Village of Lincolnwood, IL SWIMMING POOL AND SPA CODE

Editor's Note: This ordinance also renumbered Articles 13 through 18 as Articles 14 through 19, respectively.

The following items are the additions, insertions and changes to the International (Private) Swimming Pool and Spa Code:

Section 101.1 Title.

Delete all and insert "These provisions shall be known as the International Swimming Pool and Spa Code of the Village of Lincolnwood and shall be cited as such and will be referred to herein as 'this code.' The Village of Lincolnwood shall be inferred whenever the term 'Village' is used in this code."

Section 102.7 Referenced codes and standards.

Delete all and insert "Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard."

Add (new section) Exceptions: and insert lines (1 through 2) as follows:

"1.	All references to the International Plumbing Code throughout this code shall be deleted and referenced back to the Illinois Plumbing Code, most current edition.
"2.	All references to the International Energy Conservation Code throughout this code shall be deleted and referenced back to the Illinois Energy Conservation Code, most current edition."

Section 105.5.3 Expiration.

Delete all and insert "The Building Official is authorized to grant, in writing, one permit renewal or reissuance, for a period not to exceed 180 days. The renewal or reissuance shall be requested in writing and justifiable cause demonstrated. The Village Manager is authorized to grant, in writing, any subsequent permit renewals or reissuances, for periods not to exceed 180 days. Any subsequent renewals or reissuances shall be in writing and justifiable cause demonstrated. However, no permit or approval shall be valid for a period of more than one year after the date of issuance."

Section 105.5.4 Extension.

Delete all and insert "The Building Official is authorized to grant, in writing, one permit extension, for a period not to exceed 180 days. The extension shall be requested in writing and justifiable cause demonstrated using the approved form. The Village Manager is authorized to grant, in writing, any subsequent permit extensions, for periods not to exceed 180 days. Any subsequent extensions shall be in writing and justifiable cause demonstrated using the approved form. (Refer to Village's Annual Fee Resolution,[1] and Section 14-2-3 of the Village Code)."

Section 105.6.1 Work commencing before permit issuance.

Delete all and insert "Any person who commences work before obtaining the necessary permits shall be subject to twice the permit fees."

Section 105.6 Fees.

Delete in its entirety.

Add (new section) 105.6 Schedule of permit fees.

Delete all and insert "On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the Village's Annual Fee Resolution."

And insert lines (A, 1 through 3) as follows:

"A.	A fee for each plan examination, building permit and inspection shall be paid prior to the issuance of permit(s) in accordance with the following schedule:
	"1.	Building permit fees are set forth in the Village's Annual Fee Resolution. Whenever the cost of construction is a factor in determining a permit or plan review fee, the valuation of building projects shall be established based on the greater of:
		"a.	The cost of construction established by the International Code Council (ICC) and published on its website. The most current schedule shall be used based upon ICC published data; or
		"b.	The cost of construction as stated by the applicant or agent on the application for the relevant permit.
	"2.	Building plan review fees are set forth in the Village's Annual Fee Resolution. Further, an Amendment Form is required to be submitted detailing the changes for any revisions from previously approved plans. For building plans that have been previously reviewed, and the permit issued, any revisions to the building plan that, based upon the changes proposed require the review of two or more disciplines, a plan review fee for the Amendment Form is set forth in the Village's Annual Fee Resolution.
	"3.	Recovery of Third-Party Costs. The Village may recover all third-party vendor and consultant fees incurred by the Village for plan reviews and subsequent inspections even if/when a permit is/was never issued."

Section 105.6.1 Fee refunds.

Delete all and insert "The Building Official is authorized to establish a refund policy."

Section 107.4 Violation penalties.

Delete all and insert "Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law or as set forth in the Village's Annual Fee Resolution."

Section 107.5 Stop-work orders.

Delete all and insert "Upon notice from the Building Official that work is being performed contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's authorized agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine as set forth in the Village's Annual Fee Resolution."

Section 108 Board of Appeals.

Delete in its entirety and insert new section title 108 Appeals.

Add (new section) 108.1 General.

Insert lines (A, 1 through 3, B and C) as follows:

"A.	Any person shall have the right to appeal a decision of the Building Official to the Village Manager. A letter for appeal shall be based on a claim for one of the following three reasons:
	"1.	That the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted; or
	"2.	The provisions of this code do not fully apply; or
	"3.	An equivalent or better method of construction is proposed.
"B.	All appeals shall be filed within 30 days of the decision of the Building Official.
"C.	The Village Manager shall affirm, modify, or reverse the decision of the Building Official."

Section 108.1.1 Application for appeal.

Delete all and insert "Any permittee who is served with a stop-work order shall have the right to appeal the issuance of the stop-work order to the Village Manager, by filing a written appeal within seven days after the issuance of the stop-work order. The Village Manager shall, within seven days after receipt of the properly filed appeal, either (a) affirm the issuance of the stop-work order, or (b) rescind or modify the stop-work order. The failure of the Village Manager to render a decision within seven days shall be deemed as an affirmance by the Village Manager of the issuance of the stop-work order. All decisions of the Village Manager made pursuant to this Section 108.1.1 shall be final."

Section 305.1 General.

Delete all and insert "The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Lockable safety covers are not a substitute for the five-foot-tall barrier requirement. All swimming pools shall comply with Sections 305.2 through 305.7 as well as Chapter 15, Article III, Part C, Yards, Allowable Obstructions, Section 3.13, Fences and natural screening, Subsection (11), Fence types and height in residential districts, (e) and (f) as well as Table 3.10.01 Permitted Obstructions in Yards."

Section 305.2.1 Barrier height and clearances.

Delete all and insert "Barrier heights and clearances shall be in accordance with all of the following:

"1.	The top of the barrier shall be not less than 60 inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of three feet measured horizontally from the outside of the required barrier.
"2.	The vertical clearance between grade and the bottom of the barrier shall not exceed two inches for grade surfaces that are not solid, such as grass or gravel, where measured on the side of the barrier that faces away from the pool or spa.
"3.	The vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed four inches where measured on the side of the required barrier that faces away from the pool or spa.
"4.	Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade."

Section 305.4 Structure wall as barrier.

Delete all and insert "Where a wall of a dwelling or structure serves as part of the barrier and where doors or windows provide direct access to the pool or spa through that wall, one of the following shall be required:

"1.

Operable windows having a sill height of less than 48 inches above the indoor finished floor and doors shall have an alarm that produces an audible warning when the window, door or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017. In dwellings or structures not required to be accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located 54 inches or more above the finished floor. In dwellings or structures required to be accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches and not less than 48 inches above the finished floor.

"2.

An approved means of protection, such as self-closing doors with self-latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by Item 1."

Section 305.5 Onground residential pool structure as a barrier.

Delete all and insert "Refer to amended Section 305.2.1"

Chapter 4 Public Swimming Pools

Delete all Sections 401 through 412 and insert "All public swimming pools shall be designed in accordance with the Illinois Swimming Facility Act, 210 ILCS 125/1 et seq., the Swimming Pool Safety Act, 210, ILCS 130/1 et seq., and the Illinois Administrative Code Part 820 Swimming Facility Code including all Subparts A through G, as well as the Illinois Plumbing Code, most current edition, and the Illinois Accessibility Code, most current edition."

Chapter 5 Public Spas and Public Exercise Spas

Delete all Sections 501 through 509 and insert "All public spas and public exercise spas shall be designed in accordance with the Illinois Swimming Facility Act, 210 ILCS 125/1 et seq., the Swimming Pool Safety Act, 210, ILCS 130/1 et seq., and the Illinois Administrative Code Part 820 Swimming Facility Code including all Subparts A through G, as well as the Illinois Plumbing Code, most current edition, and the Illinois Accessibility Code, most current edition."

Chapter 6 Aquatic Recreation Facilities

Delete all Sections 601 through 609 and insert "All aquatic recreation facilities shall be designed in accordance with the Illinois Swimming Facility Act, 210 ILCS 125/1 et seq., the Swimming Pool Safety Act, 210, ILCS 130/1 et seq., and the Illinois Administrative Code Part 820 Swimming Facility Code including all Subparts A through G, as well as the Illinois Plumbing Code, most current edition, and the Illinois Accessibility Code, most current edition."

International (Private) Swimming Pool and Spa Code Section	Change
Section 101.1	Insert: "Village of Lincolnwood"

[1]

Editor's Note: See Ch. A25, Fees.