HomeMy WebLinkAboutOrd 4893 10/01/1997 ORDINANCE NO. 4893
AN ORDINANCE AMENDING CHAPTER 21 ENTITLED
"BUILDING CODE" IN ITS ENTIRETY
- Passed and approved by
the President and Board of Trustees
the 7th day of October , 1997
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
7th dayof October , '1997.
BP/caf
9/29/97
ORDINANCE NO. 4893
AN ORDINANCE AMENDING CHAPTER 21 "BUILDING CODE"
OF THE VILLAGE CODE OF MOUNT PROSPECT
IN ITS ENTIRETY
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Chapter 21 entitled "Building Code" of the Village Code of Mount
Prospect, as amended, is hereby further amended in its entirety; so that hereaiter said Chapter 21
of the Village Code of Mount Prospect shall be and read as follows:
"ARTICLE I
ENACTMENT AND SCOPE
SECTION:
21.101. Purpose
21.102. Scope
21.103. BOCA National Building Code Adopted
21.104. International Mechanical Code Adopted
21.105. Illinois Plumbing Code Adopted
21.106. CABO One and Two Family Dwelling Code Adopted
21.107. National Electrical Code Adopted
21.10g. Special Regulations for Buildings Containing Four or More Stories
21.109. Special Requirements for Existing Use Groups R-1 and R-2
21.110. Filing Requirements
21.111. Miscellaneous Provisions
See. 21.101. Purpose.
The purpose of this Chapter is to provide for safety, health and public welfare through structural
strength and stability, means of egress, adequate light and ventilation and protection to life and
property fi.om fire and hazards incident to the design, construction, alteration, removal or demolition
of buildings and structures in the Village limits.
See. 21.102. Scope.
The provisions of this Chapter apply to the construction, alteration, equipment, use and occupancy,
location, maintenance of and additions to buildings and structures and to appurtenances such as but
not limited to vaults, areaways and street encroachments herea~er erected and, where expressly
stated, exisfmg on land or over water; and to buildings and structures and equipment for the operation
thereofherea~er moved or demolished within the corporate limits of the Village. The provisions of
this Chapter based on occupancy also apply to conversions of existing buildings and structures or
portions thereof fi.om one occupancy classification to another.
See. 21.103. BOCA National Building Code Adopted.
For the purpose of establishing rules and regulations for the construction, alteration, removal,
demolition, equipment, use and occupancy, location and maintenance of buildings and structures,
there is hereby adopted the 1996 Edition of the BOCA National Building Code promulgated by the
Building Officials and Code Administrators International, Inc., together with all appendices, except
such portions thereof as are hereinafter expressly deleted, modified or amended.
A. While the 1996 Edition of the BOCA National Building Code and all appendices have
hereinabove been adopted, the following exceptions thereto (consisting of certain
deletions and changes) shall control wherever the said exceptions are applicable or are
in conflict with certain other provision of the said BOCA Code.
1. Section 101.1- Insert: (JURISDICTION) - VILLAGE OF MOUNT
PROSPECT
2. Section 112.3.1 - Insert: (APPROPRIATE SCHEDULES) - Refer to Article
V - FEES, BONDS AND DEPOSITS - of the Village of Mount Prospect
Building Code
3. Section 116.4 - Insert: (OFFENSE) - Misdemeanor, (AMOUNT) $1,000.00,
(NUMBER OF DAYS) - 30 Days
4. Section 117.2 - Insert: (DOLLAR AMOUNTS IN TWO LOCATIONS) One
Hundred (100) Dollars and One Thousand (1,000) Dollars
5. Delete Section 118.0 (CERTIFICATE OF OCCUPANCY) in its entirety.
6. Delete the text fi.om Section 121.0 (MEANS OF APPEAL) in its entirety and
add new Section 121.1 as follows:
Application for appeal: Any person shall have the tight to appeal to the
Village Manager from a decision of the code official 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. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or an
equivalent form of construction can be used.
7. Add new definition of "Fire Official" in Section 202.0 (GENERAL
DEFINITIONS) to read as follows:
Fire Official: The chief of the fire department or of the fire prevention bureau
or duly authorized representative appointed by the authority having
jurisdiction.
8. Amend the text in Table 302.1.1 (SPECIFIC OCCUPANCY AREAS) to
include the following:
a. Room or area: All use groups: Paint shops in buildings other than Use
Group F and laboratories employing hazardous materials in quantities
less than that which would cause classification as Use Group H. Waste
and soiled linen collection rooms and chute termination rooms.
Separation/protection: 1 hour and automatic sprinkler system.
b. Room or area: Use Group I: Laundry area, handicraf~ shops, kitchens
and employee locker rooms, gift/retail shops and laboratories
employing hazardous quantities less than that which would cause
classification as Use Group H.
Separation/protection: 1 hour and automatic sprinkler system.
2
9. Amend Section 307.0 (HIGH-HAZARD USE GROUPS) by adding the
following new Subsection 307.1.2:
307.1.2 - Restricted locations: Except as otherwise specifically provided for
herein, buddings of Use Group H shall not be located within 1000 feet of the
nearest wall ora building classified in Use Group A, I or R.
10. Amend Subsection 403.1 (HIGH-RISE BUILDINGS - Applicability) as
follows:
Change "75 feet (22860 mm)" to read "35 feet (10670 mm)".
11. Amend Subsection 407.4 (PRIVATE GARAGES -Attached to rooms) as
follows:
Change % inch" to read "5/s inch, type X gypsum".
12. Amend Subsection 407.5 (PRIVATE GARAGES - Door sills) as follows:
Change "4" (102 mm)" to "6" (153 mm)".
13. Amend Subsection 707.1 (FIRE WALLS AND PARTY WALLS - General)
as follows:
Change the wording "any approved noncombustible" to read "solid or hollow
masonry units or of plain or reinforced concrete"
14. Amend Subsection 707.6 (FIRE WALLS AND PARTY WALLS - Continuity
of walls) as follows:
Delete the following wording "except as provided for in Sections 707.6.1
through 707.6.4."
15. Amend Subsection 1014.9 (Stairway construction) by adding the following
new Subsection 1014.9.2:
1014.9.2 Smoke Hatches: An approved smoke hatch shall be installed
at the top of all interior stairwells in non-residential buildings.
16. Amend Section 707.0 (FIRE WALLS AND PARTY WALLS) by deleting
Subsections 707.6.1,707.6.2, 707.6.3, and 707.6.4.2 in their entirety.
17. Amend Subsection 1608.3 (Ground snow loads) as follows:
1608.3 Ground snow loads: The 100-year mean recurrence interval shah be
used for all buildings and structures. The Village of Mount Prospect shall be
considered to be in the thirty (30) pound-force per square foot catego~ in
Figure 1608.3(2). The snow load design used for temporary buildings shall be
approved by the Building Official.
18. Amend Subsection 1609.3 (Basic wind speed) to read as follows:
1609.3 Basic wind speed: The basic wind speed, in miles per hour, to be used
within the Village of Mt. Prospect for buildings and structures shall be 90 mph
as determined by Figure 1609.3.
19. Amend Subsection 1808.3 (Wood foundations) to read as follows:
1808.3 Wood foundations: Wood foundations are hereby prohibited.
3
20. Amend Section 1811.0 (MASONRY-UNIT FOOTINGS) by deleting
Subsections 1811:1 and 1811.2 in their entirety. Add new Subsection 1811.1
to read as follows:
1811.1 Masonry - unit footings: Masonry - unit footings are hereby
prohibited.
21. Amend Section 1812.0 (FOUNDATION WALLS) by adding the following
Subsection:
1812.1.1 Construction: All foundation walls shall be of monolithically poured
concrete.
22. Amend Section 3006.3 (Accessible elevators) by adding the following new
subsection 3006.3.1:
3006.3.1. All passenger elevators shall have a minimum interior width
or depth of at least 84 inches.
23. Section 3408.2 - Insert (DATE) - the date of adoption of this ordinance.
Sec. 21.104. International Mechanical Code Adopted.
The 1996 Edition of the International Mechanical Code, promulgated by the International Code
Counc'd, is hereby adopted in its entirety, except such portions thereof as may be expressly deleted,
modified or amended by this Chapter 21 of the Municipal Code of Mount Prospect.
A. While the 1996 Edition of the International Mechanical Code and all appendices have
hereinabove been adopted, the following exceptions thereto (consisting of certain deletions
and changes) shall control wherever the said exceptions are applicable or are in conflict with
certain other provision of the said Code.
1. Crawl spaces shall not be utilized for return air plenums.
2. All interior gas piping shall be malleable black iron. Flexible connectors shall only be
utilized for the installation of movable appliances, and shall not pass through any floor
or wall assembly.
3. Unvented appliances shall be allowed only by special permission.
See. 21.105. Illinois Plumbing Code Adopted.
The 1993 Edition of the Illinois Plumbing Code and all amendments, promulgated by the Illinois
Department of Public Health, is hereby adopted in its entirety, except such portions thereof as may
be expressly deleted, modified or amended by this Chapter 21 of the Municipal Code of Mount
Prospect.
A. While the 1993 Edition of the Illinois Plumbing Code and all appendices have here'mabove
been adopted, the following exceptions thereto (consisting of certain deletions and changes)
shall control wherever the said exceptions are applicable or are in conflict with certain other
provision of the said Code.
1. Add new Section 890.560 - Flood Control Systems:
a. Sewer Pipe: All sewer pipe in a flood control system shall be either schedule
4
40 PVC plastic with solvent weld joints, or schedule 26 PVC "O" ring pipe,
or service weight cast iron.
b. loints and Connections Subject to Back Pressure: The sewer pipe connections
at, er the backwater valve shall be encased in not less than 8 inches of concrete
to prevent failure of the connection during backpressure conditions.
c. By-Pass Ejector Sump: In installations with bypass ejector pumps, the pit shall
be either cast iron or fiber glass. The discharge pipe shall either be schedule
80 PVC with threaded joints, galvanized iron with threaded joints, or type M
copper with soldered joints.
d. By-Pass Ejector Pump Discharge Size: The minimum size pipe for ejector
pumps shall be 2 inch.
e. By-Pass Piping to Sump: Bypass piping shall be piped from the overflow
fitting in the building sewer to discharge directly into the sump pit. Open tees
shall not be considered as a direct connection. All sumps shall be provided
with approved metal covers.
f. Power for Ejector Sumps: A separate circuit shall be provided for all ejector
sumps.
g. Vaults for Flood Control Systems: All vaults for flood control systems shall
conform to the following specifications:
(1) A minimum ora 64 inch diameter concrete pad, 6 inches in thickness
on a minimum of 4 inches of sand base. The pad inside the vault shall
have a troweled finish with pitch toward the sump pit for drainage.
(2) The vault shall consist of 48 inch diameter precast concretesections,
4 inches thick, set in a bed of Class I mortar. The inside and outside
of the vault base shall have Class I mortar wedges. The joints between
barrel sections shall be made watertight with 1 inch rope tar.
(3) A Neenah R-1712 forged frame and lid shall be provided, with the
word "SANITARY" on the lid, or approved equal.
(4) Provide Neenah R-1981-1 cast iron steps or approved equivalent 16
inches on center.
(5) Provide precast concrete rings, ASTM C-478-64T. Adjust to
maximum 12 inches.
2. Any floor drain installed below grade shall be no less than four inches in diameter.
3. The following piping systems shall be installed only with the materials listed below:
a. Building sewer: SDR 26, gasketed push-joint clay, cast iron. Six inch
minimum diameter outside building.
b. Underground drain, waste and vent: Cast iron, schedule 40 PVC.
c. Aboveground drain, waste and vent: Cast iron, galvanized iron, DWV copper,
schedule 40 PVC.
d. Underground water supply: Type K copper, ductile iron. One inch minimum
diameter for service.
5
e. Aboveground water supply: Type K or L copper, galvanized iron, brass,
stainless steel.
4. Where a building contains a floor, basement or cellar with plumbing fixtures below
grade, the sewer shall be run overhead, and all below grade plumbing fixtures shall
drain to an approved sanitary ejector pit.
5. Grease interceptors that exceed 40 gallons in liquid holding capacity shall not be
installed inside the building. All exterior grease interceptors shall have a minimum
liquid holding capacity of 1000 gallons.
6. All floor drains installed in interior vehicle parking areas, including residential garages,
shall drain to an approved triple basin interceptor.
7. All new or remodeled car wash facilities shall be equipped with an approved water
recycling system.
Sec. 21.106. CABO One and Two Family Dwelling Code Adopted.
For the purpose of establishing rules and regulations for the fabrication, erection, construction,
enlargement, alteration, repair, location and use of detached one and two family dwellings, their
appurtenances and accessory structures, there is hereby adopted the 1995 edition of the One and Two
Family Dwelling Code, promulgated by the Council of American Building Officials, together with all
appendices thereof, except such portions thereof as are hereinafter expressly deleted, modified or
amended.
A. While the 1995 Edition of the CABO One and Two Family Building Code and all appendices
have hereinabove been adopted, the following exceptions thereto (consisting of certain
deletions and changes) shall control wherever the said exceptions are applicable or are in
conflict with certain other provision of the said Code.
1. Delete all references to wood foundations.
2. Delete all references to masoray foundations.
3. Delete Section R-803.3, "Particleboard" in its entirety.
4. Amend Section R-103, "Scope" by removing the words "and one-family townhouses".
5. Amend Section R-304, to read as follows:
Minimum Floor Area Requirements.
a. Minimum floor area requirements, houses; except as otherwise provided by
ordinance, minimum floor areas of houses and rooms therein shall meet the
following standards:
(1) Minimum floor areas - total structures: the minimum floor area for the
total structure of building shall be:
Type of Structure Minimum area sa. f.
One story ranch house ................................... 1,000
Split level or raised ranch house ........................... 1,000
One and one-half story house ............................... 950
Two story house ......................................... 800
The foregoing minimum floor area shall be measured at the first floor on the
main floor level from the outside of exterior walls.
(2) Minimum floor areas - living dining and cooking rooms: the minimum
floor area requirements for living, dining and cooking rooms shall be:
Type of room Minimum area sq. fi.
Living and dining when in one room ................................................ 310
Living only in one room when dining room space is provided
In kitchen or separate room ............................................................. 220
Kitchen cooking only (including area occupied by equipment) ......... 100
Kitchen and dining when dining space is not provided elsewhere.....200
Kitchen and laundry (including area occupied by equipment) ...........140
Kitchen, dining and laundry .............................................................. 200
Utility room (including area occupied by eqiupment ......................... 100
Kitchen, laundry and utility .............................................................. 200
(3) Minimum floor areas - sleeping rooms: the minimum floor area
requirements for sleeping rooms shall be:
Type of room Minimum area sq. fit.
Mai or bedroom ................................................................................. 140
Second bedroom ............................................................................... 120
Additional bedroom .......................................................................... 100
(4) 1Vfinimum floor areas - other rooms: the minimum floor requirements
for other rooms shall be:
Type of room Minimum area sq. fi.
Major bathroom ................................................................................. 40
Master bedroom closet ....................................................................... 14
Other bedroom closets (at least one each) ........................................... 10
All other habitable rooms not herein-above set forth ......................... 100
lXr~mimum floor area for the foregoing shall be measured from the inside of all
finished walls.
6. Amend Section 309. "Garages" by adding the following subsection:
R-309.4 Minimum Construction Requirements:
a. Garages attached or built into residential buildings.
(1) The construction of garages attached or built into and made a part of
residential construction shall be of the same quality as required for the
dwelling to which the garage is attached.
(2) All floors of attached or built-in garages shall be six inches (6") below
the grade of the floor of which it is attached or a part thereof and shall
be pitched a minimum of one and one-half inch (11/2'') from the rear
of the garage towards the vehicle door. Floor drains shall not be
allowed in the garage.
(3) There shall be no interconnection between a house's forced air heating
system and a garage. Return air registers in the garage which are
connected to the house's heating system are prohibited.
(4) All walls and ceilings of an attached garage must have a minimum of
one-hour fire rating. Where a gable roof is used, a one-hour fire
resistive bulkhead shall be established in the attic space directly above
7
and continuous from the interior one-hour fire resistive garage wall.
Service doors common to both the dwelling and the garage shall be a
minimum of 13/4'' solid wood door or approved equivalent. All doors
must fit in the frame so that air cannot pass freely around the door
when in a closed position. Doors must be provided with wood or
metal thresholds.
b. Detached garages.
(1) Location of detached garages on lots shall conform to requirements
of the Mount Prospect Zoning Ordinance.
(2) Concrete floor not less than four inches (4") thick reinforced with #10
wire screen over a base of crashed stone or sand at least four inches
(4") in depth. Base to be placed on undisturbed soil. The floor shall be
pitched a minimum of one and one-half inches (11/2") fi.om the rear of
the garage towards the vehicle door. Floor drains shall not be allowed
in the garage.
Footings for frame garages shall be of not less than twelve inches
(12") wide and not less than twelve inches (12") in depth around
entire perimeter of slab. Footings for brick garages shall be concrete,
not less than three and one-half feet (31/2') below grade and not less
than twelve inches (12")wide and eight inches (8") thick. Foundation
walls shall be a minimum of eight inches (8") thick. Footings shall be
placed on firm soil free of organic matter.
(3) Sill plates of treated lumber connecting the walls to the floor shall be
bolted to the foundation. Bolts shall be not less than one-half inch (u")
in diameter and spaced at six foot (6') centers and not more than one
foot (1') from each comer. Bolts shall extend into the concrete eight
inches (8") or more.
(4) Wall studs shall be spaced at not more than sixteen inches (16") on
center and securely fastened to the bottom plate which shall be bolted
to the floor. A double top plate shall be required and all wall studs and
plates shall be a minimum of two inches by four inches (2" x 4").
Doubling of studs shall be required at all comers and jambs of
openings more than three feet (3') in width.
(5) Each comer is to be wind-braced outward from the top in two (2)
directions to a minimum of six feet (6') from comer at the bottom
plate. Wind bracing shall be a minimum of one inch by four inches (1"
x 4") and notched into the studding.
(6) All roof ratters must be at least two inches by six inches (2" x 6") and
spaced not more than sixteen inches (16") o.c. Ridge board shall be
required and of a size not less than two inches by six inches (2" x 6").
Ceiling ties of at least two inches by six inches (2" x 6") spaced evenly
at maximum six (6) foot centers and a minimum of three (3) collar ties
not less than one inch by six inches (1" x 6") at not more than four
foot (4') centers are required on all common ral~ers spans more than
twelve feet (12') in width.
(7) A minimum of one service door not less than two feet six inches by six
feet eight inches (2'6" x 6'8") shall be required on all garages. At least
one operable window with an area of at least five (5) square feet shall
be installed.
(8) The maximum garage door height shall be eight ft. (8').
(9) Roof sheathing of not less than one-half inch (u") thick exterior grade
plywood or one inch (1") thick nominal size rough sawn sheathing.
7. Amend Section R-310.1 - Exit Required: by changing the words "one exit" to "two
exits".
8. Add Section 404.2.1. Trench foundations: Trenched concrete foundations shall be
constructed using the following criteria.
a. Allowable only on sln~le story structures less than 1200 square feet.
b. IVEnimum wall thickness shall be ten inches (10") with bottom flared out at a
1 to 1 angle for four inches (4") on each side.
c. Minimum of two (2) #5 Rebars - one, six inches (6") from bottom and one,
six inches (6") from top, shall be placed the entire length of the trenched
foundation. (Ord. 4512, 1-5-93)
Sec. 21.107. National Electrical Code Adopted.
The 1996 Edition of the National Electrical Code, promulgated by the National Fire Protection
Association, is hereby adopted in its entirety, except such portions thereof as may be expressly
deleted, modified or amended by this Chapter 21 of the Municipal Code of Mount Prospect.
A. While the 1996 Edition of the National Electrical Code and all appendices have hereinabove
been adopted, the following exceptions thereto (consisting of certain deletions and changes)
shall control wherever the said exceptions are applicable or are in conflict with certain other
provision of the said Code.
1. The materials referenced in the following Articles are hereby prohibited:
a. Article 320 - Open Wiring on Insulators
b. Article 321 - Messenger Supported Wiring
c. Article 324 - Concealed Knob-and-Tube Wiring
d. Article 330 - Mineral-Insulated, Metal-Sheathed Cable
e. Article 331 - Electrical Nonmetallic Tubing
f. Article 333 - Armored Cable
g. Article 334 - Metal-Clad Cable
h. Article 336 - Nometallic-Sheathed Cable
I. Article 338 - Service-Entrance Cable
j. Article 342 - Nonmetallic Extensions
k. Article 349 - Flexible Metallic Tubing
1. Article 352 B. - Surface Nonmetallic Raceways
2. All interior line voltage wiring shall be installed in an approved raceway.
3. All above-grade exterior wiring and service conductor wiring shall be installed in
Rigid or I/VIC conduit.
4. All low voltage phone and alarm wiring in non-residential applications shall be
installed in conduit where such wiring is rendered inaccessible by finish materials, or
where subject to physical damage.
5. All thermostat-control and doorbell wiring in residential applications shall be installed
in conduit where such wiring is rendered inaccessible by finish materials.
6. All conduit installations in wet/damp locations shall utilize threaded or compression
9
fittings, and shall terminate in weatherproof boxes.
7. All fasteners, clamps, straps and supporting devices shall be listed and approved for
their installation.
8. All ceiling boxes in habitable areas of residential buildings shall be listed and approved
for ceiling fan installations.
9. All conductors shall be of solid or stranded copper.
10. Ail branch circuit conductors shall be connected to devices such as switches and
receptacles by the means of the screw terminals provided on these devices.
11. Ail non-dedicated receptacles within six feet of any sink shall be protected by a
ground-fault circuit interrupter.
12. The following residential appliances shall be supplied with a dedicated branch circuit:
a. Furnace/heating plant.
b. Thru-wall heating/air conditioning units.
c. Built-in microwave ovens.
d. Sump and ejector pumps.
13. There shall be no more than ten receptacles installed on a fifteen amp branch circuit.
There shall be no more than fifteen receptacles installed on a twenty amp circuit.
14. All attic ventilators shall be provided with a fused disconnect within five feet of the
fan motor. The fiases shall be rated at 150% of the full load amp rating of the motor.
15. All plug-together, or modular wiring shall be allowable only upon specific approval.
16. An approved grounding electrode shall be installed at each parking lot/street lighting
pole.
17. An in-line fuse holder shall be installed in each parking lot/street lighting pole. The
fuse holder shall be located in an approved hand-hole.
Sec. 21.108. Special Regulations for Buildings Containing Four or More Stories.
The purpose of these regulations is to provide additional requirements for fire and life safety to new
high rise buildings. The following code requirements are in addition to the code sections of the BOCA
National Building Code 1996, Section 403.0 High Rise Buildings.
A. Elevators; Fire Service.
1. A three (3) position (on, off and by-pass) key shall be provided at the main floor for
each single elevator and for each group of elevators. This key switch shall be located
in the left doorjamb of the elevator entrance. Where there is more than one elevator,
the left elevator shall have the switch. The keyed switch shall be located not less than
six feet six inches (6'6") above finished floor and approximately four inches (4") below
the headjamb.
2. A keyed switch shall be provided in or adjacent to the operating panel of each
elevator. The switch, when operated, shall put the elevator on emergency service.
3. Power operated doors shall remain closed when the elevator stops at any landing
except the main floor until opened by continuous pressure on a door-open button
switch. As soon as the door-open button switch is released, the doors shall
l0
automatically redose.
4. Where mechanical-electrical safety edge devices are installed on the leading edge of
the car doors, these devices shall remain operative and doors may be maintained in
open position by operation of device. Any feature that may cause doors to redose
after being held in a predetermined time shall be disconnected.
5. Keys required to call or operate elevators shall be kept in a conspicuous location at
the main floor as approved by the Fke Prevention Bureau. The elevator key box shall
have a lock-type cover which can be opened by the Fire Department's alarm box key.
The box shall contain a separate key for each elevator within the group.
6. Every group of elevators in a building subject to the provisions of this Section 21.107
shall be available for fire department emergency service. In buildings where there are
several groups of elevators and where individual key switches are provided to cause
cars to return to the main floor, this arrangement is satisfactory provided that a
separate key box is provided for each group of elevators.
7. Immediately adjacent to the fire department's return switch in the car station, a push
button shall be provided to cancel ail registered calls when the elevator is on fire
department's control. The button shall be marked "Fke Control". This button shall not
be required if all car calls are canceled when the car makes its first stop.
B. Emergency Lighting Circuits: Emergency lighting circuits shall be provided for all exit signs
and in all corridors, stairwells, basements, assembly rooms and any other public area.
C. Smoke Hatches and Approved Roof Access Ladders: Smoke hatches and approved access
ladders shall be provided in ail stairways. Such hatches shall be activated manually and by
automatic smoke detection devices.
EXCEPTION: In smoke proof towers or prescribed stairwells, smoke detector
activation shall not be required.
Sec. 21.109. Special Requirements for Existing Use Groups R-1 and R-2.
The owners of existing Use Groups K-1 and R-2 within the Village of Mount Prospect shall comply
with the following requirements:
A. Self Closers: Doors between dwellings and corridors shall be self-closing. The self-dosing
device shall be of an approved type.
B. Smoke Detector: An approved single station smoke detector, battery powered, shall be
installed in an approved manner in every dwelling unit. When activated, the detector shall
initiate an alarm which is audible in the sleeping rooms of that unit.
C. Emergency Lighting: All Use Groups R-1 and R-2 with twenty six (26) or more dwelling
units shall have emergency lighting. All emergency lighting shall be in accordance with BOCA
National Building Code 1996, section 1024.4.
D. Maintenance: The owner or occupant shall be responsible for maintaining the smoke detector
in an operative condition at ail times.
Sec. 21.110. Filing Requirements.
Not less than three (3) copies of the codes adopted by reference hereinabove and as set forth in
Sections 21.103, 21.104, 21.105 and 21.106 of this Chapter are on file in the Office of the Village
Clerk, and are hereby adopted and incorporated as fully as if set out at length herein, and the
provisions thereof shall be controlling the construction and maintenance of all buildings and
structures to the extent specified therein within the corporate limits of the Village.
A. In the event any of the provisions of any of the above named codes are in conflict with either
this Building Code or the Zoning Ordinance of the Village, this Building Code and such
Zoning Ordinance shall prevail, and the conflicting provisions of those other codes
hereinabove adopted by reference shall be of no effect.
B. The term "Code Official" as used in any of the above adopted codes shall mean the Director
of Community Development.
Sec. 21.111. Miscellaneous Provisions.
A. Any provision of this Chapter shall be deemed to supplement and otherwise void any existing
building ordinances. Should any two (2) provisions conflict, the more restrictive one shall
govern.
B. Any existing State laws or revisions thereto pertaining to the erection, maintenance or
occupancy of buildings and structures are hereby made a part of this Chapter. Should any
provisions in the State laws conflict with a similar provision of this Building Code, the local
ordinance shall govern.
C. If any chapter, article, section or paragraph, or any part or parts of any chapter, article,
section or paragraph of this Chapter is declared invalid or unconstitutional, it shall not be held
to invalidate or impair the validity, force or effect of any other chapter, article, section or
paragraph or any part or parts of any other chapter, article, section or paragraph of this
Chapter.
ARTICLE II
GENERAL PROVISIONS
SECTION:
21.201. Director of Community Development; Duties and Powers
21.202. Deputies of the Department of Community Development
21.203. Building Permit Requirements
21.204. Issuance of Building Permit
21.205. Demolition of Buildings
21.206. Relocation of Buildings
21.207. Abandoned Equipment
21.208. Use of Village Water
21.209. Use of Streets for Building Purposes
21.210. Street Obstruction Permit Fees; Deposits, Bonds
21.211. Elevator Permits
21.212. Suspension of Permits
21.213. Compliance with Building and Zoning Codes
21.214. Zoning Restrictions
21.215. Inspections
21.216. Right to Enter Premises
21.217. Stop Orders
21.218. Certificate of Occupancy
21.219. Existing Buildings
21.220. Dangerous or Incomplete Buildings and Nuisances
21.221. Building on Unimproved Lots
21.222. General Lot Grade Maximums and Minimums.
21.223. Foundation Grades and Rules.
21.224. Subdivision Grade Plans.
21.225. Conformity with Lot Grading Plan.
12
21.226. Compliance Required Prior to Occupancy Permit.
21.227. Altering Grade Levels.
21.228. Sidewalks
21.229. Trees
21.230. Night Construction
21.231. Burden of Proof
21.232. Appeals
Sec. 21.201. Director of Community Development; Duties and Powers.
The Director of Community Development shall be head of the Department of Community
Development, and shall have the following duties:
A. To devote his whole time to the duties of his office.
B. To receive all applications required under this Building Code, issue permits, and furnish the
certificates prescribed by this Building Code.
C. To examine premises for which permits and certificates have been issued and to make
necessary inspections to see that there has been compliance with all provisions of' this Building
Code and other applicable ordinances of the Village, and that such construction is proceeding,
and is completed, in accordance with the plans for which a building permit has been issued.
D. To enforce all of the provisions of this Building Code and such other ordinances for the
Village as may, from time to time be committed to the jurisdiction of the Department of
Community Development for administration and enforcement.
E. To make, when requested by proper authority, or when the public interest requires it,
investigations in connection with matters referred to in this Building Code and to render
written reports on the same.
F. To secure necessary safeguards during construction.
G. To issue such notices or orders as may be necessary to administer and enforce this Building
Code, and such other ordinances as may be committed to the jurisdiction of the Department
of Community Development.
H. To make inspections required under the provisions of this Building Code or any other
ordinances of the Village committed to the jurisdiction of the Department of' Community
Development.
I. To keep comprehensive records of applications, of permits and certificates issued, of
inspections made, of reports rendered, and of notices of orders issued. The Director of
Community Development shall retain on file copies of required plans and blueprints relating
to building work, subject to the following:
1. Plans and blueprints may be preserved photographically or on microfilm as provided
by statute, and the file copies of such plans and blueprints may be destroyed by the
Director of Community Development upon proper application to the Local Records
Commission of Cook County, Illinois. The retention or destruction of all public
records shall conform to the provisions of this Municipal Code of Mount Prospect,
and the Local Records Act of the State of Illinois (50 Illinois Compiled Statutes
205/7).
2. All such records shall be open to public inspection for good and sufficient reasons at
the stated office hours of the Department of Community Development, but no such
records shall be removed from the office of the Department of Community
Development without the written consent of the Director of Community
Development.
J. To make written reports to the Village Manager at least monthly, and more often when
required, including statements of permits issued and orders promulgated.
Sec. 21.202. Deputies of the Department of Community Development.
The Village Manager, the Chief of the Police Department, the Fire Chief and the Village Attorney are
q4
hereby ex officio Deputies of the Department of Community Development, and shall aid the Director
of Community Development in administering and enforcing the provisions of this Code.
Sec. 21.203. Building Permit Requirements.
A. It shall be unlawful to proceed with erection, construction, alteration, repair, removal,
demolition or excavation for any building or structure or make any change in plumbing,
heating or electrical piping, air-conditioning or appurtenance; or to alter the grade of any lot
or to occupy a portion of a street or alley before the proper permits for such work or
occupancy have been obtained fi.om the Department of Community Development. Any person
beginning work prior to obtaining a permit for such work shall be subject to the penalty as
indicated in subsection 21.1103C of this Code.
B. Building permits are issued with the understanding that construction shall start within sixty
(60) days a~er issuance of the permit and to be carried to completion within one year. If
building operations are not started within sixty (60) days after issuance of the permit, or if
aider building operations have been started, such operations shall cease for a period of thirty
(30) days, or if the building is not completed and an occupancy permit issued within one year
of the date of the issuance of the permit, such building permit shall automatically expire and
the permit fee and the proceeds of all the bonds, shall be forfeited to the Village per Section
21.524. However, if owner can show good cause for failure to start or continue operations,
or inability to carry building to completion within one year, the Director of Community
Development of the Village may reinstate such permit with further payment of an additional
permit fee. Applicant shall cause permit to be obtained within thirty (30) days after written
notice of application approval by the Director of Community Development. Failure of
applicant to obtain said permit within thirty (30) days aider written notice of approvai will
cause application to be voided. Nothing in this Section shall prevent the Village Manager, in
cases where it is evident fi.om the outset that the project will not be completed in one year,
fi.om issuing a permit with an expiration date beyond one year provided that no permit shall
be issued with an expiration date longer than two (2) years.
C. In no case may a building permit be granted for the construction of any accessory building
such as a garage or shed on any lot until the principal building is under construction. No
permit shall be granted for so-called "shell or skeleton" buildings which are hereby defined
to mean building or structures which are not completed or finished at the time of occupancy.
D. Application for a permit is to be made on a form furnished by the Department of Community
Development and must be accompanied by the following documents, namely; plans,
specifications, structural calculations, plats, certificates, bonds and estimates of costs as
hereafter specified:
1. Four (4) sets of plans and specifications shall be submitted. Upon approval, one set
to be le~ on file with the Department of Community Development, one other, at~er
being property stamped by the Director of Community Development, to be kept on
the job while the work is in progress.
2. It shall be unlawful to alter any lines or figures shown on the stamped permit plans.
If during the progress of work, owner desires to deviate in any manner fi.om the
permit plans, he shall submit plans in duplicate of such changes and secure written
approval fi.om the Director of Community Development before proceeding with the
work.
3. Plans and specifications must be signed and sealed by a licensed architect or structural
engineer as proved in An Act to Provide for the Licensing of Architects and to
Regulate the Practice of Architecture as a Profession and to Repeal Certain Acts
Therein-Named, approved June 24, 1919, or as amended, commonly known as The
Illinois Architectural Act and in An Act to Revise the Law in Relation to the
Regulation of the Practice of Structural Engineering, approved June 24, 1919 as
15
amended.
4. An Illinois licensed architect or structural engineer shall certify on all sheets of plans
that the plans and specifications were prepared by him and comply with all of the
requirements of the Building and Zoning Codes of the Village.
5. Architectural plans shall show all of the floors, at least two (2) elevations, wall
erections and necessa~ flaming plans and shall be drawn to a scale of not less than
one eighth of an inch to one foot (1/8" = 1') on paper in ink or a nonfading print of
same, showing in detail any and all information on construction, ventilation and
sanitary requirements, the sewage and plumbing systems as required by this Code, and
all distances and dimensions, including distances from building to front, side and rear
lot lines and any other details as requested by the Director of Community
Development. The specifications shall set forth the grade of materials used and
worhnanship. In addition, the plans shall show the dimensions ora sufficient area for
the installation of water meter and ready accessibility thereto at all times.
6. Structural, mechanical and electrical plans must be provided in addition to
architectural plans for any building or structure of fireproof, semi-fireproof or mill
construction or any building of unusual construction, structural design or mechanical
use. Structural calculations shall be signed and sealed by an Illinois licensed structural
engineer. Plans for engineered systems such as but not limited to trusses, TJIs or
laminated beams shall be designed by and sealed by an Illinois licensed structural
engineer.
7. Plans for a fixed fire suppression system where required shall be submitted.
8. A survey drawn by an Illinois licensed land surveyor, giving the full legal description
and showing the dimensions of lot to be improved, the location and size of sewer and
water mains, the street, sidewalks, hydrants, trees, other obstructions and lot grades
shall be permanently filed with the Department of Community Development. A
licensed architect, civil engineer or a land surveyor shall prepare a plot plan showing
the location of buildings and all improvements on the lot. Existing and proposed grade
elevations adjacent to buildings along all lot lines and within fitty feet (50') of the lot
lines shall be shown on the plot plan.
9. The estimated cost of proposed work shall be shown on the application for permit.
The Director of Community Development may accept such estimate of cost or he may
require a sworn affidavit of estimate of cost from the architect, or he may make such
estimate of cost to determine the amount of building permit fee.
Sec. 21.204. Issuance of Building Permit.
A. The issuance of building permits shall not affect the necessity of obtaining other relevant
permits requked elsewhere in the Municipal Code of the Village, such as streets and
sidewalks, street use, driveways, excavations, barricades, water service, sewers, plumbing,
electrical as well as other specific and relevant provisions of this Code requiring permits in
connection with such construction projects. No building permit shall be issued until other
required permits have been approved.
1. It shall be unlawful for any person to proceed with any work until such permit is
prominently posted and displayed on the premises or structure for which it was issued
and must remain so displayed until removed by the Director of Community
Development, after final inspection of said premises.
2. It shall be the duty of the contractor to see that the building permit remains on the
building or structure until after final inspection, and failure to maintain said permit
poster shall render the contractor subject to the penalties herein.
B. The Director of Community Development shall accept or reject application for permit within
twenty two (22) days of the filing of the application. In the event of refusing to issue a permit,
the Director of Community Development shall give applicant the reason for such refusal in
writing.
C. The Director of Community Development shall process applications promptly, but the said
Director shall not be obliged to process more than five (5) applications from any one
contractor during one calendar week Tuesday through Monday.
D. Any person malting application for a building permit shall, at the time of making application
and in consideration of the issuance of such permit by the Village, agree as part of the
improvement to be erected, to construct public sidewalks along the front and in case of corner
lots along the side of such premises that do not have good useable sidewalks and to replace
such broken and unrepakable sections of existing public sidewalk as the Village shall
designate and to repair and patch any such sections of public sidewalk which are broken or
cracked but which are repairable, whether or not such breaks or cracks occur before or after
construction of such building; such public sidewalks shall be built or repaired to comply with
the ordinance and other requirements of the Village relating to construction of public
sidewalks and shall be constructed under the supervision and subject to the approval of the
Villagea.
1. The grade at which such public sidewalk or sidewalks shall be constructed shall be in
conformance with the approved plot plan.
2. In addition to the foregoing provisions, each applicant shall make a deposit with the
Village Treasurer for the construction of public sidewalks, the sum as set out in
Section 21.319 of this Chapter.
3. No certificate of occupancy for such premises need be granted by the Village unless
and until such public sidewalk shall be constructed or repaired and found acceptable
by the Engineering Division of the Village.
E. Whenever an application for a permit to construct or alter a building or structure within the
Village is made and the Director of Community Development finds that the proposed building
or structure is of such value, design, material or location that it will result in a substantial
impairment or destruction of value in neighboring real estate owned by the inhabitants of this
Village and if it further finds that the use of the particular design, material or location
proposed, or substantially similar ones, is not reasonably essential to the development of the
property proposed to be built or altered, the Director of Community Development may refuse
to issue the permit. Any appeal from such decision shall be made in accordance with Section
21.225 of this Chapter.
Sec. 21.205. Demolition of Buildings.
A. No building or other structure shall be demolished, razed or wrecked unless a permit is first
obtained therefor from the Director of Community Development.
B. Application for a demolition permit as required in subsection A above shall be made to the
Director of Community Development and accompanied by the following:
1. A description of the proposed building or structure to be wrecked, its location, nature
of construction, method and procedure of its proposed demolition and reason
therefor.
2. A cash deposit and bond as provided for in Section 21.518 of this Code.
1. See Chapter 9 of this Code.
17
3. Releases from all utilities serving the premises stating that their respective services
have been disconnected and terminated in a safe and approved manner.
4. Such other information as may be required by the Director of Community
Development such as a site plan.
C. The Director of Community Development shall issue such demolition permit when he finds
that the application and the proposed operations fully comply with all provisions of this Code,
including the prior issuance of any other permits, such as street obstruction permits, etc.
D. All demolition, razing and wrecking operations carded on under permit shall conform to the
following requirements:
1. The provisions of 740 Illinois Compiled Statutes 150/1 through 150/9, as amended,
relating to the protection and safety of persons in and about construction and removal
of buildings.
2. All provisions of this Code respecting safety procedures to be used in occupying
streets and making excavations, including lighting, guard railing, temporary sidewalks
and proper scaffolding.
3. Rubble causing dust so as to cause a nuisance shall be adequately sprinkled.
4. Except as to buildings no more than two (2) stories in height and wholly of wood
frame construction, no more than one story at a time shall be wrecked. No wall,
chimney or other construction shall be allowed to fall en masse on an upper floor.
Bulky material, such as beams and columns, shall be lowered and not allowed to fall.
5. Chutes for the removal of materials and debris shall be provided in all parts of
demolition operations that are more than twenty feet (20') above the point where the
removal of material is affected. Such chutes shall be completely enclosed. They shall
not extend in an unbroken line for more than twenty five feet (25'), but shall be
equipped at intervals of twenty five feet (25) or less with substantial stops to prevent
descending material from attaining dangerous speeds. The bottom of each chute shall
be equipped with a gate or stop, with suitable means for dosing or regulating the flow
of material.
6. All pits, holes or other areas below street grade shall be filled and leveled. All
abandoned foundations, stuctures and debris shall be removed and the premises left
in a safe condition.
E. The foregoing provisions to the contrmy notwithstanding, where a permit for new
construction has been issued on the premises where such demolition, razing or wrecking is
to occur, upon satisfactory arrangements being made with the Director of Community
Development, the requirements of subsection B2 and D6 of this Section shall not apply.
Sec. 21.206. Relocation of Buildings.
A. It shall be unlawful to move any building onto or over a public street or alley without first
obtaining a permit from the Department of Community Development, for such. The
application shall contain:
1. A description of the size and height of the building to be removed.
2. A description of the route to be taken upon removal to the place of relocation.
3. A description of any wiring, post, etc., as well as any other appurtenances that will
require removal and replacement.
18
4. Copies of releases from public utilities.
5. Copies of permits issued by the State Highway Division and/or Cook County Division
of Highways, if applicable.
B. Af~er consideration by the Chief of Police, the Village Engineer and the Director of the
Department of Public Works, if the moving of the said building appears feasible, the permit
will be issued, provided that in addition to the payment of the moving permit fee, a cash bond
for street obstruction shall be filed with the Director of Community Development.
C. The permit fee for the moving of a building or structure and cash bond for street obstruction
shall be as provided for in Article V of this Chapter.
D. Buildings or structures moved from their original location to a new location within the
corporate limits of the Village shall be made to comply throughout with the Building and
Zoning Codes both as to construction and use.
See. 21.207. Abandoned Equipment.
A. All abandoned mechanical, plumbing and electrical equipment, piping or devices and below-
grade structures shall be removed in their entirety.
See. 21.208. lJse of Village Water.
Permission shall be obtained from the Director of Public Works for water to be used for construction
purposes. The fee for such water used shall be twice the Village water rate.
See. 21.209. IJse of Streets for Building Purposes.
A. It shall be unlawful to cause an excavation to be made in street, parkway or alley, or to
occupy any portion of any street or alley for the storage of building materials intended for use
in the construction or remodeling ora building or structure unless a street obstruction permit
has first been obtained from the Director of Community Development. The permit shall
terminate upon the completion of the building.
B. No such building material shall be so placed as to render inaccessible any fire hydrant, water
valve, manhole or obstruct the natural water drainage of any street, nor shall more than
one-half(,/~) of the width of the street immediately in front of the property be so obstructed.
The extent of the use of the streets or alleys for this purpose shall be at the discretion of the
Director of Public Works.
C. It shall be unlawful to mix mortar, concrete or any other materials upon the surface of
sidewalks or street pavement.
D. Any person to whom a street or alley obstruction permit is issued, shall place sufficient lighted
warning lanterns and barricades as determined by the Director of Public Works dearly
showing any excavation or pile of material to the public, and shall maintain such lanterns
during the whole of every night for as long as the street is used for storage of any material.
Such warning lanterns and barricades shall also be maintained in connection with the moving
of a building.
E. As determined by the Director of Public Works, any person who shall cause any excavation
to be made in any street, parkway, alley or within six feet (6') of a street, sidewalk or alley,
shall erect and maintain a substantial barricade railing around same and place sufficient light
warning lanterns clearly showing the barricade to the public and maintain them during the
whole of every night for as long as excavation exists.
F. In the event that sufficient warning lanterns are not provided or properly maintained around
such material, excavation or building that is being moved, the Department of Public Works
may place and maintain the required lanterns, charging for this service at the rate of twenty
five dollars ($25.00) per day or any fraction thereof. This charge shall be deducted from
deposits as required in Section 21.512.
Sec. 21.210. Street Obstruction Permit Fees; Deposits, Bonds.
No street, alley, parkway or other public property shall be obstructed without a special permit first
having been secured from the Director of Community Development, as provided in Section 21.510
of this Chapter.
Sec. 21.211. Elevator Permits.
A. It shall be unlawful to construct, install or alter any elevator in any building without first
obtaining a permit from the Department of Community Development.
B. The application for a permit shall specify the number and kind of equipment it is desired to
install, or the nature of the alteration to be made and the location of the building, structure
or premises, and shall be accompanied by such drawings and specifications as shall be
necessary to inform the Director of Community Development of the same. If such drawings
and specifications show that the equipment is to be installed or altered in conformity with the
building provisions of this Code, the Director of Community Development shall approve the
same and shall issue a permit to such applicant upon the payment by such applicant of the
permit fee herein named. It shall be unlawful for any agent, owner or contractor to permit or
allow the installation or alteration of any such equipment until a permit has been obtained and
the permit fee paid.
C. Permit fees for elevator installation or alteration shall be as set out in Section 21.514 of this
Chapter.
D. Every elevator now or hereafter in operation, together with hoistway equipment, shall be
inspected by the Director of Community Development or his duly authorized agent twice each
year. In no case shall any new equipment be placed in operation until inspection of same has
been made. It shall be the duty of every owner, agent, lessee and/or occupant of any building
wherein such equipment is installed and of the person in charge or in control of such
equipment to permit the making of an elevator inspection and all devices used in connection
therewith upon demand being made by the Director of Community Development within five
(5) days from the date such demand is made.
E. Wherever any elevator has been inspected and the tests herein required shall have been made
of all safety devices with which such equipment is required to be equipped and the result of
such inspection and tests show such equipment to be in good working condition, and that
such safety devices are in good working condition and in good repair, it shall be the duty of
the Director of Community Development, upon the payment of the inspection fee required
by this Code, to issue or cause to be issued, a certificate setting forth the result of such
inspection tests and containing the date of inspection, the weight which such equipment will
safely carry and a statement to the effect that the shal~ doors, hoistway and all equipment,
including safety devices, comply with all applicable provisions of this Code. It shall be the
joint and several duty of the owner, agent, lessee or occupant of the building in which such
equipment is located to flame the certificate and place the same in a conspicuous place in each
elevator. The words "safe condition" in this Section shall mean that it is safe for any load up
to the approved weight named in such certificate.
Sec. 21.212. Suspension of Permits.
At any time for reasonable cause, consistent with the provisions of this Chapter, any permit issued
pursuant to the terms of this Article may be revoked by the Director of Community Development.
Appeal of the suspension of a permit may be made to the V'fllage Manager pursuant to Section 21.232
of this Article.
2O
Sec. 21.213. Compliance with Building and Zoning Codes.
A. It shall be unlawful to construct, erect, enlarge, remodel, alter or repair any building or
structure in violation of the Building or Zoning Codes. Violators of any of the provisions or
requirements of the Building Code shall be subject to the general penalties as provided for
herein.
B. In connection with the construction of any new building or structure the person obtaining a
permit shall submit to the Director of Community Development immediately after the
installation of the foundation and footings of said building or structure, a spot survey bearing
the certificate of an Illinois licensed land surveyor which said spot survey shall set forth the
exact location of the said foundation and footings in relation to the lot lines and said
registered surveyor's certificate that the same are in compliance with all Village ordinances
and regulations applicable thereto. The spot survey shall also include the elevations of the top
of foundation. Construction work cannot proceed until said spot survey has been received and
approved by the Director of Community Development. Nothing contained herein eliminates
any of the requirements set forth in Section 21.215 hereof.
Exception: Additions to existing single family residential buildings in which a survey was
presented prior to the issuance of the permit.
Sec. 21.214. Zoning Restrictions.
The restrictions of the Zoning Code with respect to the location of trades and industries, the use and
occupancy of buildings, the height and bulk of.buildings and the areas of yards, courts and open
spaces shall not be deemed to be modified by any provisions of this Code, and such restrictions shall
be controlling except where this Code imposes more stringent restrictions, in which case the
provisions of.this Code shall take precedence.
Sec. 21.215. Inspections.
A. It shall be unlawful to proceed with the construction of any building for which a permit is
issued unless the contractor makes application to the Department of Community Development
for inspections in each of the following instances:
1. When ready for footing to be poured;
2. When foundation is ready to be poured;
3. Before foundation is backfilled and drain tile is covered;
4. When sewer and/or water installation is ready;
5. When stack is installed;
6. When rough plumbing is installed;
7. When electrical piping and wiring have been installed;
8. When rough framing is completed;
9. When insulation is installed;
10. When ready to pour basement floor;
11. When all work is completed and prior to the issuance of the certificate of occupancy
pursuant to Section 21.218 herein.
B. All requests for inspections shall be requested by telephone or on blanks supplied by the
Department of Community Development.
C. Whenever the contractor or builder proceeds with work without requesting an inspection as
above set forth, he shall be required to uncover all closed work to enable proper inspection
of work performed, and failure of contractor to procure inspection as above provided, will
subject him to the penalties provided for in this Code.
Sec. 21.216. Right to Enter Premises.
The Director of Community Development and his duly authorized inspectors shall in the discharge
of their official duties and upon the presentation of the proper identification, have authority to enter
any building, structure or premises whether occupied, completed or in the process of construction,
at any reasonable hour when such entry is necessary for the performance of any duty imposed upon
the Director of Community Development by the provisions of this Building Code, or of any other
ordinance the administration or enforcement of which is committed to the jurisdiction of the
Department of Community Development. It shall be unlawful for any person to interfere with or
hinder or prevent the Director of Community Development or his duly authorized inspectors from
performing any of the duties imposed upon them by Article II of the Building Code, and any such
person who shall so interfere, hinder or prevent the Director of Community Development or his duly
authorized inspectors shall be fined no less than twenty five dollars ($25.00) nor more than five
hundred dollars ($500.00).
Sec. 21.217. Stop Orders.
A. In accordance with Section 4.302 of the Municipal Code, in case of violation of any of the
provisions of this Code, the Director of Community Development shall serve on the owner
of the property in question a written notice of such violations, and in the event that the work
or condition continues, he shall issue a stop order on all construction work.
22
B. The Director of Community Development or his duly authorized agent is hereby authorized
to stop work without first giving notice when either:
1. It appears that the public health and safety shall be endangered by the continuance of
said work; or
2. The work commenced without the prior issuance of necessary permits as required in
this Municipal Code.
C. Stop order signs, when posted for cause, may be removed only by the Director of Community
Development or inspectors of the Department of Community Development. Removal of such
sign or performing other than corrective work pursuant to such notice shall be deemed a
violation of this Article and the contractor and men working in disregard of such posted
notice shall be subject to the penalties imposed by this Chapter.
See. 21.218. Certificate of Occupancy, Certificate of Completion.
A. No building hereinafter erected, enlarged or altered, shall be occupied or used, in whole or
in part, until a certificate of occupancy or certificate of completion shall have been issued by
the Director of Community Development certifying that such building or part thereof
conforms to the provisions of the Building Code and other applicable codes of the Village.
B. Every application for a building permit shall be deemed to be an application for an occupancy
certificate or completion certificate. A certificate of occupancy will pertain to all new
structures to be inhabited, or for changes in use or occupancy. A certificate of completion
will pertain to minor remodeling of occupied buildings, or for construction work that does
not relate to occupancy, such as driveways, decks, sheds, etc.
1. Single-Family Dwelling Building Permits. No occupancy certificate shall be issued
unless and until the entire residence or residential structure or addition thereto shall
have been completed; and then, such occupancy certificate shall only be issued
pursuant to the ordinances of the Village.
2. Multiple-Family Dwelling Building Permits. No occupancy certificate shall be issued
unless and until any apartment unit or units of such building or addition thereto,
shown by the plans and specifications of the permittee as an "area", or an entire floor
of the building or addition thereto shall have been completed and adequate safety
measures provided pursuant to subsection B4 below.
3. Commercial and Industrial Building Permits. No occupancy certificate shall be issued
unless and until any unit or units of such building or addition thereto, shown by the
plans and specifications of the permittee as an "area" or suite to be treated as such
unit, shall have been completed and adequate safety measures provided pursuant to
subsection B4 below.
4. Safety Precautions. In each instance where an occupancy certificate is requested for
other than an entire building or addition to an existing building, the permittee shall
have first provided and shall continue to maintain during the remaining construction
to be done on said premises and until an occupancy certificate has been issued for
every part of such building:
a. Fully completed ingress to and egress from the unit or units for which the
occupancy certificate is sought in order not to jeopardize the life or property
of the general public or any resident of such building;
b. Complete and total quarantine and isolation of all areas or units in the said
building for which an occupancy certificate has not been issued;
c. Separate ingress to and egress from areas under construction so as to keep
23
workmen and building materials from the completed units of such building.
C. No certificate of occupancy shall be issued hereunder for the occupancy of any building
constructed or altered after the enactment of these regulations unless the building has been
constructed or altered in compliance with the provisions of these regulations. Upon making
final inspection of any construction work for which a permit is required, the Director of
Community Development may execute a document indicating that such final inspection has
been made and that he found no violation of the provisions of these regulations in connection
therewith, but such document shall be in no way a certificate or statement that the work has
been properly done in compliance with these regulations and shall not be considered as an
assurance that the work has been so properly done.
D. The Director of Community Development may post a notice in each building immediately
upon completion of plastering or applying sheet rock that the building or part thereof is not
to be occupied until an occupancy certificate has been issued. Such notice is not to be
removed by anyone except the Director of Community Development or inspectors under his
jurisdiction, and then only after final inspection indicating compliance with the applicable
provisions of this Chapter. It shall be the duty and responsibility of the contractor to maintain
said notice. The removal of such sign by anyone other than specified herein shall constitute
a violation of the provisions of this Article and the contractor and every other person
removing said notice shall be subject to the penalties provided herein.
E. Any person who erects or constructs any house, dwelling place, business building or
establishment, or any other type of building or establishment, or any other type of building or
structure within the Village pursuant to a building permit issued by the Director of
Community Development shall, before transferring possession to the whole or any part of
such building or structure to any other person for any use as a dwelling, business
establishment, or for any other purpose, secure a certificate of occupancy from the Director
of Community Development certifying that such building or structure conforms to all the
applicable provisions and requirements of the Building Code and the Zoning Ordinance.
F. No occupancy certificate for building or part of a building or an addition to an existing
building shall be issued nor shall such building or addition be occupied until the premises have
been inspected and certified by the office of the Department of Community Development to
be in compliance with all of the applicable performance standards of this Chapter. An
occupancy certificate shall be issued, or written notice shall be given to the applicant stating
the reasons why a certificate cannot be issued, not later than seven (7) working days after the
office of the Department of Community Development is notified in writing that the building
or premises is ready for occupancy.
G. Nothing in this Section shall be construed so as to be in conflict with or as to allow waiver
of full compliance with all of the ordinances of the Village.
See. 21.219. Existing Buildings.
A. Nothing in this Code shall require the removal, alteration or abandonment of, nor prevent the
continuance of the use and occupancy of a lawfully existing building, except as may be
necessary for the safety of health, life and/or property. Upon written request from the owner,
the Director of Community Development, at~er verification by the inspection that the building
complies with the provisions of this Code and Zoning Code, shall issue a certificate of
occupancy for such building.
B. No change of occupancy or use shall be made in a building that is inconsistent with the last
issued certificate of occupancy for such building, unless the Director of Community
Development finds upon inspection that such building conforms substantially to the provisions
of this Building Code and the Director of Community Development finds that such building
conforms to the Zoning Ordinance with respect to the proposed new occupancy and use.
C. Any building or structure, or portion thereof, that has been damaged by reason of decay, fire
24
and/or other cause, when the cost of restoration work does not exceed one-half(l/2) of the
estimated fair value of the building or the structure proposed to be restored, shall have the
restoration work done in compliance with the provisions of the Building Code. The
undamaged portions of the building may be retained in its original condition.
D. Any building or structure, or portion thereof, damaged by reason of decay, fire, or other
cause, more than one-half(l/z) of the estimated value aforesaid shall, when restored, be made
to comply throughout with the provisions of the Building and Zoning Codes.
E. When any building or portion thereof has suffered damage by reason of decay, fire or
otherwise to a structural condition which renders said building unsafe; and the owner does
not take immediate action to eliminate the dangerous condition, the Director of Community
Development shall instruct the Department of Public Works to brace, wreck or otherwise
eliminate the said dangerous condition. The cost of such work shall be paid by owner.
F. The estimated value referred to in this Section shall be determined by the Director of
Community Development.
Sec. 21.220. Dangerous or Incomplete Buildings and Nuisances.
A. Any building or parts thereof which have been allowed to deteriorate to a dangerous
condition and incompleted buildings and excavations for buddings on which work has stopped
for a period of more than thirty (30) days are hereby to be declared public nuisances.
B. If, after the Director of Community Development has served a notice on the owner of the
property to remedy the condition or nuisance, he fails to take the necessary action within ten
(I0) days to correct the nuisance, the Village will pursue remedies under this Code and law.
Sec. 21.221. Building on Unimproved Lots.
No permits shall be issued for the erection of buildings for habitation on any lot or parcel of land
within the V'fllage unless a highway, road or street or way for public service facilities improved with
pavement, water mains and sanitary sewers meeting Village specifications is provided to serve said
lot or parcel of land.
Sec. 21.222. General Lot Grade Maximums and Minimums.
Grading shall be completed on each lot such that the overland water flow is directed away from all
sides of the foundation. Unless otherwise approved by the Village Engineer all lot grades shall be a
minimum of two percent (2%) and a maximum of ten percent (10%). If steeper slopes are approved,
sodding, retaining walls or other special treatments may be required to protect the slopes.
Sec. 12.223. Foundation Grades and Rules.
A. All foundation grades shall be established in such a manner as to achieve the free, natural and
unobstructed flow of surface water.
B. The Director of Community Development shall from time to time promulgate detailed rules,
not inconsistent with this Article, for the purpose of determining foundation elevations. Such
rules shall become effective by filing same in the office of the Village Clerk and shall then
have the force and effect of an ordinance of the Village.
C. Every application for a building permit shall show the foundation elevation and set forth a
grading plan for the proposed construction, determined in accordance with this Article and
rules established pursuant thereto. No building permit shall be issued unless such foundation
elevation and grading plan is in accordance with the provisions of this Article and roles issued
hereunder.
D. The foundation elevation shall be eight inches (8") above finish grade. Side service walks and
25
drives are to be a minimum of six inches (6") below top of foundation.
Sec. 21.224. Subdivision Grade Plans.
The provisions of Sections 21~ and 21...402 shall be supplemental to the requirements of the
Zoning Ordinance respecting any subdivision approved pursuant to the provisions of said Ordinance.
No building permit shall be issued by the Director of Community Development unless he has on file
an approved lot grading plan for such subdivision.
Sec. 21.225. Conformity with Lot Grading Plan.
Every building constructed in a location for which a lot grading plan is on file, pursuant to the
provisions of Section 21 ~t0'J, shall conform to said lot grading plan.
Sec. 21.226. Compliance Required Prior to Occupancy Permit.
No occupancy permit or other indication of approval of new construction shall be issued or given by
the Director of Community Development unless and until all grade requirements set forth in this
Article have been met.
Sec. 21.227. Altering Grade Levels.
No grades within the Village shall be disturbed or otherwise altered except as allowed pursuant to
a permit issued by the Director of Community Development.
Sec. 21.228. Sidewalks.
A. No public sidewalk shall be obstructed in the course of building operations without a special
permit from the Director of Community Development, and whenever a removal of a public
sidewalk is required, such work shall not be done until a permit is secured from the Director
of Community Development.
B. Any person making application for a building permit shall, at the time of making application
and in consideration of the issuance of such permit by the Village, agree to install public
sidewalks in conformance with subsection 21.204D of this Code.
C. Sidewalk construction shall conform with the sidewalk construction specifications of Chapter
16, Article IV, subsection 16.403A9 of the Village Code.
Sec. 21.229. Trees.
Any person making application for a building permit shall, at the time of making application and in
consideration of the issuance of such permit by the Village, agree to pay for installation of trees in
the public right of way in conformance with Chapter 16, Article IV, Section 16.408 of the Village
Code. The applicant shall post with the Village Director of Finance, a cash deposit in an amount equal
to the number of trees required multiplied by the amount charged by the Village to cover the cost of
such trees. The amount charged for trees is established fi.om time to time by the Village Manager.
Sec. 21.230. Night Construction.
No construction or alteration operations shall be carded on within the Village between the hours of
seven o'clock (7:00) P.M. and eight o'clock (8:00) A.M.; provided, however, if said constmction or
alteration site is located two hundred fifty feet (250') or more from a residential dwelling unit, the
hours prohibiting said construction or alteration operations shall be between the hours of seven
o'clock (7:00) P.M. and seven o'clock (7:00) A.M. Any appeal fi.om this restriction shall be made to
the Village Manager. (Ord. 4512, 1-5-93)
Sec. 21.231. Burden of Proof.
26
In all instances herein when facts are in dispute on an issue raised between an owner or permittee and
the Department of Community Development, the decision of the Director of Community
Development shall control. However, the burden of proving such facts in issue is upon the said owner
or permit-tee who may receive independent consultation with and recommendation from engineers,
laboratow testing services, or any other expertise, any and all of whom shall be acceptable to the
Director of Community Development, so as to determine the facts; provided, however, that the cost
of such services shall be borne by such owner or permittee.
Sec. 21.232. Appeals.
Any person shall have the right to appeal to the Village Manager a decision of the Code official
concerning the interpretation of this Code or to request a modification of the Code. Any application
for appeal to the Village Manager shall be based on a claim that the true intent of the Code or the
roles legally adopted thereunder have been incorrectly interpreted or the provisions of the Code do
not fully apply.
ARTICLE III
FEES, BONDS AND DEPOSITS
SECTION:
21.301. Basis Of Building Permit Fees
21.302. Fees For Permits
21.303. Building Permit Fees
21.304. Electrical Permits
21.305. Plumbing Permits
21.306. Gas Piping Permits
21.307. Air Conditioning And Refrigeration Permits
21.308. Mechanical Equipment Installation Permits
21.309. Sewer Permit Fees
21.310. Street Obstruction Permit Fees
21.311. Surety Bond
21.312. Restoration Deposit
21.313. Water Meter Rental Fees, Construction Water Use Fees, And
Cross-Connection Control Fees
21.314. Elevator, Escalator And Dumbwaiter Permit And Inspection Fees
21.315. Plan Examination Fees
21.316. Gasoline Storage Tank Permits
21.317. Reinspection Fees
21.318. Demolition And Moving Of Buildings; Fees And Bonds
21.319. Sidewalk Deposit
21.320. Certificate Of Occupancy
21.321. Fence Permits
21.322. Parkway Tree Fees
21.323. Driveway Permits
21.324. Refund Of Deposits
Sec. 21.301. Basis Of Building Permit Fees.
For the purpose of determining a basis for computing building permit fees, the estimated cost of
construction shall be determined by the Director of Community Development as follows:
A. The Director of Community Development may accept an estimate furnished to him by the
applicant for permit; or
B. He may require a certificate of the cost of construction from a licensed engineer; or
27
C. He may requ'tre an affidavit from the owner or his agent setting forth the estimated cost of the
proposed work; or
D. He may make such estimate as Director of Community Development.
Sec. 21.302. Fees For Permits.
The permit fees to be charged for permits authorized and required by the Municipal Code shall be
paid to the Village and shall be as provided in the following Sections.
Sec. 21.303. Building Permit Fees.
The minimum fee for any permit to alter, construct, enlarge, erect, lower, raise, repair or underpin
any building, structure or part thereof as required by this Chapter, shall be twenty five dollars
($25.00), provided that the cost of the work authorized by said permit does not exceed one thousand
dollars ($1,000.00).
When the cost of any such work exceeds $1,000.00, the fee shall be computed at
the rate of $25. OO for the first $1,000. O0 of cost, plus $6. OO for each additional
$1,000. O0 of cost or fraction thereof.
Sec. 21.304. Electrical Permits.
The permit fee to be charged for electrical installation and alteration shall be as follows
A. Minimum permit fee shall be twenty five dollars ($25.00).
B. For the inspection of original installation ora one- or two-family dwelling, the fee shall be:
0 to 1,000 sq. ft. $30.00
1,001 to 1,599 sq. ft. 35.00
1,600 to 2,399 sq. ft. 40.00
2,400 to 2,999 sq. ft. 45.00
3,000 sq. ft. and over 50.00
In addition to the foregoing, an electrical service fee shall be paid in accordance with schedule
for new service fees, and a charge often dollars ($10.00) for power-consuming devices such
as, but not limited to aJc units, heat pumps and solar devices.
C. Conversions of single-family residences, such as garages, recreation rooms, donners, etc., the
permit fee shall be computed as: iWmimum fee, twenty five dollars ($25.00), with a maximum
of two (2) circuits. For more than two (2) circuits, consult the circuit fee schedule2.
D. Commercial and industrial remodeling: Minimum fee plus fee from circuit schedule and fee
from service schedule.
E. The fee for the inspection of electric motors or power-consuming devices of one-half (w) h.p.
or more other than lighting circuits:
Base fee for each motor ............................................. $6.00
Plus each horsepower or
kilowatt over ,/g ...................................................... 50
(Each kilowatt of electrical power shall be considered 1 h.p. for fee purposes)
2. See subsection 21.304F.
28
Schedule:
Circuits 2 and 3 Wire Circuit
1 $ 5.00
2 10.00
3 15.00
4 20.00
5 25.00
6 30.00
7 35.00
8 40.00
9 45.00
10 50.00
11 54.00
12 58.00
13 62.00
14 66.00
15 70.00
16 74.00
17 78.00
18 82.00
19 86.00
20 90.00
21 94.00
22 98.00
23 102.00
24 106.00
25 110.00
26 - 50 inclusive 3.50 each additional
51 - 75 inclusive 3.25 each additional
over 75 3.00 each additional
inspection of a four (4) wire circuit, the fee shall be three (3) times the amount ora
circuit.
examination of plans when plans are submitted that are not in conjunction with
or plumbing shall be twenty five dollars ($25.00).
inspection for new services the fees shall be as follows:
60 am ~ere service one meter $10.00
100 an~ ~ere service one meter 15.00
200 art }ere service one meter 20.00
400 arr }ere service one meter 25.00
600 an: }ere service one meter 30.00
800 a~r }ere service one meter 35.00
I000 am ~ere service one meter 40.00
1200 a~ ~ere service one meter 45.00
1400 an ~ere service one meter 50.00
1600 an )ere sennce one meter 55.00
1800 am >ere sermce one meter 60.00
2000 am )ere service one meter 65.00
3000 am )ere sermce one meter 85.00
4000 am )ere senace one meter 110.00
5000 am )ere sennce one meter 135.00
6000 am )ere sermce one meter 160.00
7000 am >ere sermce one meter 185.00
8000 am ere sermce one meter 210.00
29
9000 ampere service one meter 235.00
10,000 ampere service one meter 260~00
Each Additional Meter (All Service Levels) $ 5.00
For service ampere ratings other than those listed, the fee is to be that provided
for the next larger size as established by subsection I.
J. When inspections are called for and re-inspection is required, a re-inspection fee
of twenty five dollars ($25.00) will be deducted from bond or deposit fees.
K. For feeders installed or increased in amperage and additional subpanels,
installations for commercial and industrial occupancies only as a separate
installation:
one feeder $25.00
Sec. 21.305. Plumbing Permits.
The fee for the installation, alteration or extension of a plumbing system shall be:
A. Minimum permit fee shall be twenty five dollars ($25.00).
B. Replacement or installation of new fixtures shall be twenty five dollars ($25.00)
plus five dollars ($5.00) per fixture.
C. Alterations of a plumbing system shall be twenty five dollars ($25.00) plus five
dollars ($5.00) for each fixture replaced or installed.
D. Water Connection Tap-On Fee. The "water connection tap-on fee" shall be
based upon the size of the water tap made into the water system. The schedule
of taps and charges shall be as follows:
Size of Tap Charges
1" $ 300.00
1 I/2" 375.00
2" 450.00
3" 900.00
4" 1,500.00
6" 2,250.00
8" 3,000.00
10" 3,750.00
In the event any building or premises contains more than one dwelling or commercial
unit, an additional permit fee of one hundred fifty dollars ($150.00) shall be made for
each such multiple unit.
All applicants for water service shall provide and pay the costs of construction, both
labor and material, of the water service from the main to the premises to be served.
This construction work in connection with the water service shall be performed by a
licensed plumber who has a properly executed bond on file in the office of the Village
Clerk. The water meter shall be furnished by the Village and a charge made to cover
the cost of such meter. For the connection charge, the Village will inspect the water
sendce to determine that the construction thereof is in accordance with specifications
30
established by the Village for the regulation of the water and sewer system.
E. A chlorination fee of forty dollars ($40.00) shall be assessed for each water main and fire main
system.
F. In each instance above where the said permit is issued for water connections lying outside the
corporate limits of the Village, said permit shall be two hundred percent (200%) of the water
tap-on fee listed hereinabove in order to cover the additional costs and inspections thereof.
G. As a further condition of the issuance of a permit, the individual or firm connecting to the
water system shall provide a performance bond, payable to the Village, to cover the full cost
of all water system improvements.
1. The mount of such performance bond shall be ten percent (10%) of the construction
cost of the improvement.
2. Said performance bond shall be effective for a period of two (2) years following the
project's acceptance by the Village Engineer, during which time the permittee shall be
responsible for the maintenance of the improvements installed under the permit.
3. The performance bond shall also indemnify the Village from any costs, charges,
expenses, loss or damage that may arise directly or indirectly out of the installation,
construction or failure to maintain or repair the water main.
Sec. 21.306. Gas Piping Permits.
The fee for permits for the installation of gas piping shall be computed on the basis of ten dollars
($10.00) per inch (I.D.) plus an additional five dollars ($5.00) on each twenty five (25) lineal feet or
fraction thereof.
Sec. 21.307. Air Conditioning and Refrigeration Permits.
The fee for ak conditioning and refrigeration permits shall be ten dollars ($10.00) plus three dollars
($3.00) per ton or fraction thereof for the first twenty (20) tons. When the air conditioning or
refrigeration system exceeds twenty (20) tons, the fee to be charged for the additional tons shall be
computed at the rate of one dollar ($1.00) per ton or fraction thereof.
Sec. 21.308. Mechanical Equipment Installation Permits.
A. Mechanical equipment permit fees other than air conditioning, refrigeration, combustion,
elevators and fire protection systems shall be computed at the rate of twenty five dollars
($25.00) for the first one thousand dollars ($1,000.00) of valuation, plus six dollars ($6.00)
for each additional one thousand dollars ($1,000.00) of cost or fraction thereof.
B. Fire protection system fees shall be as follows:
1. Automatic sprinkler systems:
$50.00 for each system
Plus: $25.00 up to 100 heads
Plus: $10.00 for every 100 additional heads or fraction thereof
$25.00 for partial system on the domestic water system
2. Standpipes:
$25.00 for each standpipe system
3. Fire pumps:
$30.00 for each pump, regardless of size
EXCEPTION: Jockey pumps
4. Fire alarm system:
$50.00 for any system (manual or automatic)
5. Additions to existing fire protection system:
$25.00 for each alteration
Plus: 25.00 for 5 to 100 heads
Plus: 10.00 for every 100 additional heads or fraction thereof
Plus: Fire pump charge if an additional pump is included or original pump is
increased in size
6. Miscellaneous fire suppression systems:
$25.00 for each system
Plus: 6.00 per $1,000.00 of valuation.
Sec. 21.309. Sewer Permit Fees.
The fee for the installation, alteration or extension of a sewer system shall be3:
A. Sewer Connection Tap-On Fee. The "sewer connection tap-on fee" shall be one hundred fifty
dollars ($150.00) for each separate building connection which contains not more than ten (10)
water outlets or floor drains discharging to the sanitary sewer system.
For each additional water outlet or floor drain contained in said premises in excess often (10)
outlets there shall be an additional sewer connection tap-on fee for said connection of twenty
five dollars ($25.00) per water outlet or floor drain.
In the event any building or premises contains more than one dwelling unit or commercial
unit, an additional permit fee of one hundred fifty dollars ($150.00) shall be made for each
such multiple unit.
B. The applicant for sewer service shall, in all cases, pay for all costs of labor and materials
required for installing the sewer service from the respective mains to the premises to be
served. The construction work in connection with the sewer service shall be performed by a
licensed plumber who has a properly executed bond on file in the office of the Village Clerk.
For the connection charge, the Village will inspect the sewer service to determine that the
construction thereof is in accordance with specifications established by the Village for the
regulation of the water and sewer system.
C. An additional fee for plan review and final inspection will be required for all projects involving
the extension of an existing sanitary or storm sewer. This fee shall be based upon the
following percentages of the estimated construction cost of the sewer extension (exclusive
of services to the proposed building):
1. Two percent (2.0%) of the construction cost of the improvements when such cost is
fifty thousand dollars ($50,000.00) or less.
2. One and five-tenths percent (1.5%) of the construction cost of the improvements
when such cost is over fifty thousand dollars ($50,000.00).
3. See Section 22.504.3 of this Code.
32
D. In each instance above where the said permit is issued for sewer connections lying outside the
corporate limits of the Village, said permit shall be two hundred percent (200%) of such fee
listed hereinabove in order to cover the additional costs and inspections thereof.
E. As a further condition of the issuance ora permit, the individual or firm connecting to the
sewer system shall provide a performance bond, payable to the Village, to cover the full cost
of all sanitary sewerage system improvements.
1. The amount of such performance bond shall be based upon an esfmaate of cost
approved by the Village Engineer.
2. Said performance bond shall be effective for a period of two (2) years following the
project's acceptance by the Village Engineer, during which time the permittee shall be
responsible for the maintenance of the improvements installed under the permit.
3. The performance bond shall also indemnify the Village from any costs, charges,
expenses, loss or damage that may arise directly or indirectly out of the installation,
construction or failure to maintain or repair the sanitary sewer so installed.
F. A fee shall be paid to the Village for each lineal foot of storm, sanitary or combined sewer
installed to help defray the costs of televising said sewers, as provided in Section 16.604 of
Chapter 16 of this Village Code.
Sec. 21.310. Street Obstruction Permit Fees.
No street, alley, parkway or other public property shall be obstructed without a special permit first
having been secured fi.om the Director of Community Development.
A. The fee for such street, alley or parkway obstruction permit shall be fifteen dollars ($15.00)
per month or part thereof for each twenty five feet (25') or fractional part thereof of frontage
so occupied. The minimum deposit shall be fifry dollars ($50.00).
B. Upon the discontinuance of the use of such street, alley or parkway, the amount due for the
special obstruction permit shall be deducted from the deposit and the difference returned.
C. The validity of such permit shall not exceed ninety (90) days after the date of issuance of
same.
D. Said permit may be renewed for an additional thirty (30) days with the approval of the
Director of Community Development, and in such event the applicant shall pay an additional
fee of twenty five dollars ($25.00) per twenty five feet (25') or fractional part thereof of
frontage so occupied per month or fraction thereof.
E. The permit fee for the opening of a street, sidewalk or alley for the purpose of making
connections to the sewer, water, gas or electric piping shall be fifty dollars ($50.00).
Sec. 21.311. Surety Bond.
No permit shall be issued until the applicant shall have executed and filed with the Dkector of
Community Development a surety bond in the penal sum often thousand dollars ($10,000.00) with
a responsible surety company as surety thereon. Said bond to be approved as to form by the V'fllage
Attorney. Said bond to indemnify the Village and its officials for the full period of time provided by
the statute of limitations of the State fi.om any and all loss, costs, expense or liability of any kind or
nature whatsoever, which said Village or its officials may suffer or be put to, or which may be
recovered fi.om it or them by reason of the issuance of such permit.
Sec. 21.312. Restoration Deposit.
No permit shall be issued until the applicant has deposited with the Village Treasurer the sum of five
33
hundred dollars ($500.00) to guarantee the replacement or repair of broken or damaged sidewalks,
curbs, gutters and streets, restoring the public property and for the removal of dirt and litter fi.om
public streets abutfmg the premises involved, except that if the improvement to be made is a
single-room addition or a detached garage, such sum shall not exceed one hundred dollars ($100.00).
However, the applicant shall not be required to have on deposit, at any one time, with the Village
Treasurer, any sum in excess of two thousand dollars ($2,000.00) for this purpose, regardless of the
number of permits issued to the applicant. Upon final approval of the project, the permittee shall
apply for a refund of the remaining balance of said deposit. If final inspections have not been
requested, completed and the project approved at the time the permit expires, all deposits shall be
forfeited to the Village and new deposits shall be required with new permits.
Sec. 21.313. Water Meter Rental Fees, Construction Water Use Fees, and Cross-Connection
Control Fees.
A. Fees shall be charged for the rental of water meters according to the following schedule:
1. The charge for connecting a five-eighths inch (5/8") to and including a one and
one-ha[finch (lt/2'') orifice size disc water meter, including a flat rental fee and charge
for ordinary maintenance and repair for the life thereof~ shall be the current cost of the
meter at the time of its purchase, plus thirty percent (30%) of the said cost figured to
the closest dollar.
2. The charge for connecting a two inch (2") orifice size or larger turbine, compound or
line meter shall be the current cost of the meter at the time of its purchase, plus thirty
percent (30%) of the said cost figured to the closest dollar as well as a flat rental fee
plus the cost and expense of necessary maintenance and repairs made by the Village
during the life of the said meter, which later charges for maintenance shall be billed
to the customer when incurred.
B. Construction Water Use Fee. For all construction, a deposit of two hundred dollars ($200.00)
shall be paid for the use of a construction water meter and water used will be billed by the
Village Treasurer in accordance with the normal water rates in effect at the time of use. It
shall be unlawful for the user to install said construction water meter on any fire hydrant. It
will, therefore, be the user's responsibility to supply the necessary tap and/or pipe work for
this construction water meter.
C. Cross-Connection Control Program Administration Fee. For each cross-connection control
device installed, a fee often dollars ($10.00) shall be paid by the property owner upon whose
premises the device was installed. The Village Treasurer shall bill each such water customer
at the date of installation and thereafter at the annual anniversary of said date. Property
owners with cross-connection control devices installed prior to September 1, 1994, shall be
hilled the appropriate amount by the Village Treasurer upon notification of the presence of
said devices and annually thereafter upon the anniversary of said notification date.
Sec. 21.314. Elevator, Escalator and Dumbwaiter Permit and Inspection Fees.
A. Permit fees for elevator, escalator and dumbwaiter installation or alteration shall be as
follows:
1. For each elevator servicing a building up to and including three (3) floors, the fee shall
be fifty dollars ($50.00).
2. Each additional floor in excess of three (3) floors, ten dollars ($10.00) per floor.
B. Semi-annual inspection fees of each elevator, escalator and dumbwaiter shall be thirty five
dollars ($35.00).
Sec. 21.315. Plan Examination Fees.
34
The fee for plan examination shall be payable upon receipt of the plans submitted for review and shall
be as follows:
A. For single-family homes, thirty dollars ($30.00).
B. For garages, normal accessory buildings for single-family homes, and miscellaneous plans,
twenty dollars ($20.00).
C. For all other alterations, construction or repair of buildings and structures, the following
system shall apply:
The fee for plan examination is related to the complexities of the work involved. The fee is
based on:
1. The size of the building (Base Fee).
2. The type of construction (Base Fee Multiplier).
3. The use group (Base Fee Multiplier).
4. The type of mechanical plans (Mechanical Plans Multiplier) included in the submittal.
The quotation is as follows:
Plan Exam Fee = (Base Fee) x (Base Fee Multiplier) x (Mechanical Plans Multiplier)
Example: Use Group C (mercantile)
Floor area 5,000 square feet
Height - 2 stories, 20 feet
Type II-C construction
Plans include building, mechanical and plumbing
The volume of the building is 5,000 square feet x 20 feet =
100,000 cubic feet
The base fee is $200.00
The base fee multiplier is 0.9
The mechanical plans multiplier is 1.40
Plan Exam Fee = 200.00 x 0.9 x 1.40 = $252.00
Base Fee
Building Volume (cubic feet) Plan Exam Base Fee
0 to 20,000 $ 70.00
20,000 to 40,000 90.00
40,000 to 80,000 145.00
80,000 to 150,000 200.00
150,000 to 200,000 235.00
Over 200,000 235.00
Plus: 2.35
per each 10,000 cubic feet
over 200,000cubic feet
Type of Construction
Use Group I II IIC III IIIC IV
A Hazardous
B Storage
D Industrial 1.1 1.0 0.8 0.9 0.8 0.8
C Mercantile 1.2 1.1 0.9 1.0 0.9 0.9
E Business
F Assembly 1.5 1.4 1.1 1.2 1.1 1.0
H Institutional 2.1 2.0 1.7 1.8 1.7 1.6
L Residential 1.4 1.3 1.1 1.2 1.1 1.0
Mechanical Plans Multiplier
Plans Submitted Multiplier
Mechanical 1.25
Plumbing 1.15
Electrical 1.10
Mechanical & Plumbing 1.40
Mechanical & Electrical 1.35
Plumbing & Electrical 1.25
Mechanical, Plumbing & 1.50
Electrical
To calculate plan review fee:
Fee = Base Fee x Base Fee Multiplier x Mechanical Plans Multiplier.
D. A preliminary plan review fee shall be 0.50 times the regular fee.
E. Automatic sprinkler/standpipe systems - $50.00.
F. In all instances where the plans submitted for review are required to be examined by the
Health Division for compliance with roles, regulations and specifications under its jurisdiction,
there shall be additional fees charged as follows:
Plan review - multiple-family use ............................... $20.00
Plan review - restaurant and food store uses ........................ 35.00
Plan review - all other uses ..................................... 25.00
Plan compliance inspection fee .................................. 40.00
Sec. 21.316. Gasoline Storage Tank Permits.
The permit fee to install a gasoline storage tank shall be one hundred twenty five dollars ($125.00).
Sec. 21.317. Reinspection Fees.
Where a reinspection is required to determine compliance with the related codes, a reinspection fee
shall be paid. Reinspection fees shall be computed on the basis often percent (10%) of the original
installation fee with a minimum of ten dollars ($10.00) and a maximum of twenty five dollars
(*25.00).
See. 21.318. Demolition and Moving of Buildings; Fees and Bonds.
No building or other structure shall be demolished, razed or wrecked unless permit fees and bonds
are submitted to the Village as follows:
A. A cash deposit in the sum of five hundred dollars ($500.00) to assure the filling in of any
below-grade areas and completion of the proposed demolition.
B. A bond with good and sufficient sureties, acceptable to the Village Attorney, indemnifying,
keeping and saving harmless the Village against any loss, cost, damage, expense, judgment
or liability of any kind whatsoever which the Village may suffer, or which may accrue against,
be charged to or be recovered from the Village, or any of its officials, from or by reason or
on account of accidents to persons or property during any such demolition, or wrecking
operations, and from or by reason or on account of anything done under or by virtue of any
permit granted for any such demolition, razing or wrecking operations. Such bond shall be
in the penal sm of twenty thousand dollars ($20,000.00) for structures not exceeding three
O) stories in height and forty thousand dollars ($40,000.00) for structures of four (4) or more
stories.
C. A permit fee of one hundred dollars ($100.00) shall be paid for all demolition, unless of a
minimum nature as specified in Section 21.3 lSD. In addition, a fixed fee is to be computed
at a rate often dollars ($10.00) for each ten feet (10') of height of such building or structure
above ten feet (10') in height.
D. A permit fee of twenty five dollars ($25.00) shall be paid for all minor demolition, including
interior remodeling, rehabilitation and other related minor work prior to construction.
E. A permit fee of two hundred dollars ($200.00) shall be paid for moving a building.
Sec. 21.319. Sidewalk Deposit.
In addition to the foregoing provisions, each applicant shall, at the time of making application for
such building permit, deposit with the Village Treasurer the sum of twelve dollars ($ t 2.00) for each
lineal foot of frontage of the lot for which a permit is sought, and ifa comer lot, the additional sum
of five dollars ($5.00) for each lineal foot of such frontage on the side street. Said deposit shall be
returned to the applicant after the sidewalk has been constructed and accepted by the Village;
provided, however, that if such sidewalk is not constructed within one year from the date of such
permit, the Village shall then be authorized to construct such sidewalk and pay for such construction
out of the deposit made under the provisions of this Article.
Sec. 21.320. Certificate of Occupancy.
The fee for a final certificate of occupancy for residential buildings shall be ten dollars ($10.00) for
each dwelling unit. The fee to be charged for all other uses shall be thirty dollars ($30.00).
Sec. 21.321. Fence Permits.
The fee to construct, alter or erect a fence shall be eight dollars ($8.00).
Sec. 21.322. Parkway Tree Fees.
Each applicant shall, at the time of making application for such building permit, pay to the Village
Treasurer, a fee for each parkway tree required at a forty foot (40') spacing along the lot for which
a permit is sought. The fee will be based on current market value and determined by the Village
Manager. The Village shall use such funds to plant parkway tree(s) as required by Article IV of
Chapter 16.
Sec. 21.323. Driveway Permits.
The permit fee for a driveway will be fifteen dollars ($15.00).
Sec. 21.324. Refund of Deposits.
A. Upon final approval by the Village of each project and upon conclusion of each guarantee
period the Director of Community Development shall notify the permittee in writing of any
deposit balance remaining. Upon such notification it shall be the responsibility of the permittee
to apply for the refund of such deposit balances on forms provided by the Director of
Community Development.
B. If an application for a refund of any deposit balance is not received by the Director of
Community Development within six (6) months after written notification to the permittee
such deposit balance shall be forfeited to the Village and said deposit balance shall be
deposited in the General Fund of the Village.
37
ARTICLE IV
MISCELLANEOUS PROVISIONS; PENALTIES
SECTION:
21.401. Effect of Headings
21.402. Severability
21.403. Penalties
21.404. Refund of Deposits !2R!
Sec. 21.401. Effect of Headings.
Chapter, article and section headings contained herein shall not be deemed to govern, limit, modify
or in any manner afect the scope, meaning or intent of the provisions of any article or section of this
Chapter 21.
Sec. 21.402. Severability.
If any part or parts of this Chapter shall be held to be unconstitutional, such unconstitutionality shall
not affect the validity of the remaining parts of this Chapter. The Board of Trustees hereby declares
that it would have passed the remaining parts of this Chapter if it had known that such part or parts
thereo£would be declared unconstitutional.
Sec. 21.403. Penalties.
A. It is a misdemeanor for any person to violate any of the provisions of this Chapter 21; and any
person who shall erect, construct, alter or repair a building or structure in violation of this
Chapter for which another penalty is not provided shall upon conviction for such violation be
fined not less than one hundred dollars ($100.00) and/or no more than one thousand dollars
($I,000.00) and each day such violation continues to exist shall constitute a separate offense.
B. The imposition of the penalties herein prescribed shall not preclude the Village from
instituting an appropriate action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or
abate a violation, orto prevent the occupancy of building, structure or premises, or to prevent
an illegal act, conduct, business or use in or about any such premises.
C. If any work has commenced without receipt of a permit, as required by this Chapter, the
specified permit fee shall be doubled, except that the minimum penalty shall be one hundred
dollars ($100.00) and the maximum penalty one thousand dollars ($1,000.00) for each and
every category where the unauthorized work has begun. However, such payment shall not
relieve any person of any other requirement or penalties prescribed in this Chapter.
Sec. 21.404. Refund of Deposits.
A. Upon final approval by the Village of each project and upon conclusion of each guarantee
period the Director of Community Development shall notify the permittee in writing of any
deposit balances remaining. Upon such notification it shall be the responsibility of the
permittee to apply for the refund of such deposit balances on forms provided by the Director
of Community Development.
B. If an application for a refund of any deposit balance is not received by the Director of
Community Development within six (6) months after written notification to the permittee
such deposit balance will be forfeited to the General Fund of the Village.
ARTICLE V
DEFINITIONS
SECTION:
21.501. Definitions of Words and Phrases
Sec. 21.501. Definitions of Words and Phrases.
Whenever in this Chapter the following words and phrases are used, they shall, for the purposes of
this Chapter, have the meanings respectively ascribed to them in this Article, except when the context
in which they are used indicates otherwise.
AGGRrI~.VED PARTY: One suffering from an alleged infringement or denial of his
legal rights by reason of a decision or ruling of the Director of
Community Development.
ALCOVE: A recess connected with or at the side of a larger room, with
an unobstructed opening into such room equal to at least
twenty percent (20%) of the entire wall surface of the alcove.
ALLEY: A public way within a block, generally giving access to the
rear of lots of buildings and not used for general traffic
circulation.
ALTERATION: As applied to a building or structure, a change or
rearrangement of rooms or spaces, the structural parts, the
means of egress, or an enlargement whether by extending a
side or by increasing the heights, or the moving from one
location or position to another.
APARTMENT: A room or suite of two (2) or more rooms in an apartment
building occupied as a family domicile where provision is
made for living, sleeping, cooking and eating within the room
or suite of two (2) or more rooms.
APARTMENT BUILDING: Any building which contains apartments.
APPROVED: Approved by the Director of Community Development under
the provisions of this Chapter, or by other authority
designated by this Code to give approval or to be used as a
standard in the matter in question.
APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block,
solid block or combination of these materials, or other
materials approved by the Director of Community
Development.
AREA: A. As applied to the dimensions of a building, the
maximum horizontal area of the building at or above
grade.
B. As applied to floor surface measurement, the
horizontal projected floor area inside of exterior
enclosure walls or between exterior walls and fire
walls.
C. Pool Area. The apron immediately adjacent to a
swimming pool extending to a minimum of five feet
(5') from the said pool.
The space between the ceiling beams of the top story, and the
roof rafters, and containing no habitable room.
AUTOMATIC USE: Automatic as applied to fire protection devices, automatic
refers to a device or system that provides an emergency
function without the necessity of human intervention and
activates as a result of a predetermined temperature rise, or
rate of temperature rise or increase in the level of combustion
products, such as is incorporated in an automatic sprinkler
system, automatic fire door, etc.
BASEMENT: That portion of a building which is partly or completely below
grade.
BATItROOM: A room containing a tub, shower compartment or other
facilities for bathing.
BEARING WALL: A wall which supports any load in addition to its own weight.
BOARD OF TRUSTEES: The Board of Trustees of the Village of Mount Prospect.
BOILER ROOM: A room containing the fuel-burning equipment and/or fuel
storage for a heating or power generating system.
BUILDING: Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING, BUSINESS: A building occupied for the transaction of business, for the
rendering of professional services, for the display and sale of
goods, wares and merchandise, for the supplying of food,
drink or other bodily needs or comforts, or for the
performance of certain work or labor, including, among
others, office buildings, stores, markets, restaurants, not
excluding factories, storage or warehouse buildings.
BUILDING, FRAME: Buildings having a wood frame or having brick, stone or
stucco veneering on a wood frame which wholly or partly
serves as the structural support of the building or its load.
BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical,
charitable or other care or treatment; or in which persons are
held or detained by reason of public or civic duty or for
correctional purposes, including, among others, hospitals,
asylums, sanitariums, fire houses, police stations and jails.
BUILDING LINE: The line established by deed or law, beyond which a building
shall not extend, except as specifically provided for in the
Zoning Code or other ordinance of the Village.
BUILDING, PUBLIC: A building in which persons congregate for civic, political,
educational, religious, social or recreational purposes,
including, among others, court houses, schools, colleges,
libraries, museums, exhibition buildings, lecture halls,
churches, assembly halls, lodge rooms and dance halls.
BUILDING, SKELETON: A building composed of only structural framework, or a rigid
40
supportive or protective structure or shell.
BULKItEAD: A raised portion of floor construction and the partition
enclosing it, which provides head room for a stair flight or,
when in connection with store show windows, provides a
means for light and ventilation to the basement space below.
CEILING: The overhead coveting of a room.
CEIlING HEIGHTS: The clear vertical distance fi.om the finished floor to the
finished ceiling.
CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete
composed of one part Portland cement, three (3) parts of sand
and five (5) parts of crushed stone or gravel.
CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six
(6) pans of sand, proportioned by volume, with an addition of
not less than ten percent (10%) of Portland cement to the lime
by volume.
CEMENT MORTAR: A mixture of one pan of Portland cement and not more than
three (3) parts of sand, proportioned by volume, with an
allowable addition of hydrated lime not to exceed twenty
percent (20%) of cement volume.
CERTIFICATE OF The certificate issued by the Director of Community
OCCUPANCY: Development which permits the use of a building in
accordance with the approved plans and specifications and
which certifies compliance with the provisions of law for the
use and occupancy of the building in its several parts together
with any special stipulations or conditions of the building
permit.
CHIMNEY or FLUE: A vertical, or approximately vertical, conduit through which
smoke and/or gases of combustion escape to the outer air.
CLERK or VILLAGE CLERK: The Village Clerk of the Village.
CLOSET: A nonhabitable room used for storage.
CONCRETE: A. Except when otherwise specifically provided,
"concrete" shall mean a mixture of one part of
Portland cement and not more than three (3) pans of
sand and five (5) pans of crushed stone or gravel, all
proportioned by volume.
B. "Reinforced concrete" means Portland cement
concrete in which steel is embodied in such a manner
that the two (2) materials act together in resisting
forces.
DEAD LOADS: The weight of all permanent structural and nonstructural
components of a building, such as walls, floors, roofs, ceilings,
stairways and fixed service equipment.
DEPARTMENTS: Department of Community Development: The Department of
Community Development of the Village.
Department of Finance: The Depag~ent of Finance of the
Village. /~ze~o ~.e'_.~
Department of Public Works: The Department of Public
Works of the Village.
DIRECTORS: Director of Community Development: The Director of the
Department of Community Development of the Village of
Mount Prospect.
)~'~l~ent of Finance: The Department of Finance of the
Village.
Director of Public Works: The Director of the Department of
Public Works of the Village of Mount Prospect.
DISTRICTS: The Zoning Districts as described in the Zoning Ordinance of
the Village of Mount Prospect.
DWELLING: Any building which contains one or two (2) "dwelling units"
used, intended, or designed to be built, used, rented or leased,
which are occupied for living purposes.
DWELLING, UNIT: A single unit providing complete independent living facilities
for one or more persons including permanent provisions for
living, sleeping, eating, cooking and sanitation.
EGRESS: A means or route of exit from a room or building including a
doorway, passage, corridor, stairway or fire escape.
ELEVATOR: A hoisting and lowering mechanism equipped with a car or
platform which moves in guides for the transportation of
individuals or freight in a substantially vertical direction
through successive floors or levels of a building or structure.
ENCLOSING WALLS: A wall separating the interior of a building from the exterior.
Such walls may act as beating walls, enclosing walls or curtain
walls.
EXIT: That portion of a means of egress which is separated from ail
other spaces of a building or structure by construction and
opening protectives as required for exits to provide a
protected way of travel to the exit discharge. Exits include
exterior exit doors, exit stairways, exit passageways and
horizontal exits.
FAMILY: An individual, two (2) or more persons related by blood,
marriage or law, or a group of not more than any five (5)
persons living together in a dwelling unit. Servants having
common housekeeping facilities with a family consisting of an
individual, or two (2) or more persons related by blood,
marriage or law, are part of the family for this Code.
]FENCE: A structure or partition erected about a yard or other space,
or about any other object, intended to prevent intrusion bom
without, whether physical or visual, or straying from within.
FLOOR: A horizontal or approximately horizontal system, other than
42
a ceiling, used to support loads within a building. (See also
"Story", this Article)
FLOOR AREA: For determining floor area ratio, the "floor area" of a building
is the sum of the gross horizontal area of the several floors of
a building measured from the exterior face of the exterior
walls, excluding garage and basement floor.
FLOOR AREA RATIO: The floor area ora building divided by the area of the zoning
lot.
FOOTING: A construction supported directly on the ground which
supports walls, piers and columns.
FOUNDATION WALL: A wall or pier extending to or below frost level setwing as
support for a wall, pier, column or other structural part of a
building.
FURRING: A construction of wood, metal, masonry or other material, the
sole purpose &which is to obtain a plane or contour for other
surface materials.
GARAGE: A building, shed or enclosure, or a part thereof, in which a
motor vehicle is stored, housed or kept.
GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which
no business or industry connected directly or indirectly with
motor vehicles is carded on.
GARAGE, PUBLIC: A garage not included within the term private garage.
GRADE or GRADE LEVEL: A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. When the
finished ground level slopes away from the exterior walls, the
reference plane shall be established by the lowest points within
the area between the building and the lot line or, when the lot
line is more than six feet (6') from the building, between the
building and a point six feet (6') from the building.
ItABITABLE ROOM: A room designed and intended for use and/or occupied by one
or more persons for living, sleeping, eating or cooking;
includes kitchens serving dwelling units, but does not include
bathrooms, water closet compartments, laundries, pantries,
storage rooms or below grade recreation rooms.
ItEIGItT OF BUILDING: The vertical distance ora building or structure as measured in
feet, from the base grade to the highest point of the roof or
parapet, if a flat, mansard or gambrel room, or the point
midway between the ridge line and the eaves line, if a hip or
gable roof. Mechanical penthouses, chimneys and steeples
shall not be included in measuring the height of buildings.
ItOLLOW BLOCK: A cellular building block of burnt clay or concrete in which
cellular spaces within the blocks exceed twenty five percent
(25%) of the gross cubic content of the block.
KITCItEN: A room or an alcove containing cooking facilities and in which
food may be prepared.
43
LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more
than four (4) parts of sand proportioned by volume.
LINTEL: A beam placed over an opening or recess in a wail which
supports the construction above.
LIVE LOAD: Those loads produced by the use and occupancy of the
building, not including environmental loads such as wind
loads, snow loads, earthquake loads or dead loads.
MANAGER or VILLAGE The Village Manager of the Village of Mount Prospect.
MANAGER:
NONCOMBUSTIBLE: Any material which will not sustain fire.
NONCOMBUSTIBLE A construction in which ail materiais used in the construction
CONSTRUCTION: and finish are noncombustible to the point that the
construction will not sustain fire.
OCCUPIED: As applied to a building shall be construed as though followed
by the words "or intended, arranged or designed to be
occupied".
OFFICE: A place where clericai work, writing or drafting is done,
where clients are interviewed, professionai services are
rendered or where business is transacted without an immediate
transfer of goods.
OPEN AREA: With respect to fences, open area shail be determined so that
any given square foot of such fence shall consist of not more
than fifty percent (50%) fencing materiai including posts and
rails.
PANTRY: A space accessory to a dining room or kitchen for storage of
dishes or food or for a preparation of food without the use of
heat.
PARAPET: A wall of approved masonry projecting above the roof line to
prevent the spread of fire.
PARKWAY: That part of the public street right of way not occupied by the
street pavement and located between the back of the curb, or
edge of pavement on streets with no curbs, and the sidewaik,
or the right-of-way line if no sidewalk exists, as well as the
raised dividing strip cfa roadway.
PARTY WALL: A wall of approved masonry used or adapted for joint use
between two (2) buildings and shail comply with wail
thickness as provided for under masonry construction.
PATIO: A recreation area that adjoins a dwelling, is often paved, and
is adapted especially to outdoor dining.
PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the
principle structure, unheated and which is not intended to be
used as a habitable room.
PATIO SCREENING: A screen, preferably decorative, natural or artificial, which
44
screen is placed adjacent to a patio for the purpose of
concealing such patio.
PERMITTEE: That person or persons authorized by the authority having
jurisdiction to perform specific activity.
PERSON: Every natural person, firm, copartnership, association or
corporation.
PETITIONER: One making a formal request for a hearing for a modification
from the regulations and/or specifications found in this
Chapter.
REPAIR: The reconstruction or renewal of any part of an existing
building for the purpose of maintenance. Repair does not
include work that would affect the structural safety of the
building or that would affect or change required exit facilities
or that would affect the vital element of an elevator, plumbing,
gas piping, wiring or heating installation, or that would be in
violation ora provision of the Municipal Code of the Village.
SOLID ROCK: A building block of burnt clay or stone, gravel or cinder
concrete in which cellular spaces within the block do not
exceed in the aggregate twenty five percent (25%) of the
gross cubic content of the block.
SPR1NICLERED: Equipped with an approved automatic sprinkler system
containing an arrangement of piping and sprinklers designed
to operate automatically by the heat of fire and to discharge
water upon such fire.
STAIRWAY: One or more flights of stairs and the necessary landings and
platforms connecting them to form a continuous and
uninterrupted passage from one floor to another; including
risers, treads, floor landings, stair platforms, supporting
members, handrails, newel posts, balustrades and the
enclosure of such stairs from the required exit to the exit door
of the building or grade.
A. Flight: A series of stops between successive landings
and platforms.
B. Landing: The floor space immediately adjoining the
top or bottom of a flight. For an enclosed stair, the
landing is the floor space within the enclosure.
C. Open Stair: A stair without a complete enclosure.
D. Step: A dsc and adjoining tread.
E. Tread: The horizontal width ora step not including the
nosing.
F. Width: The clear width of a stair between parallel
requked handrails or between a required handrail and
a wall. An unrequired handrail shall not be considered
in measuring stair width.
STOP ORDER: An order, written or oral, to cease and desist any and all
45
construction activities, which order is issued by the Director
of Community Development.
STORY: That portion ora building included between the upper surface
of a floor and the upper surface of the floor or roof next
above.
STREET: An area which provides for vehicular and pedestrian access to
abutting land or to other streets. A "street" includes the entire
right of way and any improvements which may be located
within the fight of way.
STREET LINE: A lot line dividing a lot from a street. /~/0 7" ~of
STRUCTURE: Any construction, or any production,~ place of work
artificially built up or .composed of p,/irts joined together in
some definite manner; including bu~imited to stadia, gospel
and circus tents, reviewing stands, platforms, radio towers, air
conditioning compressor units, coal bins, fences, display of
signs and poles connected by wires for the transmission of
electricity.
SWIMMING POOL: An artificial or semi-artificial receptacle or other container for
a body of water having a depth at any point of more than two
feet (2') whether located indoors or outdoors, used or
intended to be used for public, semi-public or private
swimming by adults or children or both adults and children,
whether or not any charge or fee is imposed upon such adults
or children, operated and maintained by any person as defined
elsewhere in this Article, whether he be an owner, lessee,
operator, licensee or concessionaire and shall include all
structures, appurtenances, equipment, appliances and other
facilities appurtenant to and intended for the operation and
maintenance of same; including but not limited to the
following:
HOT TUB: A large tub usually wooden and normally filled
with heated water used by adults and/or
children to soak in.
SWIMMING POOL, EXCAVATED:
Any swimming pool being constructed in whole or in part
below the grade level and out-of-doors.
SWIMMING POOL, INDOOR:
Any swimming pool so constructed as to be located in whole
or in part within a structure or building in such manner as to
become part of the real estate.
SWIMMING POOL, PORTABLE:
Any prefabricated swimming pool which has a depth at any
point of more than two feet (2'), which pool may be utilized
without an excavation and which has an empty weight of less
than two hundred (200) pounds, which weight shall be
inclusive of all the appurtenances of the said pool.
SWIMMING POOL, RESH)ENTIAL PRIVATE:
A swimming pool located in any residentially zoned district
46
used or intended to be used solely by the owner, operator or
lessee thereof and his family, and by friends invited to use it
without payment of any fee.
SWIMMING POOL, PUBLIC AND SEMI-PUBLIC:
All swimming pools operated and maintained in conjunction
with or by clubs, motels, hotels, multi-unit buildings housing
more than three (3) families, and community associates, and
shall include any swimming pool other than a private
residential swimming pool.
SWIMMING POOL, RAISED DECK:
Any swimming pool as defined in this Article being
constructed in such manner as to have a flat floor, roofless
area resting above the grade level, which raised deck shall lie
immediately adjacent to and surrounding the upper edge of
said pool which shall not be an excavated pool.
UNPROTECTED METAL Applies to buildings in which the structural supports are metal
CONSTRUCTION: and in which the roofing and walls or other enclosures are of
sheet metal or other incombustible materials, or of masonry
deficient in thickness or otherwise and not conforming to
approved masomy~
VILLAGE ATTORNEY: The Village Attorney of the Village of Mount Prospect.
VILLAGE ENGINEER: The Village Engineering Coordinator of the Village of Mount
Prospect.
ARTICLE VI
PROPERTY MAINTENANCE CODE
SECTION:
21.601. Purpose
21.602. Scope and Applicability
21.603. BOCA Property Maintenance Code Adopted; Amendments
21.604. Graffiti
21.605. Exterior Openings in Vacant Structures
21.606. Notice of Violation
21.607. Enforcement Fees
21.608. Exceptions to Enforcement Fees
Sec. 21.601. Purpose.
The purpose of this Article is to protect the environment and the public health, safety and welfare,
and to prevent and control blight by establishing regulations and enforcement procedures to the end
that buildings and real estate within the Village are maintained in a safe and sanitary condition, free
of health, fire and safety hazards.
Sec. 21.602. Scope and Applicability.
Except where otherwise specified, the provisions of this Article shall apply to all buildings and real
estate located within the Village and shaft apply in addition to all other Village ordinances.
47
Sec. 21.603. BOCA Property Maintenance Code Adopted; Amendments.
For the purpose of establishing rules and regulations governing property maintenance, there is hereby
adopted the 1990 Edition of the BOCA Property Maintenance Code together with all appendices,
except such portions as are hereinafter expressly deleted, amended or modified:
Appendix A - Referenced Standard - Amend by deleting "BOCA National Plumbing Code" and
substituting therefore "Illinois Plumbing Code".
PM 103.4 - Delete in its entirety and substitute with the following:
PM 103.4 Used materials and equipment:
Used matedais, equipment and devices shall not be reused unless such materials have been
reconditioned, tested and placed in good and proper working condition, are clean and sanitary and
approved for use by the code official.
PM 106.1 - Add the following sentence: "In any instance where the Association is responsible for the
repair and maintenance ora property they may be cited for a violation of this Code. Upon providing
proof that they are not responsible, they may be dismissed as the defendant."
PM 106.2 Item 5. - Delete in its entirety and substitute with the following:
5. Include an explanation of the owner's right to seek modification or withdrawal of the
notice by petition to the Village Manager.
PM 106.3. Service. Delete references to "certified or registered mail" and replace with "regular mail
with proof of service".
PM 106.6. Enforcement procedure. Delete in its entirety and replace with the following:
PM 106.6 Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or
structure who has received a compliance order or upon whom a notice of violation has been served
to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the
compliance order or notice of violation have been complied with.
PM 108.4 Emergency Work - delete the word "shall" and replace with "may".
PM 108.6 Itearing - Delete in its entirety and substitute with the following:
PM 108.6 Hearing - Any person ordered to take emergency measures shall comply with such order
forthwith. Any affected person shall thereafter, upon petition directed to the Village Manager be
afforded a hearing as described in this Code.
PM 109.1 Unlawful Acts - delete the words "lawful order" and replace with "lawful notice and
order".
PM 109.2 Penalty - Add the amount of the fines, so that the fines read ".... be subject to a fine of not
less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) ..."
PM 111.1 Petition - Replace the word "board" with "Village Manager".
PM 111.2 and PM 111.3 - Delete in their entirety.
PM 201.0. Applied Meaning of Words and Terms - Delete the definition of "Multiple Family
Dwelling", "One-Family Dwelling", "Two-Family Dwelling", "Dwelling Unit", "Family" and "Person"
and replace with the following:
48
DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy.
Not included are hotels, motels, rooming, boarding or lodging houses.
Multiple-Family: A building, or portion thereof consisting of three O) or more dwelling units.
Single-Family, Attached: A building, structure or portion thereof, containing three (3) or
more attached single family dwellings where the units are primarily connected horizontally.
Single-Family Detached: A building containing a single dwelling unit only, which is separated
from all other dwellings by open space.
Two-Family: A building consisting of two (2) dwelling units which have been attached.
DWELLING UNIT: One or more rooms physically arranged so as to create an independent
housekeeping establishment for occupancy by one family with separate bathroom and facilities
for cooking and sleeping.
FAMILY: One or more persons related by blood, marriage or adoption or a group of not
more than five (5) persons not so related, maintaining a common household in a dwelling unit.
PERSON: An individual, corporation, association, partnership or any other group acting as
a unit.
PM 301.3 Sidewalks and driveways - Delete PM 301.3 in its entirety and replace with the
following:
"I'M 301.3 Sidewalks and driveways: All sidewalks, walkways, driveways, parking spaces,
parking space striping, curb stops and similar areas shall be kept in a proper state of repair,
and maintained structurally free of hazardous conditions. Stairs shall comply with the
requirements of Section PM 302.10."
PM 301.4. Weeds - Delete the height of"10 inches" and replace with "8 inches".
PM :301.4.1 Dead Trees - Create a new section as follows:
PM 301.4.1 Dead Trees - No dead trees shall be allowed to remain on real estate within the Village
for more than three (3) months.
PM 301.7 Accessory structures - Add the following sentence: "Peeling paint, decayed wood and
other defective surfaces shall be corrected.
PM 301.8 Motor Vehicles - Delete the words "not more than one" and replace with "no" in first
sentence.
PM 302.1 General - Add the following sentence: "Whenever repair, replacement or maintenance of
exterior surfaces is required to comply with this section, such repair, replacement or maintenance shall
be undertaken so as to match, conform and be consistent with the existing exterior and shall comply
with all applicable provisions of the Village Code of Mount Prospect.
PM 302.2 Street numbers - Delete the words "... 3 inches (76 MM) high and u-inch (13 MM)
stroke" and replace with "... two and one-half inches (21/2'') in height".
PM 302.12 Insect screens - Insert the following dates where required: "April 15 through October
15"
PM 302.16 - Create a new section as follows:
"PM 302.16. Window Locks. Every window and sliding door within twenty feet (20') of the
49
ground, or ten feet (10') of an adjacent roof, exterior stairway, fire escape, porch, or some
other means of access, requires a window lock. In addition, if the window slides up/down to
open/ciose (sash window), it is to be equipped with a device which will allow the window to
be opened at least four inches (4") and no more than six inches (6") when the lock is
activated. These window latch devices are simple mechanisms available cheaply at ail
hardware stores. Storm window and screen window latches are not acceptable."
PM 302.17 - Create a new section as follows:
"PM 302.17. Door Security - Unless there is a 24 hour doorman, all apartment building
entrance doors (front, rear, side, garage) must automatically lock with a deadlocking latch
when they close. A key (or electric door buzzer) is required to open them from the outside,
and a knob, handle or panic bar from the inside. In the case of the front door if there is a
lobby, either the inner or outer foyer door must meet the requirement."
PM 303.4 Lead-based paint - Delete in its entirety.
PM 401.2 Common halls and stairways - Delete in its entirety and substitute with the following:
PM 401.2 Common halls and stairways: Every public hall and stairway in eve~ multiple dwelling
shall be adequately lighted by natural or artificiai light at all times, so as to provide in ail parts thereof
at least ten (10) footcandles of light at the tread of floor level.
PM 601.1 Residential buildings - Delete in its entirety and replace with the following:
PM 601.1. Residential buildings - Eve~ dwelling shail have heating equipment and appurtenances
which are properly installed and are maintained in safe and good working condition, and are capable
of safely and adequately heating ail habitable rooms, bathrooms and water closet compartments in
every dwelling unit located thereon to a temperature of at least 68 degrees F at a distance of thirty-six
inches (36") above floor level under ordina~ winter conditions from September 15 through June 1.
PM 602.4 - Add an entirely new section as follows:
"PM 602.4. Intercom system. Intercom systems installed as a part of the originai
construction or added at a later date shail be maintained in good working condition. The
removai of such a device, item or fixture is prohibited and does not constitute repair or
PM 603.1. General - Delete in its entirety and replace with the following:
"FM 603.1. General - Elevators, escaiators, and dumbwaiters shall be maintained in
accordance with Village Code Section 21.210 and 21.211 ."
Article 7 Fire Safety Requirements - Delete Article 7 in its entirety and replace with the following:
"Artlele 7 - Fire Safety Requirements - The owner of the premises shall provide and
maintain such fire safety facilities and equipment in compliance with Chapter 24 entitled "Fire
Prevention Code" of the Village Code of Mount Prospect. A person shall not occupy as
owner-occupant or permit another person to occupy or use any premises that do not comply
with the requirements of Chapter 24 of the Village Code of Mount Prospect."
PM 801.1 Cleanliness - Add the following sentence:
"Any building or development containing common areas shail be maintained in a clean and
sanitary condition by the entity that owns or is otherwise responsible for the common area."
FM 801.4 Garbage Facilities - Delete in its entirety and replace with the following:
5O
"PM 801.4. Garbage Facilities. The owner of every dwelling shall supply approved
receptacles in accordance with Section 19.201 of the Village Code of Mount Prospect."
PM 802.4 - Add the following sentence as the final sentence:
"When the occupant does not exterminate, the owner shall exterminate."
Article 9 - Delete in its entirety.
Sec. 21.604. Graffiti.
A. It shall be unlawful for any owner of real property or association governing real property
upon which graffiti is placed to fail to remove, cover or otherwise eradicate such graffiti
within fourteen (14) days of receipt of a notice to remove graffiti by the Village.
B. For the purpose of this Article, the term "graffiti" shall mean the inscription or marking of any
wall, fence, sign, sidewalk, pavement, post, stone, tree or other natural object, or any other
public or private struc~u-e of building by carving, the application of paint, or other substance,
or by any other means, other than as permitted by the ordinances o£the Village.
Sec. 21.605. Exterior Openings in Vacant Structures.
A. Exterior Openings to be Secured.
1. Any exterior opening in a vacant structure which, in the judgment of the Director of
Community Development, has fallen into disrepair under the requirements of this
Property Maintenance Code or constitutes a hazard or nuisance to the eitizans of
Mount Prospect shall be enclosed and secured for its entire height and width with
wood or a similar nonpenetrable material.
2. The wood or other nonpenetrable covering affixed in, over, or behind any exterior
opening of a vacant structure shall be painted a color consistent with the exterior of
the vacant structure.
3. No structure or portion of a structure that has been boarded up pursuant to the
provisions of this Section shall be required to be painted if said vacancy is reasonably
anticipated to remain for a period of fourteen (14) days or less.
B. Permit Required.
1. No building may be boarded up in the Village without first obtaining a permit fi.om
the Community Development Department. Application for said permit shall be
accompanied by a statement describing with particularity the type of materials to be
used for the boarding up and the exact area to be boarded up. The fee for said permit
shall be twenty five dollars ($25.00).
2. In the event that a structure is rendered vacant as a result of fire or other sudden
catastrophic occurrence and such that a permit cannot be reasonably obtained prior
to the boarding up of such structure, the owner shall make application for said permit
within forty eight (48) hours of the event rendering said structure vacant.
3. Notwithstanding the requirements contained hereby, any structure rendered vacant
due to fire or other sudden catastrophic occurrence shall not be required to pay the
permit fee provided in subsection B 1 herein.
Sec. 21.606. Notice of Violation.
Upon a finding of one or more violations of the provisions of this Article, the owner shall be notified
in writing of the existence of the violations. The method of serving the notice to the owner shall be
one or more of those described in subsection 21.606B hereinbelow. Failure to comply with the notice
shall be a violation of this Article. This notice may be in lieu of or in addition to any notices required
under BOCA.
A. Content of the Notice. The notice of violations shall:
1. Give the street address or another description sufficient for identification of the
property;
2. Describe the violation(s) at the property;
3. Disclose that fees, charges, and liens as described in Section 21.607 may result fi.om
a failure to remedy the violations;
4. Spec'fly a response period during which the property may be brought into compliance
with this Article before fees, charges, or liens will be assessed; and
5. Disclose the owner's right to appeal the findings of the notice of violation.
B. Effective Date of Notice. The effective date of a notice of violation shall be the date of service
&the notice to the owner. The date of service shall be the day on which the notice is:
1. Mailed first class to the property owner at the address shown on the last available
assessment roll in the office of the County Assessor;
2. Mailed first class to any local agent for the property; or
3. Delivered personally to the property owner or any local agent for the property.
C. Compliance, Inspections and Fees. The Director of Community Development ("Director")
shall monitor compliance with the notice of violation through periodic tracking and inspection
of the repair status. Once a notice of violation has been sent, the owner shall be responsible
for all enforcement fees associated with the property, as described in Section 21.607 until the
violations are corrected.
D. Time Limits for Repair. The Director may set time limits in which the violations are to be
corrected. Failure to comply with the fane limits shall be a violation of this Article.
Sec. 21.607. Enforcement Fees.
A. In order to defray the costs of enforcement of this Article, the following fees shall be imposed
on those properties and owners of those properties which are found not to be in compliance
with the Property Maintenance Code.
B. The Village shall charge a monthly enforcement fee for each property that meets the following
conditions:
1. The property is subject of a notice of violation of this Article described in Section
21.606;
2. A response period of thirty (30) days has passed since the effective date of the initial
notice of violation; and
3. The property remains out of compliance with the initial notice of violation or any
subsequent notice of violation.
52
C. The mount of the monthly enforcement fee shall be:
1. For properties with 1 to 4 dwelling units that are not in compliance within a particular
complex: $50.00
2. For properties with 5 to 20 dwelling units that are not in compliance within a
particular complex: $100.00
3. For properties with more than 20 dwelling units that are not in compliance within a
particular complex: $150.00
D. Whenever the owner believes that ail violations listed in the first or any subsequent notice of
violation have been corrected, the owner shall so notify the Director. Upon receipt of the
notice, the Director shall promptly schedule an inspection of the property and shall notify the
owner if any violations remain uncorrected.
E. Once monthly enforcement fees begin, they shall continue until all violations listed in the first
or any subsequent notice of violation have been corrected.
F. When a property meets the conditions for charging an enforcement fee as described in Section
21.606, the Director shail file a statement with the Finance Director that identifies the
property, the amount of the monthly fee, and the date on which the charges shall begin. The
Finance Director shail then:
1. Notify the property owner(s) of the assessment of enforcement fees;
2. Record a lien against the property with the Recorder of Deeds of Cook County;
3. Bill the property owner(s) monthly for the full amount of enforcement fees owing; and
4. Maintain lien records until:
a. The lien and ail associated interest, penalties and costs are paid in full; and
b. The Director certifies that all violations listed in the original or any subsequent
notice of violation have been corrected.
G. Each person who has an interest in the property on or after the effective date of a notice of
violation shall be personally liable for fees imposed pursuant to this Section, including ail
interest, civil penaities and other charges.
Sec. 21.608. Exceptions to Enforcement Fees.
A. Ir'after October 1 of any year violations on a property have been corrected except those for
exterior paint, roofing, exterior concrete and masonry, the Director may, at the written
request of the owner, temporarily suspend enforcement fees until the following May 1.
However, the owner shall make the emergency repairs to a roof that are necessary to prevent
water damage to the interior.
1. If the owner fails to correct violations within the stated period of suspension, the full
value of all suspended fees shall be reinstated as a charge against the owner.
2. If the owner fails to make needed temporary or emergency roof repairs to prevent
interior water damage, the Director may revoke any fee suspension, and immediately
charge the full vaiue of ail suspended fees.
B. Notwithstanding the other provisions of this Section, the enforcement fee may be waived if
upon application it appears to the Director that the following conditions are met:
1. The dwelling unit is occupied by the owner;
2. The owner furnishes proof that his or her total household income for the preceding
calendar year did not exceed fifty percent (50%) of the adjusted household median
income for the Chicago area, as determined by the U.S. Department of Housing and
Urban Development."
SECTION TVVO: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
AYES: Clowes, Corcoran, Hoefert, Lohrstorfer, Nocchi, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 7th dayof October ,1997.
Village President
ATTEST:
Carol A. Fields
Village Clerk
54