[Ord. 619, 8-7-1995; amended by 2003 Code]
A.
Division Established: There is hereby created the building division
of the City street and property department. This division shall consist
of the code compliance officer and other officials and employees as
may be provided for by the Council.
B.
Functions Of Division:
1.
Enforcement Of Building Laws: The building division shall by all
appropriate means enforce all the laws and ordinances of the City
relating to the condition, construction, repair, alteration, addition,
or demolition of buildings or structures including codes regarding
related work such as plumbing, electrical, mechanical, elevator, and
the like. Division personnel shall make all appropriate inspections
and engage in related activities in connection therewith.
2.
Zoning Enforcement: The building division shall enforce the zoning
title of this Code.
3.
Prosecutions: Personnel of the building division shall sign complaints
and appear in court if necessary to enforce the laws and ordinances
referred to in this subsection.
C.
Code Compliance Officer:
1.
Position Established: There is hereby established the position of
code compliance officer whose hiring shall be recommended by the City
administration and approved by the City Council. The code compliance
officer shall act and be known as the zoning Administrator, plumbing
inspector, electrical inspector, heating/air conditioning/ventilation
inspector, elevator inspector, and plans examiner in the absence of
appointment of other persons in the building division to those positions.
2.
Duties: The code compliance officer shall:
D.
Employees Of Division; Conflict Of Interest: No member or employee
of the building division shall engage in any occupation or business
nor shall any such member or employee be interested in any manner
in any business which is subject to the regulations of this chapter
or the zoning title.
[Ord. 619, 8-7-1995; amended by 2003 Code]
A.
Citation And Scope:
1.
This chapter shall constitute and be known as the "Le Roy Building
Code" and may be cited as such; and all aspects of buildings, including,
but not limited to, the erection, construction, enlargement, rebuilding,
alteration, repairing, moving, shoring, removal, demolition, equipment,
use, height, area, conversion of occupancy, and the installation of
plumbing, heating apparatus, boilers, elevators, electrical wiring,
mechanical ventilation, natural lighting and maintenance of all buildings
or structures within the corporate limits of the City, shall be carried
out in conformity herewith.
2.
The requirements contained in this chapter shall apply to all buildings
or structures now existing or hereafter erected.
3.
All buildings or structures and all parts thereof shall be maintained
in a safe condition, and all devices or safeguards which are required
by this chapter at the erection, alteration or repair of any building
shall be maintained in good working order.
4.
This subsection shall not be construed as permitting the removal
or nonmaintenance of any previously authorized or required devices
or safeguards unless authorized in writing by the code compliance
officer.
B.
Conflicting Provisions:
1.
In the event of any conflict: between or among any codes adopted
in this chapter; or between any code adopted in this chapter and any
other provision of this City code; or between any code adopted in
this chapter and any provision of any code adopted by any other provision
of this City code; or between any code adopted in this chapter and
any provision of state law; the provision setting the highest standard
for health and safety shall prevail.
[Ord. 619, 8-7-1995; amended by Ord. 688, 7-15-1996; Ord. 706, 11-4-1996; 2003 Code; Ord. 07-04-01-51, 4-2-2007; Ord. 10-07-02-53, 7-19-2010; Ord. 19-08-01-53, 8-5-2019]
A.
Code Adopted: There is hereby adopted by the City Council for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment installation, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, a building code known as the international building code/2006 published by the International Code Council, Inc., and the whole thereof, hereinafter referred to as the international building code, save and except such portions as are deleted, modified, or amended in Subsection B of this section. The provisions of said code are hereby adopted and incorporated as fully as if set out at length, and the provisions thereof shall be controlling in regard to all buildings and structures within the corporate limits of the City, except as provided in Subsection 9-1-2B of this chapter. Three copies of said code are on file in the office of the City Clerk for public use and inspection.
B.
Amendments To Code: The provisions of this subsection 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 shown as follows:
1.
Section 105: Section 105 of the international building code is hereby
amended by addition of new sub-subsection 105.1.3, Permits Not Required,
in words and figures as follow:
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105.1.3: Permits Not Required: Permits for the estimated value
of improvements to or demolition of a structure, such improvements
or demolition amounting to not more than $5,000, are not required
and a fee is not required to be paid nor an application submitted
since no permit is required. However, in the event a property owner
or contractor wishes to apply for a permit in accordance with this
Code and obtain a permit, they may do so in accordance with this Code
as though this Sub-subsection 105.1.3 was not applicable. In such
case, the fee and application process, as well as permit issuance
process and inspections, shall be in accordance with all other applicable
provisions of this Code.
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2.
Demolition Work Bond, being an addition to the international building
code is adopted as follows:
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Demolition Work Bond:
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(a)
|
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 the 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.
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(b)
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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) are issued by him or her. In lieu of a bond
required under this subsection, a certified or cashier's check in
the amount of the bond payable to the City of Le Roy shall be deposited
with the City at the time of application for the demolition or structure
removal permit. The amount of said check as is not required for satisfactory
completion of the project shall be refunded to the applicant upon
completion.
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(c)
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Waiver: The foregoing requirement for bond may be waived at
the discretion of the code compliance officer when:
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(1)
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The estimated cost of demolition or removal 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 or structure removal permit is being sought by
the owner of the structure serving as the contractor for the project.
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3.
Insurance, being an addition to the international building code,
is adopted in words and figures as follow:
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Insurance:
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(a)
|
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 Le Roy as a named insured showing coverage
of 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 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.
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(b)
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Waiver: The foregoing insurance requirement may be waived at
the discretion of the code compliance officer when:
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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 or structure removal permit is being sought by
the owner of the structure.
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4.
Fee Schedules, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
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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 the City of Le Roy Municipal Code, Title 9, Chapter 9-1, 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 Subsection (b) 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.
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(b)
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Fee schedule based on estimated value of improvements:
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Estimated Cost
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Fee
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|---|---|
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$0 to $5,000
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Property owner or contractor not required but wishing to obtain
a permit voluntarily for improvements or demolition work estimated
to total less than $5,000 to $25 fee
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$0 to $1,000
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Flat Fee of $30
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$1,001 to $5,000
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Flat Fee of $55
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$5,001 to $10,000
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$63 plus $0.42 per hundred or part thereof of the estimated
cost over $5,000. Maximum - $84
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$10,001 to $50,000
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$84 plus $0.315 per hundred or part thereof of the estimated
cost over $10,000. Maximum - $210
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$50,001 to $100,000
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$210 plus $0.27 per hundred or part thereof of the estimated
cost over $50,000. Maximum - $346.50
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$100,001 to $500,000
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$346.50 plus $0.24 per hundred or part thereof of the estimated
cost over $100,000. Maximum - $1,312.50
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$500,001 to $1,000,000
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$1,312.50 plus $0.21 per hundred or part thereof of the estimated
cost over $500,000. Maximum - $2,362.50
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$1,000,001 to $5,000,000
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$2,362.50 plus $0.18 per hundred or part thereof of the estimated
cost over $1,000,000. Maximum - $9,502.50
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$5,000,001 to $10,000,000
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$9,502.50 plus $0.16 per hundred or part thereof of the estimated
cost over $5,000,000. Maximum - $17,377.50
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$10,000,001 to $50,000,000
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$17,377.50 plus $0.13 per hundred or part thereof of the estimated
cost over $10,000,000. Maximum - $67,777.50
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$50,000,001 to $100,000,000
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$67,777.50 plus $0.11 per hundred or part thereof of the estimated
cost over $50,000,000. Maximum - $120,277.50
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$100,000,001 & Over
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$120,277.50 plus $0.05 per hundred or part thereof of the estimated
cost over $100,000,001.
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Notes:
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|---|---|---|---|---|---|---|
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(1)
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This schedule is applicable to each detached and independent
building or structure on a lot considered separately. For purposes
of this section, any structure under one roof shall be considered
as one building.
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(2)
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No permit shall be required for: installation of siding on the
exterior of any building; guttering work; or minor repairs not to
exceed $5,000 in cost (labor and materials) on existing structures.
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(3)
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The Code Compliance Officer may waive or adjust the amount of
the fee for minor work permits required by this Code.
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(c)
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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" shall include all costs of labor and material
given 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 the other provisions of this section.
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(2)
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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; paving
of parking lots;
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d.
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Work required by zoning, rezoning, or annexation conditions
under the building division's supervisory jurisdiction;
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e.
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Required screening and/or landscaping;
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f.
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All mechanical work cost including electrical, heating, ventilation,
air-conditioning, plumbing, elevator, energy conservation, and the
like;
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g.
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Structural support for free standing signs.
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(3)
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Allowed exclusions from the estimated cost for fee consideration
are the cost 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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Cabinetry or shelving not affecting existing or fire rating
requirements;
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d.
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Fixtures not regulated by this Code and intended only for aesthetic
purposes;
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e.
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Landscaping not required by statute or any applicable code or
other law.
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(4)
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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.
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(d)
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Fee Surcharge. Any work undertaken without a permit shall be
subject to a surcharge of 50% of the regular charge or $25, 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 this Code.
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5.
Moving Of Buildings, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
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Moving Of Buildings: 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 shown on the fee scale of Subsection 9-1-3B4 of the City code plus $25 for each building/structure moved (modular buildings/structures included).
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6.
Demolition, is hereby deleted, and the following language is substituted
therefor as new section of the international building code:
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Demolition. 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. The fee scales of Subsection 9-1-3B4 of the City code shall apply for each building/structure to be demolished.
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7.
Sign Permits And Fees, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
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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 with the fee schedule of Subsection 9-1-3B4 of the City code plus $0.20 per square foot of sign area.
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8.
Mechanical Works Fees (Electrical, HVAC, Etc.), is hereby deleted
and the following language is substituted therefor as new section
of the international building code:
9.
Power Boiler Inspection Fee, is hereby deleted and the following
language is substituted therefor as new section of the international
building code:
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Power Boiler Inspection Fee: The code compliance officer shall
waive all fees and requirements for such inspections.
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10.
Crematory/Incinerator Inspection Fees, is hereby deleted and the
following language is substituted therefor as new section of the international
building code:
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Crematory/Incinerator Inspection Fees: The fee for annual crematory/incinerator
inspection shall be $100.
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11.
Elevator Permits, Certificates, Fees, is hereby deleted and the following
language is substituted therefor as new section of the international
building code:
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Elevator Permits, Certificates, Fees: The code compliance officer
shall waive all permits and fees.
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12.
Electrical Permit Fee, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
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Electrical Permit Fee: Beginning on the date of adoption of this ordinance, 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. All other electrical work done on existing structure shall not require a permit or fee until February 29, 1996. After that date (beginning March 1, 1996) the code compliance officer shall no longer be permitted to waive any permits or fees for 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 under Subsection 9-1-3B4 of the City code. The fee for electrical work on existing structures shall be calculated in accordance with the fee schedule set forth in Subsection 9-1-3B4 of the City code.
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13.
Plumbing Permit Fee, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
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Plumbing Permit Fee: The code compliance officer shall waive
all permits and fees.
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14.
Roofing Permit, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
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Roofing Permit: 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 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 Subsection 9-1-3B4 of the City code for permit fee.
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[1]
Editor's Note: See 225 ILCS 335/1 et seq.
15.
Amusement Device Permit, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
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Amusement Device Permit: Amusement device permit (reserved)
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16.
Reinspection Fee, is hereby deleted and the following language is
substituted therefor as new section of the international building
code:
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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 shall charge
a fee of $25 for each reinspection required. The fee shall be paid
prior to reinspection.
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17.
Accounting Schedules, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
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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.
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18.
Refund Schedules, is hereby deleted and the following language is
substituted therefor as new section of the international building
code:
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Refund Schedules: In the case of a revocation of a permit or
abandonment or discontinuance of a work project, no fees shall be
subject to refund. Where a refund is otherwise justified and approved
by the code compliance officer, the same will be permitted less $10
for a service fee.
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19.
Issuance Of Permit - Occupancy Prohibited, being an addition to the
international building code, is adopted in words and figures as follow:
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Issuance Of Permit - Occupancy Prohibited: No building permit
shall be issued for any building posted "No Occupancy" except in conformity
with the provisions of this section.
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(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 without regard to whether a building permit
would otherwise be required for such work.
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(b)
|
Application Of 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;
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(2)
|
A realistic cost estimate of materials and labor needed to bring
the building into compliance;
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(3)
|
A reasonable timetable for completion of work;
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(4)
|
Evidence of financial capacity and ability to make repairs approved
by the code compliance officer.
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20.
Violation Penalties, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
|
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 Title 1, Chapter 1-4, of the City code. Each day that a violation continues shall be deemed a separate offense.
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21.
Unlawful Continuance, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
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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 to remove a violation or unsafe condition(s), shall be subject to penalty as provided in Title 1, Chapter 1-4, of this Code. Each day the violation continues shall be deemed a separate offense.
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22.
New section, Special Fees, being an addition to the international
building code, as adopted in words and figures as follow:
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Special 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 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.
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23.
New Buildings - Certificate Of Occupancy, is hereby deleted and the
following language is substituted therefor as new section of the international
building code:
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New Buildings - Certificate Of Occupancy[2]: No person shall use or occupy or permit use or occupancy
in whole or in part of, any building hereafter erected until a certificate
of use or occupancy shall have been issued by the code compliance
officer.
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24.
Temporary Occupancy, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
|
Temporary Occupancy: Temporary use or occupancy may be granted
by the code compliance officer for a maximum duration of 1 month from
the certificate's date of issuance. The same may be extended monthly
only by approval of the City Administrator for a maximum of 3 extensions
subject to a favorable safety inspection by the code compliance officer.
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25.
New section, Building Hereafter Altered, being an addition to the
international building code, is adopted in words and figures as follow:
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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 1 use group to another; or
|
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(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.
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26.
Application For Appeal, is hereby deleted and the following language
is substituted therefor as new section of the international building
code:
|
Application For Appeal: Any person may appeal to the construction
board of appeal 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.
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27.
Fee For Appeals, is hereby deleted and the following language is
substituted therefor as new section of the international building
code:
|
Fee For Appeals: Any petition for a variance/interpretation
from the construction board of appeal shall be filed with the building
division, accompanied by a fee of $100, payable to the City of Le
Roy. Each extra petition in a multiple petition shall be charged a
fee of $25.
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28.
Membership Of Board, and all subsections thereof, are hereby deleted
and the following language is substituted therefor as new section
of the international building code:
|
Membership Of Board: The construction board of appeal shall
consist of the Mayor, all City Council members, and 1 additional person
to be appointed by the Mayor and approved by the City Council. The
additional member shall be a resident of Le Roy 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.
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29.
Termination, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
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Termination: The term of each additional member (non-city Council
or Mayor members) of the construction board of appeal shall end on
April 30th of their fifth year.
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30.
Alternate Members, being an addition to the international building
code, is adopted in words and figures as follow:
|
Alternate Members: The Mayor shall appoint 2 alternate members who shall be called by the construction board of appeal chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required of the "additional member" as set forth in Subsection 9-1-3B28 of the City code.
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31.
New section, Chairman, being an addition to the international building
code, as adopted in words and figures as follow:
|
Chairman: The Mayor shall serve as chairman of the construction
board of appeal. 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.
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32.
Disqualification Of Member, being an addition to the international
building code, is adopted in words and figures as follow:
|
Disqualification Of Member: A member of the construction board
of appeal shall not hear an appeal in which that member has any personal,
professional or financial interest.
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33.
Secretary, being an addition to the international building code,
is adopted in words and figures as follow:
|
Secretary: The chairman of the construction board of appeal
shall designate a qualified individual to serve as secretary for the
board.
|
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The secretary shall file a detailed record of all proceedings
in the office of the City Clerk.
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34.
Compensation, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
|
Compensation: Members of the construction board of appeal shall
serve without compensation.
|
35.
Procedure, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
|
Procedure: The construction board of appeal is authorized to
enact rules of procedure governing its proceedings consistent with
this Code.
|
36.
Quorum, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
|
Quorum: 6 members of the construction board of appeal shall
constitute a quorum for the purpose of doing business.
|
37.
Action Of Board, is hereby deleted and the following language is
substituted therefor as new section of the international building
code:
|
The board shall modify or reverse the decision of the code official
by a 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.
|
38.
Minimum Glazing Area, Adjoining Spaces, Ventilation Area Required,
And Adjoining Spaces, of the international building code are hereby
further amended by addition of the following words at the end of the
current provisions set forth in each of the aforesaid provisions:
|
. . . 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 Le Roy 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 they so desire).
|
39.
Snow Load, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
|
Snow Load: The basic ground snow load to be assumed in the design
of buildings or structures shall be 30 pounds per square foot.
|
40.
Windloads, is hereby deleted and the following language is substituted
therefor as new section of the international building code:
|
Windloads: 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.
|
41.
New section, Frostline, being an addition to the international building
code, is adopted in words and figures as follow:
|
Frostline: All foundations that may be affected by freezing
shall be built at least 40 inches below the adjacent grade for frost
protection.
|
42.
Existing Plumbing Systems chapter of the international building code
is hereby deleted and the following language is substituted therefor
as new chapter of the international building code:
|
Plumbing Systems
|
|---|
|
Plumbing - Scope: The design and installation of plumbing systems,
including sanitary and storm drainage, sanitary facilities, water
supplies and storm water 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. Plumbing work in the City must
be done by a state licensed plumber.
|
43.
Signs, section entitled "General" of the international building code,
is hereby amended by addition of the following language at the end
of the current provision:
|
...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 one
$100,000 per accident and for property damage in the sum of $50,000
as herein required.
|
44.
Plumbing fixtures or drains shall have overhead discharge and no
gravity discharge to the sewer system, in words and figures as follows:
|
Residential one-family and two-family homes, multi-family dwellings,
commercial, and industrial for which a permit for initial construction
is issued after July 1, 2010, with levels below grade which are provided
with plumbing fixtures or drains shall have an overhead sewage injection
pump/pit or backflow protection as deemed appropriate by the City
of Le Roy and/or designated City staff and no gravity discharge to
the sewer system.
|
[Ord. 619, 8-7-1995; amended by Ord. 688, 7-15-1996; 2003 Code; Ord. 07-04-01-51, 4-2-2007]
A.
Code Adopted: There is hereby adopted by the City Council for the purpose of regulating the fabrication, erection, construction, enlargement, alteration, repair, location and use of residential structures, their appurtenances and accessory structures, including permits and penalties, a building code known as the international residential code/2006, published by the International Code Council Inc., the whole thereof, save and except such portions as are deleted, modified, or amended in Subsection B of this section. The provisions of said code are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling in all matters pertaining to the fabrication, erection, construction, enlargement, alteration, repair, location and use of residential structures, their appurtenances and accessory structures, except as provided in Subsection 9-1-2B of this chapter. Three copies of said code are on file in the office of the City Clerk for public use and inspection.
B.
Amendments To Code: The provisions of this subsection represent changes
to the international residential code/2006 or correspond to the sections
of said code which are completed, modified, deleted, and/or added
as follows:
1.
Right Of Appeal, is hereby added to international residential code
by addition of the following language:
|
Right Of Appeal: All persons shall have the right to appeal
the code compliance officer's decision to the construction board of
appeal of the building division. Filing of appeals, consideration
of appeals (including hearings thereon), and decisions as to appeals
shall be conducted in accordance with Section 121 Means Of Appeal,
and all subsections thereof, of the international building code, as
adopted by the City of Le Roy.
|
2.
Permit Fees, is hereby deleted and the following language is substituted
therefor as new section of the international residential code:
|
Permit Fees. Permit fees shall be calculated as prescribed in the section on fee schedules of the international building code, in the form as adopted under Subsection 9-1-3B4 of the City code by the City of Le Roy.
|
3.
Permit Expiration And Permit Validity, are hereby deleted and the
following language is substituted therefor as new sections of the
international residential code:
|
Expiration. Refer to similar section of the international building
code.
|
|
Permit Validity. Refer to similar section of the international
building code.
|
4.
Inspections, of the international residential code is hereby amended
by addition of the following language at the end of said section:
|
...Periodical and phase inspections shall be made by the code
compliance officer and properly recorded as to status. Action taken
shall be dependent on the inspection findings.
|
5.
Climatic And Geographic Design Criteria, is hereby deleted and the
following language is substituted therefor as new section of the international
residential code:
|
Climatic And Geographic Design Criteria: The climatic and geographic
design criteria shall be as established in the international building
code.
|
6.
Plumbing Chapters Are Hereby Deleted. In place thereof, a new chapter
of the international residential code is hereby adopted in words and
figures as follow:
|
PLUMBING
|
|---|
|
All plumbing materials and work shall comply with the Illinois
state plumbing code as currently in effect, and any amendments thereto
from time to time.
|
|
(Other omitted chapters are reserved.)
|
7.
Minimum Size, is hereby further amended by addition of the following
words at the end of the current provision and before the "exception"
provision of said section:
|
. . .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 Le Roy 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 they so desire).
|
[Ord. 688, 7-15-1996; amended by 2003 Code; Ord. 05-09-01-51, 9-6-2005, eff. 9-6-2005]
There is hereby adopted by the City Council for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment installation, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, an electrical code known as the "national electrical code/2005", published by the National Fire Protection Association, and the whole thereof, hereinafter referred to as "NEC", or sometimes referred to as "electrical code", save and except such portions as may hereafter be deleted, modified, or amended. The provisions of said code are hereby adopted and incorporated herein as fully as if set out at length, and the provisions thereof shall be controlling in regard to all buildings and structures within the corporate limits of the City, except as provided in Subsection 9-1-2B of this chapter. Three copies of said code are on file in the office of the City Clerk for public use and inspection.
[Ord. 619, 8-7-1995; amended by 2003 Code]
A.
ABANDONED BUILDING
1.
2.
UNSAFE BUILDING
1.
2.
3.
4.
5.
6.
Definitions: As used in this section, the following words and terms
shall have the meanings ascribed to them in this subsection:
Includes any building, shed, fence or other man-made structure,
whether completed or not, which:
Has not been occupied for a continuous period of one year. The
period during which a building has not been occupied includes, but
is not limited to, all time during which the building was vacant as
a result of a "no occupancy" order issued by the building division
of the City of Le Roy or the McLean County health department; and
Fails to comply with the building and related codes applicable
to buildings used for permitted uses in the zone in which the building
is located.
Includes:
Any building, shed, fence or other man-made structure which
is dangerous to public health because of its construction or condition,
or which may cause or aid in the spread of disease or cause injury
to the health of the occupants or of neighboring structures.
Any building, shed, fence or other man-made structure which,
because of faulty construction, age, lack of proper repair or any
other cause, is especially liable to fire and constitutes or creates
a fire hazard.
Any building, shed, fence or other man-made structure which,
by reason of faulty construction, lack of proper repair or any other
cause, is liable to cause injury or damage by a total or partial collapse.
Any building, shed, fence or other man-made structure which,
because of its condition or because of lack of doors or windows, is
available to persons who are not owners or lessees of such structure.
Any building, shed, fence or other man-made structure which,
by reason of its condition, poses a threat to the physical integrity
of adjacent structures.
Any building, shed, fence or other man-made structure which
harbors rats or other pests.
B.
Dangerous Conditions And Occupancy Prohibited: It shall be unlawful
to maintain or permit the existence of any dangerous building in the
City, and it shall be unlawful for the owner, occupant or person in
custody of any dangerous building to permit the same to remain in
a dangerous condition or to occupy such building or permit it to be
occupied while it is or remains in a dangerous condition.
C.
Inspections; Procedure To Remedy:
1.
Inspections; Report To Administration: The building division shall
make or cause to be made an inspection of any structure in response
to any report of an unsafe or abandoned building and, if found to
be unsafe or abandoned, to cause all violations to be eliminated;
or to refer the matter to the City administration for action pursuant
to this section.
2.
Repair Or Demolition Of Building:
a.
Suit Authorized; Notice To Repair Or Demolish; Application For Demolition Order: Upon referral, the City's attorney shall apply to the circuit court of McLean County for an order authorizing the repair or demolition of any unsafe or abandoned building as defined in Subsection A of this section. At least 15 days prior to the filing of such suit, the City's attorney shall notify the owner of said property, including lienholders of record, to put such building in a safe condition or to demolish it. If no action is taken within said fifteen-day period, the City's attorney may apply to the circuit court for a repair or demolish order. Where, upon diligent search, the identity or whereabouts of the owner of any such building, including the lienholders of record, is not ascertainable, notice mailed to the person in whose name such real estate was last assessed is sufficient notice under this subsection.
b.
Hearing On Demolition Order: The hearing on such application to the
circuit court shall be expedited by the court and shall be given precedence
over all other suits. Upon a showing that a building or structure
is unsafe or abandoned, the court shall grant relief as herein provided:
(1)
The court shall authorize the City to demolish any unsafe or
abandoned building or building or structure upon a showing that:
(A)
The probable cost of repairs required to bring the building
into compliance with applicable codes exceeds 50% of the appraised
value of the structure at the time the suit is filed; or
(B)
The owner of the building or structure has failed to comply
with a court order entered pursuant to Subsection C2b(2) below to
bring the building into compliance with applicable codes; or
(C)
The City presents a consent to demolish signed by the owner
of such building or structure.
(2)
The court may order the owner of such building or structure
to make such repairs as are required to bring such building or structure
into compliance with applicable codes and shall specify a date by
which such repairs must be completed.
(3)
Upon request by the City, the court may authorize the City to
make such repairs as are required to bring such building or structure
into compliance with applicable codes.
3.
Responsibility For Costs; Costs A Lien: The cost of such repair or
demolition incurred by the City or by a lienholder of record is recoverable
from the owner of such real estate and is a lien thereon, which lien
is superior to all prior existing liens and encumbrances except taxes.
Within 180 days after repair or demolition, the City or the lienholder
of record who incurred the cost and expense of such demolition or
repair of such building shall file a notice of lien of cost and expense
in the office of the county recorder of deeds. The notice shall consist
of a sworn statement containing:
a.
A description of the real estate sufficient for identification thereof;
b.
The amount of money representing the cost and expense incurred;
c.
The date when the cost and expense was incurred by the City or by
the lienholder of record. For purposes of this Subsection C3, the
cost of repair or demolition shall be deemed to have been incurred
by the City at the time the City pays any person with whom it has
contracted to do the repair or demolition work, or the date of the
last payment to said person if there is more than one payment. Upon
payment of the cost and expense by the owner of or the person interested
in the property after a notice of lien has been filed, the lien shall
be released by the City or the person in whose name the lien has been
filed, and the release may be filed of record as in the case of filing
a notice of lien. Costs and expenses for which a lien may be filed
shall include any costs incurred in determining ownership or interest
of parties in the property, reasonable attorney fees, court costs,
costs incurred in proving the cost of improvements required on said
building or structure and all costs incidental to or required for
repair or demolition.
4.
Foreclosure Of Lien: The lien may be enforced by proceedings to foreclose
as in case of mortgages or mechanics' liens. Said foreclosure suit
must be commenced within three years after the date of filing notice
of lien.
D.
Notice To Remedy Immediately: If a building division representative
shall find in the City any building or structure or part thereof in
such an unsafe condition as to cause imminent danger to life or property
but that the immediate application of precautionary measures may avert
such danger, he shall have authority, and it shall be his duty forthwith,
to notify in writing the owner, agent, contractor or person in possession,
charge or control of such buildings or structures or part thereof
to adopt and put into effect such precautionary measures as may be
necessary or advisable in order to place such building or structure
or part thereof in a safe condition. Such notice shall state briefly
the nature of the work required to be done, and the building division
representative shall specify in such notice the time within which
the work required to be done shall be completed by the person notified,
upon taking into consideration the condition of such building or structure,
or part thereof, and the danger to life or property which may result
from its unsafe condition.
E.
Dangerous Buildings Within Fire Limits[2]:
1.
Fire Limits Established: The fire limits shall be comprised of the
areas containing congested business, commercial, manufacturing, and
industrial uses such as the downtown or in which such uses are developing;
and any contiguous commercially zoned district, any part of which
has dimensions greater than 600 feet in length and 600 feet in width.
2.
Dangerous Buildings: Any building or structure within the fire limits
of the City which has been damaged by fire, decay or other cause to
the extent of 50% of its appraised value shall be torn down and removed.
Any party aggrieved by the application of this subsection by the building
division may appeal the decision to the construction board of appeal.
F.
Demand Compliance With Provisions:
1.
If it shall be found that any building or structure, or part thereof,
is being or shall have been worked on in violation of any of the provisions
of this section, the building division shall forthwith notify the
owner, agent, contractor, superintendent or architect engaged in working
on such building or structure, or part thereof, of the fact that such
building or structure, or part thereof, has been or is being worked
on contrary to the provisions of this section and shall specify briefly
in such notice in what manner the provisions of this section have
been violated and shall require the person so notified to forthwith
make such building or structure, or part thereof, conform with the
provisions of this section specifying in such notice the time within
which such work shall be done.
2.
If, at the expiration of the time set forth in such notice, the person
so notified shall have refused, neglected, or failed to comply with
the request made in such notice and to have such building, structure,
or part thereof, concerning which notice was sent, changed so as to
conform to and comply with the provisions of this section, the building
division representative shall have the authority, and it shall be
his duty, to request the City's attorney to institute proceedings
in the circuit court for an order compelling such person to conform
to the provisions of this section, or authorizing demolition of such
building or structure, or part thereof, as shall or may have been
worked on in violation of the provisions or any of the provisions
of this section, and the cost of such work shall be charged to and
recovered from the owner of such building or structure or from the
person for whom such building or structure is being worked on, in
the manner provided in this section.
[Ord. 684, 7-15-1996]
On all multi-family dwellings or multi-unit commercial structures,
where there are two or more units capable of being occupied, either
for residential or commercial purposes, each separate utility meter
servicing one or more of the units and each separate shutoff valve
servicing one or more of the units, controlling or metering any utility
or service (to the unit or to the building), such as electricity,
natural gas, or water, shall be clearly marked and labeled by the
landlord, or at the direction of the landlord, identifying which unit
(or part of the building), by common street address or post office
numbering or address, the meter or shutoff control or valve serves.
[Ord. 619, 8-7-1995; amended by 2003 Code]
The penalty for violating any provision of any of the codes adopted by reference in this chapter shall be as provided in the code violated; if the code violated fails to specify a penalty, the penalty shall be as set forth in Title 1, Chapter 1-4, of this Code. The penalty for violating any other provision of this chapter shall be a penalty as provided in Title 1, Chapter 1-4, of this Code. A separate offense shall be deemed committed each day that a violation exists or continues.
