[Amended by Ord. No. 1985-107; Ord. No. 1992-69; Ord. No. 1993-79; Ord. No. 1998-51; Ord. No. 2000-41; Ord. No. 2003-54; Ord. No. 2004-62; Ord. No. 2007-27; Ord. No. 2011-48; Ord. No. 2014-07; Ord. No. 2017-96; Ord. No. 2018-89; 8-10-2020 by Ord. No. 2020-53; 10-12-2020 by Ord. No. 2020-67]
The numbered subsections of this section correspond to sections of the International Building Code - 2018 or correspond to the Sections of said Code which are added to, completed, modified, amended or deleted as shown in the Sections herein.
SEC. 101.1 TITLE.
These regulations shall be known as the Building Code of the City of Bloomington, hereinafter referred to as "this Code."
SEC. 103.1 CREATION OF ENFORCEMENT AGENCY.
The Department of Economic & Community Development of the City of Bloomington (referred to herein as the "Department of Building Safety") is hereby created and the executive official in charge thereof shall be known as the Code Official and/or Building Official.
SEC. 105.8 ISSUANCE OF PERMIT - OCCUPANCY PROHIBITED STRUCTURE.
No building permit shall be issued for any building which the City of Bloomington Economic & Community Development Department has posted "No Occupancy" (hereafter referred to as "posted building") except in conformity with the provisions of this section.
(a)
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 of Bloomington without regard to whether a building permit would otherwise be requested for such work.
(b)
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 material needed to bring the building into compliance with applicable Codes and a cost estimate from a licensed contractor if the contractor is to perform the work;
(3)
A reasonable timetable for completion of repairs;
(4)
Evidence of financial capacity and ability to make repairs approved by the Economic & Community Development Department.
(c)
Processing Application. The Building Safety Division shall issue a building permit for the posted house/structure if, but only if, it has determined:
(1)
The plans and drawings show repairs which, if made, would bring the building into compliance with applicable Codes;
(2)
The Economic & Community Development Department has determined that:
(a)
Cost estimates reasonably reflect the likely cost of materials and labor necessary to bring the building into compliance with applicable Codes; and
(b)
The applicant has purchased or has immediate access to sufficient funds to pay for necessary materials and labor; and
(c)
If the applicant intends to make the repairs himself, he possesses the necessary skills to complete the job in conformity with applicable Codes; and
(d)
The timetable presented for completion of repairs is reasonable.
SEC. 105.9 REPAIR OR DEMOLISH LITIGATION - MORATORIUM ON PERMITS.
Whenever the City of Bloomington has issued fifteen-day notices to repair or demolish pursuant to Section 11-31-1 et seq. of the Illinois Municipal Code with respect to any property, the Building Safety Division may issue any building permit for work on any such property. In any case where the Economic & Community Development Department has issued a building permit for work on such property, the Director or his designee shall inspect the progress of work done under the permit and if the work has not proceeded on schedule, the Director or his designee shall suspend the building permit and order all work on the property under the permit stopped. Permits suspended or not issued under this section shall not be issued until the Economic & Community Development Department removes the property from its list of buildings to be repaired or demolished, or as may be provided in an order of Court.
SEC. 105.10 DEMOLITION PERMITS.
SEC. 105.10.1 PURPOSE AND SCOPE.
The City Council finds that prolonged demolition operations can be unsafe, unsightly and can have a deleterious effect on surrounding areas and neighborhoods. The Council therefore finds that it is in the public interest that ordinances be enacted providing for demolitions to be accomplished in a safe and expeditious manner. To accomplish this goal, the City Council finds it is necessary to require demolition permits establishing timelines for completion of demolition operations and remedies in the event deadlines are not met.
SEC. 105.10.2 DEMOLITION PERMIT REQUIRED.
A demolition permit shall be required before any person proceeds with any of the following work:
(a)
Demolition or removal of 50% or more of the floor area of any building (or buildings on the same lot); or
(b)
Demolition or removal of 50% or more of the structural elements or the walls or facade of a building (or buildings on the same lot).
SEC. 105.10.3 APPLICATION FOR PERMIT; SCHEDULE FOR DEMOLITION REQUIRED.
(1)
Every application for a demolition permit shall contain a proposed schedule for demolition indicating, at a minimum, the date upon which demolition activities will commence and a date by which the demolition will be completed. Said schedule shall be reviewed by the Director of Economic & Community Development, who may approve, reject or propose modifications thereto. The Director's determination shall be in writing and, in the event the schedule is rejected or modifications are proposed, shall state the reasons for the determination. No permit for demolition shall issue without containing a schedule for demolition approved by the Director of Economic & Community Development and the signature of the demolition contractor or an authorized representative agreeing to perform the demolition in accordance with the dates stated in the schedule.
(2)
In determining an appropriate schedule for demolition, the following factors shall be considered:
(a)
The composition and size of the structure or structures to be demolished;
(b)
The location of the demolition site;
(c)
The presence of site contaminants, such as asbestos, lead-based paint or stored underground fuel;
(d)
Environmental considerations involved in the demolition or disposal of wastes therefrom, including efforts made to recycle materials;
(e)
The effect demolition, or an extended period of demolition, will have on the surrounding area.
(3)
Extension of time. For good cause shown, and with consideration of the factors specified in Paragraph 2 of this section, the Director of Economic & Community Development may extend the demolition permit. All permit extensions shall be in writing, shall state the reason or reasons for the extension, shall specify a date by which the demolition will be completed and the permit will expire, and shall bear the signatures of the Director of Economic & Community Development and the demolition contractor or an authorized representative thereof.
SEC. 105.10.4 DEMOLITION WORK BOND.
(1)
Requirement. Before any permit required by this article is issued granting authority to demolish a building or structure, the demolition contractor or the owner of the property shall file with the Department of Economic & Community Development a copy of a performance bond or an irrevocable letter of credit naming the City of Bloomington as obligee, guaranteeing faithful and timely performance of the terms and conditions of the permit, as well as compliance with all applicable federal, state and local laws and providing for the paying of the amount of said bond or irrevocable letter of credit to the City of Bloomington in the event the demolition is not completed within the time specified in the demolition permit, or any extension of said permit allowed by the Director of Economic & Community Development. Such bond or irrevocable letter of credit shall be in an amount of not less than 100% of the amount of the demolition contract.
(2)
Permit. No permit shall be issued for any demolition work until such bond or irrevocable letter of credit is filed. Upon the filing of such bond or irrevocable letter of credit and certificate of insurance, as provided in Section 110.5 of this chapter, the person engaged in the work of demolition of such buildings and other structures shall obtain permits for such demolition operations as are authorized under the bond or irrevocable letter of credit. In case of an accident or casualty in the progress of any demolition operations carried on under any permit issued or the happening of any circumstances which might, in the opinion of the Director of Economic & Community Development, render such bond or irrevocable letter of credit inadequate, the Director may in his discretion require such additional bond or irrevocable letter of credit as he may deem necessary to fully insure satisfactory completion of the project before he allows the work to proceed or before any additional permits are issued by him.
(3)
Waiver. The foregoing requirement of bond may be waived at the discretion of the Code Official/Building Official where:
(a)
The estimated cost of demolition of a structure, including removal of the debris and clearing the site, is less than $25,000;
(b)
No extra hazardous conditions exist; and
(c)
The demolition permit is being sought by the owner of the structure.
(4)
Certified or cashier's check. In lieu of the a bond or irrevocable letter of credit required under this section, a certified or cashier's check in the amount of the required bond or irrevocable letter of credit payable to the City of Bloomington may be deposited with the City at the time of application for the demolition permit. Such amount of said check as is not required for satisfactory completion of the project will be refunded to the applicant upon completion.
SEC. 105.10.5 UNFINISHED DEMOLITION; PENALTIES.
(1)
Whenever the Director of Economic & Community Development determines that a demolition remains incomplete following expiration of a demolition permit, or any extension thereof, he shall send notice by first class mail to the demolition contractor, the owner of the property and any surety for the performance of the demolition that said permit has expired and that the demolition is incomplete. Said notice shall briefly describe the parts of the demolition that remain unfinished and shall give the contractor and the owner of the property 21 days from the date of the notice to complete the demolition, including all site cleanup. The notice shall further advise that if the demolition remains unfinished 21 days after the date of said notice, the City of Bloomington shall declare a failure of performance and shall seek funds from any surety holding a performance or irrevocable letter of credit.
(2)
If the demolition remains uncompleted after 21 days from the date of the notice required in Paragraph 1 of this section, the contractor and/or property owner may be fined in the amount of no less than $250 and no greater than $1,000 for each day the demolition remains unfinished. After expiration of the period stated in said notice, the Director of Economic & Community Development shall declare a failure of performance and shall seek funds from any surety holding a performance or irrevocable letter of credit necessary to complete the demolition project. The Legal Department shall file an action in Circuit Court seeking an Order requiring the owner of the property to complete demolition or allowing the City to complete demolition and place a lien upon the premises for the costs of said demolition as provided by law, in the event said costs exceed those provided by any surety or a performance bond or irrevocable letter of credit.
SEC. 105.11 INSURANCE.
(a)
Requirement. Before any permit required by this article is issued granting authority to demolish a building or structure, the person engaged in the work of demolishing the same shall file with the Director of Economic & Community Development a certificate of liability insurance with the City of Bloomington as a named insured showing coverage is 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 exceeds three stories in height, the Code Official/Building Official may, in his discretion, require additional insurance in an amount not to exceed double the amounts shown herein.
(b)
Waiver. The foregoing insurance requirement may be waived at the discretion of the Code Official/Building Official where:
(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 permit is being sought by the owner of the structure.
SEC. 109.5 RELATED FEES.
The payment of the fee for the construction, alteration, removal or demolition and for all work done in connection with or concurrently with the work contemplated or authorized 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, electrical permits, HVAC permits, plumbing permits, erection of signs and display structures, marquees or other appurtenant structures or fees of inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the Department of Economic & Community Development; including, but not limited to, sewer connection charges imposed pursuant to Ordinance Nos. 547 and 548 of the Bloomington/Normal Water Reclamation District.
SEC. 109.6 REFUNDS.
In the case of a revocation of a permit or abandonment or discontinuance of a work project, no fees shall be subject for refund.
SEC. 109.7 FEE SCHEDULES.
(a)
General. The fee for permits for work regulated by any Code adopted by reference into Bloomington City Code Chapter 10 shall be set forth in the Schedule of Fees. The fee for a permit shall be based on the reasonable cost/value of the improvement, including material and labor. If the Code Official/Building Official determines that the applicant's estimate of the cost of the improvement is unreasonable, the permit fee shall be established according to the provisions of Subsection (c) of this section. One and Two-family dwellings shall be calculated per Subsection (d) of this section. The Code Official's/Building Official's determination of reasonability of the applicant's estimate shall be appealable as provided in Sections 121.1 and 121.1.1 of this Code.
(b)
(Reserved)
(c)
Alternate Method of Establishing Cost of Improvement or Valuation. Should the declared estimated value of improvements, which is the basis of permit fee calculation, be deemed unreasonable by the Code Official/Building Official, the most recent Building Valuation Data Report of the International Code Council Inc., or equal will be used in establishing the correct valuation.
NOTE:
(1)
The applicable Schedule of Fees is applicable to each building on a lot considered separately as independent fire areas. For purposes of this section, any structure under one roof shall be considered one building.
(2)
The Director of Economic & Community Development may waive or adjust the amount of the fee for any permit required by this chapter.
(d)
Fees for new one and two family homes shall be calculated on the gross area of the dwelling based on the Schedule of Fees.
(e)
Definitions. For clarity, the following definitions and guidelines are herein incorporated:
(1)
Estimated cost/value include all cost of labor and material given a fair market value. A contractor-owner contract or 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)
Allowed exclusions from the estimated cost for fee consideration are the costs of the following:
a.
Painting;
b.
Nonstructural embellishments;
c.
Permanent cabinetry or shelving not affecting area, exiting or fire rating requirements of the Code;
d.
Except in residential occupancy/use, fixtures not basic to the occupancy or use of the building/structure, except lighting fixtures;
e.
Fixtures, devices, equipment, and appliances covered by a separate permit;
f.
Landscaping not required by statute.
(3)
For the purposes of clarification, the following costs are included in the estimated cost:
a.
Excavation work for foundations and subgrade structures;
b.
Rough grading for drainage;
c.
Dust proofing of parking lots/spaces including drainage facilities as approved and endorsed to the department by the Public Works Department;
d.
Work required by zoning, rezoning, or annexation conditions under the department's supervisory jurisdiction.
(4)
The estimated cost for permit and fee considerations of temporary buildings/structures shall be the labor cost of assembling, disassembling, and disposal or moving without affecting regular street traffic.
(f)
Fee Surcharge. Any work undertaken without a permit shall be subject to a surcharge of 100% of the regular charge or $50, whichever is greater, upon issuance of a valid permit. This shall be construed as a supplemental penalty accruing regardless of any imposition provided for in Section 116.4 of this Code.
(g)
A fee will be required for the review of construction documents/plans, other than 1 and 2 family dwellings, for work regulated by any code adopted or by referenced by Bloomington City Code Chapter 10. The fee for this review shall be of the reasonable value/cost of each separate project shall be as set forth in the Schedule of Fees.
If the Code Official/Building Official determines that the applicant's estimate of the value/cost for the project is unreasonable, the value of the project shall be as established according to the provisions of Subsection (c) of this section. Appeals shall be provided for in Sections 121.1 and 121.1.1 of this Code.
SEC. 109.8 MOVING OF BUILDINGS.
A permit to move a building or structure shall be issued by the Code Official/Building Official only after clearances are obtained from the Police Department and the Public Works Department of the City, as required by Bloomington City Code Chapter 38, Article VII. Issuance of a moving permit does not relieve the permittee from any obligation of complying with all other City Codes insofar as they may be applicable. The moving permit shall not be construed as a building permit. The moving permit fee shall be calculated 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 will be excluded from the estimated moving cost. The fee to be charged for such permit shall be as set forth in the Schedule of Fees.
SEC. 109.9 DEMOLITION FEES.
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 the utility companies has been obtained. The fee scales as set forth in the Schedule of Fees shall apply for each building/structure to be demolished.
SEC. 109.11 MECHANICAL WORK (HVAC) AND FEES.
The permit fee for all work covered by provisions of the International Mechanical Code and/or International Fuel Gas Code of the City shall be calculated based on estimated cost/value and nature of the work proposed. "Estimated Costs" shall be calculated by totaling the cost/value of all services, labor, materials, equipment and any other appliances or devices entering into and necessary to the execution and completion of the installation or the work in an amount as set forth in the Schedule of Fees.
SEC. 109.13 ELECTRICAL PERMIT FEES.
The electrical permit fees are those provided for in Bloomington City Code Chapter 15.
SEC. 109.14 PLUMBING PERMIT FEES.
The plumbing permit fees are those provided for in Bloomington City Code Chapter 34.
SEC. 109.15 ROOFING PERMITS.
A permit for roofing work done by a roofing contractor as defined in the Illinois Roofing Industry Licensing Act[1] shall be issued by the Code Official/Building Official upon ascertaining that the contractor to do the work is duly and currently certified as a roofing contractor by the State of Illinois. The permit fee shall be based on the cost of the work/improvement using the fee schedule in Section 109.7.
SEC. 109.16 AMUSEMENT DEVICE PERMITS.
Amusement devices, i.e. carnival rides, shall be inspected. A satisfactory compliance with safety regulations shall allow a permit to be issued for their operation. The fee for said permit shall be $50 per location.
SEC. 109.17 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 complete, then the City shall charge a fee of $15 per inspector or 50% of the permit fee, whichever is greater, for each reinspection required. The fee shall be paid prior to reinspection.
SEC. 109.20 CONTRACTOR REGISTRATION, FEES, LIABILITY INSURANCE AND RESPONSIBILITY.
1.
Purpose: The section is intended safeguard the public safety, health and general welfare of the citizens by establishing minimum standards for contractor registration, insurance and performance.
2.
Definitions: Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, be interpreted as herein defined:
(a)
"Construction" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediation, renovating, custom fabricating, maintenance, improving, wrecking, demolishing, and adding to or subtracting from any building, structure, parking facility, or any other structure to such an extent a permit is required to be issued by the Department of Economic & Community Development.
(b)
"Construction Documents" - Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. Construction documents shall be drawn to an appropriate scale.
(c)
"Contractor" means any sole proprietor, partnership, firm, corporation, Limited Liability Company, association or other legal entity permitted by law to do business within the State of Illinois who engages in construction as defined herein.
3.
Certificate of Registration. Every person who shall desire to practice the business of a Contractor, shall first obtain a Certificate of Registration to do so as provided by this chapter. This registration is required for any contractor doing work in the City of Bloomington for which a building permit is required.
(a)
The registration fee and annual renewal shall be in an amount as set forth in the Schedule of Fees. All registrations and renewals of the same shall expire on the 31st day of December of each year, and a renewal shall be obtained on or before January 31st of the following year.
(b)
Any Certificate of Registration forfeited for nonpayment of the renewal fee may be reinstated upon the payment of the annual renewal fee, in an amount as set forth in the Schedule of Fees, plus $25.
(c)
Liability Insurance Required of Registrant. Contractor registrants shall provide a satisfactory certificate of liability insurance against any form of liability to a minimum amount of $100,000 for property damage and $300,000 for personal injury. The insurance shall be maintained in full force and effect during the term of the registration and said insurance policy, or certificate of insurance, shall provide that the City of Bloomington be notified of any cancellation or termination of the insurance 10 days prior to the date of cancellation or termination. Contractor registrants are responsible for notifying the City of said cancellation or termination as required herein and may be sanctioned, as provided in Paragraph 4(d) this section, and as provided elsewhere in the Bloomington City Code, for, failure to provide said notification.
(d)
An owner/occupant of a single-family residence shall be permitted, without registration, to obtain a permit to perform construction at or on said residence, including accessories thereto; however said owner/occupant is subject to all other provisions of this Code.
(e)
Construction by a building owner may be undertaken with the appropriate permits, provided the work does not include work whose performance requires a license, such as plumbing, electrical, and HVAC.
4.
Contractor Responsibility: To ensure construction is meeting the minimum standards set forth in this chapter and other City, State or Federal regulations, persons conducting business as a contractor shall be responsible for the following:
(a)
Registration: Contractors shall be responsible for maintaining their registration and associated liability insurance current and up to date.
(b)
Construction Documents: Contractors shall be responsible for providing the appropriate construction documents as needed to obtain required permits.
(c)
Permits: Contractors shall be responsible for obtaining appropriate permits prior to the start of any construction work.
(d)
Violations: Contractors who fail to comply with the requirements of this section shall be subject to fines of not less than $250 nor more than $1000, irrespective of charges or fines that may be included in Sections 108.7(f) or 113.4 of this Code. Each day that a violation continues shall be deemed a separate violation and shall subject the violator to an additional penalty within the parameters of the fines set forth in the preceding sentence.
SEC. 109.21 MANUFACTURED HOME PARK FEES.
As per § 43-108G of Chapter 43, Bloomington City Code, the Schedule of Fees will be followed for required permits in regards to manufactured homes in manufactured home parks.
SEC. 109.22 CONSTRUCTION TRAILER TIE-DOWN FEE.
Any time a construction trailer is located on a construction site, a tie-down permit fee of $30 will be charged the general contractor and/or subcontractor meeting the tie-down guidelines as identified in Chapter 43.
SEC. 109.23 FIRE PROTECTION SYSTEMS (SPRINKLERS) PERMITS AND FEES.
The permit fee for all fire protection work (sprinkler systems) shall be on the reasonable cost/value of the work to be performed or the system components based on the Schedule of Fees.
SEC. 109.24 COMMERCIAL KITCHEN HOODS FIRE SUPPRESSION SYSTEM FEE.
The fee for a permit for commercial kitchen hoods fire suppression systems shall be based on the reasonable cost/value of the installation, including material and labor, in an amount as set forth in the Schedule of Fees.
SEC. 109.24 ACCOUNTING.
The Code Official/Building Official shall keep an accurate account of all fees collected; and such collected fees shall be deposited regularly in the jurisdiction treasury or otherwise disposed of as required by law.
SEC. 113.4 FEE FOR APPEALS.
(a)
Any petition for a variance/interpretation from the Building Board of Appeals shall be filed with the Economic & Community Development Department, accompanied by a fee in an amount as set forth in the Schedule of Fees payable to the City of Bloomington. Each extra petition in a multiple petition shall be charged a fee in an amount as set forth in the Schedule of Fees. Any variance involved with Property Maintenance Code will be charged an amount as set forth in the Schedule of Fees per initial variance with an amount as set forth in the Schedule of Fees charged for each additional variance.
(b)
Any application for a variance/interpretation to this Code provided by the City Council, Zoning Board of Appeals, Building Board of Appeals, Property Maintenance Review Board, City staff or Regional Planning Commission staff shall be exempted from the requirements of this section.
SEC. 114.3 UNLAWFUL CONTINUANCE.
Any person who shall continue any work in or about the structure or building after having been served with a stop order, except such work as he is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $100 or more than $500.
SEC. 114.4 VIOLATION PENALTIES.
Any person who shall violate a provision of the Code or shall fail to comply with any of the requirements therefor 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 Official, or of a permit or certificate under the provisions of this Code shall be guilty of a violation, punishable by a fine of not less than $50 nor more than $500. Each day that a violation continues shall be deemed a separate offense.
SEC. 1608.4 GROUND SNOW LOADS.
The basic ground snow loads to be assumed in the design of buildings or other structures shall be 30 pounds per square foot.
SEC. 1612.3 FLOOD HAZARD AREAS.
Establishment of flood hazard areas. Tthe applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for the City of Bloomington, Illinois,” dated July 16, 2008, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
SEC. 1809.5 FROST PROTECTION.
Modify 1 as follows:
1.
Extending below the frost line of 40 inches;
SEC. 2901.1 SCOPE - PLUMBING.
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 article and the Illinois State Plumbing Code currently adopted by the City.
SEC. 3302.2 WASTE MATERIALS.
Waste materials shall be removed in a manner which prevents injury or damage to persons, adjoining properties, and public rights-of-way. All construction debris shall be placed in an approved container, and provided with a cover, which shall be closed except when actively being filled. Any person violating any of the provisions of this section shall be fined not less than $100 nor more than $500 for each offense.
[1]
Editor's Note: See 225 ILCS 335/1 et seq.