[Amended 2-23-2009 by Ord. No. 09-02]
There is hereby created the position of Building Inspector who
shall be appointed by the Mayor by and with the advice and consent
of the Board of Trustees.
It shall be the duty of the Building Inspector to see to the
enforcement of all ordinance provisions relating to building and to
inspect all buildings or structures being erected or altered, as frequently
as may be necessary to insure compliance with the Village ordinances.
The Building Inspector shall act as ex officio electrical inspector
and shall have all the powers and perform all the duties connected
with the office.
The Building Inspector shall have the power to order all work
stopped on construction or alteration or repair of buildings in the
Village when such work is being done in violation of any provision
of any ordinance relating thereof, or in violation of the Zoning Ordinance.[1] Work shall not be resumed after the issuance of such an
order except on the written permission of the Inspector, provided
that if the stop order is an oral one, it shall be followed by a written
stop order within one hour. Such written stop order may be served
by any marshal.
Reports of all inspections shall be in writing and are the property
of the Village of Harristown. The Building Official is required to
maintain all records of inspections, placing completed building permit
documents into a file in the Village office. (Also see Section R104.7
of IRC 2006.)
The Building Inspector shall have the power to make or cause
to be made an entry into any building or premises where the work of
altering, repairing or constructing any building or structure is going
on for the purpose of making inspections at any reasonable hour.
[Ord. No. 96-6, 9-23-1996; Ord. No. 07-07, 6-25-2007; amended 2-23-2009 by Ord. No. 09-03]
This article shall have, along with the code adopted hereby,
the scope and applicability set out in said code, except as modified
by the provisions of this article.
[Amended 5-23-2011 by Ord. No. 11-03]
(A)
The
same having been duly placed and remained on file as required by law
and subject to the additions, modifications, changes or deletions
set out in this chapter, the International Building Code® and
the International Property Maintenance Code® of 2003, the International
Residential Code for One and Two Family Dwellings 2006, and the Illinois
Plumbing Code, the same being found and declared by the Village to
be regulations as defined by applicable statute, are hereby adopted
by reference and the same to be known, and which may be cited, as
the "Building Code" of the Village, and which have the scope and applicability
as therein set forth, except as modified by the provisions of this
article.
(B)
The
same having been duly placed and remained on file as required by law
and subject to the additions, modifications, changes or deletions
set out in this chapter, National Electrical Code, 2011 edition, as
published by the National Electric Code Committee and their successors,
the same being found and declared by the Village to be regulations
as defined by applicable statute, are hereby adopted by reference
and the same to be known, and which may be cited, as the "Electric
Code" of the Village, and which have the scope and applicability as
therein set forth, excepted as modified by the provisions of this
chapter.
Whenever in said Code the words, "name of the jurisdiction"
or "jurisdiction" appear in brackets, said Code is modified by removal
of said brackets and substitution of the words "the Village of Harristown,
Illinois," in lieu of the words contained therein, and said Code shall
be taken and construed as if such were expressly so set out therein.
Whenever in said Code reference is made to the "Code Official,"
such shall be taken to mean and shall be construed to refer to the
Building Inspector or his designee as fully as if said designation
was set out therein in lieu of such words, and whenever reference
is therein made to the "Department of Building Inspections" or similar
reference, such shall be taken to mean and shall be construed to refer
to the Village Board of Trustees as fully as if said designation was
set out therein in lieu of such words.
Whenever in said Code reference is made to the "Board of Appeals,"
such shall be taken to mean and shall be construed to refer to the
Village Board of Trustees (to which appeals of orders, decisions or
determinations of the Supervisor may be taken).
The following numbered articles or sections of said Code are
deleted therefrom, and the provisions thereof are not adopted hereby.
The following numbered sections in said International Building
Code 2003 are hereby modified and amended as herein indicated:
(A)
Section 3303.4 by adding: "All underground tanks on the site shall
be removed and all wells, cisterns, septic tanks and similar structures
broken open and, along with all excavations, filled to within six
inches of the proposed ground surface to eliminate voids. The top
six inches shall be filled with a compacted, clean topsoil material,
unless the lot is to be paved. Foundation walls shall be removed to
at least two feet below the proposed ground surface. Subsurface floors
to be left in place shall be broken up to allow drainage. All excavations
shall be filled to meet adjacent, undisturbed grade elevations."
(B)
Section 312.1 by inserting the words "residential accessory structures"
between the words "carports" and "sheds."
(C)
Section 1805.2.1 by substituting the phrase "a depth of 36 inches
or more below final grade" for the phrase "the frost line of the locality."
(D)
Section 3410.2 by inserting the date "January 1, 1970" behind the
words "prior to" and before "in which."
(E)
Chapter 27 by substituting the designation "National Electrical Code 2005" as amended in lieu of the designation "ICC Electrical Code" each time it appears.
(F)
Chapter 29 by substituting the designation "Illinois Plumbing Code"
as amended in lieu of the designation "International Plumbing Code"
each time it appears.
Applications shall be made to the Clerk in the Village office
during working hours. The applicant must provide a scale drawing of
the work to be done showing the location of all structures on the
lot. Permit approval is subject to an inspection of the premises to
verify setback and zoning compliance and to ensure the natural waterways
are not disrupted. (Also see IRC Sections R105.3, R106.1 and R106.2.)
(A)
The amount of the fee required to accompany the application for a
permit and to be paid to the Village Treasurer shall be determined
by the Building Official as follows: $0.15 per square foot on any
improvements; $100 minimum.
[Amended 9-24-2012 by Ord. No. 12-05]
(B)
However, the amount of the fee required to accompany the application
for a permit and to be paid to the Village Treasurer for work to be
done in an area 150 square feet or less for construction of a shed
with a foundation, carport or deck with a roof is $35. A deck more
than 150 square feet with a roof shall be assessed $0.15 per square
foot; $100 minimum fee. Decks of any size without a roof shall be
assessed a fee of $35. There is no building permit fee for portable
sheds having no foundation.
[Amended 9-24-2012 by Ord. No. 12-05; 5-22-2023 by Ord. No. 23-12]
(C)
The amount of the fee required to accompany the application for a
permit and to be paid to the Village Treasurer for the following shall
be determined by the Building Official as follows:
[Amended 9-24-2012 by Ord. No. 12-05; 3-28-2022 by Ord. No. 22-02]
|
Application
|
Fee
|
|---|---|
|
Demolition permit
|
$45
|
|
Electrical permit
|
$90
|
|
Plumbing permit
|
$90
|
|
Mechanical permit
|
$90
|
|
Reinspection fee
|
$50
|
|
Signs/billboards
|
$75
|
(D)
Permits expire one year from the issue date.
Should any work for which a permit is required be commenced
or be done before such permit is issued and obtained, the required
permit may nonetheless be issued for such and subsequent work; however,
the amount of the required fee as provided herein for all work, both
that commenced before and that proposed to be done after said permit
issued shall be double that otherwise so provided, and issuance of
such permit shall not, and shall not be construed to be, an excuse
from or waiver of or defense to or absolution from any penalty, liability
or action otherwise provided for in said Code or this article but
shall be cumulative of and in addition thereto.
Notwithstanding any other provision of this article or any other
ordinance of the Village, whenever site improvements are shown or
required to be shown on plans upon which a building permit is, or
building permits are, to be issued, the applicant for such permit,
before the same is issued, may be required to furnish to the Village,
to be filed with the Clerk, a bond with penalty in an amount approved
by the Village Board to be sufficient to pay the costs of such improvements
in the event of default, and in form and with security approved by
the Village Board and conditioned upon the furnishing, installation
and construction of said site improvements in compliance with said
plans and with applicable ordinances, rules, regulations and standards
within a reasonable period to be determined by said Village Board
not to exceed two years from the date of such bond, provided that
successive bonds for additional periods may be authorized by the Village
Board upon reasonable request; and provided, further, that in the
event such permit or such permits are issued without such bond being
so furnished, and without regard to the progress, stage or extent
of performance of work or completion thereunder, such permit or permits
may be revoked and all work thereunder stopped until such bond is
so furnished, approved and filed; and provided, further, that no such
bond shall be required hereunder for improvements, the furnishing,
installation or construction of which are a part of the condition
of a bond furnished pursuant to the requirements of the provision
of an ordinance other than this Code, or the permit or permits are
for the construction of a single- or two-family dwelling being built
separately and not as a part of the development of a group of such
dwellings.
The Mayor is hereby authorized to promulgate and enforce by administrative order rules and regulations for the administration of the provisions of Section 6-2-12 of this article, which rules shall include provisions by which it may be determined when such bonds shall or shall not be required considering the cost, type and extent of improvements to be required, the cost, type and character of the development or improvements for which the permit or permits may be required, and such other reasonable objective considerations as may be necessary or desirable to administer said provisions to carry out the intention and purpose of the same. Any person affected by the application and enforcement of such rules may request review by the Board within 10 days from the date of any decision thereunder, filing such request in writing with the Village Clerk specifying the decision sought to be reviewed.
Whenever application for a permit indicates that a part of a
public way or other property of the Village will be used for storage
of material or be closed or otherwise used appurtenant to the work
to be done under such permit, or application is made for a permit
to move a building or structure, or application is made for a permit
to demolish a building or structure other than one not exceeding 20
feet in height above grade and with a minimum separation from the
nearest other existing structure of five feet and the nearest property
line of a public way of not less than 10 feet, if by reason of the
size, condition or location thereof, it appears to the Building Official
there will exist the possibility or risk of injury to persons or property,
such Official may withhold such permit unless there is on file with
the Village Clerk an enforceable contract of insurance, with the person
or the entity that is to perform the work and the Village as named
insured, affording coverage for each occurrence of personal injury
of not less than $500,000 and for property damage of not less than
$100,000 and expressly provided that the same remain in effect for
the term thereof absent written notice of cancellation received by
said Clerk, in which event said permit shall automatically terminate
to the same extent as if the same had been physically withdrawn and
canceled.
Any person or entity that erects, constructs, alters, repairs,
removes or demolishes a building or structure without a permit required
by said Code or this article, or in departure from or not in compliance
with an approved plan, or that uses or occupies a building or structure
or part thereof contrary to the provisions of this Code or without
a required permit, whether or not notice is received that such is
a violation, or that continues work after a stop-work order has been
issued, served or posted, or that removes such a posted order, or
that procures or causes another to do or to omit, as the case may
be, any of the foregoing, or that having been given notice thereof
otherwise violates or fails to comply with the provisions of said
Code or this article shall, upon conviction of any such offense, be
fined no less than $50 nor more than $500 for each offense, and each
day upon which a violation occurs or is allowed to continue, or a
condition is not brought into compliance after notice, shall be viewed
and may be prosecuted as a separate and distinct offense.
The penalties provided herein are and shall be cumulative of
and in addition to any other remedy, or remedies, provided for in
said Code or this article.
(A)
A reinspection fee of $50 shall be assessed against the applicant
for a construction permit, or in the case of a combined permit against
the licensed subcontractor, who has requested an inspection which
cannot be completed and/or approved by the Inspection Division for
any of the following reasons:
[Amended 8-22-2011 by Ord. No. 11-06]
(1)
The work for which the inspection has been requested is not
installed or completed to the extent that an inspection can be made;
(2)
The inspection reveals that there are violations which should
have been found corrected by workers while simply checking their work
before calling for an inspection;
(3)
The work for which the inspection has been requested has been
covered upon or hidden from view so that an inspection cannot be made;
(4)
The inspector is unable to gain entry at the time requested
by the contractor; or
(5)
When previously noted violations have not been corrected.
(B)
Fees assessed as herein provided may be appealed to the Village Board
by filing a notice of such appeal with the Village Clerk within 14
days of the mailing of notice of such assessment. An appeal shall
stay the due date for payment until the date of the final order of
the Board.
(C)
Such fees shall be assessed by mailing notice of the same to the
owner or other person by certified mail, return receipt requested.
Payment thereof shall be due 14 days after mailing of such notice,
which notice must contain a statement of the right of the owner or
other person to appeal the same to the Board and the time limitation
thereon.
(D)
In any judicial proceeding brought by the Village to collect fees
which have not been paid as required by the provisions hereof, failure
to receive notice of the assessment of such fee may be a defense thereto,
but only if such notice was not sent to the proper mailing address
of the defendant or was received thereat by someone other than a person
upon whom substituted service may be made pursuant to the Illinois
Code of Civil Procedure.
(E)
Any fee or fees assessed as herein provided, and any judgment entered
for same, shall be in addition to any fine imposed by the Circuit
Court under section of this article.
(A)
Building permits may be withheld from permit applicants, or in the case of combined permits, from the licensed subcontractor, who is in violation of Section 6-2-14 of the Code at a location other than that for which a permit is being sought. Such violation may include, but shall not be limited to the following:
(1)
Failure to arrange for inspections required under this Building
Code.
(2)
Failure to take reasonable requested action to uncover work
which requires inspection but has been hidden from view of the inspector.
(3)
Failure to pay required permit or reinspection fees.
(4)
Failure to obtain a building permit for work which required
a building permit.
(5)
Failure to take reasonable action to notify and obtain approval
from the Division of changes made to approved building permits.
(6)
Falsifying information on building permit applications.
(7)
Performance of building permit work under an invalid or voided
building permit.
(8)
Failure to obtain a required certificate of occupancy before
occupying or allowing occupancy of new construction or change in use.
(B)
Permit applications from which permits are to be withheld must be
notified by mailing notice of same to the permit applicant or licensed
subcontractor by certified mail, return receipt requested. Said notice
shall inform the permit applicant or licensed subcontractor of the
violations, which if corrected, will allow the Village to issue to
the permit applicant or licensed subcontractor additional permits.
Corrections shall be made within 14 days after mailing of such notice,
which notice must contain a statement of the right of the permit applicant
or a licensed subcontractor to appeal the same to the Village Board
and the time limitation thereon.
(C)
The withholding of permits as herein provided may be appealed to
the Village Board by filing a notice of such appeal with the Village
Clerk within 14 days of the mailing of notice of such withholding.
An appeal shall stay the due date for corrections required until the
date of the final order of the Board.
The provisions hereof are and shall be construed to be severable,
and invalidity of any section or provision of this article or the
codes and standards hereby adopted shall not invalidate other sections
or provisions hereof (65 ILCS 5/1-2-4).
