A.
This chapter shall constitute and be known
as the Bloomington 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 and electrical wiring and appliances, including
mechanical ventilation and natural lighting and maintenance of all
buildings or structures within the corporate limits of the City, shall
be carried out in conformity herewith.
B.
The requirements contained in this chapter,
covering the maintenance of buildings, shall apply to all buildings
or structures now existing or hereafter erected. 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.
C.
This section shall not be construed as
permitting the removal or non-maintenance of any previously authorized
or required devices or safeguards unless authorized in writing by
the Director of Economic & Community Development.
[Ord. No. 2017-96; 8-10-2020 by Ord. No.
2020-53]
A.
In the event of any conflict: between or
among any Codes adopted in this article; or between any Code adopted
in this article and any other provision of Bloomington City Code;
or between any Code adopted in this article and any provision of any
Code adopted by any other provision of Bloomington City Code; or between
any Code adopted in this article and any provision of State law, the
provision setting the highest standard for health and safety shall
prevail.
B.
Decisions of representatives of the Department
of Economic & Community Development under this section shall be
reviewable by the Board of Appeals as provided in this chapter.
[Ord. No. 2017-96; 8-10-2020 by Ord. No.
2020-53]
[Amended by Ord. No. 2017-96; 8-10-2020 by Ord. No. 2020-53; 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted for the purpose of establishing minimum regulations governing the design, construction, alteration, enlargement, repair, removal, demolition, equipment installation, use and occupancy, location, conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits, collection of fees and penalties, a Building Code known as the International Building Code 2018 edition, including Appendix Chapters C and J, as 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 Article IV of this chapter, of which Code not less than one copy has been and now is filed in the office of the Clerk of the City of Bloomington. 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 property, buildings and structures within the corporate limits of the City.
B.
In addition to the one copy of the International
Building Code 2018, which has been on file in the office of the City
Clerk of the City, for use and examination by the public, at least
one copy of said Code shall be kept on file in the office of the Economic
& Community Development Department for public inspection.
[Amended by Ord. No. 2017-96; 8-10-2020 by Ord. No. 2020-53; 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted the 2018 edition of the International Residential Code for One- and Two-Family Dwellings, including Appendix Chapters E, F, H, I, J, K, O and Q, as published by the International Code Council Inc. for the purpose of regulating and governing the construction alteration, movement, enlargement, replacement, repair, equipment, location, their appurtenances and accessory structures, or maintenance of building, mechanical, and electrical systems, removal and demolition of detached one and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress in the City of Bloomington; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code of which not less than one copy has been and now is filed in the office of the Clerk of the City of Bloomington, are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, set forth in Article V of this chapter.
B.
In addition to the one copy of the International
Residential Code for One- and Two-Family Dwellings - 2018, on file
in the office of the City Clerk, at least one copy of said Code shall
be kept on file in the office of the Department of Economic &
Community Development for public inspection.
[Added 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted by the City Council for the purpose of regulating and controlling the design, construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas in the City of Bloomington, the International Swimming Pool and Spa Code, 2018, as published by the International Code Council, Inc. Save and except such portions as are deleted, modified or amended in Article VII of this chapter, of which Code not less than one copy has been and now is on file in the office of the Clerk of the City of Bloomington.
B.
All references to the "Board of Appeals," "Board" or similar references shall be considered as references to the Building Board of Appeals established in Bloomington City Code Chapter 2, § 2-302, and § 10-212 of this chapter, unless a contrary reference is clearly intended by context of the reference.
[Amended by Ord. No. 2017-96; 8-10-2020 by Ord. No. 2020-53; 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted by the City Council for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems, including heating systems, ventilation systems, cooling systems, steam and hot water heating systems, hydronic piping, boiler and pressure vessels, appliances using gas, liquid or solid fuel, chimneys and vents, mechanical refrigeration systems, fireplaces, solar systems, barbecues, incinerators, and crematories in the City of Bloomington, the International Mechanical Code, 2018, as published by the International Code Council, Inc. Save and except such portions as are deleted, modified or amended in Article VII of this chapter, of which Code not less than one copy has been and now is on file in the office of the Clerk of the City of Bloomington. 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 the design, construction, quality of materials, erection, installation alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems, including heating systems, ventilation systems, cooling systems, steam and hot water heating systems, hydronic piping, boiler and pressure vessels, appliances using gas, liquid or solid fuel, chimneys and vents, mechanical refrigeration systems, fireplaces, solar systems, barbecues, incinerators, and crematories.
B.
In addition to the one copy of the International
Mechanical Code, 2018, which has been on file in the office of the
Clerk of the City of Bloomington, for use and examination by the public,
at least one copy of said Code shall be kept on file in the office
of the Economic & Community Development Department for public
inspection.
C.
All references to the "Mechanical Board of Appeals," "Board of Appeals," "Board" or similar reference shall be considered as references to the Building Board of Appeals established in Bloomington City Code Chapter 2, § 2-302, and § 10-212 of this chapter, unless a contrary reference is clearly intended by context of the reference.
[Amended by Ord. No. 2014-07; 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted the 2018 edition of the International Fuel Gas Code, regulating and governing fuel gas systems and gas-fired appliances in the City of Bloomington; providing for the issuance of permits and collection of fees therefor; That a certain document, one copy of which is on file in the office of the City of Clerk of the City of Bloomington, being marked and designated as the International Fuel Gas Code, 2018 edition, including Appendix Chapters A, B, C and D, as published by the International Code Council, be and is hereby adopted as the Fuel Gas Code of the City of Bloomington, and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code on file in the office of the City Clerk of the City of Bloomington are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in Article VIII of this chapter.
B.
All references to the "Mechanical Board of Appeals," "Board of Appeals," "Board" or similar reference shall be considered as references to the Building Board of Appeals established in Bloomington City Code Chapter 2, § 2-302, and § 10-212 of this chapter, unless a contrary reference is clearly intended by context of the reference.
[Amended by Ord. No. 2014-07; 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted the 2018 edition of the International Fire Code, at least one copy of which is on file in the office of the City Clerk of the City of Bloomington, being marked and designated as the International Fire Code, including Appendix Chapters B, C, D, E, F and G, as published by the International Code Council, be and is hereby adopted as the code of the City of Bloomington for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Bloomington and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such International Fire Code, 2018 edition, published by the International Code Council, on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Article IX of this chapter.
[Amended by Ord. No. 2014-07; 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted the 2018 edition of the International Existing Building Code, regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, in the City of Bloomington; providing for the issuance of permits and collection of fees therefor, at least one copy of which is on file in the office of the City Clerk of City of Bloomington, being marked and designated as the International Existing Code, 2018 edition, including Appendix A, B and C as published by the International Code Council, and each and all of the regulations, provisions, penalties, conditions and term of said Existing Building code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Article X of this chapter.
[Amended by Ord. No. 2014-07; 10-12-2020 by Ord.
No. 2020-67]
A.
There is hereby adopted for the purpose of establishing minimum regulations governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems; providing for the issuance of permits, collection of fees and penalties, an energy code by the name of the International Energy Conservation Code, 2018 edition, as published by the International Code Council, Inc., and the whole thereof, hereinafter referred to as International Energy Conservation Code, save and except such portions as are deleted, modified or amended in Article IV of this chapter, of which Code not less than one copy has been and is now filed in the office of Clerk of the City of Bloomington. The provisions of said Code are hereby adopted and incorporated as fully as if set out at length and provisions thereof shall be controlling in regard to all property, buildings and structures within the corporate limits of the City.
[Ord. No. 2011-58]
[Ord. No. 2011-58]
The penalty for violating any provision
of any of the Codes adopted by reference into this chapter shall be
as provided in the Code violated; if the Code violated fails to specify
a penalty, the penalty shall be a fine not to exceed $500. The penalty
for violating any other provision of this chapter shall be a fine
not to exceed $500. A separate offense shall be deemed committed each
day that a violation exists or continues.
A.
There is hereby created a Building Board
of Appeals consisting of nine members. The members of the Board shall
be individuals who are qualified by experience and training to decide
upon matters pertaining to building construction and shall have the
specific qualifications of each discipline set forth in this section.
Three members shall represent general construction, and two members
each shall represent the disciplines of mechanical construction, electrical
construction and plumbing.
(1)
General construction. A general construction
representative must be a licensed architect, licensed structural engineer,
an individual having a minimum of a Master's degree in construction
technology or related field, or an individual having a minimum of
five years of experience in general construction.
(2)
Mechanical construction. A mechanical construction
representative must be a licensed mechanical engineer or a licensed
HVAC contractor with a minimum of five years of experience in HVAC
installation and maintenance.
(3)
Electrical construction. An electrical
construction representative must be a licensed electrical engineer
or a licensed electrical contractor with a minimum of five years of
experience in electrical installation and maintenance, or a graduate
of a U.S. Department of Labor electrical apprenticeship program with
a minimum of five years of experience in electrical installation and
maintenance.
[Amended 10-12-2020 by Ord. No. 2020-67]
(4)
Plumbing construction. A plumbing construction
representative must be a licensed plumber with a minimum of five years
of experience in plumbing or an individual with a minimum of a Bachelor's
Degree in environmental science.
B.
The Mayor, with the consent of the City
Council, shall make appointments to the Building Board of Appeals.
The initial board shall consist of representatives appointed for staggered
terms with three representatives each appointed to serve a two, three,
or four-year term. Effective May 1, 2014, a person appointed to the
Board shall serve a term of three years. This term may be extended
after the three years for no more than two additional three-year terms.
Members of the Board shall serve no more than three consecutive three-year
terms (a total of nine years). The Board shall designate one of its
members to serve as Chairperson. The Chairperson shall serve a one-year
term and may be reappointed. The Director of Economic & Community
Development or his designee shall serve as an advisor to the Board
and may act as its Secretary. Vacancies among Board members shall
be filled for the unexpired term in the same manner as original appointments.
[Ord. No. 2017-96; 8-10-2020 by Ord. No.
2020-53]
C.
The Building Board of Appeals shall have
the following functions:
(1)
To hear and decide all appeals from rulings or determinations made by the Director of Economic & Community Development or department staff pursuant to this chapter, Chapter 15, (the Electrical Code), or Chapter 34, (the Plumbing Code). In any appeal pertaining to general, mechanical, electrical or plumbing construction, at least one board member representing the discipline at issue must attend and participate in the appeal hearing and deliberations, unless such participation would be prohibited by law. In the event a board member from the discipline at issue is unavailable, the appeal shall be continued in an expeditious manner to a date upon which a representative from the discipline at issue and quorum of the Board can be present.
[Ord. No. 2017-96; 8-10-2020 by Ord. No.
2020-53]
(2)
To hear appeals related to applications
for HVAC and electrical contractor licenses. In any such appeal, at
least one board member representing electrical construction must attend
and participate in the appeal hearing and deliberations.
(3)
To conduct hearings on revocation or suspension
of licenses, or the levying of fines against licensees.
(4)
To serve as the "Board of Appeals" as that term is used in the various International construction codes adopted by the City of Bloomington. All appeals of decisions and determinations made under the International Property Maintenance Code or Chapter 45 of this Code shall be heard and reviewed by the Property Maintenance Board of Review as provided in that Chapter.
(5)
To examine and review background, general practical knowledge, prerequisites and qualifications required to sit for the practical examinations for electricians and mechanical contractors as required in this chapter and Chapter 15 of this Code.
(6)
To recommend to the City Council reasonable
rules and regulations governing the issuance of permits by the Director
of Economic & Community Development Department under this chapter.
[Ord. No. 2017-96; 8-10-2020 by Ord. No.
2020-53]
(7)
To recommend to the City Council reasonable
fees to be paid for the inspections performed by personnel of the
Economic & Community Development Department of the City of Bloomington
under this chapter.
[Ord. No. 2017-96; 8-10-2020 by Ord. No.
2020-53]
(8)
To perform such other duties as may be
given or assigned by the City Council.
(9)
The Building Board of Appeals, in concurrence
with the Director of Economic & Community Development, shall have
the authority to provide for experimental programs or pilot studies,
including studies which would allow for the installation of materials
or methods which are otherwise prohibited by City of Bloomington ordinance.
In determining whether to approve such studies or pilot programs,
the Building Board shall consider the health and safety of the residents
of the City of Bloomington, the likely future use of the product or
method sought to be used, and the expected benefit of the intended
material or method. Any program or study approved shall be limited
in duration and scope such that a reasonable assessment can be made
of the material or method. The Director of Economic & Community
Development shall report regularly to the Building Board of Appeals
on the effectiveness of such material or method approved for a pilot
program or study.
[Ord. No. 2017-96; 8-10-2020 by Ord. No.
2020-53]
D.
Quorum. Five members of the Board shall
constitute a quorum. All decisions shall require an affirmative vote
of a simple majority of the Board members present. No member of the
Board shall consider or vote on any question in which he, or any corporation,
limited liability company, or other legal entity in which he is a
shareholder, is financially interested to an extent greater than other
persons, firms or corporations performing or in business to perform
comparable work.
E.
Meetings and records. Meetings of the Board
shall be held bi-annually, or at the call of the Chairperson or such
other times as the Board may determine. All hearings before the Board
shall be open to the public. The Board shall keep minutes of its proceedings,
showing the vote of each member on every question. If a member is
absent or fails to vote, the minutes shall so indicate. The Board
shall also keep records of its other official actions. Such minutes
and such records shall be public records.
F.
Appeal procedure.
[Ord. No. 2018-89; 8-10-2020 by Ord. No.
2020-53]
(1)
Application for appeal. Any application
for appeal shall be made within 10 days from the date of the decision
appealed from, by filing with the Director of Economic & Community
Development a Notice of Appeal specifying the grounds for the appeal.
The Director of Economic & Community Development shall transmit
to the Board of Appeals the Notice of Appeal and all papers or documents
on which the matter appealed from was based.
(2)
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 as set
forth in the Schedule of Fees, payable to the City of Bloomington.
Each additional petition in a multiple petition shall be charged a
fee as set forth in the Schedule of Fees.
(3)
Decision of the Board of Appeals. The Board
of Appeals shall in every case reach a decision without unreasonable
or unnecessary delay. Every decision of the Board shall be in writing
and shall promptly be filed in the office of the Director of Economic
& Community Development and served either by personal delivery
or regular mail on the party initiating the appeal.
(4)
If a decision of the Board of Appeals reverses
or modifies a decision of the Director of Economic & Community
Development, the Director of Economic & Community Development
shall take action immediately in accordance with such decision. The
decision of the Board shall be final, subject only to judicial review.
G.
Rules and regulations. The Board may establish
rules and regulations for its own procedure not inconsistent with
the provisions of this chapter.
[Ord. No. 2017-96]
