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HomeMy WebLinkAboutG15-98 Ordinance No. G15-98 AN ORDINANCE AMENDING CHAPTER 16 . 04 ENTITLED BUILDING CODE OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, the City of Elgin may adopt by reference any published compilation of rules and regulations prepared by a nationally recognized technical trade or service association pursuant to the provisions of Article 1, Division 3 of the Illinois Municipal Code ( 65 ILCS 5/1-3-1 et seq. ) ; and WHEREAS, the National BOCA Building Code, Thirteenth Edition, 1996 establishes minimum regulations governing the safeguarding of life and 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 WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to adopt the BOCA National Building Code, Thirteenth Edition, 1996 as published by the Building Officials & Code Administrators International, Inc. , with the additions, insertions, deletions and changes prescribed in this ordinance; and WHEREAS, one copy of the BOCA National Building Code, Thirteenth Edition, 1996 has been on file with the City Clerk for more than thirty days preceding the passage of this ordinance, in accordance with Section 1-3-2 of the Illinois Municipal Code ( 65 ILCS 5/1-3-2 ) . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 16 . 04 , Section 16 . 04 . 010 of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended to read as follows : 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 BOCA National Building Code, Thirteenth Edition, 1996 as published by the Building Officials and Code Administrators International, Inc . , 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 Building Code 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. Section 2 . That Chapter 16 . 04 , entitled Building Code of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending Section 16 . 04 . 020 to read as follows : 16 . 04 . 020 ADDITIONS, INSERTIONS AND CHANGES . The BOCA National Building Code, Thirteenth Edition, 1996 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 Building Code of the City of Elgin, hereinafter referred to as this code. Section 104 . 1, entitled Code Official , shall be amended to read as follows : The Department of Code Administration and Neighborhood Affairs may be referred to as the department of building inspection for the purposes of this chapter and the Director of the Department of Code Administration and Neighborhood Affairs may be referred to as the code official for the purposes of this chapter. Sections 104 . 2 , 104 . 3, 104 . 4 , 104 . 5 and 104 . 6 and 104 . 7 , entitled Department of Building Inspection, shall be deleted in their entirety. Section 108 . 8, entitled Posting of Permits, 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: 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 and Neighborhood Affairs . -2- 3 . A description of the permit type issued. 4 . The date of the permits issuance. 5 . The name(s) of the permit holder(s) and contractor( s ) performing the work authorized in the permit. 6 . The signature of the code official . Section 112 . 3 . 1 . , entitled Fee Schedule, 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 this code. Section 113 . 2 , entitled Inspections, shall be amended to read as follows : The Department of Code Administration and Neighborhood Affairs shall perform an inspection before the pouring of any footings, piers, and/or caissons and prior to backfilling of foundation walls . The Department of Code Administration and Neighborhood Affairs shall also perform an inspection before the closing of any walls and ceilings . Further, a final inspection of all work shall be performed by Department of Code Administration and Neighborhood Affairs upon completion of work. Additional inspections by the Department of Code Administration and Neighborhood Affairs shall be conducted for residential construction including a top of foundation survey is required prior to framing and after insulation and house wrap is installed. The contractor performing the work shall request any inspection required by this chapter, providing the Department of Code Administration and Neighborhood Affairs with not less than eight ( 8 ) working hours notice . Section 116 . 4 , entitled Violation Penalties, shall be amended to read as follows : The penalties for violating any provision of this chapter shall be in accordance with Chapter 1 . 20 of this code. Section 118 . 1 . 1, entitled Certificate of Occupancy, shall be created to read as follows : Certificate of Reoccupancy. Any person seeking to establish an occupancy in an existing building or any portion thereof shall be required to obtain a certificate of reoccupancy. Every certificate of reoccupancy shall state that the new occupancy complies with all provisions -3- of this code, including the Building Code, Plumbing Code, Heating, Ventilating and Air Conditioning Code, Electrical Code, Fire Prevention Code and zoning ordinance and that all building systems are operational . Section 118 . 4 , entitled Contents of Certificate, shall be amended to read as follows : When a structure is entitled thereto, the code official shall issue a certificate of occupancy within ten days of completion of the final inspection in accordance with Section 113 . 0 of this chapter. A certificate of occupancy issued for a new building shall include the following information: 1 . The building address, the building permit number, the name of the owner, and when applicable, any tenants that will be occupying the premises 2 . The use that will be conducted on the premises . 3 . The zoning classification for the premises 4 . Any special provisions of occupancy. Section 121 . 0, entitled Means of Appeal, shall be deleted in its entirety. Section 310 . 5, entitled Use Group R-3 Structures, shall be amended to read as follows : This use group shall include all buildings arranged for occupancy as one or two family dwelling units and multiple single family dwellings where each unit has an independent means of egress and is separated by an approved two-hour rated fire separation assembly. Section 407 . 4 , entitled Attached to Rooms, shall be amended to read as follows : Private garages attached side-by-side to rooms in occupancies of use group R-1, R-2 , R-3 or I-1 shall be separated from adjacent interior spaces and the attic by fire partitions and floor-to-ceiling assemblies which are constructed with not less than a one-hour fire resistance rating, or a minimum of two layers of 5/8" thick fire-resistive gypsum board on the garage side. Section 407 . 6 , entitled Opening Protectives, shall be amended to read as follows : The door opening protectives shall comply with one of the following: -4- 1 . A B Label door with a closer. 2 . 1 3/4-inch solid core wood door with a closer. 3 . 1 3/4-inch solid or honeycomb core steel door with a closer. Section 507 . 1 , entitled One-Story Buildings, shall be amended to delete Section 507 . 1, Exception 2 in its entirety. Section 507 . 3, entitled Two-story Buildings, shall be created to read as follows : Two-Story Buildings . Two-story unlimited area buildings shall be allowed in Use Groups B and S provided a minimum setback of sixty feet to the lot line is maintained. Any other building or structure located within sixty feet of the two story building shall also comply with unlimited area requirements when located on the same parcel of land and shall also be classified in Use Groups B and S . The following restrictions shall also apply: 1 . Penthouse use shall be limited to mechanical systems only. Example: HVAC, fire protection, elevators . 2 . Mezzanine options as provided elsewhere in this chapter shall be prohibited. 3 . The height shall not exceed fifty-five feet. That Section 507 .4 , entitled Subdivision of Existing Unlimited Area, shall be created to read as follows : Subdivision of Existing Unlimited Area . Buildings : Lawfully existing unlimited area buildings divided by new lot lines are not required to comply with the setback regulations of Table 507 . 2 of this chapter, provided each of the following requirements is met: 1 . A fire separation rating at the lot line dividing the building shall be of a fire grade for use as prescribed in Table 707 . 1 of this chapter. 2 . The existing building complied with all requirements for unlimited area building regulations prior to the subdivision. 3 . Building areas being subdivided must be of the same use group. Mixed uses as permitted under Section 313 . 0 of this chapter shall be prohibited. -5- 4 . Any addition or alteration of any portion of a building shall comply with all requirements for an unlimited area building. Section 708 . 4 , entitled Hold Open Devices, shall be amended 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 listed in Appendix A unless otherwise approved by the building official . Section 904 . 1 . 1, entitled Automatic Sprinkler System shall be created to read as follows : Automatic Sprinkler System. An approved automatic sprinkler system shall be installed throughout every building more than four ( 4 ) stories in height or fifty ( 50) feet in height which include basements as stories . An approved automatic sprinkler system shall be installed in buildings less than five (5) stories as provided in this chapter Section 904 . 2 , entitled Use Group A-1, shall be amended to read as follows : Use Group A-1 Throughout all Use Group A-1 fire areas , an approved automatic fire suppression system shall be provided as follows : 1 . Throughout the entire story or floor level where the A-1 Use Group is located; 2 . Throughout all stories and floor levels below the A-1 Use Group; and 3 . Throughout all intervening stories and floor levels between the A-1 Use Group and the level of exit discharge of exits that serve the Use Group A-1 fire area, including the level of exit discharge. Exception: Auditorium areas with the building officials approval . Section 904 . 3, entitled Use Group A-2 , shall be created to read as follows : Use Group A-2 . 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 -6- that serve the Use Group A-2 fire area, an approved automatic fire suppression system shall be provided as follows : 1 . Throughout the entire story or floor level where the A-2 Use Group is located. 2 . Throughout all stories and floor levels below the A-2 Use Group. 3 . Throughout all intervening stories and floor levels between the A-2 Use Group and the level of exit discharge of exits that serve the Use Group A-2 fire area, including the level of exit discharge. Section 904 . 4 , entitled Use Groups A-3, A-4 , and E, 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, A-4 , or E 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, A-4 , or E Use Group is located. IOW 2 . Throughout all stories and floor levels below the A-3, A-4 , or E Use Group. 3 . Throughout all intervening stories and floor levels below the A-3, A-4 , or E Use Group and the level of exit discharge of exits that serve the Use Group A-3, A-4 , or E fire area, including the level of exit discharge. Section 904 . 5 , entitled Use Group H, shall be amended to read as follows : An approved automatic fire suppression system shall be provided throughout all Use Group H fire areas . Section 904 . 6 , entitled Use Group I , shall be amended to read as follows : An approved automatic fire suppression system shall be provided throughout all buildings with a Use Group I ( I-1 thru I-3) fire area. Exceptions : 1 . In buildings where Use Group I-1 facilities are located at the level of exit discharge and -7- accommodate five ( 5) or less occupant load and each room or space has a direct exit to the outside. 2 . In buildings where Use Group I-2 child care facilities are located at the level of exit discharge and accommodate five ( 5 ) children or less and room or space has a direct exit to the outside. Section 904 . 7 , entitled Use Groups B, M, F-1 , F-2 , S-1 and S-2 , shall be amended to read as follows : Throughout all buildings with a Use Group B, M, F-1, F-2 , S-1 and S-2 fire area, an approved automatic fire suppression system shall be provided as follows : 1 . Throughout all buildings with a Use Group B, M, F-1, F-2 , S-1 and S-2 if more than 7500 square feet in area; two ( 2 ) stories if total area of two ( 2 ) floors exceed 10, 000 square feet; three ( 3) stories regardless of square footage. Exception: Open parking structures . Section 904 . 8, entitled Use Group R-1 , shall be amended to read as follows : An approved automatic fire suppression system!Oigr be provided throughout all buildings with a Use Group R-1 fire area in accordance with Sections 906 . 2 . 1 or 906 .2 . 2 of this chapter. Exception: Buildings in which all guest rooms have their own exit directly to the outside at ground level . Section 904 . 9 , entitled Use Group R-2 , shall be amended to read as follows : An approved automatic fire suppression system shall be provided throughout all common areas, basements, storerooms, other than those contained within a dwelling unit, common workrooms, hallways, exits and stairways within a Use Group R-2 fire area. Section 904 . 9 . 1, entitled Use Group R-3, shall be amended to read as follows : Attached single-family dwellings , townhouses and multi-family dwellings with independent egress shall be provided with an approved automatic fire suppression system and a one ( 1 ) hour fire separation. Exception: A two ( 2 ) hour vertical wall separation and/or a two hour horizontal fire -8- separation between units will not require an automatic fire suppression system. Table 1010 . 3, entitled Buildings with One Exit, shall be amended to read as follows : Max. exit Min fire- Min fire- access rating resistance Use Max. height Max. travel of exit of opening Group above grade size distance enclosure protection R-2 2 stories 4 dwelling 50 feet 1 hour 1 hour units per floor B 2 stories 3, 500 sq. 75 feet 1 hour 1 hour and feet per S-2 floor Chapter 11 , entitled Accessibility, shall be deleted in its entirety. Section 2701 . 1 , entitled Scope, shall be amended to read as follows : The provisions of this chapter shall control the design and construction of all new installations of r electrical conductors, equipment and systems in buildings or structures; and all alterations to existing wiring systems therein to ensure safety. All such installations shall conform to the provisions of NFPA 70 listed in Chapter 35 of the Building Code, as amended. Section 2801 . 2 , entitled Mechanical Code, shall be amended to read as follows : All mechanical equipment and systems shall be constructed, installed and maintained in accordance with the mechanical code listed in Chapter 35 of the Building Code, as amended. Section 2901 . 1, entitled Scope, shall be amended to read as follows : The design and installation of plumbing systems, including sanitary and storm drainage, sanitary facilities, water supplies and storm water and sewage disposal in buildings, shall comply with the requirements of this chapter and the plumbing code listed in Chapter 35 of the Building Code, as amended. Section 3104 . 1, entitled Temporary Structures--General, shall be amended to read as follows : -9- 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 3103 . 0 of this chapter or with all applicable sections of this chapter where Section 3103 . 0 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 3310 . 4 , entitled Grading of Lot, shall be amended to read as follows : Property which will remain vacant for a period of more than six months shall be seeded or planted with 116r ground cover and the resulting growth maintained. Section 3310 . 4 . 1, entitled Demolition of Buildings and Structures, shall be created to read as follows : Demolition of Buildings and Structures . 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 . All utilities shall be terminated in an approved manner at the property line or easement location. Filling and grading of the lot shall conform to Section 3310 . 4 of this chapter. Section 3 . That Chapter 16 . 04 , Section 16 . 04 . 030,entitled Definitions, shall be amended to read as follows : 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 this code shall be required prior to the issuance of an occupancy permit for any new building or structure, which is situated on a lot or plot of ground which abuts upon any street in the city unless said sidewalk is specifically exempted. Driveways tkow located on private property must be paved with concrete, -10- masonry pavers or asphalt prior to the issuance of an occupancy ftr permit . Section 4 . That Chapter 16 . 04 , Section 16 . 04 . 040, entitled Sidewalks, Approaches and Driveways-When Required, shall be amended to read as follows : 16 . 04 . 040 FENCE INSTALLATION. A building permit is required prior to the construction or installation of any fence within the corporate limits of the city. Fences shall be constructed or installed according to the regulations established in Title 19 of this code. Section 5 . That Chapter 16 . 04 , Section 16 . 04 . 050, entitled Fence Installation, shall be amended to read as follows : 16 . 04 . 050 ASSESSOR' S RECEIPT. No certificate of use and occupancy shall be issued until and unless an 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 and that the owner of such property obtain from the assessor, in the form prescribed by such official, a r receipt showing that the non-executed certificate of use and occupancy has been filed and that his property is subject to increased assessment, from the date of issue of the certificate on a proportionate basis for the year in which the improvement was completed. The 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. Section 6 . Chapter 16 . 04 , Section 16 . 04 . 060, entitled Assessors Receipt, shall be amended to read as follows : 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 Neighborhood Affairs . 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. ) -11- C . Location. 1 . Prior to the start of construction of any structure on vacant land, the assigned street number shall be posted in a prominent location, visible from the adjoining street. 2 . No structure shall be occupied unless the assigned street number is mounted on the structure next to the front entrance in a prominent location and visible from the adjoining street. If that location is not readily visible from the adjoining street, the number shall be placed elsewhere in close proximity to the front entrance where it is not obstructed. 3 . The street number of multiple tenant buildings with common entrances shall be placed in a prominent location visible from the adjoining street or parking area . Each tenant space shall have the numbers or letters assigned to that unit posted on the door of that unit. " Section 7 . Chapter 16 . 04, Section 16 . 04 . 070, entitled Street Numbers , shall be amended to read as follows : 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. Section 8 . That Chapter 16 . 04 , Section 16 . 04 . 080 , entitled BOCA National Building Code Article I Amendments, shall be amended to read as follows : 16 . 04 . 080 CONFLICTS WITH OTHER PROVISIONS . When a provision of this chapter conflicts with any other provision of the Elgin Municipal Code regulating the same subject matter, the more stringent or restrictive provision shall apply. Section 9 . That Chapter 16 . 04 entitled Building Code of the Elgin Municipal Code, 1976 , as amended, Section 16 . 04 . 025 and Sections 16 . 04 . 085 through 16 . 04 . 240, inclusive, be and are hereby repealed. Section 10 . That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of -12- action acquired or existing; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 11 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Kevin Kelly, Ma or Presented: March 11 , 1998 Passed: March 11, 1998 Omnibus Vote: Yeas 7 Nays 0 Recorded: March 12 , 1998 Published: Attest: 711.12-ca - Do onna Mecum, City Clerk -13-