G15-98 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 .
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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
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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:
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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.
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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
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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
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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
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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 :
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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,
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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. )
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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
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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
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