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G64-77 Ordinance No. G64-77 AN ORDINANCE CREATING A BUILDING COM ESSION WHEREAS, the City of Elgin is a home rule unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and WHEREAS, the City, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of buildings and their construction to provide for the public health, welfare and safety is within the government and affairs of the City of Elgin; and WHEREAS, in the exercise of such powers it is necessary and desirable to provide for a Building Commission for the purposes hereinafterward described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That in the exercise of its home rule powers, Chapter 3.60 entitled "Elgin Building Commission" be and is hereby added to Title 3 of the Elgin Mbmicipal Code, as amended, to read as follows: "3.60A10 Creation of the Commission ' There is hereby created a Commission which shall be known as the Elgin Building Commission. Whenever the word "Commission" is used in this Title, it shall mean and refer to the Elgin Building Commission. 36O.020 Membership -- Organization; Appointments; Terms A The Commission shall consist of eleven (11) members to be appointed by the Mayor with the advice and consent of the City Council. Each member so appointed shall serve for three years and may be reappointed. The terms of initial appointees hereunder shall be staggered in such a manner so that the term of four members shall be for three years, four members for two years and three members for one year. Vacancies occurring in the Commission shall be filled by appointment to serve for the unexpired term. Following the initial terms as heretofore provided, the term of each member shall be for three years. B. The membership of the Commission shall include the chairman of the Electrical Committee; the chairman of the Warm Air Heating Committee; the chairman of the Plumbing Committee; a registered structural engineer experienced in building construction; a registered mechanical engineer experienced in building construction; a licensed architect experienced in building construc- tion; a general contractor experienced in commercial and/or industrial con- struction, a general contractor experienced in residential construction; an employee of the local public electric utility company; an employee of the local public gas utility company; and a consumer's representative who has experience or interest in housing or construction and does not have the qualifications of any other member C. Each member shall either be a resident of the City of Elgin or shall have his principal employment within the City of Elgin. Each member shall, upon appointment, take and subscribe an oath that he will faithfully and honestly perform the duties and functions of the office as herein set forth, to the best of his ability: D, One of the members of the Commission shall be appointed by the City Council as chairman. 3.60.030 Administration A. The Commission shall adopt rules governing its proceedings and the exercise of the powers and duties herein given to it provided that such rules shall not be in conflict with any provisions of this title and upon approval by the City Council. B. The Commission shall meet not less than semiannually and a quorum of six (6) members shall be required for any action by the Commission other than adjournment of a meeting. C. The Director of the Department of Community Development, or his designee, shall attend all meetings of the Commission and shall act as secretary to the Commission and shall provide such assistance as may be required or requested by the Commission. The Director of the Department of Community Development shall maintain an accurate record of all proceedings and shall keep a file of every application filed. 3.,60.040 Powers and Duties The Commission shall promote the public health, welfare and safety in the design, inspection and construction of all buildings within the corporate limits of the City of Elgin and in furtherance of such purposes shall have the following powers and duties: A. To receive applications, hold hearings, and make rulings on appeals for modifications or variations of any ruling or decision of an inspector or representative of the Department of Community Development pertaining to the electrical, plumbing, heating, building or fire safety regulations of the City of Elgin or the denial of registration as a warm air heating or electrical contractor. B. To review recommendations of the electrical, warm air heating and plumbing committees for modifications of codes, specifications and regulations, relating to the building process and recommend to the City Council changes in any code, specification or regulation from time to time as deemed necessary for the protection of the public health and safety and insure safe, proper and efficient building and construction practices. 3.60.050 Appeals Ac The owner of a building or structure or any other interested person may appeal from a decision of the Department of Community Development to grant a modification of the provisions of any code or ordinance adopted by the City of Elgin covering the manner of construction, installation or materials used All in the erection, alteration or repair of a building or structure to the Commis- sion. Application for appeal may be made when it is claimed that: the true 4. intent of any code or ordinance or the rules legally adopted thereunder have been incorrectly interpreted; the provisions of this code do not fully apply; or an equally good or better form of construction or installation can be used B. The application shall be filed with the Department of Community Development accompanied with a fee of $25.00 and shall include the following information: 1. The name, address and telephone number of the applicant; 2. A copy of the ordinance upon which a ruling is sought, or from which a modification or variation is requested; 3. The names of the city department, officers, or employees whose statements and decisions are being appealed; 4. The location of the site for which the ruling or variation is requested; 5. A short, concise statement of the question to be resolved, and the applicant's position on the question; and 6. If a product or material is sought to be substituted, the supporting information demonstrating that the substitute is equal or superior in design and quality. /� 3.:60.060 Processing of Applications -- Hearing ( A. Upon receipt of a properly filed application, the Director of the Department of Community Development shall forward copies of the application to the members of the Commission and all city departments, officers and employees named in the application. B. Upon receipt of the application, the Chairman of the Commission shall set the time and place of said hearing as soon as practicable. C. All hearings shall be public; and the appellant, his representative, the official of the jurisdiction and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to present relevant evidence. D. When eight (8) qualified members are not present to consider a specific appeal, either the applicant or the representative of the Department of Community Development may request a postponement of the hearing. A member of the board shall not pass on any question in which he is engaged as contractor or material dealer, or in the preparation of plans or specifi- cations, or in which he has any personal interest, direct or indirect. 3.60.070 Decision of Commission The Commission shall, within fifteen (15) days after the close of the hearing on any appeal make a written decision on the appeal. The Commission shall affirm, modify, or reverse the decision of an inspector or representative of the Department of Community Development by a concurring vote of a majority of its members. A copy of the decision of the Commission shall be forwarded to the applicant." Section 2. That Chapter 3:61 entitled "Electrical Committee" be and is hereby added to Title 3 of the Elgin Municipal Code, as amended, to read as follows: All "3.61.010 Created There is hereby created an Electrical Committee for the City of Elgin . 3.61.020 Membership -- Terms A. The Electrical Committee shall be composed of five members appointed by the mayor, with the advice and consent of the City Council. B. One member shall be a registered professional engineer, one a registered electrical contractor, one a journeyman electrician, one a representative of an inspection bureau maintained by the Fire Underwriters (or if no such representative reside in the city, then the chief of the fire department) and one representative of an electricity supply company_ The electrical inspector shall be an ex-officio member. C. Each member shall be appointed for a three year term or until their successors shall have been appointed by the City Council. The terms of the initial appointees hereunder shall be staggered in such a manner so that the term of two members shall be for three years, two members for two years, and one member for one year; thereafter all terms shall be for three years. 3.61. 030 Organization A. The Electrical Committee shall elect one of its members as chairman All for a term of one year subject to re-election. B. The Electrical Committee shall adopt rules governing its operation subject to approval by the City Council. 3.61.040 Powers and Duties A. The Electrical Committee, after their review, shall recommend to the Building Commission additions or deletions in the current or proposed electrical code to be sure safe, efficient and practical standards, specifications and products are adopted for the installation, alteration and use of electrical equipment in the City. B. The Electrical Committee shall review the completed application and examination of applicants for registration as an electrical contractor as provided in Section 16.24.090 and shall recommend whether the registration will be granted." Section 3_. That Chapter 3.62 entitled "Warm Air Heating Committee" be and is hereby added to Title 3 of the Elgin Municipal Code, as amended, to read as follows: "3.62.010 Created ` There is hereby created a Warm Air Heating Committee for the City of Elgin. 3.62.020 Membership -- Terms A. The Warm Air Heating Committee shall be composed of three members appointed by the mayor, with the advice and consent of the City Council. B. Each member shall be an experienced, qualified and a registered warm air heating contractor. The City Engineer or his designee shall be an ex-officio member. C. Each member shall be appointed for a three year term or until their successors shall have been appointed by the City Council. The terms of the initial appointees hereunder shall be staggered in such a manner so that the term of one member shall be for three years, one member for two years and one member for one year; thereafter all terms shall be for three years. 3.62.030 Organization A. The Warm Air Heating Committee shall elect one of its members as chairman for a term of one year subject to re-election. B. The Warm Air Heating Committee shall adopt rules governing its opera- tion subject to approval by the City Council. eft 3.62.040 Powers and Duties A. The Warm Air Heating Committee, after their review, shall recommend to the Building Commission addition or deletions in the current or proposed warm air heating code to be sure safe, efficient and practical standards, specifi- cations and products are adopted for the installation, alteration and use of warm air heating systems in the City. B. The Warm Air Heating Committee shall review the completed application and examination of applicants for registration as a warm air heating contractor as provided in Section 16.32.120 and shall recommend whether the registration will be granted." Section 4. That Chapter 3.63 entitled "Plumbing Committee" be and is hereby added to Title 3 of the Elgin Municipal Code, as amended to read as follows: "3.63.010 Created There is hereby created a Plumbing Committee for the City of Elgin. 3.63.020 Membership -- Terms A. The Plumbing Committee shall be composed of three members appointed by the mayor, with the advice and consent of the City Council. B. Two members shall be Elgin registered plumbing contractors; and one member shall be an Elgin licensed plumber. C. Each member shall be appointed for a three year term or until their All successors shall have been appointed by the City Council. The terms of the initial appointees hereunder shall be staggered in such a manner so that the term of one member shall be for three years, one member for two years and one member for one year; thereafter all terms shall be for three years,. The Elgin Plumbing Inspector shall be an ex-officio member. 3.63.030 Organization A. The Plumbing Committee shall elect one of its members as chairman for a term of one year subject to re-election. B. The Plumbing Committee shall adopt rules governing its operation subject to approval by the City Council. 3,63.040 Powers and Duties A. The Plumbing Committee, after their review, shall recommend to the Building Commission additions or deletions in the current or proposed plumbing code to be sure safe, efficient and practical standards, specifications and products are adopted for the installation, alteration and use of plumbing systems in the City. B. The Plumbing Committee shall recommend standards for the operation, placement and inspection of hydronic solar installations." Section 5. That Section 16.04..090 of Chapter 16.04 of the Elgin Municipal Code, as amended, is hereby amended to read as follows: "16.04.090 Appeals Section 127.0, "Board of Appeals" is deleted in its entirety." Section 6. That Section 16,.12.,080 of Title 16 of the Elgin Municipal Code, as amended, entitled "Board of Appeals" be and is hereby repealed Section 7. That Section 16.20 450 of Title 16 of the Elgin Municipal Code, as amended, entitled "Appeals" be and is hereby repealed. Section 8. That Section 16.32.120(C) of Chapter 16.32 of the Elgin Municipal Code, as amended, is hereby amended to read as follows: "C. Application Any person, firm or corporation desiring to engage in the business of a warm air heating contractor must first make a written application and pay a nonrefundable examination fee of $25: 00 Dollars to the Inspection Division of the Department of Community Development. Each applicant shall be required to pass an examination as provided by the Warm Air Heating Committee which shall require each applicant to answer a reasonable number of questions in writing to indicate that he has sufficient knowledge and technical training to install, alter, repair or maintain warm air heating equipment. Following the successful passing of the examination, the Committee shall transmit their approval to the License Enforcement Officer who shall upon payment by the applicant of the fee hereinafter provided for, register the applicant and inform the Inspection Division who shall issue a certificate of registration to the applicant." Section 9. That Section 16.32.120(E) of Title 16 of the Elgin Municipal Code, as amended, be and is hereby repealed. Section 10. That Section 16.32.110 of Title 16 of the Elgin Municipal Code, as amended, entitled "Warn Air Heating Commission Established" be and is hereby repealed. Section 11. That Section 16.24.040 of Title 16 of the Elgin Municipal Code, as amended, entitled "Electrical Commission - Established" be and is hereby repealed. Section 12. That Section 16.24.090(B) of Chapter 16.24 of the Elgin Municipal Code, as amended, is hereby amended to read as follows: "B. Application. Any person, firm or corporation desiring to engage in the business of an electrical contractor must first make a written application and pay a nonrefundable examination fee of $25. 00 Dollars to the Inspection Division of the Department of Community Development. Each applicant eft shall be required to pass an examination as provided by the Electrical Committee which shall require each applicant to answer a reasonable number of questions in writing to indicate that he has sufficient knowledge and technical training to install, alter, repair or maintain electrial equip- ment. Following the successful passing of the examination, the Committee shall transmit their approval to the License Enforcement Officer who shall upon payment by the applicant of the fee hereinafter provided for, register the,applicant and inform the Inspection Division who shall issue a certificate of registration to the applicant." Section 13. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 14. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L . Verbic Richard L. Verbic, Mayor Presented: December 14, 1977 Passed: December 14 , 1977 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s% Marie Yearman Marie Yearman, City Clerk