City of Lexington, IL Building Code

The provisions of this section represent changes to the International Building Code/2006 or correspond to the sections of said code which are completed, modified, deleted, and/or added as follows:

Section 105, Permits, is revised to add the following sections:

105.8 Roofing permit. A permit for roofing work done by a roofing contractor as defined in the Illinois Roofing Industry Licensing Act shall be issued by the Code Compliance Officer upon ascertaining that the contractor to do the work is duly and currently certified as a roofing contractor by the State of Illinois. See Chapter 63, Fees, of the Code of the City of Lexington for permit fees.
105.9 Issuance of permit where occupancy is prohibited. No building permit shall be issued for any building posted “No Occupancy” except in conformity with the provisions of this section.
	105.9.1 Scope of permit. A building permit for a posted building shall cover all work needed to bring the building into conformity with all relevant codes of the City without regard to whether a building permit would otherwise be required for such work.
	105.9.2 Application for permit. An application for a building permit for a posted building shall include the following information:
		1.	Sufficient plans and/or drawings showing how the building will be brought into conformity with applicable codes.
		2.	A realistic cost estimate of materials and labor needed to bring the building into compliance.
		3.	A reasonable time table for completion of work.
		4.	Evidence of financial capacity and ability to make repairs approved by the Code Compliance Officer.

Section 108, Fees, is revised to read as follows:

SECTION 108 FEES
108.1 General. The fee for permits for work regulated by any code adopted by reference into the City of Lexington Code, Chapter 23, shall be as provided in this section. The fee for a permit shall be based on the reasonable cost of the improvement, including material and labor, in accordance with the fee schedule of Section 108.2 of this section. If the Code Compliance Officer determines that the applicant's estimate of the cost of improvement is unreasonable, the permit fee shall be based on the construction contract or detailed bill of materials and cost of labor. The Code Compliance Officer’s determination of the reasonableness of the applicant’s estimate shall be appealable as provided in this code.
108.2 Fee Schedule. Fees shall be based on the estimated value of improvements as set forth in Chapter 63, Fees, of the Code of the City of Lexington.
108.3 Definitions; inclusions and exclusions. For clarity, the following definitions and guidelines are herein incorporated:
	1.	"Estimated cost" shall include all costs of labor and material given fair market value. A contractor-owner contract letter of acceptance, certified architect-engineer estimate or accepted bid, or equivalent shall be acceptable as estimated cost adjusted only as allowed by other provisions of this section.
	2.	For the purposes of clarification, the following cost are included in the estimated cost:
		a.	Excavation work for foundations and subgrade structures.
		b.	Rough grading for drainage.
		c.	Dustproofing of parking lots/spaces, including drainage; paving of parking lots.
		d.	Work required by zoning, rezoning, or annexation conditions under the Building Division's supervisory jurisdiction.
		e.	Required screening and/or landscaping.
		f.	All mechanical work cost, including electrical, heating, ventilation, air conditioning, plumbing, elevator, energy conservation, and the like.
		g.	Structural support for freestanding signs.
	3.	Allowed exclusions from the estimated cost for fee consideration are the cost of the following:
		a.	Painting.
		b.	Nonstructural embellishments.
		c.	Cabinetry or shelving not affecting existing or fire rating requirements.
		d.	Fixtures not regulated by this code and intended only for aesthetic purposes.
		e.	Landscaping not required by statute or any applicable code or other law.
	4.	The estimated cost for permit and fee consideration of temporary buildings/structures shall be the labor cost of assembling, disassembling, and disposal or moving without affecting regular street traffic.
108.4 Fee surcharge. Any work undertaken without a permit shall be subject to a surcharge as set forth in Chapter 63, Fees, upon issuance of a valid permit. This shall be construed as a supplemental penalty accruing regardless of any imposition provided for by this code.
108.5 Sign permits and fees. Application for permit shall be filed with the Code Compliance Officer, together with a permit fee which shall be based on the reasonable cost of the sign and supporting structure, which includes cost of material and labor in accordance Chapter 63, Fees.
108.6 Mechanical works fees (electrical, HVAC, etc.). See Ch. 63, Fees.
108.7 Power boiler inspection fee. The Code Compliance Officer shall waive all fees and requirements for inspections.
108.8 Crematory/Incinerator inspection fees. The fee for an annual crematory/incinerator inspection shall be as set forth in Chapter 63, Fees.
108.9 Elevator permits, certificates and fees. The Code Compliance Officer shall waive all permit fees.
108.10 Electrical permit fee. Beginning on the date of adoption of this chapter, for all electrical work in new construction, a permit shall be required and a fee shall be charged as set forth hereafter. Further, installation of new electric service (defined to be new meter base and/or circuit panel) to an existing structure shall also require a permit, and a fee shall be charged as set forth hereafter. Beginning January 1, 2010, the Code Compliance Officer can no longer be permitted to waive any permits or fees for any new electrical work done on existing structures. The fee for electrical work for new structures being constructed shall be considered included with the building permit fee set forth in Chapter 63, Fees. The fee for electrical work on existing structures shall be calculated in accordance with the fee schedule set forth in Chapter 63, Fees.
108.11 Plumbing permit fee. The Code Compliance Officer shall waive all permits and fees.
108.12 Reinspection fee. If a contractor/owner/agent notifies the City that a project is ready for final inspection and, upon inspection, the City finds the project not completed, then the City will charge a fee as set forth in Chapter 63, Fees, for each reinspection required. The fee shall be paid prior to reinspection.
108.13 Accounting. The Office Manager shall keep an accurate account of all fees collected; and such collected fees shall be deposited regularly in the jurisdiction’s treasury or otherwise as required by law.
108.14 Refunds. In the case of a revocation of a permit or abandonment or discontinuance of a work project, no fees shall be subject to a refund. Where a refund is otherwise justified and approved by the Code Compliance Officer, the same will be permitted, less a service fee as set forth in Chapter 63, Fees.
108.15 Special fees. The payment of the fee for construction, alteration, removal or demolition, and for all work done in connection with or concurrently with the work contemplated by a building permit, shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for water taps, sewer connections, and the like, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the Building Division.

The following sections of Section 110, Certificate of Occupancy, are revised as follows:

110.1 New buildings. No person shall use or occupy or permit use or occupancy, in whole or in part, of any building hereinafter erected until a certificate of use or occupancy shall have been issued by the Code Compliance Officer.
110.3 Temporary occupancy. Temporary use or occupancy may be granted by the Code Compliance Officer for a maximum duration of one month from the certificate's date of issuance. The same may be extended monthly only by the approval of the City Administrator (Mayor), for a maximum of three extensions, subject to a favorable safety inspection by the Code Compliance Officer.
110.5 Building hereafter altered. No person shall use or occupy or permit the use in whole or in part of:
	1.	Any building hereafter enlarged, extended, or altered to change from one use group to another; or
	2.	Any building hereafter altered for which a certificate of occupancy has not been heretofore issued, until a certificate of use or occupancy shall have been issued by the Code Compliance Officer, certifying that the work has been completed in accordance with the provisions of the approved permit; except that any use or occupancy which was not discontinued during the work or alteration shall be discontinued within 30 days after completion of the alteration unless the required certificate is secured from the Code Compliance Officer.

Section 112 is revised as follows:

	SECTION 112 BOARD OF APPEALS
	112.1 Application for appeal. Any person may appeal to the Construction Board of Appeals from a decision of the Code Compliance Officer refusing to grant a modification to the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure. Application for appeal may be made when it is claimed that the true intent of this code or the provisions of this code do not fully apply or an equally good or better form of construction can be used.
	112.2 Fee for appeals. Any petition for a variance/interpretation from the Construction Board of Appeals shall be filed with the Building Division, accompanied by a fee as set forth in Chapter 63, Fees, payable to the city of Lexington.
	112.3 Membership of Board. The Construction Board of Appeals shall consist of the Mayor, all City Council members, and one additional person to be appointed by the Mayor and approved by the City Council. The additional member shall be a resident of Lexington and, to the greatest extent possible, shall have experience, background, education and training in the building and construction trades, engineering or architectural professions, or other related professional or work areas.
		112.3.1 Termination of term. The term of each additional member (non-City Council or Mayor members) of the Construction Board of Appeals shall end on January 1 of the member's fifth year.
		112.3.2 Alternate members. The Mayor shall appoint two alternate members, who shall be called by the Construction Board of Appeals Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required of the "additional member" as described within Section 112.3 above.
		112.3.3 Chairman. The Mayor shall serve as Chairman of the Construction Board of Appeals. In the absence of the Mayor, the Board shall elect a Presiding Chairman for the purposes of conducting any meeting or hearing convened by the Board.
		112.3.4 Secretary. The Chairman of the Construction Board of Appeals shall designate a qualified individual to serve as secretary for the Board. The Secretary shall file a detailed record of all proceedings in the office of the City Clerk.
	112.7 Disqualification of member. A member of the Construction Board of Appeals shall not hear an appeal in which that person has any personal, professional or financial interest.
	112.8 Compensation. Members of the Construction Board of Appeals shall serve without compensation.
	112.9 Procedure. The Construction Board of Appeals is authorized to enact rules of procedure governing its proceedings, consistent with this code.
	112.10 Quorum. Six members of the Construction Board of Appeals shall constitute a quorum for the purpose of doing business.
	112.11 Action of Board. The Board shall modify or reverse the decision of the Code Compliance Officer by majority vote of those present at a duly convened meeting at which a quorum was present at the time the vote was taken and at all times previous during the course of any hearing or deliberation on an appeal.

Section 113.4 is revised as follows:

113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, add to, or repair a building or structure in violation of an approved plan or directive of the Code Compliance Officer, or of a permit or certificate under the provisions of this code, shall be guilty of an ordinance violation and shall be subject to penalty as provided in an amount not to exceed $750. Each day the violation continues shall be deemed a separate offense.

Section 114.3 is revised as follows:

114.3 Unlawful continuance. Any person who shall continue any work in or about the building after having been served with a stop-work order, except such work as he, she or it is directed to perform or remove a violation or unsafe condition(s), shall be subject to penalty as provided in Section 113.4. Each day the violation continues shall be deemed a separate offense.

Section 116, Demolition, is added as follows:

SECTION 116 DEMOLITION
116.1 Fees and permits. The fee for a demolition permit shall be based on the estimated cost of demolition per building/structure, including work on filling, grading, cleaning or safeguarding of the site. A permit shall be issued only after clearance from all utility companies having services that will be or could be affected has been obtained. Fees as set forth in Chapter 63, Fees, of the Code of the City of Lexington shall apply for each building/structure to be demolished.
116.2 Demolition bond.
	116.2.1 Requirement. Before any permit required by this code is issued granting authority to demolish or remove a building or structure, the person engaged in the work of demolishing or removing the same shall file with the City Clerk a copy of a performance bond with a surety company as surety naming the person for whom work is done as obligee to guarantee faithful performance of the terms and conditions of the permit and all applicable federal, state or local regulations and to correct or complete a demolition or removal operation when the demolition contractor or contractor undertaking the removal fails or is unable to do the same upon written notice from the City. Such bond may be written for one or more demolition or removal projects and shall be in an amount of not less than 100% of the amount of the demolition or structure removal contract.
	116.2.2 Permit. No permit shall be issued for any demolition or structure removal work until such bond is filed. Upon the filing of such bond and certificate of insurance, as provided herein, the person engaged in the work of demolishing or removing such building(s) and other structures may obtain permits for such demolition or removal operations as are authorized under the bond; provided, however, that in case of an accident or casualty in the progress of any demolition or removal operation carried on under any permit so issued or the happening of any circumstance which might, in the opinion of the Code Compliance Officer, render such bond inadequate, the Code Compliance Officer may, in his or her discretion, require such additional bond as he or she may deem necessary to fully insure satisfactory completion of the project before he or she allows the work to proceed or before any additional permit(s) is issued by him or her. In lieu of a bond required under this subsection, a certified or cashiers check in the amount of the bond payable to the City of Lexington shall be deposited with the City at the time of application for the demolition or structure removal permit. The amount of said check not required for satisfactory completion of the project shall be refunded to the applicant upon completion.
	116.2.3 Waiver. The foregoing requirement for bond may be waived at the discretion of the Code Compliance Officer when:
	1.	The estimated cost of demolition or removal of a structure, including removal of the debris and clearing the site, is less than $500;
	2.	No extra hazardous conditions exist; and
	3.	The demolition or structure removal permit is being sought by the owner of the structure serving as the contractor for the project.

Section 117, Insurance, is added as follows:

SECTION 117 INSURANCE
117.1 Requirement. Before any permit required by this code is issued granting authority to demolish or remove a building or structure, the person engaged in the work of demolition or removal of such building shall file with the Code Compliance Officer a certificate of liability insurance with the City of Lexington as a named insured showing coverage of not less than the following amounts:
	Bodily injury:
		Each occurrence	$500,000
		Each person	$500,000
	Property damage:
		Each occurrence	$100,000
		Aggregate	$100,000
Where any structure to be demolished or removed exceeds three stories in height, the Code Compliance Officer may, in his or her discretion, require additional insurance in an amount not to exceed double the amounts shown herein.
117.2 Waiver. The foregoing insurance requirement may be waived at the discretion of the Code Compliance Officer when:
	1.	The estimated cost of demolition of a structure, including removal of the debris and clearing the site, is less than $500;
	2.	No extra hazardous conditions exist; and
	3.	The demolition or structure removal permit is being sought by the owner of the structure.

Section 118, Moving of Buildings, is added as follows:

SECTION 118

MOVING OF BUILDINGS

118.1 General. A permit to move a building or structure shall be issued by the Code Compliance Officer only after clearance is obtained from the City. Issuance of a moving permit does not relieve the permittee from any obligation of complying with all other applicable codes of the City. The moving permit shall not be construed as a building permit. The moving permit fee shall be calculated based on the estimated cost of moving, including loading and/or unloading within the City limits. If unloading is related to a building permit, the same shall be excluded from the estimated moving cost. The fee to be charged for such permit shall be as set forth in Chapter 63, Fees, of the Code of the City of Lexington.

Section 1203.4.1, Ventilation area required, Subsection 1203.4.1.1, Adjoining spaces, are revised to add the following at the end thereof: "Bedroom windows can be replaced with windows (openings) or glazing of the same size. However, no bedroom window (opening) or glazing can be made smaller or reduced below the minimum required egress size, in accordance with this code [it being the intention of the City of Lexington that no bedroom or sleeping room window (opening) or glazing shall be compelled by compliance with this code to be made larger than the current window (opening) or glazing when the same is being replaced, although the property owner may make the same larger if he so desires)]."

Section 1603.1 is revised as follows:

	1603.1.3 Roof snow load. The basic ground snow load to be assumed in the design of buildings or structures shall be 30 pounds per square foot.
	1603.1.4 Wind loads. All exposed structures or parts of structures shall be designed to resist the pressures due to wind in any direction. The basic minimum wind speed for the design of structures shall be based on location of the structure determined by 80 m.p.h. wind factor.
	1603.1.9 Frostline. All foundations that may be affected by freezing shall be built at least 40 inches below the adjacent grade for frost protection.

Chapter 29, Plumbing Systems, is deleted and replaced with the following:

	CHAPTER 29 PLUMBING SYSTEMS
	SECTION 2901 GENERAL
	2901.1 Standards. The design and installation of plumbing systems, including sanitary and storm drainage, sanitary facilities, water supplies and stormwater and sewage disposal in buildings, shall comply with the requirements of this code, accepted engineering practice as defined in the Illinois State Plumbing Code, and with the requirements of the Illinois State Plumbing Code.[1] Plumbing work in the City of Lexington must be done by a state-licensed plumber.

[1]

Editor's Note: See 77 Ill. Admin. Code 890.

Section 3107 is revised as follows:

SECTION 3107

SIGNS

3107.1 General; insurance requirements. Signs shall be designed, constructed and maintained in accordance with this code. No person shall erect, install, remove or rehang or maintain over any public place any sign for which a permit is required under the provisions of this code until an approved bond shall have been filed in the sum of $5,000 as herein required or until an insurance policy shall have been filed for public liability in the sum of $100,000 per accident and for property damage in the sum of $50,000 as herein required.