HomeMy WebLinkAboutG21-25 Ordinance No. G21-25
AN ORDINANCE
ADOPTING THE"INTERNATIONAL PROPERTY MAINTENANCE CODE,
2021 EDITION" AS THE PROPERTY MAINTENANCE CODE FOR THE CITY OF ELGIN
WHEREAS, the City of Elgin is a home rule unit pursuant to the Constitution of the State
of Illinois and, as a home rule unit, may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS,the regulation of property maintenance standards within the City relates to the
public health, safety and welfare, and pertains to the government and affairs of the City.
NOW, THEREFORE, 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Municipal Code, 1976, as amended, be and is hereby repealed.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
Sections.
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 Flgirl, being marked and designated as the International Property Maintenance Code 2021, as
published by the international Code Council, be and is hereby 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 ail of the regulations, provisions.
penalties, conditions and terms of said International Property Maintenance Code 2021 are hereby
referred to, adopted, and made a part hereof,as if hilly set out in this ordinance,with the additions,
insertions, deletions and changes prescribed in this chapter.
6.12.020 ADDITIONS, INSERTIONS AND CHANGES.
The International Property Maintenance Code 2021 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 "Purpose," shall be amended to read as follows:
This code shall be construed to secure its expressed purpose, which is to ensure public
health, safety and welfare insofar 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
occupancy in existing buildings shall comply with the city Code.
Section 102.3,entitled "Application of other codes," shall be amended to read as follows:
Repairs, additions or alternations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the city Code. Nothing in this code shall
be construed to cancel, modify or set aside any provision of title 19 of the city Code.
Section 102.7, entitled Historic Buildings," shall be deleted in its entirety.
Section 103.1, entitled "Creation of Agency," shall be amended to read as follows:
The property maintenance division of the neighborhood services department is hereby
created and the official in charge thereof shall be known as the code official. The
function of the agency shall be the implementation, administration and enforcement of
the provisions of this code.
Section 103.2, entitled "Appointment," shall be amended to read follows:
The code official shall be appointed by the city manager.
Section 104.1, 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 city Code.
Section 105.1, entitled "General," shall be amended to read as follows:
The code official is hereby authorized and directed to enforce the provisions of this code.
The code official shall have the authority to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provisions. Such
I
interpretations, policies and procedures shall be in compliance with the intent and purpose
of this code. Such policies and procedures shall not have the effect of waiving requirements
specifically provided for in this code.
Section 107.1,entitled"General,"shall be renamed"Application for appeal"and shall be amended
to read as follows:
Any person directly affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the board of appeals,provided that a written
application for appeal is filed within 20 days after the day the decision,notice or order was
served. An application for appeal shall be based on a claim that the true intent of this code
or the rules legally adopted thereunder have been incorrectly interpreted,the provisions of
this code do not fully apply, or the requirement:; of this code are adequately satisfied by
other means.
Section 107.2, entitled"Limitations of authority," shall be deleted in its entirety.
Section 107.3 entitled "Qualifications," shall be deleted in its entirety.
Section 107.4, entitled "Administration," shall be deleted in its entirety.
Section 107.5 entitled "Notice of hearing" shall be created to be added immediately following
Section 107.1 and to read as follows:
The board shall meet upon notice from the chairman or at stated periodic meetings.
Section 107.6 entitled "Open hearing" shall be created to be added immediately following
Section 107.5 and 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 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(4)
board members.
Section 107.6.1 entitled "Procedure" shall be created to be added immediately following Section
107.6 and to read as follows:
The board shall adopt and make available to the public through the secretary procedure
under which a hearing will be conducted. The procedures shall not require compliance
with strict rules of evidence, but shall mandate that only relevant information be received.
Section 107.7 entitled "Board decision"shall be created to be added immediately following
Section 107.6.1 and to read as follows:
3
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 107.7.1 entitled "Records and copies" shall be created to be added immediately
following Section 107.7 and to read as follows:
The decision of the board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
Section 107.7.2 entitled "Administration" shall be created to be added immediately following
Section 107.7.1 and to read as follows:
The code official shall take immediate action in accordance with the decision of the
board.
Section 107.8 entitled "Court review" shall be created to be added immediately following
Section 107.7.2 and 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 107.9 entitled"Stays of enforcement"shall be created to be added immediately
following Section 107.8 and to read as follows:
Appeals of notice and orders (other than Imminent Danger notices) shall stay the
enforcement of the notice and order until the appeal is heard by the appeals board.
Section 108.1, entitled" Membership of board," shall be amended to read as follows:
The board of appeals shall consist of five (5) members who are qualified by experience
and training to pass on matters pertaining to the property maintenance code and two (2)
members at large who may or may not have such experience and training. The board shall
be appointed by the mayor and city council.
Section 108.1.1 entitled "Chairman" shall be created to be added immediately following Section
108.1 and to read as follows:
The board shall annually select one of its members to serve as chairman.
Section 108.1.2 entitled "Disqualification of member" shall be created to be added immediately
following Section 108.1.1 and to read as follows:
A member shall not hear an appeal in which that member has a personal, professional or
financial interest.
4
Section 108.1.3 entitled "Secretary" shall be created to be added immediately following Section
108.1.2 and 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 109.3, 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 111.4,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 109.4, entitled" Violation penalties," shall be amended to read as follows:
Penalties shall be in accordance with the provisions set forth in chapter 1.20 of the city
Code.
Section 110.4, 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 unsafe
condition,shall be subject to a fine and penalties in accordance with the provisions set forth
in chapter 1.20 of the city Code.
Section 111.4.1, entitled "Form," shall be amended to read as follows:
Such notice referenced in Section 111.4 shall be in accordance with the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation 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 109.3.
The failure to provide a notice referenced in Section 111.4, or the provision of a notice
not in accordance with Section 111.4.1 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 111.4.2, 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.
Service of such notice in the foregoing manner upon the owner's agent or upon
the person responsible for the structure shall constitute service of notice upon
the owner.
3. Posting in a conspicuous place in or about the structure affected by the notice.
4. Posted on the property in a conspicuous place.
Section 201.3 entitled "Terms Defined in Other Codes," shall be
amended to add an exception, which shall read as follows:
Exception: Where terms are not defined in this code and are otherwise defined in the city
Code, such terms shall have the meanings ascribed to them as in such other provisions of
the city 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 city Code, as amended.
Section 202, entitled "General Definitions," shall be amended .o that the definition of the term
"Exterior Property", as set forth within said section, reads as follows:
EXTERIOR PROPERTY. The term "exterior property" means the open space on the
premises and on adjoining property under the control of owners or operators of such
6 •
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 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 be added immediately following Section 302.3 and 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 city Code.
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 eight
(8) inches. The term "weeds" means all grasses, annual plants and vegetation, other than
trees or shrubs; provided, however, the term "weeds" 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.
7
Upon failure of the owner or agent having charge of a property to cut and destroy weeds
after service of a notice of violation,they shall be subject to prosecution in accordance with
Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any duly authorized employee of the jurisdiction or
contractor hired by the jurisdiction shall be authorized to enter upon the property in
violation and cut and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
Section 302.4.1, entitled, "Landscape Maintenance," shall be created to be added immediately
following Section 302.4 and to read as fellows:
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 be added immediately
following Section 302.8 and 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 he 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 re-occupancy for a
land use that permits the sale of previously-owned vehicles at that location.
Sec. 302.10, entitled, "Residential Storage," shall be created to be added immediately following
Section 302.9 and to read as follows:
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.
Sec. 302.11, entitled, "Commercial Storage," shall be created to he added immediately following
Section 302.10 and 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
8
any lawfully established "commercial operations yard," as that term is defined in the city
Code.
Sec. 302.12, entitled, "Refuse Collection Area," shall be created to be added immediately
following Section 302.11 and 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, CC 1 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 building setback from any type of lot
line. For the purposes of this section, the term "refuse collection area" means 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.
Sec. 302.13, entitled, "Mobile Storage Containers," shall be created to be added immediately
following Section 302.12 and to read as follows:
No mobile storage container shall remain on the exterior property area of any premises for
more than fourteen (14) days withir 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, the term "mobile storage container"
means 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 one thousand two hundred (1,200) square
feet or greater dwelling unit.
Sec. 302.14, entitled, "Holiday Decorations," shall be created to be added immediately following
Section 302.13 and 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 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.
Sec. 302.15, entitled, "Groundcover." shall be created to be added immediately following Section
302.14 and to read as follows:
9
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 exceed twenty-five (25) 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 city Code. 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 city Code;
D. Areas which are physically incapable of supporting natural groundcover.
Sec. 302.16, entitled, "Tree Maintenance," shall be created to be added immediately following
Section 302.1 5 and 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
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 imminent danger to
life, health, safety or property, the code official or 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 v.ith this section, and such owner refuses or neglects to pay
10
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 designee, on behalf of the city, shall 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 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 in the amount as provided in the most recently enacted ordinance establishing fees for
various city services, permits, licenses, use of facilities and other matters.
Sec. 302.17, entitled, "Dead or Decaying Plants," shall be created to be added immediately
following Section 302.16 and 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(24) inches above the ground.
Sec. 302.18, entitled, "Outdoor Storage of Firewood," shall be created to be added immediately
following Section 302.17 and 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.
Sec. 304.2.1, entitled, "Exterior Surface Maintenance." shall be created to be added immediately
following Section 304.2 and tc 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.
Sec. 304.3, entitled, "Premises Identification," shall be amended to read as follows:
11
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
six (6) inches high with a minimum stroke width of one-half('/2) inch.
Sec. 304.13.3, entitled, "Exterior Window Covering," shall be created to be added immediately
following Section 304.13.2 and 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."
Sec. 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
sixteen (16) mesh per one (1) 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.
Sec. 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.
Sec. 305.7, entitled, "Hazardous Materials." shall be created to be added immediately following
Section 305.6 and 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.
Sec. 305.8, entitled, "Accumulation." shall be created to be added immediately following Section
305.7 and to read as follows:
12
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.
Sec. 310,entitled, "Carbon Monoxide Alarm Detectors." shall be created to be added immediately
following Section 309.5 and 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
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 (1) 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 (1) dwelling unit shall contain at
least one (1) 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 ail
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(1)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
13
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.
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 violation 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.
Sec. 401.2, entitled "Responsibility." 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.
Sec. 401.3, entitled, "Alta native 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 city Code, shall be permitted.
Sec. 403.5,entitled, "Clothes dryer exhaust," shall be amended to read as follows:
14
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 dwelling
unit shall have the burden of demonstrating the clothes dryer venting system conforms with
the manufacturer's instructions.
Sec. 404.3. entitled, "Minimum ceiling heights," Exception No. 2 shall be amended to read as
follows:
Basement rooms in one(1)and two(2) family dwellings occupied exclusively for laundry,
study or recreation purposes, and bathrooms, having a ceiling height of not less than six
(6) feet eight(8) inches with not less than six (6) feet four(4) inches of clear height under
beams, girders, ducts and similar obstructions.
Sec. 404.4, entitled "Bedroom and living room requirements," 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.
Sec.404.4.1,entitled"Room area,"shall be amended to be entitled, "Area for Sleeping Purposes,"
and shall be amended to read as follows:
Every bedroom occupied by one (1) person shall contain at least seventy (70) square feet
(6.5 m 2 ) of floor area, and every bedroom occupied by more than one (1) person shall
contain at least fifty (50) square feet (4.6 m 2 ) of floor area for each occupant thereof.
Sec. 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.
Sec. 404.4.5, entitled, "Other requirements," shall be amended to read as follows:
Bedrooms in dwelling units containing one(1)or more bedrooms must have closable 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 501.2, entitled "Responsibility," shall be amended to he entitled "Plumbing Facilities and
Fixtures Requirements; Responsibiiity," 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
1.`,
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 city Code.
Section 507.1, entitled "General," 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, entitled "Responsibility," shall be amended to be entitled "Mechanical and
Electrical Requirements;'Responsibility,"and shall be amended to read as follows:
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 sixty-five (65) degrees Fahrenheit (eighteen (18) degrees Celsius) in all
habitable rooms, bathrooms and toilet rooms based on the winter outdoor design
temperature for the locality indicated in appendix D of the 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 cperator of any building who rents,leases or lets one(1)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 heat during the period from October i
to May 31 to maintain a temperature of not less than sixty-five (65) degrees Fahrenheit
(eighteen (18) degrees Celsius) in all habitable moms, 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
•
16
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 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
need for additional facilities in accordance with the city Code,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, entitled "General," 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 city
Code, 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 city Code, as amended, except where otherwise specified by
the authority having jurisdiction.
Section 704.4.2,entitled"Removal of existing occupant-use hose lines." shall be amended to read
as follows:
The fire code official is authorized to permit the removal of existing occupant-hose lines
where the hose line would not he utilized by trained personnel or the fire department.
Section 704.6.1.3, entitled "Installation near cooking appliances." subparagraph 2, shall be
amended to read as follows:
17
2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than
20 feet (6,096 mm) horizontally from a permanently installed cooking appliance.
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.
Gae
David J. Kap n, yor
Presented: May 14, 2025
Passed: May 14, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: May 14, 2025 a
Published: May 14, 2025 f`
/1)-/— ‘/'‘'d ,Z:in• Afr.
Kimberly Dewi , ity lerk
• 1 Y.
18