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G56-00 1 Ordinance No. G56-00 AN ORDINANCE AMENDING TITLE 3 ENTITLED "BOARDS AND COMMISSIONS" OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 3 . 60 entitled "Building Commission" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 3 . 60 . 010 CREATED. There is created a commission which shall be known as the "Elgin Building Commission" . Whenever the word "commission" is used in this chapter, it shall mean and refer to the Elgin Building Commission. 3 .60 . 020 MEMBERSHIP-ORGANIZATION-APPOINTMENTS-TERMS . A. The commission shall consist of seven members to be appointed by the city council . Each member so appointed shall serve for three years and eft may be reappointed. The terms of 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 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 licensed architect experienced in building construction; a general contractor experienced in commercial and/or industrial construction; and a general contractor experienced in residential construction. The chairmen of the electrical committee, warm air heating committee and plumbing committee shall serve on the commission following their respective elections to those positions without the need for an express /� appointment to the commission by the city council . T C. Each member shall either be a resident of the city or shall have his principal employment e .., within the city. 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 set forth in this chapter to the best of his ability. D. One of the members of the commission shall be appointed by the city council as chairman. E. The Director of the Department of Code Administration and Development Services, or his designee, shall serve as an ex-officio member, with no voting rights . 3 . 60 . 030 ADMINISTRATION. A. The commission shall adopt rules governing its proceedings and the exercise of the powers and duties given to it in this chapter provided that such rules shall not be in conflict with any provisions of this chapter and upon approval by the city council . B. The commission shall meet not less than annually during the month of March and a quorum of four members shall be required for any action by the '' commission other than adjournment of a meeting. C. The Director of the Department of Code Administration and Development Services, 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 Code Administration and Development Services, or his designee, 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 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 -2- 00" city 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. A. The owner of a building or structure or any other interested person may appeal from a decision of the Department of Code Administration and Development Services to grant a modification of the provisions of any code or ordinance adopted by the city covering the manner of construction, installation or materials used in the erection, alteration or repair of a building or structure to the commission. Application for appeal may be made when it is claimed that the true intent of any code or ordinance or the rules legally adopted thereunder have been incorrectly interpreted, that 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 Code Administration and Development Services accompanied with a fee of twenty-five dollars 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 few question to be resolved, and the applicants position on the question; and -3- • 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 Code Administration and Development Services 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. A member of the commission shall not pass on any question in which he is engaged as contractor or material dealer, or in the preparation of plans or specifications, or in which he has any personal interest, direct or indirect . 3 .60 . 070 DECISION OF COMMISSION. The commission shall, within fifteen 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 Code Administration and Development Services 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" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 3 . 61.010 ESTABLISHED. There is hereby established an electrical committee for the city pursuant to the city' s home rule authority. The electrical committee hereby eik established shall be separate and distinct and supersede the electrical commission authorized by Section 11-37-2 of the Illinois Municipal Code (65 -4- ILCS 5/11-37-2 , as amended) . In case of any conflict of any provision of this chapter with-any provision of the statutory provisions for electrical commissions, the provisions of this chapter shall control . 3 .61. 020 MEMBERSHIP-TERMS. A. The electrical committee shall be composed of five members appointed by the city council . B. One member shall be a registered professional engineer, one a registered electrical contractor, one a journeyman electrician, the chief of the fire department and one representative of an electricity supply company. The Director of the Department of Code Administration and Development Services, or his designee, shall be an ex officio member, with no voting rights . C. Each member shall be appointed for a three-year term or until his successor 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 meet annually during the month of February and shall elect one of its members as chairman for a term of one year subject to reelection. 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 its 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 -5- eft provided by this code and shall recommend whether the registration will be granted. Section 3 . That Chapter 3 . 62 entitled "Warm Air Heating Committee" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 3 . 62 . 010 CREATED. There is created a warm air heating committee for the city. 3 . 62 .020 MEMBERSHIP-TERMS. A. The warm air heating committee shall be composed of three members appointed by the city council . B. Each member shall be an experienced, qualified and registered warm air heating contractor. The Director of the Department of Code Administration and Development Services, or his designee, shall be an ex officio member, with no voting rights . C. Each member shall be appointed for a three-year term or until his successor 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 meet annually during the month of February and shall elect one of its members as chairman for a term of one year subject to reelection. B. The warm air heating committee shall adopt rules governing its operation subject to approval by the city council . 3 . 62 . 040 POWERS AND DUTIES. A. The warm air heating committee, after its review, shall recommend to the building commission additions or deletions in the current or proposed warm air heating code to be sure safe, efficient and practical standards, specifications and products are adopted for the installation, alteration and use of warm air heating systems in the city. -6- eft. 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 by this code and shall recommend whether the registration will be granted. Section 4 . That Chapter 3 . 63 entitled "Plumbing Committee" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 3 . 63 . 010 CREATED. There is created a plumbing committee for the city. 3 .63 .020 MEMBERSHIP-TERMS . A. The plumbing committee shall be composed of three members appointed by 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 his successor shall have tow 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 Director of the Department of Code Administration and Development Services, or his designee, shall be an ex officio member, with no voting rights . 3 .63 . 030 ORGANIZATION. A. The plumbing committee shall elect one of its members as chairman for a term of one year subject to reelection. B. The plumbing committee, shall meet annually during the month of February and shall adopt rules governing its operation subject to approval by the city council . 3 . 63 . 040 POWERS AND DUTIES. A. The plumbing committee shall recommend to the building commission additions or deletions in rft. the current or proposed plumbing code to be sure safe, efficient and practical standards, specifications and products are adopted for the -7- installation, alteration and use of plumbing systems in the city. B. The plumbing committee shall recommend standards for the operation, placement and inspection of hydropic solar installations . Section 5 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Ed Schack, Mayor Presented: October 25, 2000 Passed: October 25, 2000 Omnibus Vote : Yeas 6 Nays 0 Recorded: October 26, 2000 Published: Attest : Do onna Mecum, City Clerk -8-