1
12,000
NP
NP
1
12,000
1
9,500
NP
NP
I-3
S
A
UL
UL
4
UL
2
15,000
1
10,000
2
10,500
1
7,500
2
12,000
2
7,500
1
5,000
I-4
S
A
UL
UL
5
60,500
3
26,500
2
13,000
3
23,500
2
13,000
3
25,500
1
18,500
1
9,000
M
S
A
UL
UL
11
UL
4
21,500
4
12,500
4
18,500
4
12,500
4
20,500
3
14,000
1
9,000
R-1
S
A
UL
UL
11
UL
4
24,000
4
16,000
4
24,000
4
16,000
4
20,500
3
12,000
2
7,000
R-2
S
A
UL
UL
11
UL
4
24,000
4
16,000
4
24,000
4
16,000
4
20,500
3
12,000
2
7,000
R-3
S
A
UL
UL
11
UL
4
UL
4
UL
4
UL
4
UL
4
UL
3
UL
3
UL
R-4
S
A
UL
UL
11
UL
4
24,000
4
16,000
4
24,000
4
16,000
4
20,500
3
12,000
2
7,000
S-1
S
A
UL
UL
11
48,000
4
26,000
3
17,500
3
26,000
3
17,500
4
25,500
3
14,000
1
9,000
S-2b, c
S
A
UL
UL
11
79,000
5
39,000
4
26,000
4
39,000
4
26,000
5
38,500
4
21,000
2
13,500
Uc
S
A
UL
UL
5
35,500
4
19,000
2
8,500
3
14,000
2
8,500
4
18,000
2
9,000
1
5,500
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
A = building area per story, S = stories above grade plane, UL = Unlimited, NP = Not permitted.
a. See the following sections for general exceptions to Table 503:
1. Section 504.2, Allowable building height and story increase due to automatic sprinkler
system installation.
2. Section 506.2, Allowable building area increase due to street frontage.
3. Section 506.3, Allowable building area increase due to automatic sprinkler system
installation.
4. Section 507, Unlimited area buildings.
b. For open parking structures, see Section 406.4.
c. For private garages, see Section 406.3.
d. See Section 415.7 for limitations.
Section 507.13 Subdivision of existing unlimited area building, shall be created to read as
follows:
VOLUME LXXVII OCTOBER 24, 2012
547
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:
2. A fire separation rating at the lot line dividing the building shall have a minimum
fire-resistance rating of 3 hours.
3. The existing building complied with all requirements for unlimited area building
regulations prior to the subdivision.
4. Building areas being subdivided must be of the same use group.
5. 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 2012 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 2011 Edition as amended by Chapter 16.24 of
the Elgin Municipal Code, 1976, as amended.
Section 703.7 Marking and identification, shall be amended to read as follows:
Fire walls, fire barriers, fire partitions, smoke barriers and smoke partitions or any other
wall required to have protected openings or penetrations shall be effectively and
permanently identified with signs or stenciling. Such identification shall:
1. Be located in accessible concealed floors, floor-ceiling or attic spaces;
2. Be repeated at intervals not exceeding 30 feet (914 mm) measured horizontally along
the wall or partition, and
3. Including lettering not less than 2 inches (50.8 mm) in height, incorporating the
suggested wording: “FIRE AND/OR SMOKE BARRIER – PROTECT ALL
OPENINGS,” or other wording.
OCTOBER 24, 2012 VOLUME LXXVII
548
Exception: Walls in Group R-2 occupancies that do not have a removable decorative
ceiling allowing access to the concealed space.
Section 704.9 Impact protection, shall be amended to read as follows:
Where the fire protective covering of a structural member is subject to impact damage
from moving vehicles, the handling of merchandise or other activity, the fire protective
covering shall be protected by corner guards or by a substantial jacket of metal or other
noncombustible material to a height of 8 feet (2438 mm) from the finished floor, or to the
ceiling, whichever is lower.
Exception: Corner protection is not required on concrete columns in open or enclosed
parking garages.
Section 708.1 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 1018.1.
5. Elevator lobby separation as required by Section 708.14.1.
Section 716.5.01 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 901.8 Pump and riser room size, shall be amended to read as follows:
Fire pump and automatic sprinkler system riser rooms shall be designed with adequate
space for all equipment necessary for the installation, as defined by the manufacturer,
with sufficient working room around stationary equipment. Clearances around equipment
to elements of permanent construction, including other installed equipment and
appliances, shall be sufficient to allow inspection, service, repair or replacement without
removing such elements of permanent construction or disabling the function of a required
fire-resistance-rated assembly. Fire pump and automatic sprinkler system riser rooms
VOLUME LXXVII OCTOBER 24, 2012
549
shall be provided with an exterior door large enough to allow removal of the largest piece
of equipment.
Section 901.8.1 Pump and riser room separation, shall be created to read as follows:
A minimum 1-hour fire-rated separation shall be provided for all fire pump and sprinkler
riser rooms.
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 903.2.1.1 Group A-1, shall be amended to read as follows:
2. 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.
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; and
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; and
OCTOBER 24, 2012 VOLUME LXXVII
550
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; and
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 903.2.2.1 Group B, shall be created to read as follows:
In all buildings with a Use Group B fire area, an approved automatic fire suppression
system shall be provided as follows:
1. Throughout all buildings with a Use Group B fire area having more than 7500 square
feet in area; or
2. In buildings with two (2) stories when the combined total area of the two (2) floors
exceeds 10,000 square feet; or
3. In buildings of three (3) or more stories regardless of the square footage of each floor.
Section 903.2.3 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:
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; and
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 903.2.4 Group F-1, shall be amended to read as follows:
VOLUME LXXVII OCTOBER 24, 2012
551
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:
1. Throughout all buildings with a Use Group F-1 or F-2 fire area having more than
7500 square feet in area;
2. In buildings with two (2) stories if the combined total area of two (2) floors exceed
10,000 square feet;
3. In buildings with three (3) or more stories regardless of the square footage of each
floor; or
4. In buildings with a Group F-1 occupancy used for the manufacture of upholstered
furniture or mattresses which exceeds 2,500 square feet.
Section 903.2.6 Group I, shall be amended to delete Exception #3.
Section 903.2.7 Groups M, shall be amended to read as follows:
In all buildings with a Use Group M fire area, an approved automatic fire suppression
system shall be provided as follows:
1. Throughout all buildings with a Use Group M fire area having more than 7500 square
feet in area;
2. In buildings with two (2) stories if the combined total area of two (2) floors exceed
10,000 square feet;
3. In buildings with three (3) or more stories regardless of the square footage of each
floor; or
4. In buildings with a Group M occupancy used for the display and sale of upholstered
furniture or mattresses which exceeds 5,000 square feet.
Section 903.2.9, 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:
1. Throughout all buildings with a Use Group S-1 fire area having more than 7500
square feet in area;
OCTOBER 24, 2012 VOLUME LXXVII
552
2. In buildings with two (2) stories if the combined total area of two (2) floors exceed
10,000 square feet;
3. In buildings with three (3) or more stories regardless of the square footage of each
floor; or
4. In buildings with a Group S-1 occupancy used for the storage of upholstered furniture
or mattresses which exceeds 2,500 square feet.
Section 903.2.9.1 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 903.2.10, 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:
1. Throughout all buildings with a Use Group S-2 fire area having more than 7,500
square feet in area;
2. In buildings with two (2) stories if the combined total area of two (2) floors exceed
10,000 square feet; or
3. 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 Water supplies, shall be amended to read as follows:
Water supplies for automatic sprinkler systems shall comply with this section and the
standards referenced in Section 903.3.1. The potable water supply shall be protected
against backflow in accordance with the requirements of this section and the State of
Illinois Plumbing Code, as amended by Chapter 16.20 of the Elgin Municipal Code,
1976, as amended. Hydrant water flow data used for the design of any sprinkler system
shall be no more than 1 year old. A minimum 10% safety factor shall be provided in the
fire protection system hydraulic calculations. On each design drawing, provide a copy of
the hydraulic nameplate for each hydraulically calculated area.
Section 903.3.5.1 Domestic services, shall be amended to read as follows:
VOLUME LXXVII OCTOBER 24, 2012
553
A domestic service shall not provide the water supply for the automatic sprinkler system.
Exception: Single water supply and combination systems may be utilized in conjunction
with a residential fire sprinkler system as part of a looped system where such a system is
permitted under applicable provisions of Chapter 16.36 of the Elgin Municipal Code,
1976, as amended.
Section 903.4.2 Alarms, shall be amended to read as follows:
An approved audible device, located on the exterior of the building in an approved
location, shall be connected to each automatic sprinkler system. In addition, alarm
indicating appliance audio/visual devices shall be seen and heard within all areas of the
building. Such sprinkler water-flow alarm devices shall be activated by water flow
equivalent to the flow of a single sprinkler of the smallest orifice size installed in the
system. Where a fire alarm system is installed, actuation of the automatic sprinkler
system shall activate the building fire alarm system. Where automatic fire sprinklers
provide protection to an area with an approved flow switch interconnected to the fire
alarm system, a white strobe shall be installed at each multi- sprinkler riser.
Section 903.4.2.1 Test Valves, shall be created to read as follows:
Fire sprinkler system inspectors test valves shall be accessible at all times and located no
more than 6 feet above finished floor. On multiple riser systems, test valves shall be
marked as to which riser and area it tests.
Section 903.4.3 Floor control valves, shall be amended to read as follows:
Approved supervised indicating control valves shall be provided at the point of
connection to the riser on each floor of all multiple story buildings.
Section 905.3.1 Height, shall be amended to read as follows:
Class III standpipe systems shall be installed throughout buildings where the floor level
of the highest story is more than 2 stories and/or 26 feet above the lowest level of fire
department vehicle ground access, or where the floor level of the lowest story is more
than 2 stories and/or 26 feet below the highest level of fire department vehicle ground
access.
Section 905.3.9 Storage warehouses, shall be created to read as follows:
In all warehouse storage areas exceeding 50,000 square feet or where storage exceeds 12
feet high, interior 2 ½” fire hose valves with a 1 ½” reducer to a 1 ½” hose connection
shall be provided. Valves shall be located at each exterior door to the warehouse and/or
storage area. The location of all obstructions and/or rack storage shall be shown on any
OCTOBER 24, 2012 VOLUME LXXVII
554
plans. Where the system pressure exceeds 100 psi, a “Potter” reduced pressure adjustable
type valve shall be provided.
Section 907.1.4 Control/annunciator panels, shall be created to read as follows:
All fire alarm control panels or full function annunciator panels shall be installed
within 10 feet of the building main entrance, sprinkler room, or in a location
approved by the fire code official.
Section 907.2.01, entitled Fire Alarm Application, shall be created to read as follows:
Notwithstanding other provisions within this Section 907/2, fire alarm systems shall be
installed in all buildings or tenant spaces of 2,500 square feet or more where automatic
fire sprinkler systems are not installed.
Section 907.2.7 Group M, shall be amended to read as follows:
A manual fire alarm system that activates the occupant notification system in accordance
with Section 907.5 shall be installed in Group M occupancies where one of the following
conditions exists:
1. The combined Group M occupant load of all floors is 500 or more persons.
2. The Group M occupant load is more than 100 persons above or below the lowest
level of exit discharge.
Multi-tenant Use Group M buildings will be “ring/alert by tenant,” activated by the fire
pull station/automatic fire detection, and shall include a weatherproof clear outside strobe
over the entrance to each tenant space as directed by the fire code official. All outside
strobes to be a minimum 75 candela.
Exceptions:
1. A manual fire alarm system is not required in covered or open mall buildings
complying with Section 402.
2. A manual fire alarm box shall be required in all buildings when equipped with a
fire alarms system and automatic fire sprinkler system.
Section 907.3.1 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
VOLUME LXXVII OCTOBER 24, 2012
555
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 2012 as amended
by Chapter 16.32 of the Elgin Municipal Code, 1976, as amended. Exceptions shall
remain as published.
Section 912.1.1 Connection type, shall be created to read as follows:
All fire department connections shall be a NST 4” Storz connection with a 30 degree
downturn (Storz type only).
Section 913.1.1 Test outlet valves, shall be created to read as follows:
An OS & Y control valve shall be provided on all fire pump test headers.
Section 1013.2 Where required, shall read as follows:
Guards shall be located along open-sided walking surfaces, including mezzanines
equipment platforms, stairways, ramps and landings which are located more than 30
inches (762mm) measured vertically to the floor or grade below at any point within 36
inches (914 mm) horizontally to the edge of the open side. Guards shall be adequate in
strength and attachment in accordance with Section 1607.8. 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 1607.8.
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.
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.
OCTOBER 24, 2012 VOLUME LXXVII
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7. In assembly seating where guards in accordance with Section 1028.14 are permitted
and provided.
Section 1013.8 Windows sills, shall be amended to read as follows:
In Occupancy Groups R-2 and R-3 and multiple-family dwellings, where the opening of
the sill portion of an operable window is located more than 72 inches above the finished
grade or other surfaces below, the lowest part of the clear opening of the window shall be
at a height not less than 36 inches above the finished floor surface of the room in which
the window is located. Operable sections of windows shall not permit openings that allow
the passage of a 4-inch-diameter sphere where such openings are located with 36 inches
of the finished floor.
Exceptions:
1. Operable windows where the sill portion of the opening is located more than 75 feet
above the finished grade or other surface below and that are provided with window
fall prevention devices that comply with ASTM F 2006.
2. Windows whose openings will not allow a 4-inch-diameter sphere to pass through the
opening when the window is in its largest opened position.
3. Openings that are provide with window fall prevention devices that comply with
ASTM F 2090.
4. Windows that are provided with window opening control devices that comply with
Section 1013.8.1.
Section 1029.2.1 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
VOLUME LXXVII OCTOBER 24, 2012
557
(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.
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 1405.4, 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 1509.6.01 Screening of mechanical equipment, shall be created to read as follows:
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.
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.
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 1603.1.1.1 Live loads posted, shall be created to read as follows:
OCTOBER 24, 2012 VOLUME LXXVII
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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.
Table 1607.1 shall be amended to read as follows:
TABLE 1607.1
MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS, LO’ AND
MINIMUM CONCENTRATED LIVE LOADSg
OCCUPANCY OR USE
UNIFORM
(psf)
CONCENTRATED
(lbs)
1. Apartments (see residential) --- ---
2. Access floor systems
Office use
Computer use
50
100
2,000
2,000
3. Armories and drill rooms 150 ---
4. Assembly areas and theaters
Fixed seats (fastened to floor)
Follow spot, projection and control rooms
Lobbies
Movable seats
Stage floors
Platforms (assembly)
Other assembly areas
60
50
100
100
150
100
100
---
5. Balconies (exterior) and decksh Same as
occupancy
served but
a minimum
of 60
---
6. Bowling alleys 75 ---
VOLUME LXXVII OCTOBER 24, 2012
559
7. Catwalks 40 300
8. Cornices 60 ---
9. Corridors, except as otherwise indicated 100 ---
10. Dance halls and ballrooms 100 ---
11. Dining rooms and restaurants 100 ---
12. Dwellings (see residential) ---
13. Elevator machine room grating
(on area of 4 in2)
---
300
14. Finish light floor plate construction
(on area of 1 in2)
---
200
15. Fire escapes
On single family dwellings only
100
40
---
---
16. Garages (passenger vehicles only)
Trucks and buses
40 Note a
See Section 1607.7
17. Grandstands (see stadium and arena bleachers) --- ---
18. Gymnasiums, main floors and balconies 100 ---
19. Handrails, guards and grab bars See Section 1607.8
20. Hospitals
Corridors above the first floor
Operating rooms, laboratories
Patient rooms
80
60
40
1,000
1,000
1,000
21. Hotels (see residential) --- ---
22. Libraries
Corridors above the first floor
Reading rooms
Stack rooms
80
60
150b
1,000
1,000
1,000
23. Manufacturing
Heavy
Light
250
125
3,000
2,000
24. Marquees 75 ---
25. Office buildings
Corridors above the first floor
File and computer rooms shall be designed for the
heavier loads based on anticipated occupancy
Lobbies and first-floor corridors
Offices
80
---
2,000
---
OCTOBER 24, 2012 VOLUME LXXVII
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100
50
2,000
2,000
26. Penal institutions
Cell blocks
Corridors
40
100
---
27. Residential
One- and two-family dwellings
Uninhabitable attics without storagei
Uninhabitable attics with limited storagei, j, k
Habitable attics and sleeping areas
All other areas
Hotels and multifamily dwellings
Private rooms and corridors serving them
Public rooms and corridors serving them
10
20
30
40
40
100
----
28. Reviewing stands, grandstands and bleachers Note c
29. Roofs
All roof surfaces subject to maintenance workers
Awnings and canopies
Fabric construction supported by a lightweight rigid
skeleton structure
All other construction
Ordinary flat, pitched, and curved roofs
Primary roof members, exposed to a work floor
Single panel point of lower chord of roof trusses or
any point along primary structural members
supporting roofs:
Over manufacturing, storage warehouses, and repair
garages
All other occupancies
Roofs used for special purposes
Roofs used for promenade purposes
Roofs used for roof gardens or assembly purposes
5
nonreducible
20
20
Note l
60
300
2,000
300
Note l
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100
30. Schools
Classrooms
Corridors above first floor
First-floor corridors
40
80
100
1,000
1,000
1,000
31. Scuttles, skylight ribs and accessible ceilings --- 200
32. Sidewalks, vehicular driveways and yards, subject to
trucking
250d 8,000e
33. Skating rinks 100 ---
34. Stadiums and arenas
Bleachers
Fixed seats (fastened to floor)
100c
60c
----
35. Stairs and exits
One- and two-family dwellings
All others
40
100
Note f
36. Storage warehouses
(shall be designed for heavier loads if required for
anticipated storage)
Heavy
Light
250
125
37. Stores
Retail
First floor
Upper floors
Wholesale, all floors
100
75
125
1,000
1,000
1,000
38. Vehicle barriers systems See Section 1607.8.3
39. Walkways and elevated platforms (other than
exitways)
60 ---
40. Yards and terraces, pedestrians 100 ---
For SI: 1 inch = 25.4 mm, 1 square inch = 645.16 mm2
1 square foot = 0.0929 m2
1 pound per square foot = 0.0479 kN/m2, 1 pound = 0.004448 kN
1 pound per cubic foot = 16 kg/m3
a. Floors in garages or portions of buildings used for the storage of motor vehicles shall be
designed for the uniformly distributed live loads of Table 1607.1 or the following
OCTOBER 24, 2012 VOLUME LXXVII
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concentrated loads: (1) for garages restricted to passenger vehicles accommodating not
more than 9 passengers, 3,000 pounds acting on an area of 4.5 inches by 4.5 inches; (2)
for mechanical parking structures without slab or deck which are used for storing
passenger vehicles only, 2,250 pounds per wheel.
b. The loading applies to stack room floors that support nonmobile, double faced library
bookstacks, subject to the following limitations:
1. The nominal bookstack unit height shall not exceed 90 inches;
2. The nominal shelf depth shall not exceed 12 inches for each face; and
3. Parallel rows of double-faced bookstacks shall be separated by aisles not less than
36 inches wide.
c. Design in accordance with the ICC 300
d. Other uniform loads in accordance with an approved method which contains provisions
for truck loadings shall also be considered where appropriate.
e. The concentrated wheel load shall be applied on an area of 4.5 inches by 4.5 inches.
f. Minimum concentrated load on stair treads (on an area of 4 square inches) is 300 pounds.
g. Where snow loads occur that are in excess of the design conditions, the structure shall be
designed to support the loads due to the increased loads caused by drift buildup or a
greater snow design determined by the building official (see Section 1608).
h. See Section 1604.8.3 for decks attached to exterior walls.
i. Attics without storage are those where the maximum clear height between the joist and
the rafter is less than 42 inches, or where there are not two or more adjacent trusses with
the same web configuration capable of containing a rectangle 42 inches high by 2 feet
wide, or greater, located within the plane of the truss. For attics without storage, this live
load need not be assumed to act concurrently with any other live load requirements.
j. For attics with limited storage and constructed with trusses, this live load need only be
applied to those portions of the bottom chord where there are two or more adjacent
trusses with the same web configuration capable of containing a rectangle 42 inches high
by 2 feet wide or greater, located within the plane of the truss. The rectangle shall fit
between the top of the bottom chord and the bottom of any other truss member, provided
that each of the following criteria is met:
i. The attic area is accessible by a pull-down stairway or framed opening in
accordance with Section 1209.2, and
ii. The truss shall have a bottom chord pitch less than 2:12,
iii. Bottom chords of trusses shall be designed for the greater of actual imposed dead
load or 10psf, uniformly distributed over the entire span.
k. Attic spaces served by a fixed stair shall be designed to support the minimum live load
specified for habitable attics and sleeping rooms.
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l. Roofs used for other special purposes shall be designed for appropriate loads as approved
by the building official.
Section 1807.1.4 Permanent wood foundation systems, shall be deleted in its entirety.
Section 1808.10 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
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 16h
40\20 5/8, 3/4, 7/8 40 32 40 30 24h,i
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 Panel Maximum span Loade (psf) Maximum
OCTOBER 24, 2012 VOLUME LXXVII
564
rating thickness
(inches)
(inches) span (inches)
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.
Table 2304.7(5) shall be amended to read as follows:
ALLOWABLE LOAD (PSF) FOR STRUCTURAL PANEL ROOF
VOLUME LXXVII OCTOBER 24, 2012
565
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/m 2.
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 2011 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.
Chapter 28 Mechanical Systems, shall be deleted in its entirety. The provisions of the
International Mechanical Code 2012, 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,
OCTOBER 24, 2012 VOLUME LXXVII
566
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 three or more stories in height, 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 accordance with the City of
Elgin Utility Disconnection/Termination Policy and at the main, unless otherwise
approved by the Public Works Director in writing.
VOLUME LXXVII OCTOBER 24, 2012
567
Section 3303.8, Maintenance 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 3303.9 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.
Section 3307.1 Protection required, shall be amended to read as follows:
Adjoining public and private property shall be protected from damage during
construction, remodeling and demolition work. Protection must be provided for footings,
foundations, party walls, chimneys, skylights and roofs. Provisions shall be made to
control water runoff and erosion during construction or demolition activities in
accordance with Title 21 of the Elgin Municipal Code. Erosion control measures shall
remain in place until such time that the associated grounds are stabilized. The person
making or causing an excavation to be made shall provide written notice to the owners of
adjoining buildings advising them that the excavation is to be made and that the adjoining
buildings should be protected. Said notification shall be delivered not less than 10 days
prior to the scheduled starting date of the excavation. Directional signage shall be
provided in number, size, location, and content approved by the building official when
deemed necessary by the building official to protect the general public from construction,
remodeling, or demolition work or to provide advance notification to the general public
of changes to pedestrian or vehicular traffic patterns required to provide same protection.
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, Rodentproofing, 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.
OCTOBER 24, 2012 VOLUME LXXVII
568
Appendix J, Grading shall be deleted in its entirety.
Appendix K, Administrative Provisions shall be deleted in its entirety.
Appendix L, Earthquake Recording Instrumentation shall be deleted in its entirety.
Appendix M, Tsunami – Generated Flood Hazard 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 that 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 a 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
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.
VOLUME LXXVII OCTOBER 24, 2012
569
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, either as presently adopted or to be adopted or amended in
the future, 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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
OCTOBER 24, 2012 VOLUME LXXVII
570
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G66-12 PASSED ADOPTING THE "INTERNATIONAL FIRE CODE
2012" AS THE FIRE PREVENTION CODE OF THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G66-12
AN ORDINANCE
ADOPTING THE “INTERNATIONAL FIRE CODE 2012”
AS THE FIRE PREVENTION CODE OF THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 16.28, entitled “Fire Prevention Code,” of the Elgin Municipal
Code, 1976, as amended, be and is hereby repealed.
Section 2. That Chapter 16.28, entitled “Fire Prevention Code,” be and is hereby added
to the Elgin Municipal Code, 1976, as amended, to read as follows:
“Chapter 16.28
FIRE PREVENTION CODE
Section:
16.28.010 Adopted-Exceptions.
16.28.020 Fire Prevention Bureau.
16.28.030 Addition, Insertions, and Changes.
16.28.040 New Materials, Processes, or Occupancies Which May Require Permits.
16.28.050 Conflicts with other Provisions
16.28.010: ADOPTED; EXCEPTIONS:
A certain document, one (1) copy of which is on file in the office of the City Clerk, being
marked and designated as the International Fire Code 2012 as published by the International
Code Council, be and is hereby adopted as and shall be known as the Fire Prevention Code of the
City for establishing minimum regulations regulating and governing the safeguarding of life and
VOLUME LXXVII OCTOBER 24, 2012
571
property from fire and explosion hazards arising from the storage, handling, and use of
hazardous substances, materials and devices, and from conditions hazardous to life or property in
the occupancy of buildings and premises; and each and all of the regulations, provisions,
penalties, conditions and terms of said International Fire Code 2012 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.
16.28.020: FIRE PREVENTION BUREAU:
A. The fire code shall be enforced by the Fire Prevention Bureau of the City of Elgin Fire
Department, sometimes referred to in this chapter as the Fire Department, which is
established and which shall be operated under the supervision of the Chief of the Fire
Department.
B. The Fire Marshal in charge of the Fire Prevention Bureau shall be appointed by the City
Manager upon the recommendation of the Chief of the Fire Department on the basis of
his or her qualifications.
C. The Chief of the Fire Department may detail such members of the Fire Department as
inspectors as shall from time to time be necessary. The Chief of the Fire Department shall
recommend to the City Manager the employment of technical inspectors.
D. A report of the Fire Prevention Bureau shall be made annually and transmitted to the
mayor. It shall contain all proceedings under this chapter with such statistics as the Chief
of the Fire Department may wish to include therein. The Chief of the Fire Department
shall also recommend any amendments to this chapter which, in his judgment, shall be
desirable.
16.28.030: ADDITIONS, INSERTIONS, AND CHANGES:
The International Fire Code 2012 is amended and revised in the following respects:
Section 102.3, entitled Change of use or occupancy, shall be amended to read as follows:
The provisions of Title 16 of the Elgin Municipal Code, 1976, as amended, shall apply to
all buildings undergoing a change of occupancy.
Section 102.4, entitled Application of Building Code, shall be amended to read as follows:
The design and construction of new structures shall comply with the provisions of Title
16 of the Elgin Municipal Code, 1976, as amended. Repairs, alterations and additions to
existing buildings shall comply with the provisions of Title 16 of the Elgin Municipal
Code, 1976, as amended.
OCTOBER 24, 2012 VOLUME LXXVII
572
Section 102.5, entitled Application of Residential Code, shall be amended to read as follows:
Where structures are designed and constructed in accordance with International
Residential Code 2012, as amended by Chapter 16.36 of the Elgin Municipal Code, 1976,
as amended, the provisions of this code shall apply as follows:
1. Construction and design provisions: Provisions of this code pertaining to the
exterior of the structure shall apply including, but not limited to, premises
identification, fire apparatus access and water supplies. Where interior or exterior
systems or devices are installed, construction permits required by Section 105.7 of
this code shall also apply.
2. Administrative, operational and maintenance provisions: All such provisions of
this code shall apply.
Section 102.6, entitled Historic Buildings, shall be amended to read as follows:
The construction, alteration, repair, enlargement, restoration, relocation or movement of
existing buildings or structures that are designated as historic buildings when such
buildings or structures do not constitute a distinct hazard to life or property shall be in
accordance with the provisions of Title 16 of the Elgin Municipal Code, 1976, as
amended.
Section 102.7, entitled Referenced Codes and Standards, shall be amended to read as follows:
The codes and standards referenced in this code shall be those that are listed in chapter
80, as amended and such codes and standards shall be considered part of the requirements
of this code to the prescribed extent of each such code. Where differences occur between
the provisions of this code and the referenced standards, the provisions of this code shall
apply.
Exception:
The NFPA 101, Life Safety Code, 2012 Edition, as amended by Chapter 16.29 of the
Elgin Municipal Code, as amended, shall govern minimum requirements for areas
covered by NFPA 101 that are not directly addressed in this code, or with regard to life
safety requirements that are not within the scope of this code.
The title of Section 103, entitled “Department of Fire Prevention,” shall be amended to read
“Fire Prevention Bureau.”
Section 103.1, entitled General, shall be amended to read as follows:
The Fire Prevention Bureau may be referred to as the department of fire prevention for
the purposes of this code and the Fire Marshal may be referred to as the fire code official
VOLUME LXXVII OCTOBER 24, 2012
573
for the purpose of this code. Any references to the terms fire code official, officer, deputy
fire officer, or other technical officer or inspector in this code shall also include the
authorized designee of the Fire Marshal.
Section 105.1.2, entitled Types of Permits, subparagraph 2, shall be amended to read as follows:
2. Construction permit. A construction permit shall allow the applicant to install or
modify systems and equipment for which a permit is required by section 105.7 of this
chapter and/or as required by Title 16 of the Elgin Municipal Code, 1976, as amended.
Section 105.7, entitled Required Construction Permits, shall be amended to read as follows:
The building official, and/or the fire official are authorized to issue construction permits
for work as set forth in sections 105.7.1 through 105.7.16 of this chapter.
Sections 108, entitled Board of Appeals (sections 108.1 through 108.3, inclusive), shall be
deleted in its entirety.
Section 109.2, entitled Owner/Occupant Responsibility, shall be amended to read as follows:
Correction and abatement of violations of this code shall be the responsibility of the
owner. If an occupant creates, or allows to be created, hazardous conditions in violation
of this code, the occupant shall also be held responsible for the abatement of such
hazardous conditions.
Section 109.4, entitled Violation Penalties, shall be amended to read as follows:
Any persons who shall violate a provision of this chapter or shall fail to comply with any
of the requirements thereof or who shall erect, install, alter, repair or do work in violation
of the approved construction documents or directives of the fire code official or of a
permit or certificate used under provisions of this chapter, shall be subject to fines and/or
penalties as prescribed by chapter 1.20 of the Elgin Municipal Code, 1976, as amended.
Each day that a violation continues shall be deemed a separate offense.
Section 111.2, entitled Issuance, shall be amended to read as follows:
A stop work order shall be in writing and state the reason for the issuance of the order. A
stop work order shall be posted on the property where the violation exists and all persons
working in the building or structure at that time of the posting of the stop work order
shall be notified that a stop work order was posted. Upon issuance of a stop work order,
the cited work shall immediatel y cease.
Section 111.4, entitled Failure to Comply, shall be amended to read as follows:
Any person who shall continue any work after a work stop order has been properly
issued, except such work as that person is directed to perform to remove a violation or
OCTOBER 24, 2012 VOLUME LXXVII
574
unsafe condition, shall be subject to fines and/or penalties as prescribed by chapter 1.20
of the Elgin Municipal Code, 1976, as amended. Each day that a violation continues shall
be deemed a separate offense.
Section 307.1, entitled General, shall be amended to read as follows:
A person shall not kindle or maintain or authorize to be kindled or maintained any open
burning unless conducted and approved in accordance with this section and section
9.28.130 of the Elgin Municipal Code, 1976, as amended.
Section 307.4, entitled Location, shall be deleted in its entirety.
Section 307.4.1, entitled Bonfires, shall be deleted in its entirety.
Section 307.4.2, entitled Recreational Fires, shall be deleted in its entirety.
Section 307.4.3, entitled Portable outdoor fireplaces, shall be deleted in its entirety.
Section 307.5, entitled Attendance, shall be deleted in its entirety.
Section 312.3, entitled Other Barriers, shall be amended to read as follows:
Physical barriers that do not meet the criteria as d etailed in section 312.2 of this chapter
shall be a minimum of 36 inches in height and shall resist a force of 12,000 pounds
applied 36 inches above the adjacent ground surface. Approval for installation of other
barriers require the submittal of acceptable documentation proving they meet the required
capabilities and must be approved in writing by the Fire Marshal prior to installation.
Section 505.1, entitled Address Numbers, shall be amended to read as follows:
New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of
5 inches high with a minimum stroke width of 0.5 inch.
Section 506.01, entitled Key Boxes, shall be created and read as follows:
All structures and facilities under the scope of this section 506 shall be required to install
a Suprasafe rapid entry system key box near the main entrance. Structures containing
sprinkler rooms and/or fire alarm panels shall install the key box at the entrance granting
the closest proximity to the fire alarm panel or sprinkler room as approved by the Fire
Marshal.
VOLUME LXXVII OCTOBER 24, 2012
575
Section 901.4.6, entitled Pump and riser room size, shall be amended to read as follows:
Fire pump and automatic sprinkler system riser rooms shall be designed with adequate
space for all equipment necessary for the installation, as defined by the manufacturer,
with sufficient working room around stationary equipment. Clearances around equipment
to elements of permanent construction, including other installed equipment and
appliances, shall be sufficient to allow inspection, service, repair or replacement without
removing such elements of permanent construction or disabling the function of a required
fire-resistance-rated assembly. Fire pump and automatic sprinkler system riser rooms
shall be provided with an exterior door large enough to allow removal of the largest piece
of equipment.
Section 901.4.6.1, entitled Pump and riser room separation, shall be created to read as follows:
A minimum 1-hour fire-rated separation shall be provided for all fire pump and sprinkler
riser rooms.
Section 903.2.01, entitled Automatic Sprinkler System, shall be created and 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, entitled Use Group B, shall be created to read as follows:
In all buildings with a Use Group B fire area, an approved automatic fire sprinkler system
shall be provided as follows:
1. Throughout all buildings with a Use Group B fire area having more than 7500 square
feet in area; or
2. In buildings having two (2) stories where the combined total area of the two (2) floors
exceeds 10,000 square feet; or
3. In buildings having three (3) stories regardless of the square footage of each floor.
Section 903.2.1.1, entitled Use Group A-1, shall be amended to read as follows:
An automatic sprinkler system shall be provided throughout the entire building in all
buildings containing a Use Group A-1 fire area.
Section 903.2.1.2, entitled Use Group A-2, shall be amended to read as follows:
OCTOBER 24, 2012 VOLUME LXXVII
576
Where a Use Group A-2 fire area exceeds 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 Use Group A-2 fire area is
located.
2. Throughout all stories and floor levels below the Use Group A-2 fire area.
3. Throughout all intervening stories and floor levels between the Use Group A-2 fire
area 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, entitled Use Group A-3, shall be amended to read as follows:
Where a Use Group A-3 fire area exceeds 5000 square; 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 Use Group A-3 fire area is
located.
2. Throughout all stories and floor levels below the Use Group A-3 fire area.
3. Throughout all intervening stories and floor levels below the Use Group A-3 fire area
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, entitled Use Group A-4, shall be amended to read as follows:
Where a Use Group A-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 sprinkler system shall be provided as follows:
1. Throughout the entire story or floor level where the Use Group A-4 fire area is
located.
2. Throughout all stories and floor levels below the Use Group A-4 fire area.
3. Throughout all intervening stories and floor levels below the Use Group A-4 fire area
and the level of exit discharge of exits that serve the Use Group A -4 fire area,
including the level of exit discharge.
Section 903.2.3, entitled Use 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 sprinkler system shall be provided as follows:
1. Throughout the entire story or floor level where the Use Group E fire area is located.
VOLUME LXXVII OCTOBER 24, 2012
577
2. Throughout all stories and floor levels below the Use Group E fire area.
3. Throughout all intervening stories and floor levels below the Use Group E fire area
and the level of exit discharge of exits that serve the Use Group E fire area, including
the level of exit discharge.
Section 903.2.4, entitled Use Group F-1, shall be amended to read as follows:
In all buildings with a Use Group F-1 fire area or a Use Group F-2 fire area, an approved
automatic fire suppression system shall be provided as follows:
1. Throughout all buildings with a Use Group F-1 or F-2 fire area having more than
7500 square feet in area; or
2. In buildings having two (2) stories where the combined total area of the two (2) floors
exceed 10,000 square feet; or
3. In buildings having three (3) stories regardless of the square footage of each floor; or
4. In buildings with a Group F-1 occupancy used for the manufacture of upholstered
furniture or mattresses which exceeds 2,500 square feet.
Section 903.2.6, entitled Use Group I, shall be amended to delete Exception #3.
Section 903.2.7, entitled Use Group M, shall be amended to read as follows:
In all buildings with a Use Group M fire area, an approved automatic fire sprinkler
system shall be provided as follows:
1. Throughout all buildings with a Use Group M fire area having more than 7500 square
feet in area; or
2. In buildings having two (2) stories where the combined total area of the two (2) floors
exceed 10,000 square feet; or
3. In buildings having three (3) stories regardless of the square footage; or
4. In buildings with a Group M occupancy used for the display and sale of upholstered
furniture or mattresses which exceeds 5,000 square feet.
Section 903.2.9, entitled Use 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 sprinkler
system shall be provided as follows:
1. Throughout all buildings with a Use Group S-1 fire area having more than 7500
square feet in area; or
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2. In buildings having two (2) stories where the combined total area of the two (2) floors
exceed 10,000 square feet; or
3. In buildings having three (3) stories regardless of the square footage of each floor; or
4. In buildings with a Group S-1 occupancy used for the storage of upholstered furniture
or mattresses which exceeds 2,500 square feet.
Section 903.2.9.1, entitled Repair Garages, subparagraph 2 shall be amended to read as follows:
2. One-story buildings with a fire area containing a repair garage exceeding 7500 square
feet.
Section 903.2.10, 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:
1. Throughout all buildings with a Use Group S-2 fire area having more than 7,500
square feet in area;
2. In buildings with two (2) stories if the combined total area of two (2) floors exceed
10,000 square feet; or
3. 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 of Chapter 16.04 of the Elgin
Municipal Code, 1976, as amended or where located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies as
applicable in Section 101.2 of Chapter 16.04 of the Elgin Municipal Code, 1976.
Section 903.3.5, entitled Water supplies, shall be amended to read as follows:
Water supplies for automatic sprinkler systems shall comply with this section and the
standards referenced in Section 903.3.1. The potable water supply shall be protected
against backflow in accordance with the requirements of this section and the State of
Illinois Plumbing Code, as amended by Chapter 16.20 of the Elgin Municipal Code,
1976, as amended. Hydrant water flow data used for the design of any sprinkler system
shall be no more than 1 year old. A minimum 10% safety factor shall be provided in the
fire protection system hydraulic calculations. On each drawing, copy of the hydraulic
nameplate for each hydraulically calculated area shall be provided.
Section 903.3.5.1, entitled Domestic Services, shall be amended to read as follows:
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A domestic service shall not provide the water supply to the sprinkler system of any
building or structure.
Exception: Single water supply and combination systems may be utilized in conjunction
with a residential fire sprinkler system as part of a looped system where such a system is
permitted under applicable provisions of Chapter 16.36 of the Elgin Municipal Code,
1976, as amended.
Section 903.3.7, entitled Fire Department Connection, shall be amended to read as follows:
The location of fire department connections shall be approved by the fire code official.
The fire department connection shall be identified by the addition of an exterior
electrically operated audible and visual blue strobe alarm device as outlined in section
903.4.2 of this chapter. All fire department connections shall be a NST 4” Storz
connection with a 30 degree downturn (Storz type only).
Section 903.4.2, entitled Alarms, shall be amended to read as follows:
An approved audible device, located on the exterior of the building in an approved
location, shall be connected to every automatic sprinkler system. In addition, alarm-
indicating audio/visual devices shall be seen and heard within all areas of the building.
Sprinkler water-flow devices shall be activated by water flow equivalent to the flow of a
single sprinkler of the smallest orifice size installed in the system. Where a fire alarm
system is installed, actuation of the automatic sprinkler system shall actuate the building
fire alarm system. Where automatic fire sprinklers provide protection to an area with an
approved flow switch interconnected to the fire alarm system, a white strobe shall be
installed at each multi-system sprinkler riser. The electrically operated audible and visual
blue strobe device (see amended Section 903.3.7) shall operate in conjunction with the
fire alarm system activation.
Section 903.4.2.1, entitled Test valves, shall be created to read as follows:
Fire sprinkler system inspector test valves shall be accessible at all times and located no
more than 6 feet above finished floor. On multiple riser systems, test valves shall be
marked as to which riser and area it tests.
Section 903.4.3, entitled Floor control valves, shall be amended to read as follows:
Approved supervised indicating control valves shall be provided at the point of
connection to the riser on each floor of all multiple story buildings.
Section 904.11.01, entitled Non-compliant Commercial Cooking Systems, shall be created and
shall read as follows:
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580
Any non-compliant dry-chemical extinguishing systems currently being utilized shall be
upgraded to a UL 300 approved wet-chemical system not later than January 1, 2006.
Section 905.3.1, entitled Height, shall be amended to read as follows:
Class III standpipe systems shall be installed throughout buildings where the floor
level of the highest story is more than 2 stories and/or 26 feet above the lowest
level of fire department vehicle ground access, or where the floor level of the
lowest story is more than 2 stories and/or 26 feet below the highest level of fire
department vehicle ground access.
Section 905.3.9, entitled Storage warehouses, shall be created to read as follows:
In all warehouse storage areas exceeding 50,000 square feet or where storage exceeds 12
feet high, interior 2 ½” fire hose valves with a 1 ½” reducer to a 1 ½” hose connection
shall be provided. Valves shall be located at each exterior door to the warehouse and/or
storage area. The location of all obstructions and/or rack storage shall be shown on any
plans. Where the system pressure exceeds 100 psi, a “Potter” reduced pressure adjustable
type valve shall be provided
Section 907.1.4, entitled Control/Annunciator panels, shall be created to read as follows:
All fire alarm control panels or full function annunciator panels shall be installed within
10 feet of the building main entrance, sprinkler room or in a location approved by the fire
code official.
Section 907.2.01, entitled Fire Alarm Application, shall be created to read as follows:
Notwithstanding other provisions within this section 907.2, fire alarm systems shall be
installed in all buildings or tenant spaces of 2,500 square feet or more where automatic
fire sprinkler systems are not installed.
Section 907.2.3, entitled Group E, shall be amended to delete each designated exception within
that section.
Section 907.2.7, entitled Group M, shall be amended to read as follows:
A manual fire alarm system that activates the occupant notification system in accordance
with Section 907.5 shall be installed in Group M occupancies where one of the following
conditions exists:
1. The combined Group M occupant load of all floors is 500 or more persons.
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2. The Group M occupant load is more than 100 persons above or below the lowest
level of exit discharge.
Multi-tenant Use Group M buildings will be “ring/alert by tenant,” activated by the fire
pull station/automatic fire detection, and shall include a weatherproof clear outside strobe
over the entrance to each tenant space as directed by the fire code official. All outside
strobes to be a minimum 75 candela.
Exceptions:
1. A manual fire alarm system is not required in covered or open mall buildings
complying with Section 402.
2. A manual fire alarm box shall be required in all buildings when equipped with a
fire alarm system and automatic fire sprinkler system.
Section 907.3.1, entitled Duct smoke detectors, shall be amended to read as follows, the
Exceptions to said section remaining as published:
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 2012, as
amended by chapter 16.32 of the Elgin Municipal Code, 1976, as amended.
Section 912.1.1, entitled Connection types, shall be created to read as follows:
All fire department connections shall be a NST 4” Storz connection with a 30 degree
downturn (Storz type only).
Section 913.1.1, entitled Test outlet valves, shall be created to read as follows:
An OS & Y control valve shall be provided on all fire pump test headers.
Section 1008.1.9.9, entitled Electromagnetically Locked Egress Doors, shall be amended to read
as follows:
Doors in the means of egress that are not otherwise required to have panic hardware in
buildings with an occupancy in Group A, B, E, M, R-1 or R-2, and doors to tenant spaces
in Group A, B, E, M, R-1 or R-2, shall be permitted to be electromagnetically locked if
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equipped with listed hardware that incorporates a built-in switch and meets the
requirements below:
1. The listed hardware that is affixed to the door leaf has an obvious method of
operation that is readily operated under all lighting conditions.
2. The listed hardware is capable of being operated with one hand.
3. Operation of the listed hardware releases to the electromagnetic lock and unlocks the
door immediately.
4. Loss of power to the listed hardware automatically unlocks the door.
5. Upon activation of the fire alarms system, the listed hardware will immediately
unlock the door. Upon reset of the alarm system, the listed hardware will reset/relock
the door.
Section 1024, entitled Luminous Egress Path Markings (sections 1024.1 through 1024.5,
inclusive), shall be deleted in its entirety.
Section 1103.7.1, entitled Use Group E, shall be amended to delete each designated exception
within that section.
Section 2306.2.3, entitled Above-Ground Tanks Located Outside, Above Grade, shall be
amended to read as follows:
Above-ground tanks shall not be used for the storage of Class I, II or III liquid motor
fuels, except as provided by this section.
1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall be
listed and labeled as protected above-ground tanks in accordance with UL 2085 and
shall be in accordance with Chapter 57. Such tanks shall be located in accordance
with Section 2306.2.3.01 of this Chapter.
2. Above-ground tanks used for outside, above-grade storage of Class II or IIIA liquids
shall be listed and labeled as protected above-ground tanks in accordance with UL
2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in
accordance with Section 2306.2.3.01 of this Chapter.
Exception: Other above-ground tanks that comply with Chapter 57 where approved
by the fire code official.
3. Tanks containing fuels shall not exceed 2,500 gallons in individual capacity or 5,000
gallons in aggregate capacity. Above ground storage tanks shall be limited to two (2)
VOLUME LXXVII OCTOBER 24, 2012
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such tanks at any location constituting a single “zoning lot” within the meaning of
that term in Title 19 of the Elgin Municipal Code, 1976, as amended.
4. Tanks located at farms, construction projects, or rural areas shall comply with Section
5706.2.
5. Above-ground tanks used for outside above-grade storage of Class IIIB liquid motor
fuel shall be listed and labeled in accordance with UL 142 or listed and labeled as
protected above-ground tanks in accordance with UL 2085 and shall be installed in
accordance with Chapter 57. Tank locations shall be in accordance with Section
2306.2.3.01 of this Chapter.
Table 2306.2.3 shall be deleted in its entirety.
Section 2306.2.3.01, entitled Minimum Separation Requirements for Above-Ground Tanks, shall
be created and read as follows:
All above-ground tanks, tanks in special enclosures, or tanks in vaults shall meet the
following criteria:
1. Individual tanks shall not exceed 2,500 gallons in individual capacity or 5,000 gallons
in aggregate capacity. Above ground storage tanks shall be limited to two (2) such tanks
at any location constituting a single zoning lot within the meaning of this code.
2. Each above-ground tank, vault, or special enclosure shall be separated from any
building, lot line, other tank, or public way by not less than a twenty (20) foot distance.
3. Each above-ground storage tank, vault, or special enclosure shall be surrounded by a
clear accessible space no less than three (3) feet in width to allow for maintenance and
inspection.
Section 2306.2.4, entitled Above-Ground Tanks Located in Above-Grade Vaults or Below-
Grade Vaults (sections 2306.2.4.1 and 2306.2.4.2, inclusive), shall be deleted in its entirety.
Section 2306.2.6, entitled Special Enclosures, subparagraph 6, shall be amended to read as
follows:
6. Tanks containing Class I, II, or IIIA liquids inside a special enclosure shall not exceed
2,500 gallons in individual capacity or 5,000 gallons in aggregate capacity.
Section 2306.7.7.2, entitled Location, shall be amended to read as follows:
Remote pumps installed above grade, on the exterior of buildings, shall be located not
less than twenty (20) feet from lot lines, buildings, other tanks, or public ways. Pumps
shall not be allowed to be installed inside of buildings without written authorization from
OCTOBER 24, 2012 VOLUME LXXVII
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the Fire Marshal. Pumps shall be substantially anchored and protected against physical
damage.
Section 3304.3, entitled Open Burning, shall be amended to read as follows:
Open burning shall be conducted only in accordance with section 307 of this chapter.
Section 5704.2.9.01, entitled Installation of Above-Ground Tanks, shall be created to read as
follows:
All above-ground storage of flammable and combustible liquids in tanks shall be installed
on a solid and level concrete pad, designed and capable of supporting the full weight of
the tank and contents.
Exception: Temporary tanks that will remain in place for less than ninety (90) days.
Section 5704.2.9.6.1, entitled Locations Where Above-Ground Tanks are Prohibited, shall be
amended to read as follows:
Above-ground storage tanks shall not be located in any manner constituting a threat to
life or property as deemed by the Fire Marshal. The location of above-ground storage
tanks shall comply with the provisions of Title 19 of the Elgin Municipal Code, 1976, as
amended and any other requirement provided by law.
Section 5706.2.4.4, entitled Locations Where Above-Ground Tanks are Prohibited, shall be
amended to read as follows:
Above-ground storage tanks shall not be located in any manner constituting a threat to
life or property as deemed by the Fire Marshal. The location of above-ground storage
tanks shall comply with the provisions of Title 19 of the Elgin Municipal Code, 1976, as
amended and any other requirement provided by law.
Section 6101.3, entitled Construction Documents, shall be amended to read as follows:
1. Where a single container is more than 30 gallons in water capacity or the aggregate
capacity of containers is more than 60 gallons in water capacity, the installer shall gain
approval from the Fire Marshal for such use. The Fire Prevention Bureau shall be notified
at least twenty-four (24) hours in advance of any installation or abandonment of such
systems.
2. Plans shall be submitted to the Office of the Illinois State Fire Marshal and the Elgin
Fire Prevention Bureau before construction and installation of storage containers over
2,000 gallons individual water capacity or when the aggregate water capacity exceeds
4,000 gallons.
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3. Plans shall be submitted to the Office of the Illinois State Fire Marshal and the Elgin
Fire Prevention Bureau before construction and installation of storage containers over
500 gallons individual water capacity or when the aggregate water capacity exceeds 1000
gallons.
Section 6104.2, entitled Maximum Capacity Within the Established Limits, shall be deleted in its
entirety.
Appendix A, entitled Board of Appeals, shall be deleted in its entirety.
Appendix B, entitled Fire-flow Requirements for Buildings, shall be adopted in its entirety.
Appendix C, entitled Fire Hydrant Locations and Distribution, shall be adopted in its entirety.
Appendix D, entitled Fire Apparatus Access Roads, shall be adopted in its entirety with the
following amendment:
D103.6, entitled Signs, shall be amended to comply with the design criteria set forth in
section 11.60.065 of the Elgin Municipal Code, 1976, as amended.
Appendix E, entitled Hazard Categories, shall be adopted in its entirety.
Appendix F, entitled Hazard Ranking, shall be adopted in its entirety.
Appendix G, entitled Cryogenic Fluids-Weight and Volume Equivalents, shall be adopted in its
entirety.
Appendix H, entitled Hazardous Materials Management Plan (HMMP) and Hazardous Materials
Inventory Statement (HMIS) Instructions, shall be adopted in its entirety.
Appendix I, entitled Fire Protection Systems – Noncompliant Conditions, shall be adopted in its
entirety.
Appendix J, entitled Building Information Sign, shall be adopted in its entirety.
16.28.040: NEW MATERIALS, PROCESSES, OR OCCUPANCIES WHICH MAY
REQUIRE PERMITS:
The City Manager, the Chief of the Fire Department and the Fire Marshal of the Fire Prevention
Bureau shall act as a committee to determine and specify, after giving affected persons an
opportunity to be heard, any new materials, processes or occupancies, which shall require
permits, in addition to those now enumerated in this chapter. The findings and decision of any
such committee meeting shall be prepared by the Fire Marshal of the Fire Prevention Bureau and
such written findings and decision shall be posted in a conspicuous place in the office of the Fire
Marshal of the Fire Prevention Bureau and the City Clerk. Copies of such findings and decision
shall be distributed to any interested person.
OCTOBER 24, 2012 VOLUME LXXVII
586
16.28.050: 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, either as presently adopted or to be adopted or amended in
the future, 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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G67-12 PASSED ADOPTING THE "INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2012 EDITION" AS THE PROPERTY MAINTENANCE
CODE FOR THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G67-12
AN ORDINANCE
ADOPTING THE “INTERNATIONAL PROPERTY MAINTENANCE CODE,
2012 EDITION” AS THE PROPERTY MAINTENANCE CODE FOR THE CITY OF ELGIN
VOLUME LXXVII OCTOBER 24, 2012
587
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 16.12 entitled “Property Maintenance Code,” of the Elgin
Municipal Code, 1976, as amended, be and is hereby repealed.
Section 2. That Chapter 16.12 entitled “Property Maintenance Code,” be and is hereby
added to the Elgin Municipal Code, 1976, as amended, to read as follows:
“Chapter 16.12
PROPERTY MAINTENANCE CODE
Section:
16.12.010 Adopted.
16.12.020 Additions, Insertions and Changes.
16.12.030 Conflicts with Other Provisions.
16.12.010 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 Property Maintenance Code
2012, as published by the International Code Council, be and is hereb y adopted as and shall be
known as the Property Maintenance 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 Property Maintenance Code
2012 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.
16.12.020 ADDITIONS, INSERTIONS AND CHANGES.
The International Property Maintenance Code 2012 is amended and revised in the
following respects:
Section 101.1, entitled “Title,” shall be amended to read as follows:
These regulations shall be known as the Property Maintenance Code of the City of Elgin,
hereinafter referred to within this chapter as “this code.”
Section 101.3, entitled “Intent,” shall be amended to read as follows:
This code shall be construed to secure its expressed intent, which is to ensure public
health, safety and welfare in so far as they are affected by the continued occupancy and
maintenance of structures and premises. Existing structures and premises that do not
comply with these provisions shall be altered or repaired to provide a minimum level of
health and safety as required herein. Repairs, alterations, additions to and change of
OCTOBER 24, 2012 VOLUME LXXVII
588
occupancy in existing buildings shall comply with the Elgin Municipal Code, 1976, as
amended.
Section 102.3, entitled “Application of other codes,” shall be amended to read as follows:
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the Elgin Municipal Code, 1976, as
amended. Nothing in this code shall be construed to cancel, modify or set aside any
provision of Title 19 of the Elgin Municipal Code, 1976, as amended.
Section 102.6, entitled “Historic buildings,” shall be deleted in its entirety.
Section 103.1, entitled “General,” shall be amended to read as follows:
The property maintenance division of the department of code administration and
development services is hereby created and the executive official in charge of the
department of code administration and development services shall be known as the code
official.
Section 103.2, entitled “Appointment,” shall be amended to read follows:
The code official shall be appointed by the city manager.
Section 103.5, entitled “Fees,” shall be amended to read as follows:
The fees for activities and services performed by the department in carrying out its
responsibilities under this code shall be as indicated in the provisions of the Elgin
Municipal Code, 1976, as amended.
Section 106.3, entitled “Prosecution of violation,” shall be amended to read as follows:
Any person who shall violate any provision of this code, or any person failing to comply
with a notice of violation or order served in accordance with Section 107, shall be
deemed guilty of a misdemeanor or civil infraction as determined by the city, and the
violation shall be deemed a strict liability offense. In the event of a violation of any
provision of this code, or if a notice of violation is not complied with, the code official
shall institute the appropriate proceeding at law or in equity to restrain, correct or abate
such violation, or to require the removal or termination of the unlawful occupancy of the
structure in violation of the provisions of this code or of the order or direction made
pursuant thereto. Any action taken by the city on such premises shall be charged against
the real estate upon which the structure is located and shall be a lien upon such real
estate.
Section 106.4, entitled “Violation penalties,” shall be amended to read as follows:
VOLUME LXXVII OCTOBER 24, 2012
589
Penalties shall be in accordance with the provisions set forth in Chapter 1.20 of the Elgin
Municipal Code, 1976, as amended.
Section 107.2, entitled “Form,” shall be amended to read as follows:
Such notice referenced in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a statement of any violations or charges assessed to date.
5. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with
the provisions of this code.
6. Inform the property owner of the right to appeal.
7. Include a statement of the right to file a lien in accordance with Section 106.3.
The failure to provide a notice referenced in Section 107.1, or the provision of a notice
not in accordance with Section 107.2, shall not be a defense in any proceeding to enforce
the regulations of this code or to prosecute a violation of the provisions of this code.
Section 107.3, entitled “Method of service,” shall be amended to read as follows:
Such notice shall be deemed to be properly served if a copy thereof is either:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address. If the notice
is returned showing that the letter was not delivered, a copy thereof shall be posted in
a conspicuous place in or about the structure affected by the notice; or
3. Posted in a conspicuous place in or about the structure affected by the notice.
4. Posted on the property in a conspicuous place.
Section 108.2, entitled “Closing of vacant structures,” shall be amended to read as follows:
If the structure is vacant and unfit for human habitation and occupancy, and is not in
danger of structural collapse, the code official is authorized to post a placard of
condemnation on the premises and order the structure closed up so as not to be an
attractive nuisance. Any enclosure order shall require the structure’s window and door
openings to be enclosed with wood painted in the same color as the window or door
frame surrounding the opening and shall also require such wood to be positioned and
secured flush with the interior border of the window or door frame surrounding the
opening. Upon failure of the owner to close up the premises within the time specified in
the order, the code official shall cause the premises to be closed and secured through any
available public agency or by contract or arrangement by private persons and the cost
thereof shall be charged against the real estate upon which the structure is located and
shall be a lien upon such real estate and may be collected by any other legal resource.
Section 111.2, entitled “Membership of the board,” shall be amended to read as follows:
The board of appeals shall consist of five members who are qualified by experience and
training to pass on matters pertaining to the property maintenance code and two members
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at large who may or may not have such experience and training. The board shall be
appointed by the mayor and city council.
Section 111.2.1, entitled “Alternate members,” shall be deleted in its entirety.
Section 111.2.4, entitled “Secretary,” shall be amended to read as follows:
The code official shall designate a qualified person to serve as secretary to the board.
The secretary shall maintain a detailed record of all board proceedings within the
department.
Section 111.2.5, entitled “Compensation of members,” shall be deleted in its entirety.
Section 111.3, entitled “Notice of meeting,” shall be amended to read as follows:
The board shall meet upon notice from the chairman or at stated periodic meetings.
Section 111.4, entitled “Open hearing,” shall be amended to read as follows:
All hearings before the board shall be open to the public. The appellant, the appellant’s
representative, the code official or his designee and any person whose interests are
affected shall be given an opportunity to be heard. A quorum shall consist of not less
than four board members.
Section 111.5, entitled “Postponed hearing,” shall be deleted in its entirety.
Section 111.6, entitled “Board decision,” shall be amended to read as follows:
The board shall modify or reverse the decision of the code official only by a concurring
vote of a majority of the board members present at the time of such vote.
Section 111.7, entitled “Court review,” shall be amended to read as follows:
The appellant shall have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Application for review shall be made in the manner and time
required by law following the issuance of the board’s written decision.
Section 112.4, entitled “Failure to comply,” shall be amended to read as follows:
Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or
VOLUME LXXVII OCTOBER 24, 2012
591
unsafe condition, shall be subject to a fine and penalties in accordance with the
provisions set forth in Chapter 1.20 of the Elgin Municipal Code, 1976, as amended.
Section 201.3 entitled “Terms defined in other codes,” shall be amended to read as follows:
Where terms are not defined in this code and are otherwise defined in the Elgin
Municipal Code, 1976, as amended, such terms shall have the meanings ascribed to them
as in such other provisions of the Elgin Municipal Code.
Section 202, entitled “General Definitions,” shall be amended so that the definition of the
term “Dwelling Unit”, as set forth within said section, reads as follows:
Dwelling unit. When used in this chapter, the term “dwelling unit” shall be ascribed the
same meaning for that term as defined in Title 19 of the Elgin Municipal Code, 1976, as
amended.
Section 202, entitled “General Definitions,” shall be amended so that the definition of the term
“Exterior Property”, as set forth within said section, reads as follows:
Exterior Property. The open space on the premises and on adjoining property under the
control of owners or operators of such premises including, without limitation, the tree
bank or parkway adjacent to any private premises.
Section 301.2, entitled “Responsibility,” shall be amended to read as follows:
The owner of the premises shall maintain the structures and exterior property in
compliance with these requirements. No person shall occupy or permit any other person
to occupy premises which are not in a sanitary and safe condition and which do not
comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit
or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling unit, rooming unit, housekeeping unit or premises which they
occupy and control. The owner of the premises shall be responsible for all conditions of
the premises and compliance with any requirements of this code, regardless of whether an
occupant may also be determined to be responsible for the same under any applicable
provision of this code.
Section 302.3, entitled “Sidewalks and driveways,” shall be amended to read as follows:
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair and maintained free from hazardous conditions. All driveways,
parking lots and parking spaces paved with asphalt shall be regularly maintained with
periodic sealcoating to protect the asphalt surface from the damaging effects of water,
gasoline, oil, salt and chemicals whenever cracks in the asphalt surface are present. No
driveway, parking lot or parking space may be created or expanded by using gravel or
any similar loose stone surface. All parking lot striping shall be maintained. All striping
applied to driveways, parking lots and parking spaces shall be maintained so that the
paint or other material used for the striping is clearly visible and the purpose for which
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the striping has been applied is readily recognizable.
Section 302.3.1, entitled “Parking of motor vehicles on paved surfaces only,” shall be created to
read as follows:
The parking of motor vehicles shall be on concrete or asphaltic paved surfaces only,
unless otherwise specifically provided for in the Elgin Municipal Code, 1976, as
amended.
Section 302.4, entitled “Weeds,” shall be amended to read as follows:
All premises and exterior property shall be maintained free from weeds in excess of 8
inches. Weeds shall be defined as all grasses, annual plants and vegetation, other than
trees or shrubs provided: however, this term shall not include cultivated flowers and
gardens. All noxious weeds shall be prohibited. Noxious weeds shall include the
following: ragweed, giant and common; Canada thistle, all varieties; perennial sow
thistle; European bind weed; hoary cress; leafy spurge; and Russian knapweed.
Section 302.4.1, entitled “Landscape Maintenance,” shall be created to read as follows:
Landscaped areas and required landscape yards shall be maintained free of litter and
weeds. All dead and unsightly plant material in required landscape yards shall be
replaced.
Section 302.8.1, entitled “Motor vehicle sales,” shall be created to read as follows:
The selling of previously owned vehicles from any premises zoned for residential use is
permitted, subject to the following restrictions:
1. Not more than two (2) vehicles may be offered for sale during any twelve (12)
month period.
2. A vehicle being offered for sale must be titled to the current resident of the
property upon which the vehicle is being offered for sale.
3. A vehicle may be offered for a period not exceeding twenty-one (21) days
within any twelve (12) month period.
4. Any vehicle being offered for sale shall be operable and properly licensed.
The selling of previously owned vehicles from any property in the city not zoned for
residential use is prohibited unless the property on which the previously owned vehicle is
being sold has been issued a certificate of occupancy or a certificate of reoccupancy for a
land use that permits the sale of previously owned vehicles at that location.
Section 302.10, entitled “Residential storage,” shall be created to read as follows:
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Household items incidental to and commonly and customarily associated with a dwelling
unit shall be stored entirely within an enclosed building. No commercial equipment or
materials shall be kept or stored out of doors in any residence district.
Section 302.11, entitled “Commercial storage,” shall be created to read as follows:
Items incidental to and commonly and customarily associated with the principal use
established on any premises zoned for business, commercial or industrial land uses shall
be stored within an enclosed building. The prohibitions of this section shall not apply to
any lawfully established “commercial operations yard,” as that term is defined in the
Elgin Municipal Code, 1976, as amended.
Section 302.12, entitled “Refuse collection area,” shall be created to read as follows:
All premises with more than four (4) dwelling units located in either the RC2 Residence
Conservation District or the RC3 Residence Conservation District, and all premises
located in the MFR Multiple-Family Residence Zoning District, PMFR Planned
Multiple-Family Residence District, CF Community Facility District, RB Residence
Business District, NB Neighborhood Business District, AB Area Business District, CC1
Center City District, CC2 Center City District, ORI Office Research Industrial District,
GI General Industrial District or CI Commercial Industrial District shall establish a refuse
collection area on the premises. The refuse collection area shall be screened from view
from adjoining property and public rights of way by a solid fence or wall at minimum
structure height of six (6) linear feet and shall not be located within a required build ing
setback from any type of lot line. For the purposes of this section “refuse collection area”
shall be defined as any portion of the premises where refuse is stored in approved
enclosures such as a “garbage can” or “garbage dumpster” until removed by a refuse
disposal service.
Section 302.13, entitled “Mobile storage containers,” shall be created to read as follows:
No mobile storage container shall remain on the exterior property area of any premises
for more than fourteen (14) days within any twelve (12) month period while such
property is owned by the same record owner. Mobile storage containers shall be placed
on a paved surface and the placement of the mobile storage container shall not encroach
upon the public right-of-way. For the purposes of this section, a “mobile storage
container” shall be defined as any container designed for on-site, exterior storage that is
capable of being transported to distant locations by a commercial motor vehicle and is
generally sized to accommodate the contents of an approximately 1200 square-foot or
greater dwelling unit.
Section 302.14, entitled “Holiday decorations,” shall be created to read as follows:
Decorations, including signs, that are clearly incidental, customary, and commonly
associated with a national, local, or religious holiday, may be displayed for a period of
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not more than sixty (60) days within a calendar year, and may be of any type, number,
area, height, location, illumination or animation, provided that no such holiday decoration
or sign shall be utilized for the purpose of advertising.
Section 302.15, entitled “Groundcover,” shall be created to read as follows:
Groundcover. Exterior property not covered by approved paving material shall be
covered by natural groundcover in sufficient quantities to reasonably cover all otherwise
exposed soil or ground, except as otherwise provided herein. Alternatively, any exterior
property not covered by approved paving material may be covered by decorative stone or
mulch in sufficient quantities to reasonably cover all otherwise exposed soil or ground
provided such decorative stone or mulch does not to exceed twenty-five percent of the
total area of the zoning lot. All groundcover shall comply with the noxious weed and
height provisions of Chapter 9.16 and Chapter 16.12 of the Elgin Municipal Code, 1976,
as amended. The provisions of this section shall not apply to the following:
A. Cultivated flowers and gardens;
B. Active construction sites;
C. Areas maintained and utilized for organized sporting or entertainment purposes, which
purposes require the existence of particular surfaces other than as provided herein;
provided, however, that no such purpose shall be deemed to constitute an exception to the
provisions of Chapter 9.16 and Chapter 16.12 of the Elgin Municipal Code, 1976, as
amended;
D. Areas which are physically incapable of supporting natural groundcover.
Section 302.16, entitled “Tree maintenance,” shall be created to read as follows:
A. Dead, decayed, diseased, defective or hazardous trees located on private property shall
be pruned, treated or removed under the direction and supervision of the code official or
his or her representative.
B. The owner of a lot or parcel of land upon which a dead, decayed, diseased, defective
or hazardous tree is found and fails to comply with an order of the code official to
remove, treat or prune such tree within thirty (30) days of the notice ordering such
removal, treatment or pruning shall be deemed in violation of this section.
C. The code official shall be authorized to order the removal, treatment or pruning of any
dead, decayed, diseased, defective or hazardous tree, located on private property in the
city.
D. In the event any dead, decayed, defective or hazardous tree has not been pruned,
treated or removed within thirty (30) days from the mailing of a notice ordering the
pruning, treatment or removal of such tree, or in the event that the code official has
determined that any dead, decayed, defective or hazardous tree constitutes a threat or
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imminent danger to life, health, safety or property, the code official or his or her
representative shall be authorized to enter upon any premises within the city to remove,
prune or treat such dead, decayed, diseased, defective or hazardous tree.
E. When the city has pruned, treated or removed a dead, decayed, diseased, defective or
hazardous tree in accordance with this section, and such owner refuses or neglects to pay
the cost of the city’s pruning, treatment or removal of the dead, decayed, diseased,
defective or hazardous tree within ten (10) days after the city’s mailing of a statement of
the costs for the pruning, treating or removing the dead, decayed, diseased, defective or
hazardous tree, the code official, or his or her designee, on behalf of the city, s hall file a
notice of lien within sixty (60) days after such cost and expense is incurred in the office
of the recorder of deeds of the county in which the property is located. Said lien shall be
a lien against the real estate superior to all other liens and encumbrances except tax liens.
However, said liens shall not be valid to any purchaser whose rights in and to such real
estate have arisen subsequent to the removal, pruning or treatment of the dead, decayed,
diseased, defective or hazardous tree and prior to the filing of notice of lien, and said lien
shall not be valid as to any mortgagee, judgment, creditor or other lien payment whose
rights in and to such real estate arise prior to the filing of such notice. The notice of lien
shall consist of a sworn statement, setting out a description of the real estate sufficient for
the identification thereof, the amount of money representing the cost and expense and
administrative fee incurred and payable for the service, and the date or dates when such
cost and expense was incurred.
F. After the notice of lien provided for in this section has been filed, upon payment to the
city for the cost and expense of said lien and payment of the release of lien fee by the
owner or any other persons interested in the property, the lien shall be released by the city
clerk on behalf of the city. The fee for issuing a release of lien filed pursuant to this
section shall be $25.00.
Section 302.17, entitled “Dead or decaying plants,” shall be created to read as follows:
All exterior property areas shall be maintained free from dead or decaying plants. The
prohibitions of this section shall not apply to any tree stump with a height of not more
than twenty-four inches (24”) above the ground.
Section 302.18, entitled “Outdoor Storage of Firewood”, shall be created to read as follows:
The outdoor storage of firewood shall be permitted, provided that any firewood is
required to be stored at least six (6) inches off the ground and stacked neatly. No
firewood shall be allowed in the front or side yards, and must be at least six (6) feet from
any lot line.
Section 304.2.1, entitled “Exterior Surface Maintenance,” shall be created to read as follows:
All premises shall be maintained free from buildup of dirt, grease, incomplete painting,
priming, or any other discoloration which creates an obvious uneven appearance.
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Section 304.3, entitled “Premises Identification,” shall be created to read as follows:
Buildings shall have approved address numbers placed in a position to be plainly legible
and visible from the street or road fronting the property. These numbers shall contrast
with their background. Address numbers shall be Arabic numerals and shall be a
minimum of 5 inches high with a minimum stroke width of 0.5 inch.
Section 304.13.3, entitled “Exterior window covering,” shall be created to read as follows:
No exterior surface on any window, skylight, porch or door shall be covered or insulated
with any material consisting of plastic, paper, foil or fiberglass, with the exception of
manufactured storm windows utilizing what is commonly referred to as “plexiglass.”
Section 304.14, entitled “Insect screens,” shall be amended to read as follows:
During the period from May 1 to October 31, every door, window and other outside
opening utilized or required for ventilation purposes serving any structure containing
habitable rooms, food preparation areas, food service areas, or any areas where products
to be included or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting screens of not less than
16 mesh per inch (16 mesh per 25 mm), and every swinging door shall have a self-
closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air
curtains or insect repellant fans, are employed.
Section 305.3, entitled “Interior surfaces,” shall be amended to read as follows:
All interior surfaces, including windows and doors, shall be maintained in good, clean
and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other
defective surface conditions shall be corrected. Floors located in kitchens, bathrooms and
toilet rooms shall be installed and maintained with materials rendering the floors
impervious to water.
Section 305.7, entitled “Hazardous Materials,” shall be created to read as follows:
Combustibles, flammable, explosive or other hazardous materials, such as paint, volatile
oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags,
shall not be accumulated or stored unless specifically authorized in relation to an
approved use or occupancy of the premises.
Section 305.8, entitled “Accumulation,” shall be created to read as follows:
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Rubbish, garbage or other materials shall not be stored or allowed to accumulate in
stairways, passageways, or in or around doors, windows, fire escapes or other means of
egress.
Section 310, entitled “Carbon Monoxide Alarm Detectors,” shall be created to read as follows:
A. DEFINITIONS.
For the purposes of this section:
“Approved carbon monoxide alarm” or “alarm” means carbon monoxide alarm that
complies with all the requirements of the rules and regulations of the Illinois State Fire
Marshal, bears the label of a nationally recognized testing laboratory, and complies with
the most recent standards of the Underwriters laboratories or the Canadian Standard
Association. “Dwelling Unit” means a room or suite of rooms used for human habitation,
and includes a single-family residence as well as each living unit of a multiple-family
residence and each living unit in a mixed use building.
B. INSTALLATION.
1. Every dwelling unit shall be equipped with at least one approved carbon monoxide
alarm in an operating condition within fifteen (15) feet of every room used for sleeping
purposes. The carbon monoxide alarm may be combined with the respective provisions
of the administrative code, reference standards, and departmental rules relating to both
smoke detecting devices and carbon monoxide alarms and provided that the combined
unit emits an alarm in a manner that clearly differentiates the hazard.
2. Every structure that contains more than one dwelling unit shall contain at least one
approved carbon monoxide alarms in operating condition within fifteen (15) feet of every
room used for sleeping purposes.
3. It is the responsibility of the owner of the structure to supply and install all required
alarms. It is the responsibility of the tenant to test and to provide general maintenance for
alarms within the tenant’s dwelling unit or rooming unit, and to notify the owner or
authorized agent of the owner in writing of any deficiencies that the tenant cannot
correct. The owner is responsible for providing one tenant per dwelling unit with written
information regarding alarm testing and maintenance. The tenant is responsible for
replacement of any required batteries in the carbon monoxide alarms in the tenant’s
dwelling unit, except that the owner shall ensure that the batteries are in operating
condition at the time tenant takes possession of the dwelling unit. The tenant shall
provide the owner or authorized agent of the owner with access to the dwelling unit to
correct any deficiencies in the carbon monoxide alarm that have been reported in writing
to the owner or the authorized agent of the owner. The carbon monoxide alarms required
under this code may be either battery powered, plug-in with battery back-up, or wired
into the structure’s AC power line with secondary battery back-up.
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C. FAILURE TO INSTALL OR MAINTAIN.
Failure to install or maintain in operating condition any carbon monoxide detector or
tampering with, removing, destroying, disconnecting or removing batteries from any
installed carbon monoxide alarm, except in the course of inspection, maintenance, or
replacement of the alarm, is in violations of this code.
D. EXEMPTIONS.
The following residential units shall not require carbon monoxide detectors:
1. A residential unit in a building that; (i) does not rely on combustion of fossil fuel for
heat, ventilation, hot water; (ii) is not connected in any way to a garage; and (iii) is not
sufficiently close to any ventilation source of carbon monoxide, as determined by local
building official, to receive carbon monoxide from that source.
2. A residential unit that is not sufficiently close to any source of carbon monoxide so as
to be at risk of receiving carbon monoxide from that source, as determined by the local
building official.
Section 401.2, shall be amended to be entitled “Light, Ventilation and Occupancy Limitations;
Responsibility,” and shall be amended to read as follows:
The owner of the structure shall provide and maintain light, ventilation and space
conditions in compliance with these requirements. A person shall not occupy any
premises or permit another person to occupy any premises that do not comply with the
requirements of this chapter.
Section 401.3 entitled “Alternative devices” shall be amended to read as follows:
In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the Elgin Municipal Code, 1976, as amended,
shall be permitted.
Section 403.5, entitled “Clothes dryer exhaust,” shall be amended to read as follows:
Clothes dryer exhaust systems shall be independent of all other systems and shall be
exhausted in accordance with the manufacturer’s instructions unless the manufacturer's
instructions expressly authorize interior venting. The owner or occupant of the dwell ing
unit shall have the burden of demonstrating the clothes dryer venting system conforms
with the manufacturer's instructions.
Section 404.3, entitled “Minimum Ceiling Heights,” Exception No. 2 shall be amended to read as
follows:
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Basement rooms in one-and two-family dwellings occupied exclusively for laundry,
study or recreation purposes, and bathrooms, having a ceiling height of not less than 6
feet 8 inches with not less than 6 feet 4 inches of clear height under beams, girders, ducts
and similar obstructions.
Section 404.4, shall be amended to be entitled “Bedroom Requirements,” and shall be amended
to read as follows:
Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5.
Section 404.4.1, shall be amended to be entitled “Area for sleeping purposes,” and shall be
amended to read as follows:
Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m 2) of
floor area, and every bedroom occupied by more than one person shall contain at least 50
square feet (4.6 m2) of floor area for each occupant thereof.
Section 404.4.4, entitled “Prohibited occupancy,” shall be amended to read as follows:
Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping
purposes.
Section 404.4.5, entitled “Other requirements,” shall be amended to read as follows:
Bedrooms in dwelling units containing one or more bedrooms must have closeable doors
that afford privacy. Bedrooms shall also comply with the applicable provisions of this
code including, but not limited to, the light, ventilation, room area, ceiling height and
room width requirements of this chapter; the plumbing facilities and water-heating
requirements of Chapter 5; the heating facilities and electrical receptacle requirements of
Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
Section 404.5, entitled “Overcrowding,” shall be amended to read as follows:
Dwelling units shall not be occupied by more occupants than permitted by the
minimum area requirements of Table 404.5.
TABLE 404.5
MINIMUM AREA REQUIREMENTS
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a. See Section 404.5.1 for combined living room/dining room spaces.
Section 404.5.1, entitled “Combined spaces,” shall be created to read as follows:
Combined living room and dining room spaces shall comply with the requirements of
Table 404.5 if the total area is equal to that required for separate rooms and if the space is
located so as to function as a combination living room/dining room.
Section 501.2, shall be amended to be entitled “Plumbing Facilities and Fixtures Requirements;
Responsibility,” and shall be amended to read as follows:
The owner of the structure shall provide and maintain such plumbing facilities and
plumbing fixtures in compliance with these requirements. A person shall not occupy any
premises or permit another person to occupy any premises which does not comply with
the requirements of this chapter.
Section 505.1, entitled “General,” shall be amended to read as follows:
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other
plumbing fixture shall be properly connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs
and showers shall be supplied with hot or tempered and cold running water in accordance
with the Elgin Municipal Code, 1976, as amended.
Section 507.1, shall be amended to be entitled “Storm drainage; General,” and shall be amended
to read as follows:
Drainage of roofs and paved areas, yards and courts, and other open areas on the
premises shall not be discharged in a manner that creates a public nuisance.
Notwithstanding anything to the contrary provided in this code, sump pump drainage
shall not be discharged onto or across any adjacent building, premises or public street or
sidewalk. The discharge pipe must be placed a minimum of six (6) feet from any lot line.
Section 601.2, shall be amended to be entitled “Mechanical and Electrical Requirements;
Responsibility,” and shall be amended to read as follows:
SPACE
MINIMUM AREA IN SQUARE FEET
1-2 Occupants 3-5 Occupants 6 or more Occupants
Living Rooma No Requirements 120 150 for 6 occupants plus ten
additional square feet for each
occupant over 6
Dining Rooma No Requirements 80 100 for 6 occupants plus seven
additional square feet for each
occupant over 6
Kitchen 50 50 60
Bedrooms Shall comply with Section 404.4
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The owner of the structure shall provide and maintain mechanical and electrical facilities
and equipment in compliance with these requirements. A person shall not occupy any
premises or permit another person to occupy any premises not comply with the
requirements of this chapter.
Section 602.2, entitled “Residential occupancies,” shall be amended to read as follows:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 65°F. (18°C) in all habitable rooms, bathrooms and toilet rooms based on
the winter outdoor design temperature for the locality indicated in Appendix D of the
2012 International Plumbing Code. Cooking appliances shall not be used to provide
space heating to meet the requirements of this section.
Section 602.3, entitled “Heat supply,” shall be amended to read as follows:
Every owner and operator of any building who rents, leases or lets one or more dwelling
unit, rooming unit, dormitory or guest room on terms, either express or implied, to
furnish heat to the occupants thereof shall supply sufficient h eat during the period from
October 1 to May 31 to maintain a temperature of not less than 65°F (18°C) in all
habitable rooms, bathrooms, and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design temperature
for the city, maintenance of the minimum room temperature shall not be required
provided that the heating system is operating at its full design capacity. The winter
outdoor design temperature for the locality shall be as indicated in Appendix D of the
2012 International Plumbing Code.
Section 602.4, entitled “Occupiable work spaces,” shall be amended to read as follows:
Indoor occupiable work spaces shall be supplied with heat during the period from
October 1 to May 31 to maintain a temperature of not less than 65°F. (18°C) during the
period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature
conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
Section 604.2 entitled “Service,” shall be amended to read as follows:
The size and usage of appliances and equipment shall serve as a basis for determining the
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need for additional facilities in accordance with the Elgin Municipal Code, 1976, as
amended. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase
electrical service having a rating of not less than 60 amperes.
Section 606.1 shall be amended to be entitled “Elevators, escalators and dumbwaiters; General,”
and shall be amended to read as follows:
Elevators, dumbwaiters and escalators shall be maintained in compliance with the Elgin
Municipal Code, 1976, as amended, and shall be maintained to sustain safely all imposed
loads, to operate properly, and to be free from physical and fire hazards. The most
current certification of inspection shall be on display at all times within the elevator or
attached to the escalator or dumbwaiter, or the certificate shall be available for public
inspection in the office of the building operator. The inspection and tests shall be
performed at not less than the periodic intervals provided for in the Elgin Municipal
Code, 1976, as amended, except where otherwise specified by the authority having
jurisdiction.
Section 701.2, shall be amended to be entitled “Fire Safety Requirements; Responsibility,” and
shall be amended to read as follows:
The owner of the premises shall provide and maintain such fire safety facilities and
equipment in compliance with these requirements. A person shall not occupy any
premises or permit another person to occupy any premises that do not comply with the
requirements of this chapter.
Section 702.1 entitled “General,” shall be amended to read as follows:
A safe, continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with the Elgin
Municipal Code, 1976, as amended.
Section 702.2 entitled “Aisles,” shall be amended to read as follows:
The required width of aisles in accordance with the Elgin Municipal Code, 1976,
as amended shall be unobstructed.
Section 702.3 entitled “Locked doors,” shall be amended to read as follows:
All means of egress doors shall be readily openable from the side from which egress is to
be made without the need for keys, special knowledge or effort, except where the door
hardware conforms to that permitted by the Elgin Municipal Code, 1976, as amended.
Section 702.4, entitled “Emergency escape openings,” shall be amended to read as
follows:
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Every sleeping room located in a basement in residential and group home occupancies
shall have at least one openable window or exterior door approved for emergency egress
or rescue; or shall have access to not less than two approved independent exits.
Every basement area in residential and group home occupancies which includes a kitchen
or an area with cooking facilities shall have at least one exterior door approved for
emergency egress, or shall have access to not less than two approved independent exits.
Exception: Buildings equipped throughout with an automatic fire suppression system.
Section 704.1 entitled “General,” shall be amended to read as follows:
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or
control a fire or any combination thereof shall be maintained in an operable condition at
all times in accordance with the Elgin Municipal Code, 1976, as amended.
Section 704.2, entitled “Smoke alarms,” shall be amended to read as follows:
A. DEFINITIONS.
For the purposes of this section:
“Approved smoke detector” or “detector” means a smoke detector of the ionization or
photoelectric type, which complies with all the requirements of the Rules and
Regulations of the Illinois State Fire Marshal.
“Dwelling unit” means a room or suite of rooms used for human habitation, and includes
a single family residence as well as each living unit of a multiple family residence and
each living unit in a mixed-use building.
“Hotel” means any building or buildings maintained, advertised, or held out to the public
to be a place where lodging is offered for consideration to travelers and guests. “Hotel”
includes inns, motels, tourist homes or courts, bed and breakfast establishments and
lodging houses.
B. INSTALLATION.
1. Every dwelling unit shall be equipped with at least one approved smoke detector in an
operating condition within 15 feet of every room used for sleeping purposes. The
detector shall be installed on the ceiling and at least 6 inches from any wall, or on a wall
located between 4 and 6 inches from the ceiling, or in each room used for sleeping
purposes, or where determined by listing or labeling of the unit.
2. Every single family residence shall have at least one approved smoke detector ins talled
on every story of the dwelling unit, including basements but not including unoccupied
attics. In dwelling units with split levels, a smoke detector installed on the upper level
shall suffice for the adjacent lower level if the lower level is less than one full story
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below the upper level; however, if there is an intervening door between the adjacent
levels, a smoke detector shall be installed on each level.
3. Every structure which (1) contains more than one dwelling unit, or (2) contains at least
one dwelling unit and is a mixed-use structure, shall contain at least one approved smoke
detector at the uppermost ceiling of each interior stairwell. The detector shall be installed
on the ceiling, at least 6 inches from the wall, or on a wall located between 4 and 6 inches
from the ceiling.
4. It shall be the responsibility of the owner of a structure to supply and install all
required detectors. The owner shall be responsible for making reasonable efforts to test
and maintain detectors in common stairwells and hallways. It shall be the responsibility
of a tenant to test and to provide general maintenance for the detectors within the tenant's
dwelling unit or rooming unit, and to notify the owner or the authorized agent of the
owner in writing of any deficiencies which the tenant cannot correct. The owner shall be
responsible for providing one tenant per dwelling unit with written information regarding
detector testing and maintenance.
The tenant shall be responsible for replacement of any required batt eries in the smoke
detectors in the tenant's dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant takes possession of the dwelling
unit. The tenant shall provide the owner or the authorized agent of the owner with access
to the dwelling unit to correct any deficiencies in the smoke detector which have been
reported in writing to the owner or the authorized agent of the owner.
5. The requirements of this Section shall apply to any dwelling unit in existence on
July 1, 1988, beginning on that date. Except as provided in subsections 6 and 7, the
smoke detectors required in such dwelling units may be either battery powered or wired
into the structure’s AC power line, and need not be interconnected.
6. In the case of any dwelling unit that is newly constructed, reconstructed, or
substantially remodeled after December 31, 1987, the requirements of this Section shall
apply beginning on the first day of occupancy of the dwelling unit after such
construction, reconstruction or substantial remodeling. The smoke detectors required in
such dwelling unit shall be permanently wired into the structure's AC power line, and if
more than one detector is required to be installed within the dwelling unit, the detectors
shall be wired so that the actuation of one detector will actuate all the detectors in the
dwelling unit.
7. Every hotel shall be equipped with operational portable smoke-detecting alarm devices
for the deaf and hearing impaired of audible and visual design, available for units of
occupancy.
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Specialized smoke-detectors for the deaf and hearing impaired shall be available upon
request by guests in such hotels at a rate of at least one such smoke detector per 75
occupancy units or portions thereof, not to exceed 5 such smoke detectors per hotel.
Incorporation or connection into an existing interior alarm system, so as to be capable of
being activated by the system, may be utilized in lieu of the portable alarms.
Operators of any hotel shall post conspicuously at the main desk a permanent notice, in
letters at least 3 inches in height, stating that smoke detector alarm devices for the deaf
and hearing impaired are available. The proprietor may require a refundable deposit for a
portable smoke detector not to exceed the cost of the detector.
C. TAMPERING.
Anyone tampering or interfering with the effectiveness of a smoke detector shall be in
violation of this code.
Section 704.3, entitled “Power source,” shall be deleted in its entirety.
Section 704.4, entitled “Interconnection,” shall be deleted in its entirety.
Appendix A, entitled “Boarding Standard,” shall be deleted in its entirety.
16.12.030: 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, either as presently adopted or to be adopted or amended in
the future, 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, provided that such repeal shall not affect or prevent
any punishment or penalty incurred before this ordinance took effect, nor shall such repeal affect
or prevent the prosecution or punishment of any person for any act done or committed in
violation of any ordinance hereby repealed prior to this ordinance taking effect.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
OCTOBER 24, 2012 VOLUME LXXVII
606
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G68-12 PASSED ADOPTING THE INTERNATIONAL MECHANICAL
CODE 2012 AND THE NFPA 54 NATIONAL FUEL GAS CODE, 2012 EDITION, AS
THE HEATING, VENTILATING AND AIR CONDITIONING CODE OF THE CITY OF
ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G68-12
AN ORDINANCE
ADOPTING THE INTERNATIONAL MECHANICAL CODE 2012
AND THE NFPA 54 NATIONAL FUEL GAS CODE, 2012 EDITION, AS THE HEATING,
VENTILATING AND AIR CONDITIONING CODE OF 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.
VOLUME LXXVII OCTOBER 24, 2012
607
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 2012 as published by the International Code Council, Inc., and NFPA 54
National Fuel Gas Code 2012, 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 2012 and NFPA 54 National Fuel Gas Code 2012 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.
16.32.020 ADDITIONS, INSERTIONS AND CHANGES.
A. The International Mechanical Code 2012 is amended and revised in the following
respects:
Section 103 Department of Mechanical Inspection (sections 103.1 through 103.4,
inclusive), 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.
Sections 109.1.1 through 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.
Section 403.3 Outdoor airflow 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 this section. 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
OCTOBER 24, 2012 VOLUME LXXVII
608
403.3. Ventilation rates for occupancies not represented in Table 403.3 shall be
those for a listed occupancy classification that is most similar in terms of
occupant density, activities and building construction; or 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 within 10 degrees Fahrenheit.
With the exception of smoking lounges, the ventilation rates in Table 403.3 are
based on the absence of smoking in occupiable spaces. Where smoking is
anticipated in a space other than a smoking lounge, the ventilation system serving
the space shall be designed to provide ventilation over and above that required by
Table 403.3 in accordance with accepted engineering practice.
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.
Section 507.2.1.1 Operation, shall be amended to read as follows:
Type I hood systems shall be designed and installed to automatically activate the
exhaust fan whenever cooking operations occur. The activation of the exhaust fan
shall occur through an interlock with the cooking appliances, by means of heat
sensors or by means of other approved methods.
Section 510.7 Suppression required, shall be amended to delete Exception No. 2.
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 2012,
as amended by Chapter 16.04 of the Elgin Municipal Code, 1976, as amended.
VOLUME LXXVII OCTOBER 24, 2012
609
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 2012, 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.)
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 such that it shall be entitled
“Supply air systems,” and is further amended to read as follows:
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
OCTOBER 24, 2012 VOLUME LXXVII
610
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 2012 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:
1. Smoke detectors required by Sections 606.2.1 and 606.2.3 of this chapter
16.32.
2. An approved area smoke detector system located the supply air plenum
serving such units.
3. An area smoke detector system as prescribed in the exception to Section
606.2.1.
In all cases, the smoke detectors shall comply with sections 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.
VOLUME LXXVII OCTOBER 24, 2012
611
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 NFPA 54 National Fuel Gas Code 2012 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.
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 and 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-occupant of single-family detached residence.
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 NFPA Pamphlet No. 54, as amended
by this chapter.
OCTOBER 24, 2012 VOLUME LXXVII
612
16.32.040 CONFLICTS WITH OTHER PROVISIONS.
In all instances where the provisions of these codes adopted in this chapter conflict with any
other provision of the Elgin Municipal Code regulating the same subject matter, 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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G69-12 PASSED ADOPTING THE "NFPA 101, LIFE SAFETY CODE,
2012 EDITION" AS THE LIFE SAFETY CODE OF THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G69-12
AN ORDINANCE
ADOPTING THE “NFPA 101, LIFE SAFETY CODE, 2012 EDITION”
AS THE LIFE SAFETY CODE OF THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 16.29 entitled “Life Safety Code” of the Elgin Municipal Code,
1976, as amended, be and is hereby repealed.
VOLUME LXXVII OCTOBER 24, 2012
613
Section 2. That Chapter 16.29 entitled “Life Safety Code” be and is hereby added to the
Elgin Municipal Code, 1976, as amended, to read as follows:
CHAPTER 16.29
LIFE SAFETY CODE
SECTION:
16.29.010: Adopted; Exceptions.
16.29.020: Fire Prevention Bureau.
16.29.030: Addition, Insertions, and Changes.
16.29.040: Conflicts with Other Provisions.
16.29.010: 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 “NFPA 101, Life Safety Code, 2012 Edition,” as
published by the National Fire Protection Association, be and is hereby adopted as and shall be
known as the Life Safety Code of the City of Elgin for establishing minimum requirements, with
due regard to function, for the design, operation, and maintenance of buildings and structures for
safety to life from fires; and each and all of the regulations, provisions, penalties, conditions and
terms of said NFPA 101, Life Safety Code, 2012 Edition 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.
16.29.020: FIRE PREVENTION BUREAU:
A. The life safety code shall be enforced by the Fire Marshal of the Fire Prevention Bureau
of the City of Elgin Fire Department, sometimes referred to in this chapter as the Fire
Department, which is established and which shall be operated under the supervision of
the Chief of the Fire Department.
B. The Chief of the Fire Department may detail such members of the Fire Department as
inspectors as shall from time to time be necessary. The Chief of the Fire Department shall
recommend to the City Manager the employment of technical inspectors.
16.29.030: ADDITIONS, INSERTIONS, AND CHANGES:
The NFPA 101, Life Safety Code, 2012 Edition is amended and revised in the following respects:
CHILD CARE FACILITIES
A. Day Care Centers. Those facilities regulated under Chapters 16 and 17 (Day-Care
Centers) of the Life Safety Code shall include only:
OCTOBER 24, 2012 VOLUME LXXVII
614
1. Any facility licensed as a Day Care Center by the State of Illinois Department of
Children and Family Services;
2. Any unlicensed facility that regularly provides day care for less than 24 hours per
day for more than 8 children in a family home, or more than 3 children in a
facility other than a family home;
3. Part day child care facilities, as defined in the State of Illinois Child Care Act of
1969 (225 ILCS 10/1 et seq.).
B. Family Day-Care Homes. Those facilities regulated under Chapters 16 and 17
(Family Day-Care Homes) of the Life Safety Code shall include only:
1. Any facility licensed as a day care home by the State of Illinois Department of
Children and Family Services;
2. Any unlicensed facility that is a family home that receives more than 3 up to a
maximum of 12 children for less than 24 hours per day. The number counted
includes the family's natural or adopted children and all other persons under the
age of 12. This subsection (B)(2) does not affect facilities that receive only
children from a single household.
C. Group Day-Care Homes. Those facilities regulated under Chapters 16 and 17 (Group
Day-Care Homes) of the Life Safety Code shall include only:
1. Any facility licensed as a group day care home by the State of Illinois Department
of Children and Family Services; or
2. Any unlicensed facility that is a family home that receives more than 3 up to a
maximum of 16 children for less than 24 hours per day. The number counted
includes the family's natural or adopted children and all other persons under the
age of 12.
D. For purpose of determining the classification of a child care facility, current State of
Illinois Department of Children and Family Services guidelines will be applied.
CHILD-TO-STAFF RATIOS
Child-to-Staff ratios in day care facilities shall comply with 89 Ill. Adm. Code 406 , 407
and 408, and with the State of Illinois Child Care Act of 1969 (225 ILCS 10/1 et seq.).
Any conflicting provisions of the Life Safety Code are inapplicable.
VOLUME LXXVII OCTOBER 24, 2012
615
ONE- AND TWO-FAMILY DWELLINGS
Chapter 24 (One- and Two-Family Dwellings) is adopted as recommended guidelines
only.
EXITS IN DAY CARE HOME OR GROUP DAY CARE HOME OCCUPANCIES
When clients occupy a level below the level of exit discharge in a day care home or
group day care home occupancy, exiting shall be provided in accordance with the
requirements of the applicable edition of the Life Safety Code, or with the following:
A. Primary Means of Egress
1. If an exit discharging directly to the outside at the basement level is not provided,
and therefore occupants must traverse another level of the home to exit, the path
of egress through the level of exit discharge shall be separated from the remainder
of that level of the home by construction providing a minimum fire resistance
rating of 1-hour, or
2. The home shall be equipped with smoke detectors permanently powered by the
building's electrical system and wired so that the actuation of one detector will
actuate all the detectors in the dwelling. At least one such smoke detector shall be
located on each level of the occupancy (excluding unoccupied attics), and the path
of egress through the level of exit discharge (from the basement door to the
exterior door of the home) must be protected by automatic fire sprinklers. Listed
residential sprinklers shall be used and the installation shall be made in
accordance with National Fire Protection Association Standard #13D, Installation
of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured
Homes - 2010 edition.
B. Secondary Means of Egress
If a window is used where the size is not in accordance with the applicable edition of
the Life Safety Code, the owner or operator of the day care or group day care home
must demonstrate to an on-site representative of the Office of the State Fire Marshal
that all occupants (staff and clients) can escape through the window to the exterior of
the home in 3 minutes or less. The bottom sill of any window used as a secondary
means of escape shall be within 44 inches of the floor as required by the Life Safety
Code, or a permanently fixed stair or ramp shall be installed at the window to allow
occupants to be within 44 inches of the bottom window sill when standing atop the
stair or ramp.
16.29.040: CONFLICTS WITH OTHER PROVISIONS:
When a provision of this chapter conflicts with any other provision of the Elgin Municipal Code,
1976, as amended, regulating the same subject matter, the more stringent or restrictive provision
OCTOBER 24, 2012 VOLUME LXXVII
616
shall apply. Where the conflict involves circumstances or conditions where the level of
restrictiveness is not clear or applicable, the other provisions of the Elgin Municipal 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/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G70-12 PASSED ADOPTING THE NFPA 70 NATIONAL ELECTRIC
CODE, 2011 EDITION, AS THE ELECTRICAL CODE FOR THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G70-12
AN ORDINANCE
ADOPTING THE NFPA 70 NATIONAL ELECTRIC CODE, 2011 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.
VOLUME LXXVII OCTOBER 24, 2012
617
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 Department of Code Administration.
16.24.030 Permits-Required.
16.24.040 Registrations of Electrical Contractors.
16.24.050 Inspections Required.
16.24.060 Adoption of Local Utility Company Information and Requirements for
Supply of Electric Service.
16.24.070 Additions, Insertions and Changes.
16.24.080 Conflicts With Other Provisions.
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, 2011
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, 2011 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 DEPARTMENT OF CODE ADMINISTRATION.
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.
OCTOBER 24, 2012 VOLUME LXXVII
618
16.24.030 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 contractor’s registration. Owner-occupants shall satisfy the pre-qualification
provisions of the City prior to being granted a permit.
16.24.040 REGISTRATION OF ELECTRICAL CONTRACTORS.
A. Any person, firm or corporation engaging in the business of electrical contr acting 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.
16.24.050 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
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
VOLUME LXXVII OCTOBER 24, 2012
619
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.
16.24.060 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 shall be
on file in the office of the Department of Code Administration.
16.24.070 ADDITIONS, INSERTIONS AND CHANGES.
The National Electrical Code 2011 (NFPA 70) is amended and revised in the following respects:
Article 100 Definitions, shall be amended to read as follows:
The following words and phrases used in this code shall have and include the several
meanings given in this section:
OCTOBER 24, 2012 VOLUME LXXVII
620
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.
ELECTRICAL 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 s ignals, 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.
Section 110.24(A) Field Marking, shall be amended to read as follows:
Service equipment in other than dwelling units shall be legibly marked in the field with
the maximum available fault current. The field marking(s) shall include the date the fault
current calculation was performed, the correct fault current per the review at that time,
the maximum available fault current, and be of sufficient durability(as determined by the
building official) to withstand the environment involved.
Section 210.12(A) Dwelling Units, shall be amended to read as follows:
All 120-volt, single phase, 15- and 20- ampere branch circuits supplying receptacle
outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit
interrupter, combination type, installed to provide protection of the branch circuit.
Section 210.52(D) Bathrooms, shall be amended to read as follows:
In dwelling units, at least one receptacle outlet shall be installed in bathrooms within 900
mm (3 ft.) of the outside edge of each basin. The receptacle outlet shall be located on a
wall or partition that is adjacent to the basin or basin countertop, or installed on the side
or face of the basin cabinet not more than 300 mm (12 in) below the countertop.
VOLUME LXXVII OCTOBER 24, 2012
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Section 210.52(G)(1) Basements, Garages, and Accessory Buildings, shall be amended to read as
follows:
At least one receptacle outlet, in addition to those for specific equipment, shall be
installed in each basement, in each attached or detached garage, and in each accessory
building with electric power.
Section 210.70(A)(2)(b) Additional Locations, shall be amended to read as follows:
For dwelling units, attached garages and detached garages, at least one wall switch
controlled lighting outlet shall be installed to provide illumination on the exterior side of
outdoor entrances or exits with grade level access. A vehicle door in a garage shall not be
considered as an outdoor access.
Section 210.70(A)(2)(d) Additional Light Fixtures, shall be created to read 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. 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. 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.
Section 225.27 Raceway Seal, shall be amended to read as follows:
Where a raceway enters a building or structure from an underground distribution system,
it shall be sealed in accordance with 300.5(G) with a listed duct seal. Spare or unused
raceways shall also be sealed. The duct seal shall be identified for use with the cable
insulation, shield, or other components.
Section 225.31 Disconnecting Means, shall be amended to read as follows:
Means shall be provided for disconnecting all ungrounded conductors that supply or pass
through the building or structure. Detached garages, sheds and/or accessory structures
shall be provided with this disconnecting means, which shall be properly labeled.
Section 225.32 Location, shall be amended to read as follows:
The disconnecting means shall be installed either inside or outside of the building or
structure served or where conductors pass through the building or structure. The
disconnecting means shall be at a readily accessible location nearest the point of entrance
of the conductors. For the purposes of this section, the requirements in 230.6 shall be
utilized. None of the below exceptions shall apply to residential applications.
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Exception No. 1: For installations under single management, where documented safe
switching procedures are established and maintained for disconnection, and where the
installation is monitored by qualified individuals, the disconnecting means shall be
permitted to be located elsewhere on the premises.
Exception No. 2: For buildings or other structures qualifying under the provisions of
Article 685, the disconnecting means shall be permitted to be located elsewhere on the
premises.
Exception No. 3: For towers or poles used as lighting standards, the disconnecting means
shall be permitted to be located elsewhere on the premises.
Exception No. 4: For poles or similar structures used only for support of signs installed in
accordance with Article 600, the disconnecting means shall be permitted to be located
elsewhere on the premises.
Section 230.8 Raceway Seal, shall be amended to read as follows:
Where a raceway enters a building or structure from an underground distribution system,
it shall be sealed in accordance with 300.5(G) with a listed duct seal. Spare or unused
raceways shall also be sealed. The duct seal shall be identified for use with the cable
insulation, shield, or other components.
Section 230.9(D) Clearances, shall be created to read as follows:
A minimum spacing of 900 mm (3 ft.) shall be maintained between the electric meter or
outside disconnect and the gas meter. A minimum of 6 inches of clearance shall be
maintained from the arc of any swinging door. Meters shall not be installed over a
sidewalk, driveway, or paved areas without protective barriers. Meters are not to be
installed in locations susceptible to vehicle damage.
Section 230.25 Service masts, shall be created to read as follows:
Service masts or risers shall be a minimum of 1-1/4 inches in size. Additionally, when
used as a support for the service drop, service risers up to 100 amps shall be a minimum
2-1/2 inches in size and shall be a minimum 3 inches in size over 100 amps, and shall be
(steel) rigid metal conduit.
Section 230.27 Means of Attachment, shall be amended to read as follows:
Multiconductor cables used for overhead service conductors shall be attached to the
building or other structures by fittings identified for use with service conductors. Roof
plates shall not be used as a service drop support.
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Section 230.31(B) Minimum Size, shall be amended to read as follows:
The conductor shall not be smaller than 8 AWG copper.
Exception: Conductors supplying only limited loads of a single branch circuit – such as
small polyphase power, controlled water heaters, and similar loads – shall not be smaller
than 12 AWG copper.
Section 230.43 Wiring Methods for 600 Volts, Nominal, or Less shall be amended to read as
follows:
Service entrance conductors shall be installed in accordance with the applicable
requirements of this Chapter 16.24, as amended, covering the methods used and shall be
limited to the following methods:
1. Rigid Metal Conduit.
2. Intermediate Metal Conduit.
3. Wireways.
4. Busways.
5. Auxiliary Gutters.
6. Rigid Polyvinyl Chloride (PVC) Conduit.
7. Cablebus.
8. Flexible metal conduit not over 1.8 m (6 ft.) long or liquidtight flexible metal
conduit not over 1.8 m (6 ft.) long between raceways or between raceway and
service equipment, with equipment bonding jumper routed with flexible metal
conduit or the liquidtight flexible conduit according to provisions of Section
250.102(A), (B), and (C).
9. High density polyethylene conduit (HDPE) allowed for directional boring only.
Section 230.44 Cable Trays, shall be deleted in its entirety.
Section 230.45 Overhead Conductors, shall be created to read as follows:
Duplex service conductors shall provide a minimum of two (2) #1 AWG and one (1) #2
AWG copper conductors. All single family and duplex dwellings requiring separate riser
installations shall have a minimum service capacity of two (2) #2 and one (1) #3 copper
conductors. There shall be no junction or outlet boxes in a service run. Weather tight
fittings shall be used in service runs from the service head to the meter cabinets. Revision
of services shall conform to new service requirements. Junction boxes are allowed when
approved by the building official prior to installation.
Section 230.46 Spliced Conductors, shall be amended to read as follows:
Service entrance conductors shall be continuous (without splices), from the service head
to the meter fitting and service disconnecting means.
OCTOBER 24, 2012 VOLUME LXXVII
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Section 230.63 Service Upgrades, shall be created to read as follows:
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 18 inches in exposed areas in order to
connect to 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.
Note: Service revisions not requiring a new service panel may continue the use of tandem
breakers; all other revisions will conform to new service requirements.
Section 230.70(A)(1) Readily Accessible Location, shall be amended to read as follows:
The service disconnecting means shall be installed at a readily accessible location either
outside a building or structure or inside the nearest point of entrance for the service
conductors. When installed inside, the nearest point shall be defined as that point using
not more than 5 feet of IMC or other approved raceway.
Section 230.72(C) Access to Occupants, shall be amended to read as follows:
In a newly constructed or remodeled multi-occupancy building, each occupant shall have
access to the occupant’s service disconnecting means. Each service main, or branch
feeder, disconnect must be marked so it is easily identified as to which unit is being
served by that disconnect.
Exception: In a multiple-occupancy building where electric service and electrical
maintenance are provided by the building management and where these are under
continuous building management supervision, the service disconnecting means supplying
more than one occupancy, shall be permitted to be accessible to authorized management
personnel only.
Section 230.79(C) One-Family Dwellings, shall be amended to read as follows:
For a one-family dwelling, as well as all other permanent dwelling units, the service
disconnecting means shall have a rating of not less than 100 amperes, 3 -wire. A
minimum twenty (20) space branch circuit panel is required; four (4) breaker spaces shall
be provide for future use. Split bus and tandem breakers are prohibited. Panel schedules
and load calculations shall be required for each installation.
Section 240.4(H) Circuit Panels, shall be created to read as follows:
Except as 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 load stated herein, except that for
single-family dwellings the minimum shall not be less than one (1) circuit for every 350
VOLUME LXXVII OCTOBER 24, 2012
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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
the basement, enclosed porches, garages, and breezeways.
Section 240.91(B) Devices rated Over 800 Amperes, shall be deleted in its entirety.
Section 250.52(B) Not Permitted for Use as Grounding Electrodes, shall be amended to read as
follows:
The following systems and materials shall not be used as grounding electrodes:
(1) Metal underground gas piping.
(2) Aluminum.
(3) Building fire sprinkler system.
Section 250.53(A)(3) Supplemental Electrodes, shall be amended to read as follows:
If multiple rod, pipe, or plate electrodes are installed to meet the requirements of this
section, they shall not be less than 1.8 m (6 ft.) apart. That portion of the grounding
electrode conductor between the grounding electrodes shall be protected by an approved
raceway. Ferrous metal raceways shall be bonded to the grounding electrode conductors
at both ends.
Section 250.62 Grounding Electrode Conductor Material, shall be amended to read as follows:
The grounding electrode conductor shall be of copper. The material shall be resistant to
any corrosive condition existing at the installation or shall be protected against corrosion.
The conductor shall be solid or stranded and insulated. This conductor shall be routed to
avoid physical damage.
Section 250.64(A) Aluminum or Copper-Clad Aluminum Conductors, shall be deleted in its
entirety.
Section 250.118 Types of Equipment Grounding Conductors, shall be amended to read as
follows:
An equipment grounding conductor shall be run in all raceways for all types of
construction. This conductor shall be bonded to all metal boxes, wiring devices, motors,
utilization equipment, and all devices requiring grounding. The conductors shall be as
follows:
(1) A copper conductor, solid or stranded, with green insulation or green insulation
with one or more continuous yellow stripes.
(2) Cablebus framework as permitted in Section 370.3.
OCTOBER 24, 2012 VOLUME LXXVII
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Section 250.120 Equipment Grounding Conductor Installation, shall be amended to read as
follows:
An equipment grounding conductor shall be installed in accordance with Section
250.120(A) and (C). This equipment grounding conductor shall be green insulated, or
green insulated with one or more continuous yellow stripes, either solid or stranded, sized
in accordance with Table 250.122.
(A) Cablebus. Where it consists of a cablebus framework, or where it is a wire within a
raceway, it shall be installed in accordance with the applicable provisions in this Code
using fittings for joints and terminations approved for use with the type of raceways used.
All connections and joints shall be made tight using suitable tools.
(B) Aluminum and Copper-Clad Aluminum Conductors. Deleted.
(C) Equipment Grounding Conductors Smaller Than 6 AWG. Where not routed with
circuit conductors as permitted in Sections 250.130(C) and 250.134(B) Exception No. 2,
equipment grounding conductors smaller than 6 AWG shall be protected from physical
damage by an identified raceway or cable armor unless installed within hollow spaces of
framing members of the building or structures and where not subject to physical damage.
Section 250.146 Connecting Receptacle Grounding Terminal to Box, shall be amended to read as
follows:
An equipment bonding jumper shall be used to connect the grounding terminal of a
grounding type receptacle to a box unless grounded as in Section 250.146(D). The
equipment bonding jumper shall be sized in accordance with Table 250.122 based on the
rating of the overcurrent device protecting the conductors.
(A) Connections. Deleted.
(B) Grounding Continuity. Deleted.
(C) Metal Boxes. Deleted.
(D) Isolated Receptacles. Where installed for the reduction of electrical noise
(electromagnetic interference) on the grounding circuit, a receptacle in which the
grounding terminal is purposely insulated from the receptacle mounting means shall be
permitted. The receptacle grounding terminal shall be connected to an insulated
equipment grounding conductor run with the circuit conductors. This equipment
grounding conductor shall be permitted to pass through one or more panelboards without
a connection to the panelboard grounding terminal bar as permitted in 408.40, Exception,
so as to terminate within the same building or structure directly at an equipment
grounding conductor terminal of the applicable derived system or service. Where
installed in accordance with the provisions of this section, this equipment grounding
VOLUME LXXVII OCTOBER 24, 2012
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conductor shall also be permitted to pass through boxes, wireways, or other enclosures
without being connected to such enclosures.
Section 300.4(E) Cables, Raceways, or Boxes Installed in or Under Roof Decking, shall be
deleted in its entirety.
Section 300.22(B) Ducts Specifically Fabricated for Environmental Air, shall be amended to
read as follows:
Only wiring methods consisting of electrical metallic tubing, flexible metallic tubing,
intermediate metal conduit, or rigid metal conduit without an overall nonmetallic
covering shall be installed in ducts specifically fabricated to transport environmental air.
Flexible metal conduit shall be permitted, in lengths not to exceed 1.2 m (4 ft.), to
connect physically adjustable equipment and devices permitted to be in these fabricated
ducts. The connectors used with flexible metal conduit shall effectively close any
openings in the connection. Equipment and devices shall be permitted within such ducts
only if necessary for the direct action upon, or sensing of, the contained air. Where
equipment or devices are installed and illumination is necessary to facilitate maintenance
and repair, enclosed gasketed-type luminaires shall be permitted.
Section 300.22(C)(1) Wiring Methods, shall be amended to read as follows:
The wiring methods for such other spaces shall be limited to factory-assembled multi-
conductor control or power cable that is specifically listed for use within an air-handling
space, or listed prefabricated cable assemblies of metallic manufactured wiring system
without nonmetallic sheath. Other types of cables, conductors, and raceways shall be
permitted to be installed in electrical metallic tubing, intermediate metal conduit, rigid
metal conduit without an overall nonmetallic covering, and metal flexible conduit.
Section 300.22(C)(2) Cable Tray Systems, shall be amended to read as follows:
Metal cable tray systems in other spaces used for environmental air (plenums), where
accessible, shall be used to support low voltage cables only.
Section 314.24 Depth of Boxes, the first sentence shall be amended to read as follows:
Outlet and device boxes shall have sufficient depth to allow equipment installed within
them to be mounted properly and without likelihood of damage to the conductors within
the box. Boxes shall not be less than 1-1/2 inches in depth unless it would be impossible,
due to the construction of the building.
OCTOBER 24, 2012 VOLUME LXXVII
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Section 314.26 Boxes Allowed, shall be created to read as follows:
Where construction does not allow a 4 inch square box with suitable cover, a single
“gem” box not less than 2 inches in depth may be used, provided not more than one
raceway enters the box. Ganging of gem boxes is prohibited in new or exposed
construction. “Handy” boxes are not allowed.
(A) Octagon Boxes. A 4 inch octagon box, minimum depth of 1-1/2 inches, may be
used in the following:
1. In unfinished basements and garages when using porcelain light receptacles or
swivel type covers with rigid conduit stem to the light bulb socket, provided that
not more than 2 knock-outs are used.
2. Commercial or industrial lighting used in similar installations to Item #1 above.
3. For low-voltage alarm or fire protection systems.
A listed octagon box shall be used for paddle/ceiling fans where specifically designed for
that purpose.
Section 314.27(A)(2) Ceiling Outlets, shall be amended to read as follows:
At every outlet used exclusively for lighting, the box shall be designed to conform to the
requirements of Section 314.27(C) excluding hallways, bathrooms, closets and pantries.
Article 320 Armored Cable: Type AC, shall be deleted in its entirety.
Article 322 Flat Cable Assemblies: Type FC, shall be deleted in its entirety.
Article 324 Flat Conductor Cable: Type FCC, shall be deleted in its entirety.
Article 326 Integrated Gas Spacer Cable: Type IGS, shall be deleted in its entirety.
Article 328 Medium Voltage Cable: Type MV, shall be deleted in its entirety.
Article 330 Metal-Clad Cable: Type MC, shall be deleted in its entirety.
Article 332 Mineral-Insulated, Metal-Sheathed Cable: Type MI, shall be deleted in its entirety.
Article 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS, shall be deleted in its
entirety.
Article 336 Power and Control Tray Cable: Type TC, shall be deleted in its entirety.
Article 338 Service-Entrance Cable: Types SE and USE, shall be deleted in its entirety.
VOLUME LXXVII OCTOBER 24, 2012
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Article 340 Underground Feeder and Branch-Circuit Cable: Type UF, shall be deleted in its
entirety.
Section 348.10 Uses Permitted, shall be amended to read as follows:
FMC shall be permitted to be used in exposed and concealed locations. Its use is limited
to 6 feet in length. Where FMC is being “fished” into existing non-exposed walls a length
in excess of 6 feet may be used where approved by the building official prior to
installation.
Section 350.10 Uses Permitted, shall be amended to read as follows:
LFMC shall be permitted to be used, with an equipment ground installed, in exposed or
concealed locations as follows:
(1) Where conditions of installation, operation, or maintenance require flexibility or
protection from liquids, vapors, or solids.
(2) As permitted by 501.10(B), 502.10, 503.10, 504.20 and in other hazardous
(classified) locations where specifically approved, and by 553.7(B).
(3) For direct burial where listed and marked for the purpose.
(4) LFMC is limited to 6 feet in length.
Section 352.10 Uses Permitted, shall be amended to read as follows:
The use of PVC conduit shall be permitted in accordance with 352.10 (B), (D) and (G).
Section 353.10 Uses Permitted, shall be amended to read as follows:
The use of HDPE conduit shall be permitted for directional boring only.
Article 354 Nonmetallic Underground Conduit with Conductors: Type NUCC, shall be deleted
in its entirety.
Article 355 Reinforced Thermosetting Resin Conduit: Type RTRC, shall be deleted in its
entirety.
Article 356 Liquidtight Flexible Nonmetallic Conduit: Type LFNC, shall be deleted in its
entirety.
Section 360.10 Uses Permitted, shall be amended to read as follows:
FMT shall be permitted to be used for branch circuits, in a maximum of six (6) feet in
length, as follows:
(1) In dry location.
(2) Where concealed.
OCTOBER 24, 2012 VOLUME LXXVII
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(3) In accessible locations.
(4) For system voltages of 1000 volts maximum.
Section 362.10 Uses Permitted, the first sentence shall be amended to read as follows:
The use of ENT shall be permitted for low voltage use only in accordance with 362.10(1)
through (9).
Section 366.10 Uses Permitted, shall be amended by adding the following sentence to
immediately precede subsection 366.10(A) and (B):
Auxiliary gutters are permitted when installed in accordance with 366.10(A).
Section 378.10 Uses Permitted, the first sentence shall be amended to read as follows:
The use of nonmetallic wirewa ys shall be permitted for low voltage only an in
accordance with 378.10(1) through (4).
Article 382 Nonmetallic Extensions, shall be deleted in its entirety.
Article 388 Surface Nonmetallic Raceways, shall be deleted in its entirety.
Section 392.10 Uses Permitted, the first paragraph shall be amended to read as follows:
Cable trays shall be permitted to be used to support low-voltage system conductors only.
Article 394 Concealed Knob-and-Tube Wiring, shall be deleted in its entirety.
Article 396 Messenger-Supported Wiring, shall be deleted in its entirety.
Article 398 Open Wiring on Insulators, shall be deleted in its entirety.
Section 404.2(C) Switches Controlling Lighting Loads, shall be amended to delete Exceptions 1
and 2 in their entirety.
Section 406.4(D)(4) Arc-Fault Circuit-Interrupter Protection, shall be deleted in its entirety.
Section 406.12 Tamper-Resistant Receptacles in Dwelling Units, shall be amended to read as
follows:
In all bedrooms/sleeping areas, all nonlocking-type 125-volt, 15- and 20-ampere
receptacles shall be listed tamper-resistant receptacles.
The exceptions to this section shall remain as published.
VOLUME LXXVII OCTOBER 24, 2012
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Section 422.13(A) Disconnect, shall be created to read as follows:
A disconnect is required within sight of all commercial and residential electric water
heater and boiler installations.
Section 430.75(C) Disconnect, shall be created to read as follows:
A disconnect shall be installed within sight of all fractional horsepower motors and
paddle fans.
Section 550.10(I)(1) Mast Weatherhead or Raceway, shall be amended to read as follows:
One mast weatherhead installation, installed in accordance with Article 230, containing
four (4) continuous, insulated, color coded feeder conductors, one of which shall be an
equipment grounding conductor. The mast shall be of either steel IMC or RMC.
Section 550.10(I)(2) Mast Weatherhead or Raceway, shall be amended to read as follows:
A metal raceway of either steel IMC or RMC or rigid nonmetallic conduit from the
disconnecting means in the mobile home to the underside of the mobile home, with
provisions for attachment to a suitable junction box or fitting to the raceway on the
underside of the mobile home [with or without conductors as in 550.1(I)(1)]. The
manufacturer shall provide written instructions stating the proper feeder size for the
raceway and the size junction box to be used.
Section 550.15(H) Under-Chassis Wiring (Exposed to Weather), shall be amended to read as
follows:
Where outdoor or under-chassis line-voltage (120 volts, nominal, or higher) wiring is
exposed to moisture or physical damage, it shall be protected by rigid metal conduit or
steel intermediate metal conduit. The conductors shall be suitable for wet locations.
Section 550.16(C)(1) Exposed Non-Current Carrying Metal Parts, shall be amended to read as
follows:
All exposed non-current carrying metal parts that are likely to become energized shall be
effectively bonded to the grounding terminal or enclosure of the distribution panelboard.
A bonding conductor shall be connected between the distribution panelboard and
accessible terminal on the chassis. Each mobile home shall have an approved grounding
system to the shell and metal framework.
Section 550.25(B) Mobile Homes and Manufactured Homes, shall be amended to read as
follows:
All 120 volt, single phase, 15 and 20 ampere branch circuits installed in bedrooms of
mobile home and manufactured home shall comply with Section 210.12.
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Section 550.32(A) Mobile Home Service Equipment, shall be amended to read as follows:
The mobile home service equipment shall be located adjacent to the mobile home and not
mounted in or on the mobile home. The service equipment shall be located in sight from
and not more than 9.0 m (30 ft.) from the exterior wall of the mobile home it serves. The
service equipment shall be permitted to be located elsewhere on the premises, provided
that a disconnecting means suitable for use as service equipment is located within sight
from, and not more than 9.0 m (30 ft.) from the exterior wall of the mobile home it serves
and is rated not less than that required for service equipment in accordance with Section
550.32(C). Grounding at the disconnecting means shall be in accordance with Section
250.32. A minimum of 2 breaker spaces shall be left unused in the panel for future
expansion of the system.
Section 550.32(B)(8) Manufactured Home Service Equipment shall be created to read as
follows:
The connection from the distribution panel in a mobile home to the power source shall be
installed in 1-1/4 inch or larger steel IMC or RMC.
Section 600.5(C)(1) Supply, shall be amended to read as follows:
The wiring methods used to supply signs and outline lighting systems shall terminate
within a sign, an outline lighting system enclosure, a suitable box, or a conduit body. All
wiring for permanent, free standing signs shall be installed underground.
Section 604.6(A)(2) Conduits, shall be deleted in its entirety.
Section 680.5 Ground-Fault Circuit Interrupters, shall be amended to read as follows:
Ground fault circuit interrupters shall be circuit breakers.
Section 680.21(A)(1) General, shall be amended to read as follows:
The branch circuits for pool-associated motors shall be individual branch circuits
(dedicated circuits) installed in rigid metal conduit, steel intermediate metal conduit, or
rigid polyvinyl chloride conduit. Other wiring methods and materials shall be permitted
in specific applications as covered in this section. Any wiring methods employed shall
include a green insulated copper equipment grounding conductor sized in accordance
with Section 250.122 and/or Table 250.122, but not smaller than 12 AWG.
Section 680.21(A)(3) Flexible Connections, shall be amended to read as follows:
Where necessary to employ flexible connections at or adjacent to the motor, liquidtight
flexible metal or liquidtight flexible nonmetallic conduit (when attaching to PVC
conduit) with approved fittings shall be permitted.
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Section 700.16 Emergency Illumination, shall be amended to read as follows:
In addition to the areas required to have emergency egress illumination/lighting by the
most current edition of the International Building Code 2012, as amended by Chapter
16.04 of the Elgin Municipal Code, 1976, as amended, the following areas shall also have
emergency egress lighting:
1. All exterior man-doors shall have 2 head emergency lighting fixtures at the
exterior of those locations.
2. All commercial, institutional or industrial washrooms shall have a 2 head
emergency lighting fixture installed within that space.
Emergency illumination shall include all required means of egress lighting, illuminated
exit signs, and all other lights specified as necessary to provide required illumination.
Emergency lighting systems shall be designed and installed so that failure of any
individual lighting element, such as the burning out of a lamp, cannot leave in total
darkness any space that requires emergency illumination.
Where high-intensity discharge lighting such as high- and low-pressure sodium, mercury
vapor, and metal halide is used as the sole source of normal illumination, the emergency
lighting system shall be required to operate until normal illumination has been restored.
Exception: Alternative means that ensure emergency lighting illumination level is
maintained shall be permitted.
16.24.080 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, either as presently adopted or to be adopted or amended
in the future, 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/ David J. Kaptain
David J. Kaptain, Mayor
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Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G71-12 PASSED ADOPTING THE STATE OF ILLINOIS PLUMBING
CODE AS THE PLUMBING CODE OF THE CITY OF ELGIN
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G71-12
AN ORDINANCE
ADOPTING THE STATE OF ILLINOIS PLUMBING CODE AS THE
PLUMBING CODE 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:
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.
16.20.050 Street work permit.
16.20.060 State of Illinois Plumbing Code Amendments.
16.20.070 National Fuel Gas Code.
16.20.080 Conflicts with other provisions.
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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.
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.
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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.).
16.20.050: 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.
16.20.060: 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:
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)(4) Pipe Cleanouts, shall be amended to read as follows:
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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.
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.
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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.
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 au tomatic
pumping equipment into the sanitary waste.
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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 c ycle, 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.
M. Section 890.1380 Storm Water Drainage Within a Building, shall be amended to add
subsection (a) to read as follows:
(a) The provisions of Chapter 11, entitled “Storm Drainage” and Appendix B of
the 2012 International Plumbing Code for design and installation procedures
of roof drain systems shall apply, with the following amendments:
Section 1101.4 Tests, shall be amended to read as follows:
The conductors and the building storm drain shall be tested in accordance
with Sections 890.1920 and 890.1930 of the State of Illinois Plumbing
Code, as amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as
amended.
Section 1101.6 Fittings and connections, shall be amended to read as follows:
All connections and changes in direction of the storm drainage system
shall be made with approved drainage-type fittings in accordance with
Sections 890.1320 (i), 890.1320 (j) and 890.1320 (k) of the State of
Illinois Plumbing Code, as amended by Chapter 16.20 of the Elgin
Municipal Code, 1976, as amended. The fittings shall not obstruct or
retard flow in the system.
Section 1101.8 Cleanouts required, shall be amended to read as follows:
Cleanouts shall be installed in the storm drainage system and shall comply
with the provisions of Section 890.420 of the State of Illinois Plumbing
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Code, as amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as
amended, for sanitary drainage pipe cleanouts.
Section 1101.9 Backwater valves, shall be amended to read as follows:
Storm drainage systems shall be provided with backwater valves as
required for sanitary drainage systems in accordance with Section
890.1320 (o) of the State of Illinois Plumbing Code, as amended by
Chapter 16.20 of the Elgin Municipal Code, 1976, as amended.
Section 1102.2 Inside storm drainage conductors, shall be amended to read as
follows:
Inside storm drainage conductors installed above ground shall conform to
one of the standards listed in Appendix A, Table A (amended) of the State
of Illinois Plumbing Code, as amended by Chapter 16.20 of the Elgin
Municipal Code, 1976, as amended.
Section 1102.3 Underground building storm drain pipe, shall be amended to
read as follows:
Under-ground building storm drain pipe shall conform to one of the
standards listed in Appendix A, Table A (amended) of the State of Illinois
Plumbing Code, as amended by Chapter 16.20 of the Elgin Municipal
Code, 1976, as amended.
Section 1102.4 Building storm sewer pipe, shall be amended to read as
follows:
Building storm sewer pipe shall conform to one of the standards listed in
Appendix A, Table A (amended) of the State of Illinois Plumbing Code, as
amended by Chapter 16.20 of the Elgin Municipal Code, 1976, as
amended.
Section 1102.7 Fittings, shall be amended to read as follows:
Pipe fittings shall be approved for installation with the pipe material
installed, and shall conform to the respective pipe standards or one of the
standards listed in Appendix A, table A (amended) of the State of Illinois
Plumbing Code, as amended by Chapter 16.20 of the Elgin Municipal
Code, 1976, as amended. The fittings shall not have ledges, shoulders or
reductions capable of retarding or obstructing flow in the piping. Threaded
drainage pipe fittings shall be of the recessed drainage type.
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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.
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
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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
5) 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
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
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Table A – Approved Materials and Standards for Plumbing Fixtures and Fixture
Fittings, the following subsection 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).
16.20.070: NATIONAL FUEL GAS 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 NFPA 54 National Fuel Gas Code
2012 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.
16.20.080: CONFLICTS WITH OTHER PROVISIONS.
When a provision of this chapter conflicts with any other provision of this code regulating the
same subject matter, either as presently adopted or to be adopted or amended in the future, 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.
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Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2012
Passed: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 24, 2012
Published: October 26, 2012
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Emergency Telephone System Board Minutes September 20, 2012
Foreign Fire Insurance Tax Minutes July 17, 2012
Board of Health January 9, 2012
Liquor Control Commission Minutes September 12, 2012
Committee of the Whole Minutes for September 26, 2012
City Council Minutes for September 26, 2012
Telecommunications Tax
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
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ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 7:55 p.m.
s/ Kimberly Dewis November 14, 2012
Kimberly Dewis, City Clerk Date Approved