SEC. 101.1 TITLE.
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These regulations shall be known
as the Building Code of the City of Bloomington, hereinafter referred
to as "this Code."
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SEC. 103.1 CREATION OF ENFORCEMENT
AGENCY.
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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.
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SEC. 105.8 ISSUANCE OF PERMIT
- OCCUPANCY PROHIBITED STRUCTURE.
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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.
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(a)
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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.
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(b)
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Application for Permit. An application
for a building permit for a posted building shall include the following
information:
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(1)
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Sufficient plans and/or drawings
showing how the building will be brought into conformity with applicable
Codes;
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(2)
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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;
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(3)
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A reasonable timetable for completion
of repairs;
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(4)
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Evidence of financial capacity and
ability to make repairs approved by the Economic & Community Development
Department.
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(c)
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Processing Application. The Building
Safety Division shall issue a building permit for the posted house/structure
if, but only if, it has determined:
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(1)
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The plans and drawings show repairs
which, if made, would bring the building into compliance with applicable
Codes;
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(2)
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The Economic & Community Development
Department has determined that:
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(a)
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Cost estimates reasonably reflect
the likely cost of materials and labor necessary to bring the building
into compliance with applicable Codes; and
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(b)
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The applicant has purchased or has
immediate access to sufficient funds to pay for necessary materials
and labor; and
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(c)
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If the applicant intends to make
the repairs himself, he possesses the necessary skills to complete
the job in conformity with applicable Codes; and
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(d)
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The timetable presented for completion
of repairs is reasonable.
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SEC. 105.9 REPAIR OR DEMOLISH
LITIGATION - MORATORIUM ON PERMITS.
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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.
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SEC. 105.10 DEMOLITION PERMITS.
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SEC. 105.10.1 PURPOSE AND SCOPE.
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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.
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SEC. 105.10.2 DEMOLITION PERMIT
REQUIRED.
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A demolition permit shall be required
before any person proceeds with any of the following work:
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(a)
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Demolition or removal of 50% or more
of the floor area of any building (or buildings on the same lot);
or
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(b)
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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).
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SEC. 105.10.3 APPLICATION FOR
PERMIT; SCHEDULE FOR DEMOLITION REQUIRED.
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(1)
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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.
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(2)
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In determining an appropriate schedule
for demolition, the following factors shall be considered:
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(a)
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The composition and size of the structure
or structures to be demolished;
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(b)
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The location of the demolition site;
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(c)
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The presence of site contaminants,
such as asbestos, lead-based paint or stored underground fuel;
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(d)
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Environmental considerations involved
in the demolition or disposal of wastes therefrom, including efforts
made to recycle materials;
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(e)
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The effect demolition, or an extended
period of demolition, will have on the surrounding area.
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(3)
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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.
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SEC. 105.10.4 DEMOLITION WORK
BOND.
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(1)
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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.
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(2)
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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.
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(3)
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Waiver. The foregoing requirement
of bond may be waived at the discretion of the Code Official/Building
Official where:
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(a)
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The estimated cost of demolition
of a structure, including removal of the debris and clearing the site,
is less than $25,000;
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(b)
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No extra hazardous conditions exist;
and
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(c)
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The demolition permit is being sought
by the owner of the structure.
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(4)
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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.
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SEC. 105.10.5 UNFINISHED DEMOLITION;
PENALTIES.
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(1)
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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.
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(2)
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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.
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SEC. 105.11 INSURANCE.
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(a)
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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:
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Bodily Injury:
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Each Occurrence
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$500,000
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Each Person
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$500,000
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Property Damage:
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Each Occurrence
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$100,000
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Aggregate
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$100,000
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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.
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(b)
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Waiver. The foregoing insurance requirement
may be waived at the discretion of the Code Official/Building Official
where:
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(1)
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The estimated cost of demolition
of a structure, including removal of the debris and clearing the site,
is less than $500;
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(2)
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No extra hazardous conditions exist;
and
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(3)
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The demolition permit is being sought
by the owner of the structure.
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SEC. 109.5 RELATED FEES.
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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.
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SEC. 109.6 REFUNDS.
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In the case of a revocation of a
permit or abandonment or discontinuance of a work project, no fees
shall be subject for refund.
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SEC. 109.7 FEE SCHEDULES.
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(a)
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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.
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(b)
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(Reserved)
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(c)
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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.
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NOTE:
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(1)
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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.
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(2)
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The Director of Economic & Community
Development may waive or adjust the amount of the fee for any permit
required by this chapter.
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(d)
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Fees for new one and two family homes
shall be calculated on the gross area of the dwelling based on the
Schedule of Fees.
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(e)
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Definitions. For clarity, the following
definitions and guidelines are herein incorporated:
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(1)
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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.
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(2)
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Allowed exclusions from the estimated
cost for fee consideration are the costs of the following:
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a.
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Painting;
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b.
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Nonstructural embellishments;
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c.
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Permanent cabinetry or shelving not
affecting area, exiting or fire rating requirements of the Code;
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d.
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Except in residential occupancy/use,
fixtures not basic to the occupancy or use of the building/structure,
except lighting fixtures;
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e.
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Fixtures, devices, equipment, and
appliances covered by a separate permit;
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f.
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Landscaping not required by statute.
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(3)
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For the purposes of clarification,
the following costs are included in the estimated cost:
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a.
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Excavation work for foundations and
subgrade structures;
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b.
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Rough grading for drainage;
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c.
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Dust proofing of parking lots/spaces
including drainage facilities as approved and endorsed to the department
by the Public Works Department;
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d.
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Work required by zoning, rezoning,
or annexation conditions under the department's supervisory jurisdiction.
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(4)
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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.
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(f)
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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.
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(g)
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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.
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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.
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SEC. 109.8 MOVING OF BUILDINGS.
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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.
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SEC. 109.9 DEMOLITION FEES.
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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.
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SEC. 109.11 MECHANICAL WORK
(HVAC) AND FEES.
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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.
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SEC. 109.13 ELECTRICAL PERMIT
FEES.
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The electrical permit fees are those provided for in Bloomington City Code Chapter 15.
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SEC. 109.14 PLUMBING PERMIT
FEES.
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The plumbing permit fees are those provided for in Bloomington City Code Chapter 34.
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SEC. 109.15 ROOFING PERMITS.
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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.
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SEC. 109.16 AMUSEMENT DEVICE
PERMITS.
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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.
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SEC. 109.17 REINSPECTION FEE.
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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.
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SEC. 109.20 CONTRACTOR REGISTRATION,
FEES, LIABILITY INSURANCE AND RESPONSIBILITY.
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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.
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2.
|
Definitions: Unless otherwise expressly
stated, the following words and terms shall, for the purposes of this
section, be interpreted as herein defined:
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(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.
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(b)
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"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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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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:
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(a)
|
Registration: Contractors shall be
responsible for maintaining their registration and associated liability
insurance current and up to date.
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(b)
|
Construction Documents: Contractors
shall be responsible for providing the appropriate construction documents
as needed to obtain required permits.
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(c)
|
Permits: Contractors shall be responsible
for obtaining appropriate permits prior to the start of any construction
work.
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(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.
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SEC. 109.21 MANUFACTURED HOME
PARK FEES.
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SEC. 109.22 CONSTRUCTION TRAILER
TIE-DOWN FEE.
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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.
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SEC. 109.23 FIRE PROTECTION
SYSTEMS (SPRINKLERS) PERMITS AND FEES.
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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.
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SEC. 109.24 COMMERCIAL KITCHEN HOODS FIRE SUPPRESSION
SYSTEM FEE.
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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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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SEC. 1809.5 FROST PROTECTION.
| ||
Modify 1 as follows:
| ||
1.
|
Extending below the frost line of
40 inches;
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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.
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SEC. 3302.2 WASTE MATERIALS.
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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.
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