HomeMy WebLinkAboutOrd 5339 06/17/2003
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ORDINANCE NO. 5339
AN ORDINANCE AMENDING CHAPTERS 18,19,21, AND 23
OF THE VILLAGE CODE OF MOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 17th day of June, 2003
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
18th day of June, 2003
ORDINANCE NO. 5339
AN ORDINANCE AMENDING
CHAPTERS 18, 19,21 AND 23 OF THE
THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Section 18.1312, entitled "Truck Loading and Parking in
Residence Districts" of Chapter 18 of the Village Code of Mount Prospect shall be
deleted in its entirety and a new Section 18.1312, entitled "Truck, Trailer and Bus
Loading and Parking" shall be inserted in its stead which shall be and read as follows:
Sec. 18.1312.
TRUCK, TRAILER AND BUS LOADING AND
PARKING
A. Residential District. No person shall stand or park any truck, any
tractor of any kind, semi-trailer or bus on any street in any residence
district within the Village for a longer period than is necessary for the
expeditious loading or unloading.
B. Certain Other Districts. No person shall stand or park any truck,
any tractor of any kind, semi-trailer or bus in any private parking area,
except hotels or motels, in any Business, Office, Conservation Recreation
or Office Research District in the Village except for the expeditious loading
or unloading of such vehicle. Under no circumstances shall such standing
or parking be for longer than two hours.
SECTION 2: Subparagraphs A(1)(b) and (c) to Section 19.204 entitled
"Accumulation of Garbage" to Chapter 19 of the Village Code of the Village of Mount
Prospect shall be amended by deleting subparagraphs A(1 )(b) and (c) (along with all
subparagraphs under (c)) in their entirety and inserting in lieu thereof the following new
subparagraphs (b) and (c) to read as follows:
b. If, after lapse of the aforesaid forty eight (48) hour period, such owner
or occupant of such property refuses or neglects to remove such garbage
and/or debris to be removed from the said property and shall cause
collection from such owner or occupant the cost of such removal which
shall be paid over to the Treasurer of the Village.
c. If, upon receipt of such invoice, such owner or occupant refuses or
neglects to pay the cost for such removal, the Coordinator, on behalf of
the Village, or the person performing the service by authority of the
Village, in his or its own name, shall file a notice of lien within one year
after such cost and expense is incurred, which notice of lien shall be filed
in the office of the Cook County Recorder of Deeds, or in the office of the
Cook County Registrar of Titles where the real estate affected is
registered under the Torrens system.
(1) Upon payment of the cost and expense by the owner
of or persons interested in such property after notice of lien
has been filed, the lien shall be released by the Village or
person, in whose name the lien had been filed and the
release may be field of record as in the case of filing notice
of lien.
(2) The lien may be enforced by proceedings to foreclose
as in case of mortgages or mechanics' liens.
SECTION 3: Sections 19.602, entitled "Incorporation of Public Swimming Pool
Rules and Regulations" and Section 19.603 entitled "Amendments, Deletions and
Modifications" of Chapter 19 of the Village Code of Mount Prospect shall be deleted in
their entirety and new Section 19.602 and 19.603 shall be inserted in their stead which
shall be and read as follows:
19.602:
INCORPORATION OF PUBLIC SWIMMING POOL RULES AND
REGULATIONS.
For the purpose of establishing sanitation rules and regulations for the
operation of public swimming pools, there is hereby adopted the 2001 Edition
of the Rules and Regulations Pertaining to the Minimum Sanitary
Requirements for the Design and Operation of Swimming Pools and Bathing
Beaches promulgated by the State of Illinois Department of Public Health,
together with all appendices thereto, and all subsequent editions or
amendments except such portions thereof as are amended, deleted or
modified as set forth in Section 19.603 of this Article.
19.603:
AMENDMENTS, DELETIONS AND MODIFICATIONS:
The following provisions of the Rules and Regulations Pertaining to the
Minimum Sanitary Requirements forthe Design and Operation of Swimming
Pools and Bathing Beaches (hereinafter referred to in this Section as
"Sanitary Regulations") are hereby amended, deleted or modified.
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A. SECTION 820.10 Add the following definitions
SECTION 820.10 DEFINITIONS
APPLICANT: Any person making application for a permit or license.
DEPARTMENT: The Village of Mount Prospect Community Development
Department.
DIRECTOR: The Director of the Community Development Department.
LICENSEE: Any individual having a license under this Regulation, any member of a
firm, partnership or association to which a license is issued under this Regulation,
and any corporation having a license under this Regulation.
PERSON: Any individual, association, trust, corporation, or person doing business
under an assumed name.
REVOCATION: To declare invalid, for an indefinite period of time, a permit or
license issued to the applicant or licensee by the Department.
SUSPENSION: To declare invalid a permit or license issued to the applicant or
licensee by the Department, for a temporary period of time with an expectation of
resumption.
SWIMMING POOL MANAGER/OPERATOR: The person responsibleforthe actual
daily operation, or for the supervision of the operation, of a swimming pool.
B. SECTION 820.100 of the Sanitary Regulations is hereby deleted in its entirety
and a new SECTION 820.100 substituted therefore, which said new Section shall
hereafter be and read as follows:
SECTION 820.100 PERMITS
1. After August 1, 1982, it shall be unlawful for any person to open, establish,
maintain or operate a public swimming pool within the Village without first
obtaining a license therefore from the Department. Such license shall expire
one year from date of issuance. Applications for original licenses shall be
made on forms furnished by the Department. Each application to the
Department shall be signed by the applicant. Each application shall contain:
The name and address of the applicant, or names and addresses of the
partners if the applicant is a partnership, or the name and address of the
officers if the applicant is a corporation, or the names and addresses of all
persons having an interest therein if the applicant is a group of individuals,
association or trust; and the location of the public swimming pool. A license
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shall be valid only in the hands of the person to whom it is issued and shall
not be the subject of sale, assignment or other transfer, voluntary or
involuntary, nor shall the license be valid for any premises other than those
for which originally issued. Upon receipt of an application for an original
license, the Department shall inspect such public swimming pool to insure
compliance with this Regulation. No license shall be issued herein with
respect to the construction, development or installation of a public swimming
pool unless the applicant has first obtained a State permit therefore, as
required by chapter 111 1/2, sections 1201-1227, Illinois Revised Statutes.
2. The fee to be paid by an applicant for a license is seventy five dollars
($75.00). Thirty (30) days before expiration of the license, application for
renewal of the license shall be made in writing by the holder of the license,
on forms furnished by the Department, and shall be accompanied by a fee of
seventy five dollars ($75.00). The license application shall contain any
change in the information submitted since the original license was issued or
the latest renewal granted. If, after inspection, the Department is satisfied
that the public swimming pool is in substantial compliance with the provisions
of this Regulation, the Department shall issue the renewal license.
3. If the Department finds that the facilities of any public swimming pool for
which a license is sought are not in compliance with the provisions of this
Regulation but may operate without undue prejudice to the public, the
Department may issue a conditional or temporary license setting forth the
conditions on which the license is issued, the manner in which the public
swimming pool fails to comply with the Regulations, and shall set forth the
time within which the applicant must make any changes or corrections
necessary to fully comply with this Regulation.
4. Subject to constitutional limitations, the Department, by its representatives
after proper identification, is authorized and shall have the power to enter at
reasonable times upon private or public property for the purpose of
inspecting and investigating conditions relating to the enforcement of this
Regulation. Written notice of all violations shall be given to the owners,
operators and licensees of public swimming pools.
5. It shall be the duty of the owners, operators and licensees of public
swimming pools to give the Department and its authorized agents free
access to such premises at all reasonable times for the purpose of
inspection.
6. Licensees shall cause to be submitted water samples and such operational
and analytical data and records as may be required by the Department to
determine the sanitary and safety conditions of the public swimming pool.
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7. Whenever the Department determines that there are reasonable grounds to
believe that there has been violation of any provision of this Regulation, the
Department shall give notice of such alleged violation to the person to whom
the license was issued as herein provided. Such notice shall:
a. Be in writing;
b. Include a statement of the reasons for the issuance of the notice;
c. Allow reasonable time, as determined by the Department, for the
performance of any act it requires;
d. Be served upon the owner, operator or licensee as the case may
require; provided that such notice or order shall be deemed to have
been properly served upon such owner, operator or licensee when a
copy thereof has been sent by registered or certified mail to his last
known address as furnished to the Department; orwhen he has been
served with such notice by any other method authorized by the laws
of this State.
e. Contain an outline of remedial action, which, if taken, will be required
to effect compliance with the provisions of this Regulation.
8. The Department shall, in any proceeding to suspend, revoke or refuse to
issue a license or permit, first serve or cause to be served upon the applicant
or licensee a written notice specifying the way or ways in which such
applicant or licensee has failed to comply with this Regulation. In the case of
a revocation or suspension, this notice shall require the licensee to remove
or abate such violation, unsanitary or objectionable condition specified in
such notice within five (5) days or within a longer period of time as may be
allowed by the Department; if the licensee fails to comply with the terms and
conditions of the notice within such specified time or such extended period of
time, the Department may revoke or suspend such license or permit. If an
applicant fails to comply with the Regulation, rules or regulations or
standards promulgated thereunder, the Department may refuse to issue a
license.
9. The Department shall give written notice by certified or registered mail to any
person refused a license or whose license is suspended or revoked; such
person has a right to a hearing before the Department; however, a written
notice of a request for such a hearing shall be served on the Department
within ten (10) days of notice of such refusal of a license or suspension or
revocation thereof. The hearing shall be conducted by the Director or a
hearing officer designated in writing by the Director to conduct the hearing. A
stenographic record shall be made of the hearing and the cost borne by the
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Department; however, a transcription of the hearing will be made only if a
party requests and shall be transcribed at the cost of such party.
10. The hearing shall be conducted at such place as designated by the
Department. The Director shall give written notice of the time and place of
hearing, by registered or certified mail, to the owner, operator, licensee or
applicant as the case may be, at least twenty (20) days before such hearing.
The Director or hearing officer shall permit the owner, operator, licensee or
applicant to appear in person or to be represented by counsel at the hearing
at which time such party shall be afforded an opportunity to present all
relevant matter in support of his application for license or in resisting the
revocation or suspension thereof.
11. The Director or hearing officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of
books and papers and administer oaths to witnesses. All subpoenas issued
by the Director may be served as provided for in a civil action. The fees of
witnesses for attendance and travel shall be the same as the fees for
witnesses before the circuit court and shall be paid by the party to such
proceeding at whose request the subpoena is issued. If such subpoena is
issued at the request of the Department, the witness fee shall be paid as an
administrative expense.
12. In cases of refusal of a witness to attend or testify or to produce books or
papers concerning any matter upon which he might be lawfully examined, the
circuit court of the county, or a judge thereof, upon application of any party to
the proceeding, may compel obedience by proceeding as for contempt.
13. In the event of the inability of any party or the Department to procure the
attendance of witnesses to give testimony or produce books and papers,
such party or the Department may take the deposition of witnesses in
accordance with the laws of this State. All testimony taken at a hearing shall
be reduced to writing, and all such testimony and other evidence introduced
at the hearing shall be a part of the record of the hearing.
14. The Director shall make findings of fact in such hearing, and the Director
shall render his decision within thirty (30) days after the termination of the
hearing, unless additional time is required by him for a proper disposition of
the matter. It shall be the duty of the Director to forward a copy of his
decision by registered or certified mail to the owner, operator, licensee or
applicant within five (5) days of rendition of such decision. Technical errors in
the proceeding before the Director or the failure to observe the technical
rules of evidence shall not be grounds for the reversal of any administrative
decision unless it appears to the court that such error or failure materially
affects the rights of any party and results in substantial injustice to him.
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15. The Department is not required to certify any record or file any answer or
otherwise appear in any proceeding for judicial review unless the party filing
the complaint deposits with the clerk of the court the sum of one dollar
($1.00) per page representing costs of such certification. Failure on the part
of the plaintiff to make such deposit shall be grounds for dismissal of the
action.
16. Whenever the Department finds any of the conditions hereinafter set forth it
shall, by written notice, immediately order the owner, operator or licensee to
close the public swimming pool and to prohibit any person from using such
facilities:
a. If conditions at a public swimming pool and appurtenances, including
bathhouse facilities, upon inspection and investigation by a
representative of the Department, create an immediate danger to
health or safety; or
b. When the Department, upon review of results of bacteriological
analyses of water samples collected from a public swimming pool,
finds that such water does not conform to the bacteriological
standards promulgated by the Department for proper swimming water
quality; or
c. When the Department finds by observation or test for water clarity of
the public swimming pool a higher turbidity level than permitted in the
standards for physical quality as promulgated by the Department; or
d. When in such cases as it is required, the presence of a satisfactory
disinfectant residual, prescribed by rule as promulgated by the
Department, is absent.
Then notice shall state the reasons prompting the closing of the facilities and
a copy of the notice must be posted conspicuously at the swimming pool by
the owner, operator or licensee.
17. Any owner, operator or licensee affected by such an order is entitled, upon
written request to the Department, to a hearing as provided in this
Regulation.
18. When such conditions are abated or when the results of analyses of water
samples collected from the public swimming pool, in the opinion of the.
Department, comply with the Departments' bacteriological standards for
acceptable water quality, or when the turbidity decreases to the permissible
limit, or when the disinfectant residual reaches a satisfactory level as
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prescribed by rule, the Department may authorize reopening the swimming
pool.
19. Any person, firm or corporation convicted of a violation of any of the
provisions of this Regulation shall be punished by a fine of not less than one
hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00)
for each offense. A separate offense shall be deemed to have been
committed for each day a violation occurs or continues.
20. If any part of this Regulation is adjudged invalid, such adjudication shall not
affect the validity of the Regulation as a whole or of any other part.
21. All fees shall be submitted in the form of a check or money order. All licenses
and permits provided for in this Regulation shall be displayed in a
conspicuous place for public view, within or on such premises. In case of
revocation or suspension, the owner or operator or both shall cause the
license to be removed and to post the notice of revocation or suspension
issued by the Department.
C. SECTION 820.140 of the Sanitary Regulations is hereby deleted in its
entirety.
D. SECTION 820.150 of the Sanitary Regulations is hereby deleted in its
entirety.
SECTION 4: Section 21.501, entitled "Definitions of Words and Phrases" of
Article V of Chapter 21 ofthe Village Code of Mount Prospect shall be amended by adding
a new definition to be inserted in alphabetical order and shall be and read as follows:
NEW CONSTRUCTION: An existing structure shall be considered as new
construction and shall meet all of the provisions of this Code and all other
adopted codes and standards for new construction when either of the
following conditions exist:
A. The lineal feet measurement of demolished exterior walls is greater
than 50% of the total lineal feet of the existing exterior walls
(perimeter of the existing walls). For the purpose of this definition a
wall is considered to be demolished when, in the opinion ofthe Village
Engineer, the structural integrity of the wall has been compromised
(no longer capable of supporting the structure) or when 2 or more
components of the wall are removed; or
B. The square footage of the structure is increased by 150% of the
existing structure's square footage. In single-family homes and town
homes the habitable square footage shall be used as a basis for
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determining the percentage of square footage increase.
SECTION 5: Section 21.603, entitled "BOCA Property Maintenance Code
Adopted; Amendments" of Chapter 21 of the Village Code of Mount Prospect shall be
deleted in its entirety and a new Section 21.603, entitled "International Property
Maintenance Code Adopted; Amendments" shall be inserted in its stead which shall be and
read as follows:
21.603:
INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED;
AMENDMENTS.
For the purpose of establishing rules and regulations governing property
maintenance, there is hereby adopted the 2000 Edition of the International Property
Maintenance Code together with all appendices, except such portions as are
hereinafter expressly deleted, amended or modified:
Chapter 8 - Referenced Standard - Amend by deleting "International Plumbing
Code" and substituting therefore "Illinois Plumbing Code".
102.4 - Delete "International Plumbing Code" and substituting therefore "Illinois
Plumbing Code".
106.1 - Add the following sentence: "In any instance where the Association is
responsible for the repair and maintenance of a 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."
107.5. Enforcement procedure. Delete in its entirety and replace with the following:
107.5 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.
109.6 Hearing - Delete in its entirety and substitute with the following:
109.6 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.
111.1 Petition - Replace the word "board" with "Village Manager".
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111.2 through 111.8 - Delete in their entirety.
302.3 Sidewalks and driveways - Delete 302.3 in its entirety and replace with the
following:
302.3 Sidewalks and driveways: All sidewalks, walkways, stairs, 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.
302.4. Weeds - Delete the height of "10 inches" and replace with "8 inches".
302.10 Dead Trees - Create a new section as follows:
302.10 Dead Trees - No dead trees shall be allowed to remain on real estate within
the Village for more than three (3) months.
303.1 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."
303.14 Insect screens - Insert the following dates where required: "April 15 to
October 1 5".
303.13.3 - Create a new section as follows:
"303.13.3 Window Locks. Every window and sliding door within twenty feet (20') of
the 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/close (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 low cost mechanisms available at hardware stores. Storm window and screen
window latches are not acceptable."
303.15.1 - Create a new section as follows:
"303.15.1 Door Security - Unless there is a 24-hourdoorman, 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. I n the case of the front
door if there is a lobby, either the inner or outer foyer door must meet the
requirement."
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306.4 - Add the following sentence as the final sentence:
"When the occupant does not exterminate, the owner shall exterminate."
602.2 Residential occupancies - Delete the words "... 65 degrees Fahrenheit" and
replace with "Y68 degrees Fahrenheit"; and insert the following dates where
required: "September 15 to June 1".
605.4 - Add an entirely new section as follows:
"605.4. Intercom system. Intercom systems installed as a part of the original
construction or added at a later date shall be maintained in good working condition.
The removal of such a device, item or fixture is prohibited and does not constitute
repair or maintenance."
606.1. General - Delete in its entirety
SECTION 6: Paragraph B to Section 23.1401.1, entitled "Weeds" of Chapter 23 of
the Village Code of Mount Prospect shall be deleted in its entirety and a new paragraph B
to Section 23.1401.1, entitled "Weeds" shall be inserted in its stead which shall be and
read as follows:
B. Lien Against Property: If weeds, referred to in this Article, are cut by the
Village or by someone directed to cut them on behalf of the Village, a notice
of lien of the cost and expense thereof incurred by the Village shall be
recorded in the following manner: The Village or the person performing the
service by authority of the Village, in its or his own name, may file notice of
lien in the office of the Recorder of Deeds in the county in which such real
estate is located, or in the office of the Registrar of Titles of such county, if
the real estate affected is registered under the Torrens System. The notice of
lien shall consist of a sworn statement setting out:
1. A description of the real estate sufficient for identification thereof;
2. The amount of money representing the cost and expense incurred or
payable for the service; and
3. The date or dates when the cost and expense was incurred by the
Village.
Such notice shall be filed within one year after the cost and expense is
incurred.
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SECTION 7: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law.
AYES:
Hoefert, Lohrstorfer, Skowron, Zadel
NAYS:
None
ABSENT:
Corcoran, Farley
PASSED and APPROVED this 1 ih day of June, 2003.
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Irvana K. Wilks, Mayor Pro Tem
C:IMyFil eslMplORDSIMPCodeU pdates6-3-03. wpd
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The attached document reflects the changes to Chapter 21.
The changes are noted in bold.
SECTION: CHAPTER 21
BUILDING CODE
21.101:
21.102:
21.103:
21.104:
21.105:
21.106 :
21.107:
21.108 :
21.109 :
21.110:
21.111:
Purpose
Scope
2000 International Building Code Adopted
International Mechanical Code Adopted
Illinois State Plumbing Code Adopted
2000 International Residential Code Adopted
2002 National Electrical Code Adopted
Special Requirements for Buildings
Containing four or more stories
Special Requirements for Existing
Use Group R-l And R-2
Filing Requirements
Miscellaneous Provisions
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 from fire and hazards incident to the
design, construction, alteration, removal or demolition of buildings and structures in the
village limits. (Ord. 4512, 1-5-1993; amd. Ord. 4893, 10-7-1997)
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 hereafter erected and, where expressly stated, existing on land or over
water; and to buildings and structures and equipment for the operation thereof hereafter
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 from one occupancy classification to another. (Ord. 4512, 1-5-1993;
amd. Ord. 4893, 10-7-1997)
21-103: INTERNATIONAL 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 2000 edition of the IBC International Building Code
promulgated by the International Code Council, together
with all appendices, except such portions thereof as are hereinafter expressly deleted,
modified or amended.
A. While the 2000 edition of the IBC international 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
International Building Code:
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Code Update
June 2003
Page 2
1. Section 101.1 - Insert: (JURISDICTION) - VILLAGE OF MOUNT PROSPECT
2. Amend subsection 101.4.1 (Electrical) by deleting the words "International
Electrical Code" and add the words "2002 National Electrical Code".
3. Amend subsection 101.4.4 (Plumbing) by deleting the words "International
Plumbing Code" and add the words "1998 Illinois State Plumbing Code".
4. Delete Section 105 (Permits) in its entirety.
5. Section 108.2 - Insert: (APPROPRIATE SCHEDULES) - Refer to Article V -
FEES, BONDS AND DEPOSITS - of the Village of Mount Prospect Building Code.
6. Delete section 110 (CERTIFICATE OF OCCUPANCY) in its entirety.
7. Delete the text from section 112 (BOARD OF APPEALS) in its entirety and add
new section 112.1 as follows:
Application for appeal: Any person shall have the right 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.
8. Section 113 - Insert: (OFFENSE) - Misdemeanor, (AMOUNT) See Appendix A,
Divisions II and III of the Village Code, (NUMBER OF DAYS) - 30 days.
9. Section 114 - Insert: (DOLLAR AMOUNTS IN TWO LOCATIONS) See
Appendix A, Divisions II and III of this Village Code.
10. 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.
11. Amend the text in Table 302.1.1 (INCIDENTAL USE AREAS) to include the
following:
Code Update
June 2003
Page 3
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, handicraft 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: I hour and automatic sprinkler system.
12. Amend subsection 302.3.3 (PRIVATE GARAGES - Attached to rooms) as follows:
Change" 1/2 inch" to read "5/8 inch, type X gypsum".
13. Amend subsection 302.3.3 (PRIVATE GARAGES - Door sills) as follows:
change "4" (102 mm) to "6" (153 mm) Elevation Separation.
14. Amend section 307.0 (HIGH-HAZARD GROUP H) by adding the following new
subsection 307.1.2
307.1.2 - Restricted locations: Except as otherwise specifically provided for herein,
buildings of Use Group H shall not be located within 1000 feet ofthe nearest wall of a
building classified in Use Group A, I or R.
15. Amend Subsection 403.1 (High-Rise Buildings-Applicability) as follows:
Changing "75" feet (22860mm) to read "35" feet (10670 mm).
16. Amend Subsection 403.1 by deleting exceptions (1 through 5).
17. Amend subsection 705.3 (FIRE WALLS - Horizontal continuity of) as follows:
Change the wording "any approved noncombustible" to read "solid or hollow
masonry units or of plain or reinforced concrete".
18. Delete exception 705.5 (1 through 3).
19. Amend subsection 705.6 (Vertical continuity) by deleting exceptions (1 through
5).
20. Amend subsection 706.2 (Materials) to read "The walls shall be solid or hollow
masonry units or of plain or reinforced concrete".
Code Update
June 2003
Page 4
21. Amend subsection 708.2 (Materials) to read "The walls shall be solid or hollow
masonry units or plain or reinforced concrete"
22. Delete section 803, "Particleboard" in its entirety.
23. Add new subsection 910.2.5. (Smoke and Heat Vents) to read:
910.2.5 Smoke Hatches: An approved smoke hatch shall be installed at the top
of all interior stairwells in non residential buildings and are not required in single
family dwellings.
24. Amend subsection 1404.2 (Water-resistive barrier). Add the phrase "sheathing
paper shall be installed per the manufacturer's specifications".
25. Amend subsection 1405.3 (Flashing). To read: "An approved corrosion-resistive
flashing shall be provided in the exterior wall envelope in such a manner as to
prevent entry of water into the wall cavity or penetration of water to the building
structural framing components. The flashing shall extend to the surface of the
exterior wall finish and shall be installed to prevent water from reentering the
exterior wall envelope. Approved corrosion-resistant flashing shall be installed at
all of the following locations":
a. Around all exterior penetrations, window and door openings in such a
manner as to be leak proof. Self-flashing windows must be properly
integrated/flashed into the building paper.
b. At the intersection of chimneys or other masonry construction with frame or
stucco walls, with projecting lips on both sides under stucco copings.
c. Under and at the ends of masonry, wood or metal copings and sills.
d. Continuously above & below all projecting trim.
e. Where exterior porches, decks or stairs attach to a wall or floor assembly of
wood-frame construction.
f. At wall and roof intersections.
g. At built-in gutters.
h. Under door thresholds.
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26. Amend subsection 1608.2 (Ground snow loads) as follows:
1608.2 Ground snow loads: The 100-year mean recurrence interval shall 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 category in
Figure 1608.3(2). The snow load design used for temporary buildings shall be
approved by the Building Official.
27. 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 ofMt. Prospect for buildings and structures shall be 90 mph as
determined by Figure 1609.
28. Amend subsection 1805.4.6 (Wood foundations) to read as follows:
1808.3 Wood foundations: "Wood foundations are hereby prohibited".
29. Amend subsection 1805.4.3 (MASONRY-UNIT FOOTINGS) by deleting
subsections 1805.4.3.1 and 1805.4.3.2 in their entirety. Add new subsection
1805.4.3.1 to read as follows:
1805.4.3.1 Masonry - unit footings are hereby prohibited.
30. Amend section 1805.5 (FOUNDA TION WALLS) by adding the following
subsection:
1805.5.1 (Construction): All foundation walls shall be of monolithic ally
poured concrete.
31. Create New Section 1917 (Modification to ACI 318).
1. 1917.1 (Scope): The provisions of this section shall control the design,
construction and workmanship of concrete placed on ground exposed to freezing
and weathering conditions on the lot of a one- and two-family dwelling.
2. 1917.2 (Records): A written record provided from the material supplier shall be
provided to the authority having jurisdiction upon completion of delivery of
concrete. (ACI 318 3.1.3)
3. 1917.2.1 Records shall contain the following information:
(ACI 318.3.8 ASTM C94 16)
a. Time that water was introduced to the concrete mix
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b. Time at the end of the concrete pour
c. Cement mix ratio
d. Amount of water added on site
e. Total number of drum revolutions
f. Amount of chloride added to the cement mix
g. Amount of admixtures in cement mix
h. Air content of cement mix
4. 1917.3 (Cement/Water ratio): The maximum water Icement ratio shall conform
to ACI 318 standards. (ACI318.4.2 PCA pp.78-79).
Section 1918 DEFINITIONS:
1918.1 General. For the purpose of the requirements the terms used shall be defined
as follows and set forth in chapter 2.
APRON. The portion of the driveway from the street to the property line.
CONTROL JOINT. A joint provided to allow movement in a plane of a slab and to
induce cracking in a pre-selected location.
DRIVEWAY. A slab on grade provided for the travel of vehicles.
EXPANSION JOINT. See "Isolation joint".
ISOLATION JOINT. A joint provided to allow movement between separate slabs
on grade.
REBAR. See "reinforcing bar".
REINFORCING BAR. A steel bar either deformed or smooth which supports and
reinforces joints and intersections.
SLAB ON GRADE. A concrete member which has a stone base supported by the
ground below.
STOOP. The piece of concrete, which allows for differences between an entryway
and the final grade of the property.
PIER. A column used to support a concentrated load generally installed at a depth
of 42".
WELDED WIRE FABRIC. A series of longitudinal and transverse wires arranged
at right angles to each other and welded at all points of intersection.
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WING WALL. A section of the concrete foundation that runs perpendicular to the
foundation and extends under a stoop to provide support.
Section 1919 SLAB ON GRADE:
1. 1919.1 General. Concrete slab-on-ground shall be a minimum 4 inches thick. The
specified compressive strength of concrete shall be set forth in Section 402.2.
Exception: The thickness for a slab-on-grade designed for vehicle travel
shall have a minimum thickness of 5 inches.
2. 1919.2 Site preparation. The area within the forms shall have all vegetation,
topsoil and foreign materials removed.
3. 1919.3 Fill. Fill material shall be free of vegetation and foreign material. The fill
shall be compacted to assure uniform support of the slab. The fill depth shall not
exceed 24 inches for gravel and 8 inches for earth.
4. 1919.4 Base. A 4-inch thick base course consisting of clean graded CA 6 stone, or
equivalent, shall be placed on the prepared sub-grade and properly compacted.
5. 1919.5 Reinforcement. Steel reinforcement shall be provided to control cracking
and movement of concrete slab-on-grade construction.
SECTION 1920 JOINT REQUIREMENTS:
1. 1920.1 Application. The provisions of the section shall control the design, location
and installation of joints for slab-on-grade construction.
2. 1920.2. Joints. A slab-on-grade shall be provided with necessary joints that shall
comply with the following:
3. Isolation joints shall be provided at the following locations: (ACI 318 22.3 peA
pp. 113-115)
a. The intersection of driveway to foundation.
b. The intersection of driveway to public walk.
c. The intersection of driveway to garage floor.
d. The intersection of driveway to private walk.
e. The intersection of Apron to public walk.
f. The intersection of apron to curb.
g. The intersection of an unsupported stoops to foundation.
h. The intersection of new slab-on-grade to existing slab-on-grade.
i. Any other location deemed necessary by the code official.
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4. Control joints shall be provided based on the following formula: Thickness of
concrete in inches multiplied by two converted into feet. Example: 4 inch slab shall
have control joints spaced at 8 feet intervals. (PCA table 9-2)
5. If saw cut, control joints must be installed within 24 hours of final finishing of
the concrete. (PCA p.114)
6. The maximum distance between control joints in any direction shall be 10 feet.
SECTION 1921 REINFORCEMENT:
1. 1921.1. Slab-on-grade. #10 welded wire fabric shall be installed in all slab-on
grade construction.
Exception: Slabs-on-grade that are in the public right of way shall not have
welded wire reinforcement unless specifically requested by the authority having
jurisdiction.
2. 1921.1.1 Location. Welded wire fabric shall be located in the upper 1/3 of
the thickness of the slab-on-grade member.
3. 1921.2. Replacement stoops. Replacement stoops shall be property attached to
wing walls or piers using an appropriate number of %" deformed rebar.
4. 1921.2.1. Appropriate number of rebar to be determined by the authority
having jurisdiction.
SECTION 1922 STOOPS
1. 1922.1. Application. The provisions of this section shall control the design and
installation of stoops.
2. 1922.2. Single step. Any stoop consisting of only one step may be supported using
a 8" pier that is at a depth below the local frost line.
3. 1922.2.1. The maximum distance between piers supporting a single step stoop
shall be 48".
4. 1922.3. Multiple step. Any stoop consisting of two or more risers shall be
supported by wing walls that are properly attached to the building foundation.
32. Amend subsection 3002.4 (Hoistway Enclosures) by Changing the following the
following: "All passenger elevators shall have a minimum interior width or deptb of
at least 80 inches measured at 31 inches above the top of finished floor".
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33. Amend subsection 3006.1(Access) to read: "An approved means of access shall
be provided to elevator machine rooms and overhead machinery equipment spaces.
This means is not to be used as a passage way through the machine room to other
areas of the building or roof".
34. Create New Section 3007.0: Existing Elevators Deleted in the 2000 International
Building Code to read;
1. 3007.1 "All existing elevators shall comply with ASME 199617.3, Safety
Code for existing elevators and escalators".
35. Create New Section 3008.0 Maintenance and Accidents.
1. 3008.1 Owner responsibility: The owner or the owner's legal agent for the
building in which the equipment is located shall be responsible for the care,
maintenance and safe operation of all equipment covered by this article after
the installation thereof and acceptance by such owner or agent. The owner
or legal agent shall make or cause to be made all periodic tests and
inspections, and shall maintain all equipment in a safe operating condition,
as required by this article.
2. 3008.2 Contractor Responsibility: "The person installing any device covered
by this article shall make all acceptance tests and shall responsible for the
care and safe operation of such equipment during its construction and until
temporarily or finally accepted by the building owner or the owner's legal
agent".
3. 3008.3 Maintenance Items: "All operating and electrical parts and accessory
equipment or devices subject to this article shall be maintained in a safe
operating condition. The maintenance of elevators, dumbwaiters and
escalators shall conform to ASME A17.1 listed in Appendix A".
4. 3008.4 Unsafe Conditions: " If, upon inspection, any equipment covered in
this article is found to be in an unsafe condition, or not in accordance with
the provisions of this code, the code official shall thereupon serve a written
notice of such finding upon the building owner or lessee, stating the time
when recommended repairs or changes shall be completed. After the service
of such notice, it shall be the duty of the owner to proceed within the time
allowed to make such repairs or changes as necessary to place the equipment
in a safe condition. It shall be unlawful to operate such equipment after the
date stated in the notice unless such recommended repairs or changes have
been made and the equipment has been approved, or unless an extension of
time has been secured from the code official in writing.
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5. 3008.4.1 Power to seal Equipment: "In cases of emergency, the code official,
in addition to any other penalties herein provided, shall have the power to
seal out of service any device or equipment covered by this article when, in
the opinion of the code official, the condition of the device is such that the
device is rendered unsafe for operation: or for willful failure to comply with
recommendations and orders".
6. 3008.4.2 Notice of sealing out of Service: "Before sealing any device out of
service, the code official, except in case of emergency, shall serve written
notice upon the building owner or lessee stating intention to seal the
equipment out of service and the reason therefore".
7. 3008.4.3 Unlawful to remove seal: "Any devise sealed out of service by the
code official shall be plainly marked with a sign or tag indicating the reason
for such sealing. Any tampering with, defacing or removal of the sign, tag or
seal without the approval shall constitute a violation of this article".
8. 3008.5Accidents reported and recorded: The owner of the building shall
immediately notify the code official of every accident involving personal
injury or damage to apparatus on, about or in connection with any
equipment covered by this article, and shall afford the code official every
facility for investigating such accident. When an accident involves the
failure, breakage, damage or destruction of any part of the apparatus or
mechanism, it shall unlawful to use such device until after an examination
by the code official is made and approval of the equipment for continued use
is granted. It shall be the duty of the code official to make a prompt
examination into the cause of the accident and to enter a full and complete
report thereof in the records of the building department. Such records shall
be open for the public inspection at all reasonable hours".
9. 3008.6 Removal of damaged parts: It shall be unlawful to remove from the
premises any part of the damaged construction or operating mechanism of
elevators, or other equipment subject to the provisions of the article, until
permissions to do so has been granted by the code official".
36. Create New Section 3009.0 Certificate of Compliance:
1. 3009.1: The operation of all equipment governed by the provisions of the
chapter and hereafter installed, relocated or altered shall be unlawful by
persons other than the installer until such equipment has been inspected
and tested as herein required and a final certificate of compliance has been
issued by the code official".
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2. 3009.2 Posting Certificates of Compliance: "The owner or lessee shall post
the current-issued certificate of compliance in a conspicuous place inside of
the elevator".
37. Create New Section 3010.0 Construction Documents and Permits:
1. 3010.1: Application: The application for a permit shall be accompanied by
construction documents in sufficient detail and indicating the location of the
machinery room and equipment to be installed, relocated or altered; and all
supporting structural members, including foundations. The construction
documents shall indicate all materials to be used and all loads to be
supported or conveyed.
2. 3010.2: Permits: Equipment or devices subject to the provisions of this
code shall not be constructed, installed, relocated or altered unless a permit
has been received from the code official before the work is commenced. A
copy of such permit shall be kept at the construction site at all times while
the work is in progress".
38. Create New Section 3011.0 Tests and Inspections:
1. 3011.1 General: "All equipment and devices by the provisions of this code
shall be subjected to acceptance and maintenance tests and periodic
inspections as required herein".
2. 3011.2 Acceptance Test: "Acceptance tests and inspections shall be
required on all new and altered equipment subject to the provisions of this
chapter. Tests and inspections shall be of such a nature as to determine
whether the entire installation is designed, constructed and installed in
compliance with this code, and shall include all parts of the equipment and
machinery. All such tests shall be made in compliance with the
requirements of Section 3004.5 and in the presence of the code official, and
by the person installing such equipment".
3. 3011.3 Periodic tests and periodic inspections: "Periodic tests shall be
required on all new and existing power elevators, and periodic inspections
shall be made of all and existing equipment subject to the provisions of this
chapter".
4. 3011.3.1 Periodic tests: "Periodic tests shall be made by the code official, or
by an approved agency, and shall be made at the expense and responsibility
of the owner. Where such tests are not made by the code official, the
approved agency shall submit a detailed report of the tests to the code
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official on approved forms not more than 30 days after completion of the
tests".
5. 3011.3.2 Periodic inspections: "Periodic inspections shall be made by the
code official or by an approved agency. Where such inspections are not
made by the code official, the approved agency shall submit a detailed
report of the inspection to the code official on approved forms not more
than 30 days after the completion of the inspection".
39. Create New Section 3012.0 Additional Information:
1. 3012.1 Miscellaneous hoisting and elevating equipment: "All miscellaneous
hoisting and elevating equipment shall be subject to tests and inspections as
required by the code official to ensure safe operation".
2. 3012.2 Conveyors: "Conveyors and related equipment shall be inspected
and tested in accordance with ASME B20.1listed in Chapter 35".
40. Section 3409.2 -Insert (DATE) - the date of adoption of this Ordinance. (Ord.
4512,1-5-1993; amd. Ord. 4893, 10-7-1997; Ord. 5189, 5-15-2001)
41. Change following code section to the ANSI/ASME 1996 A17.1
1. Section 104.1 Add the words "driving machines after signal machine".
2. Sections 111.9B.l to read: "The switch shall be installed only at the access
landing, top floor, and bottom floor. Access switch may only be operable
after a transfer switch located on the face of the car operating panel and
operable by a cylinder type lock is turned on. The lock shall not be operable
by any other key used for the elevator building. Lock to be identified by
markings off/insp.".
3. Section 204.7 A.3 Change first sentence to read: "Passenger and freight
elevators shall be provided with a standby emergency lighting power source
on each elevator conforming to the following".
4. Section 210.2S Change first sentence to read as follows: "Add top and car-
side emergency exit door".
5. Section 211.3b Smoke Detectors: Change to read: "Smoke detectors shall be
installed in each elevator lobby front and rear at each floor, machine room
and shaft in accordance with NFP A 72E Chapter 4. The activation of a
smoke detector in any elevator, machine room or shaft other than at the
designated level shall cause all cars in all groups that serve the lobby to
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return non-stop to the designated level. The designated level detector sends
the elevator to an alternate floor".
6. Section 300 Rule 300.3 Change the requirements of Rule 101.1B to read "the
requirements of Rule 101.1A".
7. Section 303.3D Supply line shut off: Change the last sentence to read: "The
shut off valve shall be located in the machine room with a permanent handle
to be attached to the valve for shut-off purposes".
8. Rule 501.5 Light in Car: Add the phrase: "Emergency lighting to be
provided on residential elevators if power failure occurs".
9. Rule 509.1 Emergency signal: Add the phrase: "Emergency signaling
device to comply with Section 211.1A.3".
10. Rule 2000.11 Wheelchair lift emergency signal: Change last sentence to
read: "The requirements for emergency power shall.
42. Create New Section 2101.1:
1. Section 2101.1 Car Illumination: "Emergency signal devices to be provided
and comply with Sec, 211.1A.1, 211.1A2, 211.1A3 and 204.7A3".
2. Section 2500.12 Emergency Operation and Signaling Service: Change
2500.12A to read "Rule 211.1A.2 does apply. Telephone to a 24 hour source
with avo ice message to be installed on elevator".
21-104 INTERNATIONAL MECHANICAL CODE ADOPTED: The 2000 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. Crawlspaces 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. (Ord. 4512, 1-5-
1993; amd. Ord. 4893, 10-7-1997)
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4. Amend subsection 307.2.3: To read "In addition to the requirements of section
307.2.1, a secondary drain or auxiliary drain pan shall be required for each furnace
producing condensation, cooling or evaporator coil, or humidifier where damage to
any building components will occur as a result of overflow from the equipment
drain pan or stoppage in the condensate drain piping. Drain piping shall be a
minimum of.y,. - inch (19.1mm) nominal pipe size".
5. 1411.3.1: In addition to the requirements of section 1411.3, a secondary
drain or auxiliary drain pan shall be required for each furnace producing
condensation, cooling or evaporator coil, or humidifier where damage to any
building components will occur as a result of overflow from the equipment drain
pan or stoppage in the condensate drain piping. Drain piping shall be a minimum
of.y,. - inch (19.1mm) nominal pipe size.
6. Amend subsection 1601.1.1 All plenums must be fully ducted. Plenums
cannot be panned between joists.
21-105 ILLINOIS PLUMBING CODE ADOPTED: The 1998 edition of the Illinois
plumbing code and all amendments, promulgated by the Illinois department of
health, is hereby adopted in it's entirety, except such portions thereof as may be
deleted, modified or amended by this chapter.
A. While the 1998 edition of the Illinois plumbing 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. Add new section 890-560: Flood Control Systems.
a. Sewer Pipe: All sewer pipe in a flood control system shall be either
schedule 40PYCplastic with solvent weld joints, or schedule 26 PYC "0" ring pipe, or
service weight cast iron.
b. Joints and Connections Subject to Back Pressure: The sewer pipe connections
after the backwater valve shall be encased in not less than 8 inches of concrete to
prevent failure of the connection during backpressure conditions.
c. Bypass Ejector Sump: In installations with bypass ejector pumps, the pit shall be
either cast iron or fiberglass. The discharge pipe shall either be schedule 80 PYC with
threaded joints, galvanized iron with threaded joints, or type M copper with soldered
joints.
d. Bypass Ejector Pump Discharge Size: The minimum size pipe for ejector pumps
shall be 2 inch.
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e. Bypass 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 dedicated circuit shall be provided for all ejector
sumps with GFCI protection as outlined in 2002 National Electrical Code.
g. Vaults for Flood Control Systems: All vaults for flood control systems shall
conform to the specifications for sanitary manholes contained in Chapter 16, Article V.
2. Amend subsection 890-1370 to read-any floor drain installed below grade shall be no
less than four inches (4") in diameter. All other floor drains shall be a minimum of2"
inch.
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 (6")
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. Under ground water supply: Type K copper, ductile iron. Refer to Section
16.403.1.2 for minimum size.
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 forty (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 one thousand (1,000) gallons.
6. All floor drains installed in interior vehicle parking areas, including residential
garages, shall drain to an approved triple basin interceptor.
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7. All new or remodeled car wash facilities shall be equipped with an approved water
recycling system. (Ord. 4512,1-5-1993; Ord. 4893,10-7-1997)
8. All abandoned plumbing material and/or fixtures shall be removed in entirety as
part of a remodeling, or demolition permit.
9. Non-shear no-hub couplings are required on plastic to non-plastic pipe
connections for sewer repairs.
10. All interior grease interceptors shall be recessed into the floor or installed in an
accessible location, approved by the plumbing inspector, to permit removal of the
lid and internal contents.
11. Snap in strainers are not allowed on floor drains.
12. All public restrooms shall have at least one (1) floor drain, except private
restrooms.
13. A floor drain is required within five (5) feet of an emergency shower or eye wash
station.
14. Hot water distribution piping that exceeds seventy-five (75) lineal feet shall have
a gravity return line provided. Piping over one hundred fifty (150) lineal feet shall
have a circulating return line.
15. Wet venting, shall be allowed by the plumbing inspector only when a plumbing
fixture can not be individually vented due to structural conditions.
16. Building drains that extend through either a foundation wall or under a footing,
shall be of cast iron pipe, and shall extend a minimum of five (5) feet beyond an
exterior foundation wall.
17. All new residential sewer services shall have a six (6) inch clean-out five (5) feet
from the foundation.
Section 21-106 INTERNATIONAL RESIDENTIAL 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 2000 Edition of the International Residential Code for One and Two
Family Dwellings, promulgated by the International Code Council, together with all
appendices thereof, except such portions thereof as are hereinafter expressly
deleted, modified or amended
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A. While the 2000 edition ofIntemational Residential 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. Amend section 101.2, (Scope) by removing the words "and one-family
townhouses" .
2. Delete Section 105 (Permits) in its entirety.
3. Amend section 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:
Tvpe of Structure
One story ranch house
Split level or raised
ranch house
One and one-half story
house
Two story house
Minimum area sq. ft.
1,000
1,000
950
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:
Tvpe of room Minimum area sq. ft.
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
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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 equipment) 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
Major bedroom
Second bedroom
Additional bedroom
Minimum area sq. ft.
140
120
100
(4) Minimum floor areas - other rooms: the minimum floor requirements for other rooms
shall be:
Type of room
Major bathroom
Master bedroom closet
Other bedroom closets (at
least one each)
All other habitable rooms
not herein-above set forth
Minimum area sq. ft.
40
14
10
100
Minimum floor area for the foregoing shall be measured from the inside of all finished
walls.
4. Amend section 309, (Garages) by adding the following subsection:
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 (1 1/2") from the rear of the
garage towards the vehicle door. Floor drains shall not be allowed in the
garage.
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(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 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
1 3/4" 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 crushed 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 (1 1/2") from 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 (3 1/2') 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 (1/2")
in diameter and spaced at six foot (6') centers and not more than one foot
(1') from each comer. A minimum of two bolts per board. 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
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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 offour feet (4') 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 rafters 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 rafters 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 (1/2") thick exterior grade
plywood or one inch (1 ") thick nominal size rough sawn sheathing.
5. 310.1 (change the first sentence to read): Basements one story below grade and
every sleeping room shall have at least one operable emergency escape and rescue
window or exterior door opening for emergency escape and rescue.
6. Amend subsection 311.1: (Exit Required): by changing the words "one exit" to
"two exits".
7. 320.6 Minimum building R-values: see sec. 501.1.1 in the 2000 International
Energy Conservation Code. 502.1.1.1 Minimum building envelope R - values: see
Table 502.1.1.1
Table 502.1.1.1
Roof/ Ceiling R-38
Exterior walls R-13
Crawl space ribbon and foundation R-19
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Basement ribbon
Floors over unheated s aces
R-19
R-19
8. Delete all references to masonry foundations. 404.1.1 & further Refs.
9. Delete all references to wood foundations. Fig. 403.1(2),402.1,403.
404.2(1.) (.2) (.3) (A) (.5)
Create the following new subsections to section 408: (UNDER FLOOR SPACE):
1. 408.7 (Minimum depth). The minimum depth for crawl spaces shall be 36"s from
the bottom of the floor joists to the top of the finished slush coat.
2. 408.8 (Slush coat). All crawl spaces shall have a minimum 2" slush coat covering
a minimum 4" # 6 stone with a vapor retarder per R506.2.3.
3. 408.9 (Sump pump). All crawl spaces shall have a sump pump and drain tile
system installed per the plumbing code.
4. 408.10 (Plenum). Crawl spaces shall not be used as an open plenum for HV AC.
Create New subsection 50204.1 (Joists under non-bearing partitions).
1. 50204.1. All non-bearing partitions parallel to floor joists shall be directly over a
single floor joist or joists shall be solid blocked with full depth lumber not less than
2"s in nominal thickness spaced-not more than 4' on center.
Create Section 507 Concrete Floors (On Ground).
1. 507.1 (Scope): The provisions ofthe subsection shall control the design,
construction and workmanship of concrete placed on ground exposed to freezing
and weathering conditions on the lot of a one- and two-family dwelling.
2. 507.2 (Records): A written record provided from the material supplier shall be
provided to the authority having jurisdiction upon completion of delivery of
concrete. (ACI 318 3.1.3)
3. 507.2.1 Records shall contain the following information:
(ACI 318.3.8 ASTM C94 16)
a. Time that water was introduced to the concrete mix
b. Time at the end of the concrete pour
c. Cement mix ratio
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d. Amount of water added on site
e. Total number of drum revolutions
f. Amount of chloride added to the cement mix
g. Amount of admixtures in cement mix
h. Air content of cement mix
4. 507.3 (Cement/Water ratio): The maximum water /cement ratio shall conform to
ACI 318 standards. (ACI318.4.2 PCA pp.78-79)
Section 508 DEFINITIONS:
1. 508.1 General. For the purpose of the requirements the terms used shall be
defined as follows and set forth in chapter 2.
APRON. The portion of the driveway from the street to the property line.
CONTROL JOINT. A joint provided to allow movement in a plane of a slab and to
induce cracking in a pre-selected location.
DRIVEWAY. A slab on grade provided for the travel of vehicles.
EXPANSION JOINT. See "Isolation joint".
ISOLATION JOINT. A joint provided to allow movement between separate slabs
on grade.
REBAR. See "reinforcing bar".
REINFORCING BAR. A steel bar either deformed or smooth which supports and
reinforces joints and intersections.
SLAB ON GRADE. A concrete member which has a stone base supported by the
ground below.
STOOP. The piece of concrete, which allows for differences between an entryway
and the final grade of the property.
PIER. A column used to support a concentrated load generally installed at a depth
of 42".
WELDED WIRE FABRIC. A series of longitudinal and transverse wires arranged
at right angles to each other and welded at all points of intersection.
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WING WALL. A section of the concrete foundation that runs perpendicular to the
foundation and extends under a stoop to provide support.
Section 509 SLAB ON GRADE
1. 509.1 General. Concrete slab-on-ground shall be a minimum 4 inches thick. The
specified compressive strength of concrete shall be set forth in Section R402.2.
Exception: The thickness for a slab-on-grade designed for vehicle travel
shall have a minimum thickness of 5 inches.
2.509.2 Site preparation. The area within the forms shall have all vegetation,
topsoil and foreign materials removed.
3. 509.3 Fill. Fill material shall be free of vegetation and foreign material. The fill
shall be compacted to assure uniform support of the slab. The fill depth shall not
exceed 24 inches for gravel and 8 inches for earth.
4. 509.4 Base. A 4-inch thick base course consisting of clean graded CA 6 stone, or
quivalent, shall be placed on the prepared sub-grade and properly compacted.
5. 509.5 Reinforcement. Steel reinforcement shall be provided to control cracking
and movement of concrete slab-on-grade construction.
SECTION 510 JOINT REQUIREMENTS
1. 510.1 Application. The provisions of the section shall control the design, location
and installation of joints for slab-on-grade construction.
2. 510.2. Joints. A slab-on-grade shall be provided with necessary joints that shall
comply with the following:
3. Isolation joints shall be provided at the following locations: (ACI318 22.3
PCA pp.113-115)
a. The intersection of driveway to foundation.
b. The intersection of driveway to public walk.
c. The intersection of driveway to garage floor.
d. The intersection of driveway to private walk.
e. The intersection of Apron to public walk.
f. The intersection of apron to curb.
g. The intersection of an unsupported stoops to foundation.
h. The intersection of new slab-on-grade to existing slab-on-grade.
i. Any other location deemed necessary by the code official.
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4. Control joints shall be provided based on the following formula:
5. Thickness of concrete in inches multiplied by two converted into feet. Example: 4
inch slab shall have control joints spaced at 8 feet intervals. (PCA table 9-2)
6. If saw cut, control joints must be installed within 24 hours of final finishing of
the concrete. (PCA p.114)
7. The maximum distance between control joints in any direction shall be 10 feet.
SECTION 511 REINFORCEMENT
1. 511.1. Slab-on-grade. #10 welded wire fabric shall be installed in all slab-on
grade construction.
Exception: Slabs-on-grade that are in the public right of way shall not have
welded wire reinforcement unless specifically requested by the authority having
jurisdiction.
2. 511.1.1 Location. Welded wire fabric shall be located in the upper 1/3 of the
thickness of the slab-on-grade member.
3. 511.2. Replacement stoops. Replacement stoops shall be property attached to
wing walls or piers using an appropriate number of Y2" deformed rebar.
4. 511.2.1. Appropriate number of rebar to be determined by the authority
having jurisdiction.
SECTION 522 STOOPS
1. 522.1. Application. The provisions of this section shall control the design and
installation of stoops.
2. 522.2. Single step. Any stoop consisting of only one step may be supported using
a 8" pier that is at a depth below the local frost line.
3. 522.2.1. The maximum distance between piers supporting a single step stoop
shall be 48".
4. 522.3. Multiple step. Any stoop consisting of two or more risers shall be
supported by wing walls that are properly attached to the building foundation.
5. 703.2 Weather resistant sheathing Paper. Asphalt saturated felt, free from holes
and breaks, weighing not less than 14 pounds per 100 square feet (O.683kg/m2) and
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complying with ASTM D 226 or other approved weather resistant material shall be
applied over studs or sheathing of all exterior walls as required by table R703.4.
Sheathing paper shall be installed per mfg's specifications and all penetrations shall
be flashed as described in R703.8 or as approved by the JHA. Such felt or material
shall be applied horizontally, with the upper layer lapped over the lower layer not
less than 2"s (51mm). Where joints occur, felt shall be lapped not less than 6"s.
6. Delete Exceptions #2 & #3, in their entirety.
7. Table 703.4: delete note "g" & change all rows under column "Sheathing Paper
Required" to "yes".
8. 703.8: (Flashing). Approved corrosion-resistive flashing shall be provided in the
exterior wall envelope in such a manner as to prevent entry of water into the wall
cavity or penetration of water to the building structural framing components. The
flashing shall extend to the surface of the exterior wall finish and shall be installed
to prevent water from reentering the exterior wall envelope. Approved corrosion-
resistant flashing shall be installed at all of the following locations:
a. Around all exterior penetrations, window and door openings in such a
manner as to be leak proof. Self-flashing windows must be properly integrated I
flashed into the building paper.
b. At the intersection of chimneys or other masonry construction with frame or
stucco walls, with projecting lips on both sides under stucco copings.
c. Under and at the ends of masonry, wood or metal copings and sills.
d. Continuously above & below all projecting trim.
e. Where exterior porches, decks or stairs attach to a wall or floor assembly of
wood-frame construction.
f. At wall and roof intersections.
g. At built-in gutters.
h. Under door thresholds.
Change section 703.9: to read (Exterior Insulation Finish systems, general).
All EIFS systems shall have a means of draining water to the exterior of the veneer
and be installed and flashed in accordance with the manufacture's installation
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instructions. Decorative trim shall not be face nailed through the EIFS. The EIFS
shall terminate not less the 6"s above the finished ground level.
Change Subsection 703.9.1: to read "Special independent 3rd party inspections shall
be required for all EIFS installations".
Remove: Subsection 703.9.2 in its entirety.
Add the following subsections to 905. (REQUIREMENTS FOR ROOF
COVERINGS)
905.2.8.6 (Masonry flashing): All flashing against masonry shall be made of an
approved metal and be "let into" the masonry by 5/8". Counter flashing shall be
secured to the masonry by means of "back caulking" the 5/8" bent end and securing
to the brick with an approved fastener.
905.2.8.4.1 (Sidewall flashing): The termination of sidewall flashing shall be
constructed so the final flashing terminates beyond the siding material so that water
does not drain behind the siding material.
21.107 NATIONAL ELECTRICAL CODE ADOPTED: The 2002 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.
A. While the 2002 National Electrical Code and all appendices have hereinbefore been
adopted, the following exceptions thereto (consisting of certain deletions and changes)
shall control wherever the said exception are applicable or are in conflict with certain
other provisions of the said code:
1. All permit applications must be filled out completely and must include north,
south, east and west street directions.
2. Aluminum wire is strictly prohibited.
3. In new work, bracket boxes must be used, unless space limitations make
it not practical, and brackets must be screwed not nailed.
4. All brackets on recessed fixtures must be screwed not nailed.
5. All lay-in fixtures in grid ceilings must have at least two independent
hanger rods attached to fixtures at opposite comers.
6. Boxes in dropped ceilings must be supported with threaded rod.
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7. All receptacles shall be of the self-grounding type or be grounded to the box by
means of ground wire attached to the threaded hole in the box with a machine screw
only. Sheet metal screws are not acceptable.
8. 20 amp receptacles must be used on all 20-amp circuits.
9. A ground wire must be used to connect the ground terminal of GFCI receptacles
and must be terminated to the threaded hole in the back of the box by the use of a
machine screw only.
10. Any light fixture over a bathtub or shower stall must be GFCI protected.
11. In new work, when metal studs are used, Caddy adjustable far side supports, or
equivalent, must be used to insure tight fitting devices.
ELECTRICAL SERVICES:
1. In all cases where a circuit breaker panel would be mounted to a concrete
foundation wall it shall be mounted to plywood, or equivalent, so as direct contact to
below grade concrete will not cause the metal enclosure to rust. All rigid metal
conduit related to services shall be mounted with clamp backs and straps, or
equivalent. Minnies are not acceptable.
2. Grounding bushing or locknuts shall be used in both meter fitting and circuit
breaker panel, no exceptions.
3. Ground rods must be used for all services. When installing ground rods they
shall be, whenever possible, installed below grade and the wire be terminated to rod
with an acorn nut. The conduit run for the ground wire, must also be grounded to
the rod by means of a grounding bushing or similar method. This installation shall
be left open until inspection has been completed and then backfilled. In instances
where concrete, paver brick or similar materials are encountered and rod is
terminated above grade, physical protection shall be provided.
4. When installing temporary wiring for an underground service, it must routed
thru the bottom of the meter pedestal so access for inspection is possible.
5. In commercial applications all circuit breaker panels of 200 amp or larger shall
bolt in type breakers only.
6. The materials referenced in the following articles are hereby prohibited by
ordinance of the Village of Mount Prospect.
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Article 320 - Armored Cable.
Article 322 - Flat Cable Assemblies.
Article 326 - Integrated Gas Space Cable.
Article 328 - Medium Voltage cable
Article 330 - Metal-Clad Cable.
Article 332 - Mineral- Insulated, Metal-Sheathed Cable.
Article 334 - Nonmetallic-Sheathed Cable.
Article 336 - Power and Control Tray Cable.
Article 338 - Service-Entrance Cable.
Article 354 - Non Metallic Underground Conduit with connectors.
Article 356 - Liquidtight Flexible Nonmetallic conduit.
Article 358 - Electrical Metallic Tubing.
Article 360 - Flexible Nonmetallic Tubing.
Article 362 - Electrical Nonmetallic Tubing.
Article 378 - Nonmetallic Wireways
Article 382 - Nonmetallic Extensions.
Article 388 - Surface Nonmetallic Raceways.
Article 394 - Concealed Knob and Tube.
Article 396 - Messenger Supported Wiring.
Article 398 - Open Wiring on Insulators.
7. There shall be no more than ten (10) receptacles installed on a fifteen amp branch
circuit, and no more than fifteen (15) receptacles installed on a twenty amp branch
circuit.
8. All fasteners, clamps, straps and supporting devices shall be listed and approved for
their installation.
9. All interior line voltage wiring shall be installed in an approved race.
10. All above grade exterior wiring and service conductor wiring shall be installed in
rigid or IMC conduit.
11. All low voltage wiring, phone, doorbell, thermostat, fire and burglar alarm in all
applications shall be installed in conduit where such wiring will be rendered inaccessible
by finished materials, or where subject to physical damage.
12. All conduit installations in wet/damp locations shall utilize threaded or compression
fittings, and shall terminate in weatherproof boxes.
13. All ceiling boxes in habitable areas ofresidential buildings shall be listed and
approved for ceiling fan installations.
14. All conductors shall be of solid or stranded copper.
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15. All branch circuit conductors shall be connected to devices such as switches and
receptacles by the means of the screw terminals provided on these devices.
16. All non-dedicated receptacles within six feet (6') of any sink shall be protected by a
ground-fault circuit interrupter.
17. The following residential appliances shall be supplied with a dedicated branch circuit:
a. Furnace/heating plant/central air units.
b. Thru-wall heating/air conditioning units.
c. Built-in microwave ovens.
d. Sump and ejector pumps.
18. All plug-together, or modular wiring shall be allowable only upon specific approval.
19. An approved grounding electrode, 8' in length minimum and 1/2" diameter shall be
installed at each parking lot/street lighting pole.
20. 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 ( Ord. 4893, 10-7-1997)
21.108: SPECIAL REGULA nONS 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 IBC International Building Code 2000, section
403.0 High Rise Buildings.
A. Elevators; Fire Service:
1. A three (3) position (on, off and bypass) 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 door jamb 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
automatically reclose.
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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 reclose 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 Fire 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
21.108 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 all registered calls when the elevator is on
Fire Department's control. The button shall be marked "Fire 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 all stairways.
EXCEPTION: In smoke proof towers or prescribed stairwells, smoke detector activation
shall not be required. (Ord. 4512, 1-5-1993; Ord. 4893, 10-7-1997)
21.109: SPECIAL REQUIREMENTS FOR EXISTING USE GROUPS R-1 AND R-2:
The owners of existing Use Groups R-1 and R-2 within the Village shall comply with the
following requirements:
A. Self Closers: Doors between dwellings and corridors shall be self-closing. The self-
closing 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.
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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 IRC International Building Code 2000, section 1024.4.
D. Maintenance: The owner or occupant shall be responsible for maintaining the smoke
detector in an operative condition at all times. (Ord. 4512,1-5-1993; Ord. 4893, 10-7-
1997)
* Additional changes to Chapter 21 include the addition of "or his designee" in all
instances where the Director of Community Development is provided a specific
authority.
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 through 21.106 of this
Article 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 ofthe adopted codes shall mean the Director
of Community Development, or his duly authorized representative. (Ord. 4512, 1-5-
1993; Ord. 4893,10-7-1997)
21.111: MISCELLANEOUS PROVISIONS:
A. Any provision ofthis 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. (Ord. 4512,1-5-1993; Ord. 4893,10-7-1997)
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ARTICLE II
GENERAL PROVISIONS
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 ofthe
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:
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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 or his duly authorized agent 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 ofthis code, and the local
records act of the state of Illinois (foot note 1).
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 or his duly
authorized agent.
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. (Ord.
4512, 1-5-1993; amd. Ord. 4893,10-7-1997)
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 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. (Ord. 4512, 1-5-1993; amd. Ord. 4893, 10-7-1997)
21.203: BUILDING PERMIT REQUIREMENTS:
A. Types of Work Requiring A Building Permit
1. 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 from 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 21.403C of this Chapter.
2. It shall be unlawful with erection, construction, alteration, repair, removal,
demolition, site improvement, or maintenance as defined in Chapter 15 before the proper
permits for such work have been obtained from the department of community
development.
B. Building permits are issued with the understanding that construction shall start
within sixty (60) days after 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 ofthe
permit, or if after building operations have been started, such operations shall cease for a
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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 21.324 ofthis Chapter. 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 or his duly
authorized agent 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 or his duly
authorized agent. Failure of applicant to obtain said permit within thirty (30) days after
written notice of approval will cause application to be voided. Nothing in this Section
shall prevent the Village Manager, in cases where it is evident from the outset that the
projectwill not be completed in one year, from 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. Six (6) sets of plans and specifications shall be submitted. Upon approval, one set to be
left on file with the Department of Community Development, one other, after being
property stamped by the Director of Community Development or his duly authorized
agent, 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 from the permit
plans, he shall submit plans in duplicate of such changes and secure written approval
from the Director of Community Development or his duly authorized agent before
proceeding with the work.
3. Plans and specifications must be signed and sealed by a licensed architect or structural
engineer as provided 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 amended.
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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 ofthe floors, at least two (2) elevations, wall
erections and necessary framing plans and shall be drawn to a scale of not less than one-
eighth of an inch to one foot (l/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 or
his duly authorized agent. The specifications shall set forth the grade of materials used
and workmanship. In addition, the plans shall show the dimensions of a 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 fifty 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 or his duly authorized agent 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.
(Ord. 4512,1-5-1993; Ord. 4893,10-7-1997)
21.204: ISSUANCE OF BUILDING PERMIT:
A. The issuance of building permits shall not affect the necessity of obtaining other
relevant permits required elsewhere in this Code, such as streets and sidewalks, street use,
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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
or his duly authorized agent, 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 or his duly authorized agent 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 or his duly authorized agent shall give applicant the reason for such
refusal in writing.
C. The Director of Community Development or his duly authorized agent shall
process applications promptly, but the said Director or his duly authorized agent shall
not be obliged to process more than five (5) applications from anyone contractor during
one calendar week, Tuesday through Monday.
D. Any person making application for a building permit shall, at the time of making
application and in consideration ofthe 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 comer lots along the side of such premises that do not have good useable
sidewalks and to replace such broken and unrepairable 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 Village (see Chapter 9 of this Code).
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.
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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 or his duly
authorized agent 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 ifit 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 or his duly authorized agent may
refuse to issue the permit. Any appeal from such decision shall be made in accordance
with Section 21.225 of this Article. (Ord. 4512, 1-5-1993; Ord. 4893, 10-7-1997)
21.205: DEMOLITION OF BUILDINGS:
A. No building or other structure shall be demolished, razed or wrecked unless a
permit is first obtained therefore from the Director of Community Development or his
duly authorized agent.
B. Application for a demolition permit as required in subsection A of this Section
shall be made to the Director of Community Development or his duly authorized agent
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 therefore.
2. A cash deposit and bond as provided for in Section 21.318 of this Chapter.
3. Releases from all utilities serving the premises stating that their respective services
have been disconnected and terminated in a safe and approved manner. In addition,
existing water and sanitaryservices to be abandonded must also meet the requirements set
forth in subsections 16.4071 and 16.504H of this code before demolition permit is issued.
4. Such other information as may be required by the Director of Community
Development or his authorized agent such as a site plan.
C. The Director of Community Development or his duly authorized agent 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.
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D. All demolition, razing and wrecking operations carried on under permit shall
conform to the following requirements:
1. All provisions of this Code respecting safety procedures to be used in occupying
streets and making excavations, including lighting, guardrailing, temporary sidewalks and
proper scaffolding.
2. Rubble causing dust so as to cause a nuisance shall be adequately sprinkled.
3. 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.
4. 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 closing or regulating the flow of material.
5. All pits, holes or other areas below street grade shall be filled and leveled. All
abandoned foundations, structures and debris shall be removed and the premises left in a
safe condition.
E. The foregoing provisions to the contrary 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 or his duly authorized agent, the requirements of subsections Bland D5
of this Section shall not apply. (Ord. 4512,1-5-1993; Ord. 4893,10-7-1997; Ord. 5253,
5-21-2002)
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.
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3. A description of any wiring, post, etc., as well as any other appurtenances that will
require removal and replacement.
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. After consideration by the Chief of Police, the Village Engineer and the Director
ofthe 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 ofthe moving permit
fee, a cash bond for street obstruction shall be filed with the Director of Community
Development or his duly authorized agent.
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 III of this Chapter.
D. Buildings or structures moved from their original location to a new location
within the corporate limits ofthe Village shall be made to comply throughout with the
Building and Zoning Codes both as to construction and use. (Ord. 4512,1-5-1993; Ord.
4893,10-7-1997)
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. (Ord. 4893, 10-7-1997)
21.208: USE OF VILLAGE WATER: No water shall be obtained from a fire hydrant,
except as allowed in subsection 9.406A of this code. (Ord. 5253,5-21-2002)
21.209: USE OF STREETS FOR BUILDING PURPOSES: No excavation or storage of
building material shall be made in the street, parkway or alley, except as permitted in
section 9.306 of this code. (Ord. 5253, 5-21-2002)
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 or his duly
authorized agent, as provided in Section 21.310 of this Chapter. (Ord. 4512,1-5-1993;
Ord. 4893, 10-7-1997)
21.211 : ELEVATOR PERMITS:
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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 or his
duly authorized agent.
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
or his duly authorized agent 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 or his duly authorized agent 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
21.314 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 ofthe 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 or his duly authorized agent 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 or his authorized agent,
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 shaft 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
frame 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. (Ord. 4512,1-5-1993; Ord. 4893,10-7-1997)
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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 or his duly authorized agent.
Appeal of the suspension of a permit may be made to the Village Manager pursuant to
Section 21.232 ofthis Article. (Ord. 4512,1-5-1993; Ord. 4893, 10-7-1997)
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 or his duly
authorized agent 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 or his duly authorized agent. Nothing contained
herein eliminates any of the requirements set forth in Section 21.215 of this Article.
Exception: Additions to existing single-family residential buildings in which a survey
was presented prior to the issuance of the permit. (Ord. 4512, 1-5-1993; Ord. 4893, 10-7-
1997)
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. (Ord. 4512,1-5-1993; Ord. 4893,10-7-1997)
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 written 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;
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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 of this Article.
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. (Ord. 4512, 1-
5-1993; Ord. 4893, 10-7-1997)
21.216: RIGHT TO ENTER PREMISES: The Director of Community Development or
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 or his duly authorized agent 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 this Article, 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). (Ord. 4512,1-5-1993; Ord. 4893,10-7-1997)
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21.217: STOP ORDERS:
A. In accordance with Section 4.302 of this Code, in case of violation of any of the
provisions of this Code, the Director of Community Development or his duly
authorized agent 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.
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 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 ofthis Article and the contractor and men working in
disregard of such posted notice shall be subject to the penalties imposed by this Chapter.
(Ord. 4512,1-5-1993; Ord. 4893,10-7-1997)
21.218: CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION: No
building hereinafter erected, enlarged or altered, shall be occupied or used, in whole or in
part, until a certificate of occupancy is granted in accordance with section 15.703 of this
code. Similarly, no site construction shall be used, in whole of part, until a certificate of
completion is granted in accordance with section 15.704 of this code. (Ord. 5253, 5-21-
2002)
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 or his duly authorized agent,
after 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 or his duly authorized agent finds upon inspection that such
building conforms substantially to the provisions of this Building Code and the Director
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of Community Development or his duly authorized agent 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 and/or other cause, when the cost ofrestoration work does not exceed one-half
(1/2) 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 (1/2) ofthe 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 thereofhas 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 or his duly authorized agent 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 or his duly authorized agent. (Ord. 4512, 1-5-1993; Ord.
4893,10-7-1997)
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 incomplete buildings and excavations for buildings 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 or his duly authorized agent
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 (10) days to correct the nuisance, the Village
will pursue remedies under this Code and law. (Ord. 4512, 1-5-1993; Ord. 4893, 10-7-
1997)
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 Village unless a
highway, road or street or way for public service facilities improved with pavement,
water mains and sanitary sewers meeting the requirements detailed in chapter 15 of the
code are provided. If said facilities are not in place at the time of the building
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construction, they shall be required as part of the building construction. (Ord.5253,5-21-
2002)
21.222: GENERAL LOT GRADE MAXIMUMS AND MINIMUMS:
A. 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. Refer to section 16.701 of this code for code requirements
concerning grade changes.
B. Subdivision Grading Plans: The provisions of this chapter shall be supplemental
to the requirements of the development code respecting any subdivision approved
pursuant to the provisions of said development code. No building permit shall be issued
by the director of community development for a subdivision unless an approved
subdivision grading plan is on file.
C. Lot Grading Plan: No building permit shall be issued by the director of
community development for a building unless an approved lot grading plan is on file.
For lots that are part of a subdivision for which a subdivision grading plan has been
approved, one of the following must apply:
1. The lot grading plan must conform with the approved subdivision grading
plan.
2. The subdivision grading plan must be revised to include the changes reflected
on the lot grading plan and submitted for review and approval.
D. Maximum And Minimum Slopes: Refer to section 16.701 of this code for
maximum and minimum lot grades.
E. Foundation Grades And Rules:
1. 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 rules issued hereunder.
2. All foundation grades shall be established in such a manner as to achieve the
free, natural and unobstructed flow of surface water.
3. 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
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office of the village clerk and shall then have the force and effect of an ordinance
of the village.
4. The foundation elevation shall be eight inches (8") above finished grade. Side
walks and drives are to be a minimum of six inches (6") below top of foundation.
(Ord. 5253, 5-21,2002)
21.223: SUMP PUMPS AND DOWNSPOUTS:
A. Discharge Of Downspouts Into Sanitary Or Combined Sewer ProhibitedlPena1ty:
No person shall discharge or cause to be discharged any downspout into a sanitary or
combined sewer within the village. Any person found guilty of violating this section
shall be fined for each offense aforementioned as set forth in appendix A, division 111 of
this code.
B. Discharge Of Sump Pumps And Downspouts/Regulations: All sump pumps and
downspouts shall have a fitting at the ground which directs the water in accordance with
the following requirements:
1. The water must be directed either toward the street abutting the property or
parallel to or away from the nearest lot line.
2. The point of discharge of ant downspout or sump shall not be less than five
(5') from a foundation.
3. The point of discharge of any downspout or sump pump shall be not less than
five feet (5') from any lot line.
4. The requirement contained in this subsection may be waived by the village
engineer if all of the following conditions are met:
a. The property owner demonstrates that a hardship would be created by strict
compliance with this section.
b. The proposed alternate placement satisfies the intent of this subsection
without adversely affecting neighboring properties.
c. The property owner produces written permission of neighboring property
owners whose property is within five feet (5') ofthe discharge. The affected
neighbor may withdraw permission at any time and the discharge point must be
brought into compliance with the specific requirements of this section.
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C. Capping Or Disconnected Sewer Accesses: All accesses from sanitary or
combined systems from which downspouts have been disconnected shall be capped with
concrete or other similar permanent watertight substance.
D. Application To All Property/No Grandfathering: Subsections A through C of this
section shall apply to all new and existing structures in the village. (Ord. 5253,5-21-
2002)
21.224: SIDEWALKS:
A No public sidewalk shall be obstructed in the course of building operations
without a special permit from the director of community development, in accordance
with section 9.302 of this code. 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
and in consideration of the issuance of such permit by the village, agree to install public
sidewalks in conformance with chapter 15, articles IV and V of this code.
C. Sidewalk construction shall conform to the sidewalk construction specifications
of section 16.307 ofthis code. (Ord. 5253, 5-21-2002)
21.225: 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 15, article IV and V of this code. (Ord. 5253,5-21-2002)
21.226: NIGHT CONSTRUCTION: No construction or alteration operations shal be
carried on within the village between the hours of seven o'clock (7:00) P.M. and eight
o'clock (8:00) AM.; provided, however, if said construction oe alteration site is located
two hundred fifty feet (250') or more from a residential dwelling unit, the hours
prohibiting said construction or alteration shall be between the hours of seven o'clock
(7:00) P.M. and seven o'clock (7:00) AM. Any appeal from this restriction shall be
made to the village manager. (Ord. 5253,5-21-2002)
21.227: BURDEN OF PROOF: 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 permittee
who may receive independent consultation with and recommendation from engineers,
laboratory testing services, or any other expertise, any and all of whom shall be
acceptable to the Director of Community Development or his duly authorized agent, so
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as to determine the facts; provided, however, that the cost of such services shall be borne
by such owner or permittee. (Ord. 4512,1-5-1993; amd. Ord. 4893,10-7-1997)
21.228: 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 this code. Any application for appeal to the Village Manager shall be
based on a claim that the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions ofthis code do not fully apply. (Ord.
4512, 1-5-1993; amd. Ord. 4893, 10-7-1997)
21.229: USE OF STUCCO OR ENGINEERED STUCCO SYSTEMS:
A. Residential Applications: The use of stucco or engineered stucco systems,
including, but not limited to, those commonly known as "dryvit" or exterior insulation
and finish systems (EIFS), is prohibited for all residential applications. If a previously
installed stucco or engineered stucco system exterior has deteriorated or is destroyed so
that more than fifty percent (50%) of its coverage of the structure requires repair, then the
existing stucco or system must be replaced with materials that are permitted pursuant to
village regulations.
B. Nonresidential Applications: Stucco or an engineered stucco system may be used
in nonresidential application subject to the following conditions:
1. Not more than thirty percent (30%) of a building's exterior surfaces are
covered by such materials.
2. Such material shall not be located any lower than eight feet (8') from the top of
the building's foundation unless it is protected by no less than a five foot (5')
wide landscaped buffer;
3. The manufacture's specification sheets must be provided with the permit
application;
4. System must be a "water managed system" as that term is generally applied in
the industry;
5. The system is installed according to any standards promulgated by the director
of community development; and
6. An independent certified inspector of such systems must verify, in writing, that
the system, as built, was installed according to all manufacture's specifications,
director of community development standards and that it qualifies as a "water
managed system". (Ord. 5294, 12-17-2002)
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ARTICLE III
FEES, BONDS AND DEPOSITS
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 or his duly authorized agent as
follows:
A. The Director of Community Development or his duly authorized agent 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
C. He may require 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 or his duly
authorized agent. (Ord. 4512, 1-5-1993; amd. Ord. 4893,10-7-1997)
21.302: FEES FOR PERMITS: The permit fees to be charged for permits authorized and
required by this code shall be paid to the village and shall be as provided in the following
sections. (Ord. 4512, 1-5-1993; amd. Ord. 4893, 10-7-1997)
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 in the amounts as set forth in appendix A, division II of
this code. (Ord. 5189, 5-15-2001)
21.304: ELECTRICAL PERMITS: The permit fee to be charged for electrical
installation and alteration is set forth in appendix A, division II of this code. (Ord. 5189,
5-15-2001)
21.305: PLUMBING PERMITS: The fees for the installation, alteration or extension of a
plumbing system shall be as set forth in appendix A, divisions I and II of this code.
Fees for new water mains, water main extensions and water services are described in
chapter 15, article 8 ofthis code, and set forth in appendix A, division II of this code.
(ORD. 5253, 5-21-2002)
21.306: GAS PIPING PERMITS: The fee for permits for the installation of gas piping
shall be computed as set forth in appendix A, division II of this code. (Ord. 5189,5-15-
2001)
21.307: AIR-CONDITIONING AND REFRIGERATION PERMITS:
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The fee for air-conditioning and refrigeration permits shall be as set forth in appendix A,
division II of this code. (Ord. 5189,5-15-2001)
21.308: MECHANICAL EQUIPMENT INSTALLATION PERMITS:
The permit fees for mechanical equipment other than air-conditioning, refrigeration,
combustion, elevators and fire protection systems shall be computed as set forth in
appendix A, division II of this code. (Ord. 5189, 5-15-2001)
21.309: SEWER PERMIT FEES: No sewer or sewer service shall be installed or
modified in any way without first obtaining a permit in accordance with chapter 15 of
this code. The fees for such work are described in chapter 15 of this code, and set forth
in appendix A, division II of this code. Maintenance responsibilities for sewer mains and
services are discussed in chapter 9 of this code. (Ord. 5253,5-21-2002)
21.310: STREET OBSTRUCTION PERMIT FEES: No street, alley, parkway or other
public property shall be obstructed without meeting the requirement set forth in chapter 9,
article III of this code and securing a special permit from the director of community
development. (Ord. 5253, 5-21-2002)
21.311: SURETY BOND: No permit shall be issued until the applicant shall have
executed and filed with the director of community development a surety bond in
accordance with section 15.809 of this code. (Ord. 5252, 5-21-2002)
21.312: RESTORATION DEPOSIT: No permit shall be issued until the applicant has
deposited with the village treasurer the nuisance abatement deposit in accordance with
subsection 15.802B of this code. (Ord. 5253,5-21-2002)
21.313 : WATER METER RENTAL FEES, CONSTRUCTION WATER USE FEES,
AND CROSS-CONNECTION CONTROL FEES: Water meter rental fees are discussed
in subsection 15.806C of this code. Restrictions on the use of water during construction,
and the associated fees are discussed in subsection 9.406C of this code. Fees for cross
connection control are discussed in subsection 9.414J of this code. The amounts of all
fees are set forth in appendix A, division II of this code. (Ord. 5253, 5-21-2002)
21.314: ELEVATOR, ESCALATOR AND DUMBWAITER PERMIT AND
INSPECTION FEES:
A. Permit fees for elevator, escalator and dumbwaiter installation or alteration shall
be as set forth in appendix A, division II of this code.
B. Semiannual inspection fees of each elevator, escalator and dumbwaiter shall be as
set forth in appendix A, division II of this code. (Ord. 5189,5-15-2001)
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21.315: PLAN EXAMINATION FEES: The fee for plan examination shall be payable
upon receipt of the plans submitted for review and shall be as set forth in appendix A,
division II ofthis code. For fees concerning site construction, refer to chapter 15 article
VIII of this code.(Ord. 5253, 5-21-2002)
21.316: GASOLINE STORAGE TANK PERMITS: The permit fee to install a gasoline
storage tank shall be as set forth in appendix A, division II of this code. (Ord. 5189, 5-15-
2001)
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 inspection fee with a
minimum often dollars (10.00) and a maximum of twenty five dollars ($25.00). (Ord.
5253, 5-21-2002)
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 as set forth in appendix A, divisions I and II of this
code, to assure the filling in of any below-grade areas and completion ofthe 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 sum as set forth in appendix A,
divisions I and II ofthis code, for structures not exceeding three (3) stories in height and
another sum as set forth in appendix A, divisions I and II ofthis code, for structures of
four (4) or more stories.
C. A permit fee as set forth in appendix A, divisions I and II ofthis code, shall be
paid for all demolition, unless of a minimum nature as specified in subsection D of this
section. In addition, a fixed fee is to be computed at a rate as specified in appendix A,
divisions I and II of this code, for each ten feet (10') of height of such building or
structure above ten feet (10') in height.
D. A permit fee as set forth in appendix A, divisions I and II of this code, shall be
paid for all minor demolition, including interior remodeling, rehabilitation and other
related minor work prior to construction.
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E. A permit fee as set forth in appendix A, divisions I and II of this code, shall be
paid for moving a building. (Ord. 4512, 1-5-1993; amd. Ord. 4893, 10-7-1997; Ord.
5189,5-15-2001)
21.319: CERTIFICATE OF OCCUPANCY: The fee for a final certificate of occupancy
for residential buildings and for other uses shall be set forth in appendix A, division II of
this code. (Ord. 5189,5-15-2001; amd. Ord. 5253, 5-21-2002)
21.320: FENCE PERMITS: The fee to construct, alter or erect a fence shall be as set
forth in appendix A, division II of this code. (Ord. 5189, 5-15-2001; amd. Ord. 5253, 5-
21-2002)
21.321: PARKWAY TREE FEES: Each applicant shall, at the time of making
application for such building permit, pay to the village treasure a fee for each parkway
tree required in accordance with sections 15.402, 15.502, and 16.902 of this code. (Ord.
5253,5-21-2002)
21.322: DRIVEWAY PERMITS: The permit fee will be set forth in appendix A,
division II of this code, for each of the following: driveway, patio, and private sidewalk.
(Ord. 5253, 5-21-2002)
21.323: 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. (Ord. 4512, 1-5-1993; amd. Ord.
4893,10-7-1997; Ord. 5253, 5-21-2002)
ARTICLE IV
MISCELLANEOUS PROVISIONS; PENALTIES
21.401: EFFECT OF HEADINGS: Chapter, article and section headings contained
herein shall not be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any article or section of this chapter. (Ord. 4512, 1-
5-1993; amd. Ord. 4893,10-7-1997)
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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 oftrustees hereby declares that it would have passed the
remaining parts of this chapter if it had known that such part or parts thereof would be
declared unconstitutional. (Ord. 4512,1-5-1993; amd. Ord. 4893,10-7-1997)
21.403: PENALTIES:
A. It is a misdemeanor for any person to violate any ofthe provisions of this chapter;
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 as set forth in appendix A, division III of this code, 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, or to 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 and
maximum penalty for each and every category where the unauthorized work has begun
shall be set forth in appendix A, division III of this code. However, such payment shall
not relieve any person of any other requirement or penalties prescribed in this chapter.
(Ord. 4512, 1-5-1993; amd. Ord. 4893, 10-7-1997; Ord. 5189, 5-15-2001)
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. (Ord.
4512,1-5-1993; amd. Ord. 4893,10-7-1997)
ARTICLE V
DEFINITIONS
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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.
NOTE: ADD THE FOLLOWING DEFINITION:
NEW CONSTRUCTION: AN EXISTING STRUCTURE IS CONSIDERED NEW
CONSTRUCTION AND SHALL MEET ALL OF THE PROVISIONS OF THIS
CODE AND ALL OTHER ADOPTED CODES AND STANDARDS FOR NEW
CONSTRUCTIONWHEN EITHER OF THE FOLLOWING CONDITIONS
EXIST:
A. THE AMOUNT OF DEMOLISHED EXTERIOR W ALLSISMORE THAN
50% OF THE TOTAL LINEAL FEET OF THE EXISTING EXTERIOR WALLS
(PERIMETER OF THE EXISTING WALLS). FOR THE PURPOSE OF THIS
DEFINITION A WALL IS CONSIDERED TO BE DEMOLISHED WHEN THE
STRUCTURAL INTERGITY OF THE WALL HAS BEEN COMPROMISED (NO
LONGER CAPABLE OF SUPPORTING THE STRUCTURE) OR WHEN TWO
OR MORE WALLS ARE REMOVED.
B. THE SQUARE FOOTAGE OF THE STRUCTURE IS INCREASED BY
150% OF THE EXISTING STRUCTURE'S SQUARE FOOTAGE. IN SINGLE
FAMILY HOMES AND TOWNHOMES THE HABITABLE SQUARE FOOTAGE
SHALL BE USED AS A BASIS FOR DETERMINING THE PERCENT AGE OF
SQUARE FOOT AGE INCREASE.
AGGRIEVED 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%) ofthe entire wall surface
of the alcove.
ALLEY: A public way within a block, generally giving access to the rear oflots 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.
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APARTMENT: A room or suite oftwo (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 ofthese materials, or other materials approved by the Director
of Community Development.
AREA:
A. Building Dimensions: As applied to the dimensions of a building, the maximum
horizontal area of the building at or above grade.
B. Floor Surface: As applied to floor surface measurement, the horizontal proj ected
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.
ATTIC: The space between the ceiling beams ofthe 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.
BA THROOM: 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.
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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,
courthouses, 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
supportive or protective structure or shell.
BULKHEAD: A raised portion of floor construction and the partition enclosing it, which
provides headroom 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 covering of a room.
CEILING HEIGHTS: The clear vertical distance from 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.
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CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six
(6) parts 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 part 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 COMPLETION: Refer to Section 15.202
CERTIFICATE OF OCCUPANCY: Refer to Section 15.202
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 ofthe 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) parts of sand and five (5) parts 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.
Department of Community Development: Refer to section 15.202 of this code.
Department of Finance: Refer to section 15.202 of this code.
Department of Public Works: Refer to section 15.202 of this code.
Director of Community Development: Refer to section 15.202 of this code.
Director of Finance: Refer to section 15.202 of this code.
Director of Public Works: Refer to section 15.202 of this code.
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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: Refer to Section 14.2401.
EGRESS: A means or route of exit from a room or building including a doorway,
passage, corridor, stairway or fire escape.
ELEV A TOR: 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 bearing walls, enclosing walls or curtain walls.
EXIT: That portion of a means of egress which is separated from all 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: Refer to Section 14.2401.
FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to
support loads within a building (see also definition of Story).
FLOOR AREA: Refer to Section 14.2401.
FLOOR AREA RATIO: Refer to Section 14.2401.
FOOTING: A construction supported directly on the ground which supports walls, piers
and columns.
FOUNDA nON WALL: A wall or pier extending to or below frost level serving as
support for a wall, pier, column or other structural part of a building.
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FURRING: A construction of wood, metal, masonry or other material, the sole purpose
of 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, PRIV ATE: A garage for not more than three (3) motor vehicles in which no
business or industry connected directly or indirectly with motor vehicles is carried on.
GARAGE, PUBLIC: A garage not included within the term "private garage".
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.
HABIT ABLE 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.
HEIGHT OF BUILDING: The vertical distance of a 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.
HOLLOW BLOCK: A cellular building block ofbumt clay or concrete in which cellular
spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of
the block.
KITCHEN: A room or an alcove containing cooking facilities and in which food may be
prepared.
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 wall which supports the
construction above.
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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 MANAGER: The Village Manager ofthe Village of Mount
Prospect.
NONCOMBUSTIBLE: Any material which will not sustain fire.
NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in
the 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 clerical work, writing or drafting is done, where clients are
interviewed, professional services are rendered or where business is transacted without an
immediate transfer of goods.
OPEN AREA: With respect to fences, open area shall be determined so that any given
square foot of such fence shall consist of not more than fifty percent (50%) fencing
material 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 roofline to prevent the
spread of fire.
PARKWAY: Refer to Section 15.202
PARTIAL CERTIFICATE OF OCCUPANCY: A Certificate of Occupancy issued fora
portion of a building or structure prior to completion of the entire building or structure.
PARTY WALL: A wall of approved masonry used or adapted for joint use between two
(2) buildings and shall comply with wall 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.
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PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the
principal structure, unheated and which is not intended to be used as a habitable room.
PATIO SCREENING: A screen, preferably decorative, natural or artificial, which 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: Refer to Section 14.2401
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 ofthe 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 of a provision of this Code.
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%) ofthe gross cubic content of the block.
SPRINKLERED: 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.
STAIR WAY: 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 rise and adjoining tread.
E. Tread: The horizontal width of a step not including the nosing.
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F. Width: The clear width of a stair between parallel required 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 construction
activities, which order is issued by the Director of Community Development.
STORY: That portion of a building included between the upper surface of a floor and the
upper surface of the floor or roof next above.
STREET: Refer to Section 15.202.
STRUCTURE: Any construction, or any production or place of work artificially built up
or composed of parts joined together in some definite manner; including, but not limited
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, 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
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Used materials, 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 of a 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 1 06.2 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 1 06.6. 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 Hearing - 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 an amount as set forth in appendix A, division III ofthe Village Code...".
PM 111.1 Petition - Replace the word "board" with "Village Manager".
PM 111.2 and PM 111.3 - Delete in their entirety.
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level, which raised deck shall lie immediately adjacent to and surrounding the upper edge
of said pool which shall not be an excavated pool.
Swimming Pool, Residential Private: A swimming pool located in any residentially zoned
district 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.
UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the
structural supports are metal 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 masonry.
VILLAGE ATTORNEY: The Village Attorney of the Village of Mount Prospect.
VILLAGE ENGINEER: The Village Engineer of the Village of Mount Prospect, or other
person designated by the director of public works. (Ord. 5253, 5-21-2002)
ARTICLE VI
PROPERTY MAINTENANCE CODE
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. (Ord. 4645, 5-17-1994; amd. Ord. 4893,10-7-1997)
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 shall apply in addition to all other village ordinances. (Ord. 4645, 5-17-1994;
amd. Ord. 4893, 10-7-1997)
21.603: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED;
AMENDMENTS:
For the purpose of establishing rules and regulations governing property maintenance,
there is hereby adopted the 2000 edition of the international 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:
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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:
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 (3) 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:
"PM 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 Vehic1es - Delete the words "not more than one" and replace with "no"
in first sentence.
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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 112-inch (13
MM) stroke" and replace with "... two and one-half inches (2 1/2") in height".
PM 302.12 Insect screens - Insert the following dates where required: II April 15 through
October IS".
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 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/close (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 all 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 every multiple
dwelling shall be adequately lighted by natural or artificial light at all times, so as to
provide in all 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 - Every dwelling shall have heating equipment and
appurtenances which are properly installed and are maintained in safe and good working
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condition, and are capable of safely and adequately heating all 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 ordinary 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 original
construction or added at a later date shall be maintained in good working condition. The
removal of such a device, item or fixture is prohibited and does not constitute repair or
maintenance. "
PM 603.1. General - Delete in its entirety and replace with the following:
"PM 603 .1. General - Elevators, escalators, 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:
"Article 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 shall be maintained in a clean
and sanitary condition by the entity that owns or is otherwise responsible for the common
area."
PM 801.4 Garbage Facilities - Delete in its entirety and replace with the following:
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.
(Ord. 4645, 5-17-1994; amd. Ord. 4893,10-7-1997; Ord. 5189, 5-15-2001)
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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 ofthis 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 structure of building by carving, the application of
paint, or other substance, or by any other means, other than as permitted by the
ordinances of the village. (Ord. 4645, 5-17-1994; amd. Ord. 4893,10-7-1997)
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 ofthis property
maintenance code or constitutes a hazard or nuisance to the citizens 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 from 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 set forth
in appendix A, division II of this code.
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.
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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 B1 of this section. (Ord. 4645, 5-17-1994; amd. Ord. 4893, 10-7-
1997; Ord. 5189,5-15-2001)
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 ofthe
violations. The method of serving the notice to the owner shall be one or more of those
described in subsection B of this section. 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 of this article may
result from a failure to remedy the violations;
4. Specify 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 of 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 of this article until the violations are corrected.
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D. Time Limits For Repair: The director may set time limits in which the violations
are to be corrected. Failure to comply with the time limits shall be a violation of this
article. (Ord. 4727, 5-16-1995; amd. Ord. 4893,10-7-1997)
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 of this article;
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.
C. The monthly enforcement fee shall be an amount as set forth in appendix A,
division II of this code.
D. Whenever the owner believes that all 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 of this article, the director shall 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 shall 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
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4. Maintain lien records until:
a. The lien and all 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 all interest, civil penalties and other charges. (Ord. 4727, 5-16-1995; amd. Ord.
4893, 10-7-1997; Ord. 5189,5-15-2001)
21.608: EXCEPTIONS TO ENFORCEMENT FEES:
A. If 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. Ifthe 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 value of all suspended fees.
B. Notwithstanding the other provisions of this section, the enforcement fee may be
waived ifupon 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.
C. Notwithstanding the other provisions of this section, the enforcement fee may be
waived as to an owner for one time only during that owner's ownership of multi-family
residential property within the village under the following circumstances: .
1. If the owner's total accrued enforcement fee is less than the amount set forth in
appendix A, division II of this code, such fee may be waived if the owner:
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a. Attends and completes the crime-free housing seminar as offered by the village,
including the payment of a registration fee to cover the cost of materials, and
b. Further agrees to submit to a security survey by the police department; or
2. If the owner's total accrued enforcement fee is within the amounts set forth in appendix
A, division II of this code, such fee may be waived if the owner:
a. Attends and completes the crime-free housing seminar as offered by the village,
including the payment of a registration fee to cover the cost of materials; and
b. Agrees to obtain a security certificate from the village, which certification will include,
but not be limited to, a security survey by the police department, and implementation of
any security recommendations within a period prescribed by the village; or
3. If the owner's total accrued enforcement fee is in excess of the amount set forth in
appendix A, division II ("base amount") of this code, then up to an amount also set forth
in appendix A, division II of this code, may be waived under the same conditions
prescribed in subsection C2 of this section, provided that any amount in excess of the
base amount is paid upon application of the owner for the waiver. (Ord. 4727, 5-16-1995;
amd. Ord. 4869, 6-17-1997; Ord. 4893,10-7-1997; Ord. 5189, 5-15-2001)
21.609: ADDITIONAL UNITS: Approval must be obtained from the code official prior
to any change being made in the number of units within a licensed inspection group.
Application for such change shall be made on a form provided by the code official. The
code official will review the proposed change and respond to the property owner within
thirty (30) days of the filing of the application. Any and all changes must meet all zoning
and building code requirements. (Ord. 4868, 6-17-1997; amd. Ord. 4893,10-7-1997)