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G36-03 Ordinance No . G36-03 AN ORDINANCE AMENDING CHAPTER 3 . 60 OF THE ELGIN MUNICIPAL CODE, ENTITLED "BUILDING COMMISSION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 3 . 60 entitled "Building Commis- sion" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "3 . 60 . 010 : ESTABLISHED: There is hereby established 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 (7) voting members . Four (4) members shall be appointed to the commission by the city council and shall include a registered structural engineer experienced in building construction; a licensed architect experienced in building construction; a general contractor experienced in commercial and/or industrial con- struction, and; a general contractor experienced in resi- dential construction. Each appointed member shall either be a resident of the city or shall have their principal em- ployment within the city. Each member so appointed shall serve for three (3) years and may be reappointed by the city council . Each member shall , upon appointment, take and subscribe an oath that they will faithfully and honestly perform the duties and functions of the office as set forth in this chapter to the best of their ability. A vacancy oc- curring in the commission shall be filled by appointment to serve for the unexpired term. B. The respective chairpersons of the city' s electrical com- mittee, HVAC committee, and plumbing committees shall also serve as members on the commission following their respec- tive elections to those positions . C . The commission shall meet at least annually during the month of March and shall elect one of its members as chair- man for a term of one year subject to reelection. D. The director of the department of code administration and development services, or his or her designee, shall serve as an ex officio member of the commission 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 as established by this chapter provided that such rules shall not be in con- flict with any provisions of this chapter and upon approval by the city council . B. A quorum of four (4) members shall be required for any ac- tion by the commission other than adjournment of a meeting. C. The director of the department of code administration and development services, or his or her designee, shall attend all meetings of the commission and shall provide such as- sistance as may be required or requested by the commission, and shall maintain an accurate record of all proceedings . 3 . 60 . 040 : POWERS AND DUTIES : The commission shall promote the public health, welfare and safety in the design, inspection and construction of all build- ings 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 depart- ment of code administration and development services per- taining to the electrical , plumbing, heating, building or fire safety regulations of the city or the denial of regis- tration as a HVAC or electrical contractor. B. To review recommendations of the electrical , HVAC, and plumbing committees for modifications of codes, specifica- tions and regulations, relating to the building process and recommend to the City Council changes in any code, specifi- cation or regulation from time to time as deemed necessary for the protection of the public health and safety and en- sure safe, proper and efficient building and construction practices . L 2 3 . 60 . 050 : APPEALS : A. The owner of a building or structure or any other inter- ested 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. Ap- plication for appeal may be made when it is claimed that the true intent of any code or ordinance or the rules le- gally adopted there under have been incorrectly inter- preted, that the provisions of this code do not fully ap- ply, 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 ($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, fir• 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 varia- tion is requested; 5 . A short, concise statement of the question to be re- solved, 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 substi- tute 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, offi- cers and employees named in the application. 3 B. Upon receipt of the application, the chairman of the com- mission shall set the time and place of said hearing as soon as practicable . C. All hearings shall be public; and the appellant, his repre- sentative, the official of the jurisdiction and any other person whose interests may be affected by the matter on ap- peal, 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 (15) days after the close of the hearing on any appeal, make a written decision on the ap- peal . The commission shall affirm, modify, or reverse the deci- sion 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 commis- (1111. sion shall be forwarded to the applicant . " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: May 14 , 2003 Passed: May 14, 2003 Vote : Yeas : 6 Nays : 0 Recorded: May 15, 2003 Attest : Dolonna Mecum, City Clerk L 4 Ordinance No. G38-03 AN ORDINANCE AMENDING CHAPTER 3 . 62 OF THE ELGIN MUNICIPAL CODE, ENTITLED "WARM AIR HEATING COMMITTEE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . 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 : ESTABLISHED: There is hereby established a HVAC (heating, ventilating and air conditioning) committee for the city. 3 . 62 . 020 : MEMBERSHIP; TERMS : A. The HVAC committee shall be composed of three (3) members appointed by the city council . B. Each appointed member shall be an experienced, qualified and HVAC contractor and shall be registered as an HVAC con- tractor within the city. The director of the department of code administration and development services, or his or her designee, shall be an ex officio member, with no voting rights . C. Each appointed member shall be appointed for a three (3) year term or until his or her successor shall have been ap- pointed by the city council . 3 . 62 . 030 : ORGANIZATION: A. The HVAC committee shall meet at least annually during the month of February and shall elect one of its members as chairperson for a term of one year subject to reelection. B. The HVAC committee shall adopt rules governing its opera- tion subject to approval by the city council . 3 . 62 . 040 : POWERS AND DUTIES : A. The HVAC committee, after its review, shall recommend to the building commission additions or deletions in the cur- rik rent or proposed mechanical code to be sure safe, efficient and practical standards, specifications and products are adopted for the installation, alteration and use of HVAC systems in the city. B. The HVAC committee shall administer and review the com- pleted application and examination of applicants for regis- tration as a HVAC contractor as provided by this code and shall recommend whether the registration will be granted. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. r Ed Schoc , Mayor Presented: May 14 , 2003 Passed: May 14 , 2003 eim- Vote : Yeas : 6 Nays : 0 Recorded: May 15, 2003 Attest : A1-4„,Q k2444,,,_ Dolonna Mecum, City Clerk rik