G5-09 • Ordinance No. G5-09
AN ORDINANCE
ADOPTING THE "INTERNATIONAL PROPERTY MAINTENANCE CODE,
2006 EDITION" AS THE PROPERTY MAINTENANCE CODE FOR THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended to read as follows:
"Chapter 16.12
PROPERTY MAINTENANCE CODE
Section:
16.12.010 Adopted
16.12.020 Additions, Insertions and Changes.
16.12.010 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 International Property Maintenance Code,
2006 Edition, as published by the International Code Council, be and is hereby adopted as and
• shall be known as the Property Maintenance 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 International Property Maintenance Code,
2006 Edition 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.
16.12.020 ADDITIONS, INSERTIONS AND CHANGES.
The International Property Maintenance Code, 2006 Edition, 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 Property Maintenance Code of the City of Elgin,
hereinafter referred to within this chapter as "this code."
Section 101.3, entitled "Intent" shall be amended to read as follows:
This code shall be construed to secure its expressed intent, which is to ensure public
health, safety and welfare in so far as they are affected by the continued occupancy and
maintenance of structures and premises. Existing structures and premises that do not
• comply with these provisions shall be altered or repaired to provide a minimum level of
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• health and safety as required herein. Repairs, alterations, additions to and change of
occupancy in existing buildings shall comply with the Elgin Municipal Code, 1976, as
amended.
Section 102.3, entitled "Application of other codes,'' shall be amended to read as follows:
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the Elgin Municipal Code, 1976, as
amended. Nothing in this code shall be construed to cancel, modify or set aside any
provision of Title 19 of the Elgin Municipal Code, 1976, as amended.
Section 103.1, entitled "General," shall be amended to read as follows:
The property maintenance division of the department of code administration and
development services is hereby created and the executive official in charge of the
department of code administration and development services shall be known as the code
official.
Section 103.2, entitled "Appointment," shall be amended to read follows:
The code official shall be appointed by the city manager.
• Section 103.5, entitled "Fees," shall be amended to read as follows:
The fees for activities and services performed by the department in carrying out its
responsibilities under this code shall be as indicated in the provisions of the Elgin
Municipal Code, 1976, as amended.
Section 106.3, entitled "Prosecution of violation," shall be amended to read as follows:
Any person who shall violate any provision of this code, or any person failing to comply
with a notice of violation or order served in accordance with Section 107, shall be
deemed guilty of a misdemeanor or civil infraction as determined by the city, and the
violation shall be deemed a strict liability offense. In the event of a violation of any
provision of this code, or if a notice of violation is not complied with, the code official
shall institute the appropriate proceeding at law or in equity to restrain, correct or abate
such violation, or to require the removal or termination of the unlawful occupancy of the
structure in violation of the provisions of this code or of the order or direction made
pursuant thereto. Any action taken by the city on such premises shall be charged against
the real estate upon which the structure is located and shall be a lien upon such real
estate.
Section 106.4, entitled '`Violation penalties," shall be amended to read as follows:
• Penalties shall be in accordance with the provisions set forth in Chapter 1.20 of the Elgin
Municipal Code, 1976, as amended.
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• Section 107.2, entitled "Form, shall be amended to read as follows:
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a statement of any violations or charges assessed to date.
5. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with the
provisions of this code.
6. Inform the property owner of the right to appeal.
7. Include a statement of the right to file a lien in accordance with Section 106.3.
Section 107.3, entitled `'Method of service," shall be amended to read as follows:
• Such notice shall be deemed to be properly served if a copy thereof is either:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address. If the notice is
returned showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by the notice; or
3. Posting the notice in a conspicuous place in or about the structure affected by the
notice.
Section 108.2, entitled "Closing of vacant structures," shall be amended to read as follows:
If the structure is vacant and unfit for human habitation and occupancy, and is not in
danger of structural collapse, the code official is authorized to post a placard of
condemnation on the premises and order the structure closed up so as not to be an
attractive nuisance. Any enclosure order shall require the structure's window and door
openings to be enclosed with wood painted in the same color as the window or door
frame surrounding the opening and shall also require such wood to be positioned and
secured flush with the interior border of the window or door frame surrounding the
opening. Upon failure of the owner to close up the premises within the time specified in
the order, the code official shall cause the premises to be closed and secured through any
available public agency or by contract or arrangement by private persons and the cost
• thereof shall be charged against the real estate upon which the structure is located and
shall be a lien upon such real estate and may be collected by any other legal resource._
Section 111.2, entitled "Membership of the board," shall be amended to read as follows:
The board of appeals shall consist of five members who are qualified by experience and
training to pass on matters pertaining to the property maintenance code and two members
at large who may or may not have such experience and training. The board shall be
appointed by the mayor and city council.
Section 111.2.1, entitled `'Alternate members," shall be deleted in its entirety.
Section 111.2.4, entitled "Secretary," shall be amended to read as follows:
The code official shall designate a qualified person to serve as secretary to the board.
The secretary shall maintain a detailed record of all board proceedings within the
department.
Section 111.2.5, entitled "Compensation of members," shall be deleted in its entirety.
Section 111.3, entitled "Notice of meeting," shall be amended to read as follows:
• The board shall meet upon notice from the chairman or at stated periodic meetings.
Section 111.4, entitled "Open hearing," shall be amended to read as follows:
All hearings before the board shall be open to the public. The appellant, the appellant's
representative, the code official or his designee and any person whose interests are
affected shall be given an opportunity to be heard. A quorum shall consist of not less
than four board members.
Section 111.5, entitled "Postponed hearing," shall be deleted in its entirety.
Section 111.6, entitled "Board decision," shall be amended to read as follows:
The board shall modify or reverse the decision of the code official only by a concurring
vote of a majority of the board members present at the time of such vote.
Section 111.7, entitled "Court review," shall be amended to read as follows:
The appellant shall have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Application for review shall be made in the manner and time
required by law following the issuance of the board's written decision.
•
. Section 201.3 entitled "Terms defined in other codes," shall be amended to read as follows:
Where terms are not defined in this code and are defined in the Elgin Municipal Code,
1976, as amended, such terms shall have the meanings ascribed to them as in that codes.
Section 202, entitled "General Definitions," shall be amended so that the definition of the term
"Dwelling Unit", as set forth within said section, reads as follows:
Dwelling unit. When used in this chapter, the term "dwelling unit" shall be ascribed the
same meaning for that term as defined in Title 19 of the Elgin Municipal Code, 1976, as
amended.
Section 301.2, entitled "Responsibility," shall be amended to read as follows:
The owner of the premises shall maintain the structures and exterior property in
compliance with these requirements, except as otherwise provided for in this code. No
person shall occupy or permit any other person to occupy premises which are not in a
sanitary and safe condition and which do not comply with the requirements of this
chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible
for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
• Section 302.3, entitled "Sidewalks and driveways," shall be amended to read as follows:
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair and maintained free from hazardous conditions. All driveways,
parking lots and parking spaces paved with asphalt shall be regularly maintained with
periodic sealcoating to protect the asphalt surface from the damaging effects of water,
gasoline, oil, salt and chemicals whenever cracks in the asphalt surface are present. No
driveway, parking lot or parking space may be created or expanded by using gravel or
any similar loose stone surface. All parking lot striping shall be maintained. All striping
applied to driveways, parking lots and parking spaces shall be maintained so that the
paint or other material used for the striping is clearly visible and the purpose for which
the striping has been applied is readily recognizable.
Section 302.3.1, entitled "Parking of motor vehicles on paved surfaces only," shall be created to
read as follows:
The parking of motor vehicles shall be on concrete or asphaltic paved surfaces only,
unless otherwise specifically provided for in the Elgin Municipal Code, 1976, as
amended.
Section 302.4, entitled "Weeds," shall be amended to read as follows:
All premises and exterior property shall be maintained free from weeds in excess of 8
• inches. Weeds shall be defined as all grasses, annual plants and vegetation, other than
• trees or shrubs provided: however, this term shall not include cultivated flowers and
gardens. All noxious weeds shall be prohibited. Noxious weeds shall include the
following: ragweed, giant and common; Canada thistle, all varieties; perennial sow
thistle; European bind weed; hoary cress; leafy spurge; and Russian knapweed.
Section 302.4.1, entitled "Landscape Maintenance," shall be created to read as follows:
Landscaped areas and required landscape yards shall be maintained free of litter and
weeds. All dead and unsightly plant material in required landscape yards shall be
replaced.
Section 302.8.1, entitled "Motor vehicle sales," shall be created to read as follows:
The selling of previously owned vehicles from any premises zoned for residential use is
permitted, subject to the following restrictions:
1. Not more than two (2) vehicles may be offered for sale during any twelve (12)
month period.
2. A vehicle being offered for sale must be titled to the current resident of the
property upon which the vehicle is being offered for sale.
• 3. A vehicle may be offered for a period not exceeding twenty-one (21) days
within any twelve (12) month period.
4. Any vehicle being offered for sale shall be operable and properly licensed.
The selling of previously owned vehicles from any property in the city not zoned for
residential use is prohibited unless the property on which the previously owned vehicle is
being sold has been issued a certificate of occupancy or a certificate of reoccupancy for a
land use that permits the sale of previously owned vehicles at that location.
Section 302.10, entitled "Residential storage," shall be created to read as follows:
Household items incidental to and commonly and customarily associated with a dwelling
unit shall be stored entirely within an enclosed building. No commercial equipment or
materials shall be kept or stored out of doors in any residence district.
Section 302.11, entitled "Commercial storage," shall be created to read as follows:
Items incidental to and commonly and customarily associated with the principal use
established on any premises zoned for business, commercial or industrial land uses shall
be stored within an enclosed building. The prohibitions of this section shall not apply to
any lawfully established "commercial operations yard," as that term is defined in the
0 Elgin Municipal Code, 1976, as amended.
Section 302.12, entitled "Refuse collection area," shall be created to read as follows:
•
All premises with more than four (4) dwelling units located in either the RC2 Residence
Conservation District or the RC3 Residence Conservation District, and all premises
located in the MFR Multiple-Family Residence Zoning District, PMFR Planned
Multiple-Family Residence District, CF Community Facility District, RB Residence
Business District, NB Neighborhood Business District, AB Area Business District, CC1
Center City District, CC2 Center City District, ORI Office Research Industrial District,
GI General Industrial District or Cl Commercial Industrial District shall establish a refuse
collection area on the premises. The refuse collection area shall be screened from view
from adjoining property and public rights of way by a solid fence or wall at minimum
structure height of six (6) linear feet and shall not be located within a required building
setback from any type of lot line. For the purposes of this section "refuse collection area"
shall be defined as any portion of the premises where refuse is stored in approved
enclosures such as a "garbage can" or "garbage dumpster" until removed by a refuse
disposal service.
Section 302.13, entitled "Mobile storage containers," shall be created to read as follows:
No mobile storage container shall remain on the exterior property area of any premises
for more than fourteen (14) days within any twelve (12) month period while such
property is owned by the same record owner. Mobile storage containers shall be placed
• on a paved surface and the placement of the mobile storage container shall not encroach
upon the public right-of-way. For the purposes of this section, a "mobile storage
container" shall be defined as any container designed for on-site, exterior storage that is
capable of being transported to distant locations by a commercial motor vehicle and is
generally sized to accommodate the contents of an approximately 1200 square-foot or
greater dwelling unit.
Section 302.14, entitled "Holiday decorations," shall be created to read as follows:
Decorations, including signs, that are clearly incidental, customary, and commonly
associated with a national, local, or religious holiday, may be displayed for a period of
not more than sixty (60) days within a calendar year, and may be of any type, number,
area, height, location, illumination or animation, provided that no such holiday decoration
or sign shall be utilized for the purpose of advertising.
Section 302.15, entitled "Groundcover," shall be created to read as follows:
Groundcover. Exterior property not covered by approved paving material shall be
covered by natural groundcover in sufficient quantities to reasonably cover all otherwise
exposed soil or ground, except as otherwise provided herein. Alternatively, any exterior
property not covered by approved paving material may be covered by decorative stone or
mulch in sufficient quantities to reasonably cover all otherwise exposed soil or ground
provided such decorative stone or mulch does not to exceed twenty-five percent of the
. total area of the zoning lot. All groundcover shall comply with the noxious weed and
• height provisions of Chapter 9.16 and Chapter 16.12 of the Elgin Municipal Code, 1976,
as amended. The provisions of this section shall not apply to the following:
A. Cultivated flowers and gardens;
B. Active construction sites;
C. Areas maintained and utilized for organized sporting or entertainment purposes, which
purposes require the existence of particular surfaces other than as provided herein;
provided, however, that no such purpose shall be deemed to constitute an exception to the
provisions of Chapter 9.16 and Chapter 16.12 of the Elgin Municipal Code, 1976, as
amended;
D. Areas which are physically incapable of supporting natural groundcover.
Section 302.16, entitled "Tree maintenance," shall be created to read as follows:
A. Dead, decayed or hazardous trees located on private property shall be pruned or
removed under the direction and supervision of the code official or his or her
representative.
B. The owner of a lot or parcel of land upon which a dead, decayed, diseased, defective
• or hazardous tree is found and fails to comply with an order of the code official to
remove or prune such tree within thirty (30) days of the notice ordering such removal
shall be deemed in violation of this section.
C. The code official shall be authorized to order the removal or pruning of any dead,
decayed, diseased, defective or hazardous tree, located on private property in the city.
D. The code official or his or her representative shall be authorized to enter upon any
premises within the city to remove or treat a dead, decayed, diseased, defective or
hazardous tree if the owner of such premises fails to comply with the code official's order
to prune or remove the tree.
E. When the city has pruned or removed a dead, decayed, diseased, defective or
hazardous tree in accordance with this section, and such owner refuses or neglects to pay
the cost of the city's pruning or removal of the dead, decayed, diseased, defective or
hazardous tree within ten (10) days after the city's mailing of a statement of the costs for
the pruning or removing the dead, decayed, diseased, defective or hazardous tree, the
code official, or his or her designee, on behalf of the city, shall file a notice of lien within
sixty (60) days after such cost and expense is incurred in the office of the recorder of
deeds of the county in which the property is located. Said lien shall be a lien against the
real estate superior to all other liens and encumbrances except tax liens. However, said
liens shall not be valid to any purchaser whose rights in and to such real estate have
arisen subsequent to the removal of the dead, decayed, diseased, defective or hazardous
• tree and prior to the filing of notice of lien, and said lien shall not be valid as to any
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• mortgagee, judgment, creditor or other lien payment whose rights in and to such real
estate arise prior to the filing of such notice. The notice of lien shall consist of a sworn
statement, setting out a description of the real estate sufficient for the identification
thereof, the amount of money representing the cost and expense and administrative fee
incurred and payable for the service, and the date or dates when such cost and expense
was incurred.
F. After the notice of lien provided for in this section has been filed, upon payment to the
city for the cost and expense of said lien and payment of the release of lien fee by the
owner or any other persons interested in the property, the lien shall be released by the city
clerk on behalf of the city. The fee for issuing a release of lien filed pursuant to this
section shall be $25.00.
Section 302.17, entitled "Dead or decaying plants," shall be created to read as follows:
All exterior property areas shall be maintained free from dead or decaying plants. The
prohibitions of this section shall not apply to any tree stump with a height of not more
than twenty-four inches (24") above the ground.
Section 302.18, entitled "Outdoor Storage of Firewood", shall be created to read as follows:
The outdoor storage of firewood shall be permitted, provided that any firewood is
• required to be stored at least six (6) inches off the ground and stacked neatly. No
firewood shall be allowed in the front or side yards, and must be at least six (6) feet from
any lot line.
Section 304.2.1, entitled "Exterior Surface Maintenance," shall be created to read as follows:
All premises shall be maintained free from buildup of dirt, grease, incomplete painting,
priming, or any other discoloration which creates an obvious uneven appearance.
Section 304.3, entitled "Premises Identification," shall be created to read as follows:
Buildings shall have approved address numbers placed in a position to be plainly legible
and visible from the street or road fronting the property. These numbers shall contrast
with their background. Address numbers shall be Arabic numerals and shall be a
minimum of 5 inches high with a minimum stroke width of 0.5 inch.
Section 304.13.3, entitled "Exterior window covering," shall be created to read as follows:
No exterior surface on any window, skylight, porch or door shall be covered or insulated
with any material consisting of plastic, paper, foil or fiberglass, with the exception of
manufactured storm windows utilizing what is commonly referred to as ''plexiglass."
s
Section 304.14, entitled "Insect screens," shall be amended to read as follows:
During the period from May 1 to October 31, every door, window and other outside
opening utilized or required for ventilation purposes serving any structure containing
habitable rooms, food preparation areas, food service areas, or any areas where products
to be included or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting screens of not less than
16 mesh per inch (16 mesh per 25 mm), and every swinging door shall have a self-
closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air
curtains or insect repellant fans, are employed.
Section 305.3, entitled "Interior surfaces," shall be amended to read as follows:
All interior surfaces, including windows and doors, shall be maintained in good, clean
and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other
defective surface conditions shall be corrected. Floors located in kitchens, bathrooms and
toilet rooms shall be installed and maintained with materials rendering the floors
impervious to water.
Section 305.7, entitled "Hazardous Materials," shall be created to read as follows:
Combustibles, flammable, explosive or other hazardous materials, such as paint, volatile
oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags,
shall not be accumulated or stored unless specifically authorized in relation to an
approved use or occupancy of the premises.
Section 305.8, entitled "Accumulation," shall be created to read as follows:
Rubbish, garbage or other materials shall not be stored or allowed to accumulate in
stairways, passageways, or in or around doors, windows, fire escapes or other means of
egress.
Section 309, entitled "Carbon Monoxide Alarm Detectors," shall be created to read as follows:
A. DEFINITIONS.
For the purposes of this section:
""Approved carbon monoxide alarm" or "alarm" means carbon monoxide alarm that
complies with all the requirements of the rules and regulations of the Illinois State Fire
Marshal, bears the label of a nationally recognized testing laboratory, and complies with
the most recent standards of the Underwriters laboratories or the Canadian Standard
• Association. "Dwelling Unit" means a room or suite of rooms used for human habitation,
and includes a single-family residence as well as each living unit of a multiple-family
residence and each living unit in a mixed use building.
B. INSTALLATION.
1. Every dwelling unit shall be equipped with at least one approved carbon monoxide
alarm in an operating condition within fifteen (15) feet of every room used for sleeping
purposes. The carbon monoxide alarm may be combined with the respective provisions
of the administrative code, reference standards, and departmental rules relating to both
smoke detecting devices and carbon monoxide alarms and provided that the combined
unit emits an alarm in a manner that clearly differentiates the hazard.
2. Every structure that contains more than one dwelling unit shall contain at least one
approved carbon monoxide alarms in operating condition within fifteen (15) feet of every
room used for sleeping purposes.
3. It is the responsibility of the owner of the structure to supply and install all required
alarms. It is the responsibility of the tenant to test and to provide general maintenance for
alarms within the tenant's dwelling unit or rooming unit, and to notify the owner or
authorized agent of the owner in writing of any deficiencies that the tenant cannot
correct. The owner is responsible for providing one tenant per dwelling unit with written
information regarding alarm testing and maintenance. The tenant is responsible for
• replacement of any required batteries in the carbon monoxide alarms in the tenant's
dwelling unit, except that the owner shall ensure that the batteries are in operating
condition at the time tenant takes possession of the swelling unit. The tenant shall
provide the owner or authorized agent of the owner with access to the dwelling unit to
correct any deficiencies in the carbon monoxide alarm that have been reported in writing
to the owner or the authorized agent of the owner. The carbon monoxide alarms required
under this code may be either battery powered, plug-in with battery back-up, or wired
into the structure's AC power line with secondary battery back-up.
C. FAILURE TO INSTALL OR MAINTAIN.
Failure to install or maintain in operating condition any carbon monoxide detector or
tampering with, removing, destroying, disconnecting or removing batteries from any
installed carbon monoxide alarm, except in the course of inspection, maintenance, or
replacement of the alarm, is in violations of this code.
D. EXEMPTIONS.
The following residential units shall not require carbon monoxide detectors:
1. A residential unit in a building that; (i) does not rely on combustion of fossil fuel for
heat, ventilation, hot water; (ii) is not connected in any way to a garage; and (iii) is not
sufficiently close to any ventilation source of carbon monoxide, as determined by local
• building official, to receive carbon monoxide from that source.
• 2. A residential unit that is not sufficiently close to any source of carbon monoxide so as
too be at risk of receiving carbon monoxide from that source, as determined by the local
building official.
Section 401.2, shall be amended to be entitled "Light, Ventilation and Occupancy Limitations;
Responsibility," and shall be amended to read as follows:
The owner of the structure shall provide and maintain light, ventilation and space
conditions in compliance with these requirements. A person shall not occupy any
premises or permit another person to occupy any premises that do not comply with the
requirements of this chapter.
Section 401.3 entitled "Alternative devices" shall be amended to read as follows:
In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the Elgin Municipal Code, 1976, as amended,
shall be permitted.
Section 403.5, entitled "Clothes dryer exhaust," shall be amended to read as follows:
Clothes dryer exhaust systems shall be independent of all other systems and shall be
exhausted in accordance with the manufacturer's instructions unless the manufacturer's
• instructions expressly authorize interior venting. The owner or occupant of the dwelling
unit shall have the burden of demonstrating the clothes dryer venting system conforms
with the manufacturer's instructions.
Section 404.4, shall be amended to be entitled "Bedroom Requirements," and shall be amended
to read as follows:
Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5.
Section 404.4.1, shall be amended to be entitled "Area for sleeping purposes," and shall be
amended to read as follows:
Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of
floor area, and every bedroom occupied by more than one person shall contain at least 50
square feet (4.6 in 2) of floor area for each occupant thereof.
Section 404.4.4, entitled "'Prohibited occupancy," shall be amended to read as follows:
Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping
purposes.
•
Section 404.4.5, entitled "Other requirements," shall be amended to read as follows:
•
Bedrooms in dwelling units containing one or more bedrooms must have closeable doors
that afford privacy. Bedrooms shall also comply with the applicable provisions of this
code including, but not limited to, the light, ventilation, room area, ceiling height and
room width requirements of this chapter; the plumbing facilities and water-heating
requirements of Chapter 5; the heating facilities and electrical receptacle requirements of
Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
Section 404.5, entitled "Overcrowding," shall be amended to read as follows:
Dwelling units shall not be occupied by more occupants than permitted by the
minimum area requirements of Table 404.5.
TABLE 404.5
MINIMUM AREA REQUIREMENTS
MINIMUM AREA IN SQUARE FEET
SPACE 1-2 Occupants 3-5 Occupants 6 or more Occupants
Living Room' No Requirements 120 150 for 6 occupants plus ten
additional square feet for each
occupant over 6
• Dining Room' No Requirements 80 100 for 6 occupants plus seven
additional square feet for each
occupant over 6
Kitchen 50 50 60
Bedrooms Shall comply with Section 404.4
a. See Section 404.5.1 for combined living room/dining room spaces.
Section 404.5.1, entitled "Combined spaces," shall be created to read as follows:
Combined living room and dining room spaces shall comply with the requirements of
Table 404.5 if the total area is equal to that required for separate rooms and if the space is
located so as to function as a combination living room/dining room.
Section 501.2, shall be amended to be entitled "Plumbing Facilities and Fixtures Requirements;
Responsibility," and shall be amended to read as follows:
The owner of the structure shall provide and maintain such plumbing facilities and
plumbing fixtures in compliance with these requirements. A person shall not occupy any
premises or permit another person to occupy any premises which does not comply with
the requirements of this chapter.
•
• Section 505.1, entitled '`General," shall be amended to read as follows:
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other
plumbing fixture shall be properly connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs
and showers shall be supplied with hot or tempered and cold running water in accordance
with the Elgin Municipal Code, 1976, as amended.
Section 507.1, shall be amended to be entitled "Storm drainage; General," and shall be amended
to read as follows:
Drainage of roofs and paved areas, yards and courts, and other open areas on the
premises shall not be discharged in a manner that creates a public nuisance.
Notwithstanding anything to the contrary provided in this code, sump pump drainage
shall not be discharged onto or across any adjacent building, premises or public street or
sidewalk. The discharge pipe must be placed a minimum of six (6) feet from any lot line._
Section 601.2, shall be amended to be entitled *"Mechanical and Electrical Requirements;
Responsibility," and shall be amended to read as follows:
The owner of the structure shall provide and maintain mechanical and electrical facilities
and equipment in compliance with these requirements. A person shall not occupy any
• premises or permit another person to occupy any premises not comply with the
requirements of this chapter.
Section 602.2, entitled "Residential occupancies," shall be amended to read as follows:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 65°F. (18°C) in all habitable rooms, bathrooms and toilet rooms based on
the winter outdoor design temperature for the locality indicated in Appendix D of the
2003 International Plumbing Code. Cooking appliances shall not be used to provide
space heating to meet the requirements of this section.
Section 602.3, entitled "Heat supply," shall be amended to read as follows:
Every owner and operator of any building who rents, leases or lets one or more dwelling
unit, rooming unit, dormitory or guest room on terms, either express or implied, to
furnish heat to the occupants thereof shall supply sufficient heat during the period from
October 1 to May 31 to maintain a temperature of not less than 657 (18°C) in all
habitable rooms, bathrooms, and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design temperature
for the city, maintenance of the minimum room temperature shall not be required
provided that the heating system is operating at its full design capacity. The winter
outdoor design temperature for the locality shall be as indicated in Appendix D of the
is 2003 International Plumbing Code.
• Section 602.4, entitled "Occupiable work spaces," shall be amended to read as follows:
Indoor occupiable work spaces shall be supplied with heat during the period from
October 1 to May 31 to maintain a temperature of not less than 65°F. (18°C) during the
period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature
conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
Section 604.2 entitled "Service," shall be amended to read as follows:
The size and usage of appliances and equipment shall serve as a basis for determining the
need for additional facilities in accordance with the Elgin Municipal Code, 1976, as
amended. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase
electrical service having a rating of not less than 60 amperes.
Section 606.1 shall be amended to be entitled "Elevators, escalators and dumbwaiters; General,"
and shall be amended to read as follows:
• Elevators, dumbwaiters and escalators shall be maintained in compliance with the Elgin
Municipal Code, 1976, as amended, and shall be maintained to sustain safely all imposed
loads, to operate properly, and to be free from physical and fire hazards. The most
current certification of inspection shall be on display at all times within the elevator or
attached to the escalator or dumbwaiter, or the certificate shall be available for public
inspection in the office of the building operator. The inspection and tests shall be
performed at not less than the periodic intervals provided for in the Elgin Municipal
Code, 1976, as amended, except where otherwise specified by the authority having
jurisdiction.
Section 701.2, shall be amended to be entitled "Fire Safety Requirements; Responsibility," and
shall be amended to read as follows:
The owner of the premises shall provide and maintain such fire safety facilities and
equipment in compliance with these requirements. A person shall not occupy any
premises or permit another person to occupy any premises that do not comply with the
requirements of this chapter.
Section 702.1 entitled "General," shall be amended to read as follows:
A safe, continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with the Elgin
• Municipal Code, 1976, as amended.
Section 702.2 entitled "Aisles," shall be amended to read as follows:
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The required width of aisles in accordance with the Elgin Municipal Code, 1976,
as amended shall be unobstructed.
Section 702.3 entitled "Locked doors," shall be amended to read as follows:
All means of egress doors shall be readily openable from the side from which egress is to
be made without the need for keys, special knowledge or effort, except where the door
hardware conforms to that permitted by the Elgin Municipal Code, 1976, as amended.
Section 702.4, entitled "Emergency escape openings," shall be amended to read as follows:
Every sleeping room located in a basement in residential and group home occupancies
shall have at least one openable window or exterior door approved for emergency egress
or rescue; or shall have access to not less than two approved independent exits.
Every basement area in residential and group home occupancies which includes a kitchen
or an area with cooking facilities shall have at least one exterior door approved for
emergency egress, or shall have access to not less than two approved independent exits.
Exception: Buildings equipped throughout with an automatic fire suppression system.
. Section 704.1 entitled "General," shall be amended to read as follows:
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or
control a fire or any combination thereof shall be maintained in an operable condition at
all times in accordance with the Elgin Municipal Code, 1976, as amended.
Section 704.2, entitled "Smoke alarms," shall be amended to read as follows:
A. DEFINITIONS.
For the purposes of this section:
"Approved smoke detector' or "detector' means a smoke detector of the ionization or
photoelectric type, which complies with all the requirements of the Rules and
Regulations of the Illinois State Fire Marshal.
"Dwelling unit" means a room or suite of rooms used for human habitation, and includes
a single family residence as well as each living unit of a multiple family residence and
each living unit in a mixed-use building.
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� D
.,Hotel" means any building or buildings maintained, advertised, or held out to the public
to be a place where lodging is offered for consideration to travelers and guests. `'Hotel"
includes inns, motels, tourist homes or courts, bed and breakfast establishments and
lodging houses.
B. INSTALLATION.
1. Every dwelling unit shall be equipped with at least one approved smoke detector in an
operating condition within 15 feet of every room used for sleeping purposes. The
detector shall be installed on the ceiling and at least 6 inches from any wall, or on a wall
located between 4 and 6 inches from the ceiling.
2. Every single family residence shall have at least one approved smoke detector installed
on every story of the dwelling unit, including basements but not including unoccupied
attics. In dwelling units with split levels, a smoke detector installed on the upper level
shall suffice for the adjacent lower level if the lower level is less than one full story
below the upper level; however, if there is an intervening door between the adjacent
levels, a smoke detector shall be installed on each level.
3. Every structure which (1) contains more than one dwelling unit, or (2) contains at least
one dwelling unit and is a mixed-use structure, shall contain at least one approved smoke
detector at the uppermost ceiling of each interior stairwell. The detector shall be installed
on the ceiling, at least 6 inches from the wall, or on a wall located between 4 and 6 inches
from the ceiling.
4. It shall be the responsibility of the owner of a structure to supply and install all
required detectors. The owner shall be responsible for making reasonable efforts to test
and maintain detectors in common stairwells and hallways. It shall be the responsibility
of a tenant to test and to provide general maintenance for the detectors within the tenant's
dwelling unit or rooming unit, and to notify the owner or the authorized agent of the
owner in writing of any deficiencies which the tenant cannot correct. The owner shall be
responsible for providing one tenant per dwelling unit with written information regarding
detector testing and maintenance.
The tenant shall be responsible for replacement of any required batteries in the smoke
detectors in the tenant's dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant takes possession of the dwelling
unit. The tenant shall provide the owner or the authorized agent of the owner with access
to the dwelling unit to correct any deficiencies in the smoke detector which have been
reported in writing to the owner or the authorized agent of the owner.
5. The requirements of this Section shall apply to any dwelling unit in existence on
July 1, 1988, beginning on that date. Except as provided in subsections 6 and 7, the
smoke detectors required in such dwelling units may be either battery powered or wired
into the structure's AC power line, and need not be interconnected.
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• 6. In the case of any dwelling unit that is newly constructed, reconstructed, or
substantially remodeled after December 31, 1987, the requirements of this Section shall
apply beginning on the first day of occupancy of the dwelling unit after such
construction, reconstruction or substantial remodeling. The smoke detectors required in
such dwelling unit shall be permanently wired into the structure's AC power line, and if
more than one detector is required to be installed within the dwelling unit, the detectors
shall be wired so that the actuation of one detector will actuate all the detectors in the
dwelling unit.
7. Every hotel shall be equipped with operational portable smoke-detecting alarm devices
for the deaf and hearing impaired of audible and visual design, available for units of
occupancy.
Specialized smoke-detectors for the deaf and hearing impaired shall be available upon
request by guests in such hotels at a rate of at least one such smoke detector per 75
occupancy units or portions thereof, not to exceed 5 such smoke detectors per hotel.
Incorporation or connection into an existing interior alarm system, so as to be capable of
being activated by the system, may be utilized in lieu of the portable alarms.
Operators of any hotel shall post conspicuously at the main desk a permanent notice, in
letters at least 3 inches in height, stating that smoke detector alarm devices for the deaf
and hearing impaired are available. The proprietor may require a refundable deposit for a
portable smoke detector not to exceed the cost of the detector.
C. TAMPERING.
Anyone tampering or interfering with the effectiveness of a smoke detector shall be in
violation of this code.
Section 704.3, entitled "Power source," shall be deleted in its entirety.
Section 704.4, entitled "Interconnection," shall be deleted in its entirety."
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 and publication in the manner provided by law.
Ed Schock, Mayor
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Presented: January 28, 2009
Passed: January 28, 2009
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: January 29, 2009
Published: January 30, 2009
Attest:
Diane Robertson, City Cle k
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