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HomeMy WebLinkAboutOrd 4512 01/05/1993/caf 12-10-92 ORDINANCE NO. 4512 AN ORDINANCE AMENDING CHAPTER 21 "BUILDING CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT IN ITS ENTIRETY BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 21 entitled "Building Code" of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Chapter 21 of the Village Code shall be and read as follows: ,, CHAPTER 2~ BUILDING CODE CHAPTER 21 BUILDING CODE Subject Article Enactment and Scope ...................................... General Provisions ...................................... II Architectural Design ................................... III Grade Regulations ...................................... IV Fees, Bonds and Deposits ................................ V Fences ................................................. VI Electrical Installations .............................. VII Refrigeration and Air Conditioning .................. VIII ~rivate Swimming Pools ...............................· IX Heating Regulations; Multi-Family Dwellings ............ X Miscellaneous Provisions; Penalties .................... XI Definitions ........................................... XII Property Mantenance Code ............................. XIII ARTICLE I ENACI~ENT AND SCOPE SECTION: 21.101. Purpose 21.102. Scope 21.103. BOCA National Building Code Adopted 21.104. BOCA National Mechanical Code Adopted 21.105 Illinois Plumbing Code Adopted 21.106. C.A.B.O. One and Two Family Dwelling Code Adopted 21.107. Special Regulations for Buildings Containing Four or More Stories 2].108. Special Requirements for Existing Use Groups R-1 & R-2 21.109. Filing Requirements 21.110. Miscellaneous Provisions SEC. 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, and to regulate the architec.tural design of buildings or structures erected or to be erected in the Village limits. SEC. 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 Code based on occupancy also apply to conversions of existing buildings and structures or portions thereof from one occupancy classification to another. SEC. 21.103. BOCA National Building Code Adopted. For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, there is hereby adopted the ¥990 edition of the BOCA National Building Code plus 1992 supplement promulgated by the Building Officials and Code Administrators International, Inc.,together with all appendices, except such portions thereof as are hereinafter expresslY deleted, modified or amended. 21.103 ~1.103 A. While the 1990 edition of the BOCA National Building Code, the 1992 Accumlative Supplement to the National Building Code and all appendices have hereinabove been adopted, the following exceptions thereto {consisting of certain deletions and changes) shall control wherever the said exceptions are applicable or are in conflictwith certain other provision of the said BOCA Code. 1. Section lO0.1 - Insert: {Jurisdiction) - VILLAGE OF MOUNT PROSPECT 2. Section 103.4 - Insert: (DATE} - the date of adoption of the ordinance adopting the BOCA Code. 3. Section 114.3.1 - Insert: (Appropriate Schedule) - Refer to Article V - FEES, BONDS AND DEPOSITS - of the Village of Mount Prospect Building Code 4. Section 117.4 - Insert: (OFFENSE) - Misdemeanor, {A~IOUNT} $1,000.00, (HUMBER OF DAYS) - 30 Days 5. Section 118.2 - Insert: {DOLLAR AMOUNTS IN TWO LOCATIONS) One Hundred {100) Dollars and One Thousand {1,O00) Dollars 6. Section 119.6 {1992 Supplement) Delete change to Section 119.6. 7. Section 123. - Delete in it's entirety. 8. Delete Section 124.1 to 124.7 in their entirety and add new Section 124.1 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. 9. Add new definition of "Fire Official" in Article 2 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 jurisdict:on. 21. 103 .~1. 103 10. Add new Subsection 306.1.2 of Article 3 to read as follows: a. 306.1.2 - Restricted locations: Except as otherwise specifically provided for herein, buildings of Use Group H shall not be located within 1000 feet of the nearest wall of a building classified in Use Group A, I or R. ll. Amend Section 313.1.2 - Exception: "Shall be reduced from those in Table 313.1.2 by 1 Hour but to not less than 2 Hours and..." 12. Amend Section 301.1.1 (1992 Supplement).as follows: a. Delete the word "Exception" and its text entirety. b. Amend the text in its entirety in Table 301.1.1 to read as follows: (1). Room or area; All use groups: Paint shops in buildings ather than Use Group F 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 (2). Room or area; All use groups: Waste and soiled linen chute access rooms, boiler and furnace rooms. Separation/protection: Automatic sprinkler system (3). Room or area; All use groups; Incinerator rooms Separation/protection; 2 hours and automatic sprinkler system (4). Room or area: Use Groups A, B, E, I, R-l, R-2; Storage rooms Separation/protection; 1 Hour and automatic sprinkler system 21.103 ~..103 (5). Room or area: Use Groups A, B, £, I, R, 1, Ro2: Physical plant maintenance shop and workshop Separation/protection; 1 hour and automatic sprinkler system (6). 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; 1 hour and automatic sprinkler system {7). Room or area: Use Group I-3 padded cells Separation/protection; 1 hour and automatic sprinkler system 13. Amend Section 502.2 of Article 5 as follows: a.. Delete 18 feet (5486 mm) and replace with 20 feet (6096 mm). 14. Add the following sections to the end of Section 502.2 of Article 5 as follows: 502.2.1 Fire lanes required: Fire lanes shall be provided for any part of buildings that are set back more than 150 ft. {45.75 m} from a public road or for buildings which exceed 30 ft (9.14 m) in height and are set back over 50 ft (15.25 m) from a public road. 502.2.1.1 Size: Fire lanes shall be at least 20 ft (6.1 m) in width with the road edge closest to the building at least lO ft (3.05 m) from the building. Any dea~ - end road more than 500 ft (152 m) long shall be provided with a turn around the closed end at least lO0 ft (30.6 m) in diameter. 502.2.1.2 Split type: Split fire lanes are not permitted. 502.2.1.3 Construction Requirements: Fire lane construction shall conform to Sec. 16.403.B.l.b. of the Village of Mount Prospect Development Code. 21.103 21.103 502.2.1.4 Maintain: The designation, use, and maintenance of fire lanes on private property shall be accomplished as specified by the Fire Official. 502.2.l.5 Posted: All fire lanes* shall be posted with signs at locations designated by the Fire Official. Cost of the signs and installation shall be at the sole expense of the property owner. * Fire lanes enumerated in Section 18.2014 of this Code. 15. Amend Section 511.1 of Article 5 as follows: a, Change "board of appeals under provisions of Section 124.0" to read; "Village Manager under provisions of Section 124.1", 16. Add new Section 512.6.2.1: (1992 Supplement) 512.6.2.1 All Use Groups two (2) stories or more: A minimum of one (1) elevator shall be provided to service all floors in buildings containing two (2) stories or more. 17. Amend Section 513.1 {1992 Supplement) as follows: Add "All provisions of the 1990 NFPA Life Safety Code shall apply. 18. Amend Section 602.1 (1992 Supplement) as follows: ~. Change "75 feet (22860 mm)" to read "35 feet (10670 mm)" 19. Delete "Exception:" in Section 602.3 (1992 Supplement) and its text entirety: 20. Add Section 607.~.1 as follows: "All open parking structures shall be equipped throughout with an automatic sprinkler ~ystem in accordance with Section 1004.2.1. 21. Amend Section 608.1 (1992 Supplement) - Change 1st "l hour" to read "2 hour" 22. Section 608.2 (1992 Supplement) - Change "1/2 inch" to read "5/8 inch, type X gypsum" 23. Section 608.3 (1992 Supplement) - Change "4" (102mm)" to "6" (153mm)" 21.103 21.103 24. Section 608.4 (1992 Supplement) - Change "l 3/4 inch solid core wood door" to read "1-1/2 hour fire door assembly in accordance with Section 916.0." Exception: In Use Group R-3 door opening protectives shall be 1-3/4" solid core wood doors or approved equivalent. 25. Amend Section 608.3 of Article 6 as follows: a, Change "l hour" to read "2 hour" 26. Amend Subsection 609.2.1 of Article 6 as follows: a. DeletQ paragraphs 1. 2. 3. and 4. and all its text. 27. Amend Section 615.5 of Article 6 as follows: a. Delete the wording "in excess of 500 square feet (46.5m sq) in area" b. Delete "Exceptions" 1. 2. 3. and 4. and their text entirely. 28. Amend Subsection 618.6.1 of Article 6 to read as follows: a. Change 1st "20 feet (6096 mm)" to read "100 feet (30500 mml" b. Change "10 feet (3048mm)" to read "25 feet (7625 mm)" c, Change 2nd "20 feet (6096 mm) to read "lO0 feet (30500 mm)" d. Add the following sentences to the end of the Subsection 618.6.1. All blow -~out panels shall be outlined with bright yellow paint, 3 inches wide. In addition a warning sign stating "DANGER - EXPLOSION RELIEF PANEL" shall be posted on the panel at intervals of one (1) sign for every lO linear feet. Letters on the sign shall be a minimum of l-l/2 inches in height and a 1/2 inch stroke in width. Sign is to be red in color with white letters. 29. Add new Subsection'618.6.4 of 'Article 6 as follows: 618.6.4 Personnel protection; All blow - out panels shall be equipped with a restraining device to keep the panel from blowing completely free of the building. If panels are installed on the roof of a building, a guard rail shall be constructed around the panel and appropriate warning sign posted on the guard rail. 21.103 21.103 30. Add new Subsection 618.6.5 of Article 6 as follows: 618.6.§ Minimum Pttysical Requirement: The maximum weight of blow-out panels shall be 1.5 lb. per square foot or less. Only plastic panels with a flame spread of 25 or less are permitted. Explosion panel in walls may be insulated, as long as they do not exceed 1.5 lb. per square foot. Explosion panels on roofs shall not be insulated to prevent the accumulation of ice and snow. Where building heat is insufficient, additional means of heating will be required. All panels shall be designed to relieve at the lowest possible pressure and shall not exceed 30 pounds per square foot. 31. Add new Subsection 618.6.6 of Article~6 as follows: 618.6.6 Explosion venting of process equipment: All process equipment which warrants explosion venting as deemed necessary by the authority having jurisdiction shall be vented in accordance with NFPA 68 Standard 1988 Edition, Guide for Venting of Deflagrations. 32. Add new Section 618.8.6 of Article 6 as follows: 618.8.6 Fixed storage tank protection; All new liquefied petroleum gas distribution facility with storage tanks, having a water capacity in excess of 1,O00 gallons, shall be equipped with an automatic fixed water spray system. The water spray system shall be designed and installed in accordance with NFPA 15 listed in appendix A. The system shall be capable of operating automatically and by activation of manual pull stations. 33. Add new Section 618.8.7 of Article 6 as follows: 618.8.7 Loading rack grounding/bonding: All new loading racks for liquefied petroleum gas shall be equipped with an active ground/bonding system. Such system shall require the physical contact of all components to the ground/bonding system before any transfer or loading of liquefied petroleum gas can be accomplished the system shall be designed with a failsafe feature to stop the transfer or loading of liquefied petroleum gas in the event ground/bonding system is interrupted. 21.103 21.103 34. Add new Section 619.5 (1992 Supplement) as follows: 6]9.5 Loadimg rack protection; All new loading racks for the transfer ano/or loading of flammable/combustible liquids shall be equipped with an automatic Aqueous Film Forming Foam fire suppression system. The system shall be supervised in accordance with Section 1020.0 and design in accordance with NFPA 16 listed in Appendix A. If more than 10% of Ethanol is contained in the fuel or if other polar solvents are handled, an alcohol resistant aqueous film forming foam shall be used. Activation of the system shall be by ultraviolet flame detectors. In addition to the detectors, provide a minimum of one (1) manual fire pull station located at both ends of the loading rack and one (1) manual pull station by the main exterior office doorway. 35. Add new Section 619.6 (1992 Supplement) as follows: 619.6 Loading rack grounding/bonding: All new loading racks for the :ransfer and/or loading of flammable/combustible liquids shall be equipped with an active grounding/bonding system. Such system shall require the physical contact of all components to the grounding/bonding system before any transfer or loading of product can be accomplished. The system shall be designed with a failsafe feathre to stop the transfer or loading of product in the event grounding/bonding is interrupted. 36. Amend Section 624.1 of Article 6 as follows: a. Change "180 days" to read "sixteen (16) days" 37. Add new Section 624.10 of article 6 as follows: 624.10 Fireguards: Whenever members of the general public are present or are allowed in such tents and/or air supported structures, the operator thereof shall have made arrangements with the fire official to have fireguards to be on duty. At least one fireguard shall be required, if the size of the tent or air supported structure exceeds five hundred (500) square feet and has an occupancy load of fifty (50) or more people. 38. Amend Section 907.1 of Article 9 as follows: a. Change the wording "any approved noncombustible" to read "solid or hollow masonry units or.of plain or reinforced concrete" 21.103 39. Amend Section 907.6 of article 9 as follows: a. Delete the following wording "except as provided for Sections 907.6.1 through 907.6.3." b. Change comma after the word "surface" to a period. 40. Delete Subsections 907.6.1, 907.6.2 and 907.6.3. 41. Amend Subsection lOO1.2.1 of 1992 Supplement as follows: a. Add new sentence at the end of subsection text to read as follows: Submit four (4) complete sets of plans. 42. Amend Subsection 1001.2.2 of 1992 Supplement as follows: a. Add new sentence at the end of subsection text to read as follows: Submit four (4) complete sets of drawings and four (4) sets of hydraulic calculations for hydraulically designed systems. 43. Amend Section lO02.1 of 1992 Supplement as follows: a. Delete "Exceptions." an¢ its text entirety 44. Amend Section 1002.2 of 1992 Supplement as follows: a. Change wording to "Throughout all Use Group A-l, A-3 and A-4 fire areas, an automatic fire suppression system shall be provided as follows:" b. Delete "Exceptions;" and its text entirely. 45. Amend Section 1002.3 of Article l0 as follows: a. Change the wording "Where a Use Group A-2 fire area is more than 5,000 square feet {456m sq.) in area or is located either above or below the level of exit discharge of exits that serve the Use Group A-2 fire area, an automatic fire suppression system shall be provided as follows: I'to read "Throughout all Use Group A-2 fire areas, an automatic fire suppression system shall be provided as follows: 46. Amend Section 1002.5 of 1992 Supplement as follows: a. Delete: "Exceptions" and its text entirely. 47. Amend Section 1002.6 of 1992 Supplement as follows: a. Delete "£xceptions:" and its text entirely. 21.103 =~.103 48. Amend Section 1002.7 of Article l0 in its entirety to read as follows: 1002.7 Use Groups M, F-l, F-2 or B: Throughout all buildings or portions thereof with a Use group M, F-l, ~-2 or B fire area, an automatic fire suppression system shall be provided as follows: 1. Where any Use Group M, F-l, F-2 or B fire area exceeds 5,000 square feet (465 m2) in area; 2. Where any Use Group F-l, or F-2 is more than one story in height regardless of floor area. a. Delete paragraph 3 and Exception 49. Amend Section 1002.8 of 1992 Supplement as follows: a. Delete "Exception" and its text entirely. 50. Amend Section 1002.9 of 1992 Supplement as follows: a. Delete "Exception" and its text entirely. 51. Add new Section 1002.12 of Article l0 as follows: 1002.12 Use Group S-1 and S-2: An automatic fire suppression system shall be provided throughout all buildings or portion thereof with a Use Group S-1 or S-2 fire area. 52. Add new Section 1002.13 of Article lO as follows: 1002.13 Open Parking Structures: An automatic fire suppression system shall be provided throughout all Open Parking Structures: 53. Add new Section 1002.14 of Article 10 as follows: 1002.14 Existing Building/Structures: Throughout all use groups, existing buildings or structures fire area, when an automatic fire suppression system would be required if new, then an automatic fire suppression system shall be provided as follows: 1. Where additions, repairs/remodeling in excess of fifty (50) percent of the valuation of the building/structure or 2. Where change of use results in a greater hazard to the ~ublic safety or welfare according to the Code Official and/or Fire Official. 21.103 21,103 54. Amend Subsection 1004.2.1 of 1992 Supplement as follows: a. Delete paragraph 1. under exceptions and its text entirety. b. Delete paragraph 2. under exceptions and its text entirety. 55. Amend Subsection 1004.2.2 of 1992 Supplement as follows: a. Delete "£xc~ption" and its text entirely 56. Amend Section 1004.2.$ of 1992 Supplement as follows: Delete UException# and its text entirely. 57. Add new Section lO04.10 of Article 10 as follows: lO04.10 Water control valve height: All water control valves shall be located no less than two {2} feet and no more than five and one half {5 1/2) feet above finished floor. The location of the control valves are subject to approval of the fire official. 58. Amend Subsection 1005.6.3 of Article l0 as follows: a. Change "check valve" to read "double check valve assembly" 59. Amend Subjection 1012.2.1 of Article l0 as follows: a~ Change "30 feet (9144 mm)" in line 2 and 4 of the text to read "20 feet (6096 mm)". 60. Amend Section 1012.4 of 1992 Supplement as follows: a. Change in the Exception text "150 feet (45720 mm)" to read "20 feet (6096 mm)" 61. Amend Subsection 1012~4.1 of Article l0 as follows: a. Delete in the Exceptions, paragraph 1. 62, Amend Subsection 1012.4.2 of 1992 Supplement as follows: a. delete'in the Exceptions, paragraph 1. 63. Amend subsection 1012.7.2 of Article l0 as follows: a. Change the wording "six stories or 75 feet (22860 mm) to read "two stories or 20 feet (6096 mm)". 21.103 21.103 64. Amend Section lO14.1 of Article l0 as follows: a. Amend the text for Required: to read as follows: All water sprinkler and standpipe systems shall be provided with at least one (1) two-way fire department connection. Each inlet of the fire department connection shall be at least 2 1/2 inches in diameter. All water sprinkler and standpipe systems shall have at least one (1) fire department connection fitted with a five (5) inch Storz coupling. In addition to the Storz coupling a two-way, 2 1/2 inch (female National Standard Hose Thread) by five (5) inch Storz, quarter turn coupling siamese fitting equipped With internal spring loaded clappers, shall De connected to the stationary five (5) inch Storz coupling. Arrangements shall be made by use of chain or braided cable to prevent theft of the siamese fitting but allow removal of the siamese to permit direct access to the stationary five (5) inch Storz coupling. b. Delete the text in Exceptions, paragraphs 1., 2. and 3. to read as follows: 1. Limited area sprinkler systems with a system riser that is three (3) inch or less in diameter shall have a fire department connection consisting of one (1), 2 1/2 inch female, with National Standard Fire Hose threads and swivel coupling. An engraved corrosion resistant plate, red in color, with white letters 1/2 inch in height, shall be installed directly above the fire department connection. 2. Sprinkler systems installed in Use Groups R-3 and R-4 in accordance with NFPA 13R or 13D, with 20 sprinklers or more shall have at least one 2 1/2 inch fire department connection. 65. Add new Section 1014.9 of Article l0 as follows: lO)4.g Color: All new fire department connections shall be painted bright red and maintained in this condition by the building owner throughout the life of the system. Exception: Chrome plated or highly polished brass. 21.103 21.103 66. Add new Section lO14.10 of Article l0 as follows: lO)4.10 Strobe/Bell: All new fire department connections shall have a white strobe light and audible horn/bell located above the fire department connection. The audible and visual shall operate upon activation of flow alarm. The type and location of strobe and audible shall be approved by the fire official. 67. Amend Subsection 1016.4.1 of Article lO as follows: a. Change Use Group A-4 in the heading and the text to read, Use Group A. 68. Amend Subsection 1016.4.2 of Article 10 as follows: a. Change the text for this subsection to read as follows; 1016.4.2 Use Group B: A fire protective signaling system shall be installed and maintained in all buildings of Use Group B. 69. Amend Section 1016.4.5 of Article l0 in its entirety to read as follows: 1016.4.5 Use Group R-2: A fire protective signaling system shall be installed and maintained in all buildings of Use Group R-2. 70. Amend Section 1016.7.5 of Article l0 as follows: a. Change "20,000 square feet {1860 m sq)" to read "lO,O00 square feet {930 m sg.)". b. Change "300 feet (91440 mm)'~ to read "150 feet (45720 mm"). 71. Amend Section 1017.4.4 of Article 10 to read as follows: a. Delete Exception No. 1 change Exception No. 2 to teac No. 1. 72. Add new subsection 1017.4.5 of Article 10 as follows: 1017.4.5 Use Group R-2: An automatic fire detection system shall be installed and maintained in all buildings of Use Group R-2. Exception: Automatic fire detections system are not required within the individual dwelling units except as required by Section lO18.0, single - and multiple station smoke detectors. 21.103 21.103 73. Add new Subsection 1017.4.6 to Article 10 as follows: 1017.4.6 Use Group H: An automatic fire detection system shall be installed and maintained in all buildings,~ structures or portions thereof, of Use Group H. 74. Delete Section 1017~5 of Article l0 in its entirety. 75. Add new Section 1017.10 to 1992 Supplement as follows: lO17.10 Detector Type: All required detectors within Use Group R-1 and R-2 shall be photoelectric type according to NFPA 72 E as referenced in Appendix A. 76.' Add new Section 1018.6 to Article l0 as follows: 1018.6 Detector Type: The smoke detectors required shall be the llO volt type and permanently wired into the electrical system. The circuit shall not serve other appliances or outlets. All required smoke detectors shall be photoelectric. 77. Amend Section lO20.1 of 1992 Supplement as follows: a. Delete the text in this section and its exceptions to read as follows: lO20.1 Fire Suppression Systems: All required automatic fire suppression systems shall be ,supervised by a listed Underwriters Laboratories, PFotective Signaling Services - Central Station in accordance with NFPA 71 listed in Appendix A. In addition to the central station requirements the local alarm requirements shall be in accordance with NFPA72A listed in Appendix A. It is the responsibility of the building owner to maintain this supervision during the life of the building. A certificate of occupancy {as defined in Section 201.0} shall not be issued and no movement of supplies and/or equipment into the building shall be permitted until the fire suppression system is fully functional and supervised. Exceptions: 1. Limited area sprinkler systems (see Section 1005.6.3) 21.103 21.103 78. Amend Section 1020.2 of Article l0 as follows: a. Delete the text in this section and its exceptions to read as follows: 1020.2 Fire protective signaling systems and automatic fire detection systems: All required systems shall be supervised by a listed Underwriters Laboratories Protective Signaling Service - Central Station in accordance with NFPA 71 listed in Appendix A. In addition to the central station requirements the local alarm requirements shall be in accordance with NFPA 72A listed in Appendix A. It is the responsibility of the building owner to maintain this supervision during the life of the building. A certificate of occupancy (as defined in Section 201.0) shall not be issued and no movement of supplies and/or equipment into the building shall be permitted until the fire alarm system is fully functional and supervised. Exception: 1. Fire suppression systems shall conform to Section 1020.1. 2. Single station detectors reouired by Section 1018.0 shall meet local alarm requirements. 79. Amend Section 1021~l of Article lO as follows: a. Change the text of this section to read Portable fire extinguishers shall bear the label of an approved agency, be of an approved type for the building occupancy, a minimum of 2A - 20BC rating and be installed in a location visible and accessible to the occOpants. All fire extinguishers shall be securely mounted to the wall or structural member of the building. The top of the fire extinguisher shall not exceed five (5) feet above finished floor and the bottom of the fire extinguisher shall be a minimum of two (2) feet above finished floor. When mounted on structural members of the building, a one foot wide band of red paint shall be applied to the structural member, a minimum of 10 feet above finished floor. In all other mounting situations, an approved fire extinguishgr marking sign shall be installed 8 feet directly above the fire extinguisher. When the fire extinguisher is installed in mounted cabinets, these cabinets shall be painted bright red and an approved fire exting'uisher marking sign shall be installed 8 feet directly above the cabinet and perpendicular to the wall. 21.10/'~ "'"" 21.103 80. Amend Section 1021.2 of Article l0 in its entirety to read as follows: 1021.2 Where required: Portable fire extinguishers shall be installed in all Use Groups in accordance with Section lO21.1 and NFPA l0 listed in Appendix A. Exception: Use Group R4 and individual dwelling units. 81. Amend Section llll.2 of Article ll in its entirety as follows: llll.2 Ground snow loads: The lO0-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 llll.2b. The snow load design used for temporary buildings shall be approved by the Building Official. 82. Amend Subsection 1112.3.2 of Article ll in its entirety to read as follows: 1112.3.2 Basic wind speed: The basic wind speed, in miles per hour, to be used within the Village of Mt. Prospect for buildings and structures shall be 90 mph as determined by Figure 1112.3.2. 83. Amend Section 1207.3 of article 12 in its entirety to read as follows: 1207.3 Wood foundations: Wood foundations are not allowed to be constructed. 84, Delete Section 1210.1 and 1210.2 of Article 12 in its entirety. Add new Section 1210.1 to read as follows: 1210.1 Masonry - unit footings: Masonry - unit footings are not allowed to be constructed. 21.103 21.103 85. Amend Section 1222.2.2 of 1992 Supplement to read as follows: a. Delete the wording "hollow and solid unreinforced masonry from Section 1222.2.2." b. Delete the wording "masonry of hollow units ungrouted and masonry of solid units from Table 1222.2.2." c. Add sentence to Section 1222.2.2, "All foundation walls shall be of monolithically poured concrete." 86. Delete Section 1222.2.3, Hollow unit walls of Article 12 in its entirety. 87. Delete Section 1222.2.4, Rubble stone of Article 12 in its entirety. 88. Delete Section 1308.1 Exceptions in their entirety. 89. Add new Section 1604.5 of Article 16 to read as follows: 1604.5 Minimum Type: All new interior walls including exposed interior side of exterior walls shall have a minimum of five eighth (5/8) inch Type X gypsum board attached to noncombustible wall assembly. Interior wood stud wall assemblies are not allowed. Exception: Masonry walls are not required to have a minimum of five eight inch (5/8") type X gypsum board unless other sections of code require it. 90. Delete Subsection 1702.2.3 of Article 17 in its entirety. 91. Add new Section 1704.5 of Article 17 as follows: 1704.5 Firestopping: All new premanufactured wood floor assemblies with solid plywood web shall be firestopped at intervals of every 8 feet between floor joists spacing with solid firestopping materials the full depth of joists according to Section 921.2. 92. Add new Section 1704.6 of Article 17 as follows: 1704.6 Spacing: All new premanufactured wood floor assemblies with solid plywood web shall be spaced no more than 16 inches on center between joists for for all spans. 93. Delete Article 29 SIGNS in its entirety. 21.104 21.105 SEC. 21.104. 1990 Edition BOCA National l~echanical Code Adopted. The 1990 edition of the BOCA National Mechanical Code is hereby adopted in its entirety, except such portions thereof as may be expressly deleted, modified or amended by this Chapter 21 of the Municipal Code of Mount Prospect. A. Article 4 1. Add Section M-409 Pulse Furnaces a. lO9.1 Pulse Furnace Intake and Exhaust Piping: All intake and exhaust piping in pulse furnace installations shall have approved mufflers to prevent excessive noise emission produced by the operation of the pulse furnace. Sub Section 409.1.1 - Screening All intake/exhaust pipe openings outside shall be provided with approved screening to prevent fouling caused by bird nests and/or rodents. Sec. 21.105 1986 Illinois Plumbing Code Adopted: The 1986 edition of the Ilqinois Plumbing Code and all amendments is hereby adopted in its entirety, except such portions thereof as may be expressly deleted, added, modified or amended by this Chapter 21 of the Municipal Code of Mount Prospect. Add new Section 890.1785 - Flood Control Systems: a) Sewer Pipe: All sewer pipe in a flood control system shall be either schedule 40 PVC plastic with solvent weld joi~cs, or schedule 26 PVC %" ring pipe, or service weight cast iron. b) Joints and Connections: All joints and connections shall meet with the requirements in Subpart D: Joints an~ connections of the Illinois State Plumbing code.. c) Joints an¢ 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. 21.105 21.105 d) By-Pass' Ejector sump: In installations with bypass ejector pumps, the pit shall be either cast iron or fiber glass. The discharge pipe shall either be schedule 80 PVC with threaded joints, malleable iron with threaded joints, or type M copper with soldered joints. e) By-Pass Ejector Pump Discharge Size: The minimum size pipe for ejector pumps shall be 2 inch. f) By-Pass Piping to Sump: Bypass piping shall be piped from the overflow fitting in the building sewer to discharge directly into the sump pit. Open tees shall not be considered as a direct connection. All sumps shall be provide¢ with approved covers. g) Power for Ejector Sumps: All circuitry for flood control pumps and any service receptacles shall be installed according to the Mount Prospect Electrical Code, Section 21.710. h) Vaults for Flood Control Systems: All vaults for flood control systems shall conform to the following specifications: l) A minimum of a 64 inch diameter concrete pad, 6 inches in thickness on a minimum of 4 inches of sand base. The pad inside the vault shall \ o have a troweled flnlsh with pitch toward the sump pit for drainage. 2) The vault shall consist of 48 inch diameter precast concrete sections, 4 inches thick, set in a bed of Class I mortor. The inside and outside of the vault base shall have Class I mortar wedges. The joints between barrel sections shall be made watertight w~th 1 inch rope tar. 3) A Neenah R-1712 forged frame and lid shall be provided, with the word "SANITARY" on the lid, or approved equal. 4) Provide Neenah R-1981-1 cast iron steps or approved equivalent 16 inches on center. 5) Provide precast concrete rings, ASTM C-478-64T. Adjust to maximum 12 inches. 21.106 21.106 SEC. 21.106. C.A.B.O. One and Two Family Owelling 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 1989 edition of the One and Two Family Dwelling Code, ~romulgated by the Council of American Building Officials, together with all appendices thereof, except such portions thereof as are hereinafter expressly deleted, added, modified or amended. A. Deletions: 1. Delete Part V, "Plumbing" in its entirety. (Refer to Illinois Plumbing Code and Mount Prospect Building Code) 2. Delete Part VI, "Electrical" in its entirety. {Refer to Mount Prospect Electrical Code) 3. Delete Part IV, "Mechanical" in its entirety. (Refer to B.O.C.A. National Mechanical Code, 1990 edition) 4. Delete Section R-302.1, "Wood Foundations" in its entirety. 5. Delete Section R-304.5, "Wood Foundation Wall" in its entirety. 6. Delete Section R-305.2, "Wood Foundations" in its entirety. 7. Delete Section R-306.2, "Damp Proofing for Wood Foundations" in its entirety. 8. Delete Section R-704, "Particleboard" in its entirety. B. Amendments: 1. Amend Section R-1D3, "Scope" by removing the words "and one-family townhouses". 2. Amend Section R-204, 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: ~"~ 21.106 21.106 B2.a.(1) (1) Minimum floor areas - total structures: the minimum floor area for the total structure of building shall be: Tspe of Structure Minimum area sq. ft. One story ranch house .................. 1,O00 Split level or raised ranch house ....... 1,O00 One and one-half story house ............ 950 Two story house ......................... 800 The foregoing minimum floor area shall be measured at the first floor on the main floor level from the outside of exterior walls. {2) Minimum floor areas - living, dining and cooking rooms: the minimum floor area requirements for living, dining and cooking rooms shall be: Tspe of room Minimum area sq. ft. Liwng and dining when in one room ................. 310 Living only in one room when dining room space is provided in kitchen or separate room .......... 220 Kitchen cooking only {including area occupied by equipment ..................................... 100 Kitchen and dining when dining space is not ~ provided elsewhere ............................... 200 Kitchen and laundry (including area occupied by equipment) .................................... 140 Kitchen, dining anO laundry .................. 200 Utility room {including area'occ~i~J by equipment) .................................... 100 Kitchen, laundry and utility ....................... 200 Minimum floor area for the foregoing shall be measured from the inside of all finished walls. (3) Minimum floor areas - sleeping rooms: the minimum floor area requirements for slee~ing rooms shall be: Tspe of room Minimum area sq. ft. Major bedroom ...................................... 140 Second bedroom ..................................... 120 Additional bedroom ................................. 100 21.106 21.106 B2.a.(4) (4) Minimum floor areas - other rooms: the m~nimum floor requirements for other rooms shall be: Type of room Minimum area sq. ft. Major bathroom ................................ 40 Master bedroom closet ......................... 14 Other bedroom closets {at least one each) ..... l0 All other habitable rooms not hereinabove set forth ................................. 100 Minimum floor area for the foregoing shall be measured from the inside of all finished walls. (5) No habitable rooms shall be permitted on any floor below the finished grade. 3. Amend Section 209. "Attached Garages" and its entire text to read as follows - "Garages" R-209.1 Minimum Floor Area Requirements - Garage Dimensions. Minimum floor area requirements - garage dimensions. Minimum dimensions for garages shall be as follows: One-car garage Feet Inside width ............................. ll Inside depth ............................. 19½ Door width ............................... 9 Two-car garage Feet Inside width ............................. 19 Inside depth ............................. 19½ Door width ............................... 16- R-209.2 The maximum floor area allowable for any garage structure shall be six hundred {600) square feet. R-209.3 The maximum garage door height shall be eight {8) feet. R-209.4 Minimum Construction Requirements: a. Garages attached or built into residential buildings. {l) 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. 21.106 21.106 R-209.4(a)(2) (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 (l-l/2") from the rear of the garage towards the vehicle door. Floor drains shall not be allowed in the garage. (3) There shall be no interconnection between a house's forced air heating system and a garage. Return 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. (5) Shall contain the following minimal electrical equipment: (a) One GF! receptacle. (b) One ceiling or wall light fixture. {c) One switch for light fixture. b. Frame 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 five inches {5") thick reinforced with #10 wire screen over a base of crushed stone or sand at least four inches (4") in depth. Base to be place on undisturbed soil. Footings of not less than twelve inches {12") wide and not less than twelve inches (12") in depth around entire perimeter of slab. Footing shall be placed on firm soil, free of organic matter. The floor shall be pitched a minimum of one and one-half inches {l-l/2") from the rear of the garage towards the vehicle door. Floor drains shall not be allowed in the garage. 21.106 21.106 a.(3) (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 (l') from each corner. Bolts shall extend into the concrete eight inches (8") or more. (4) Wall studs shall be spaced at not more than sixteen inches (16") on center and securely fastened To the bottom plate which shall be bolted to the floor. A double top plate shall be required and all wall studs and plates shall be a minimum of two inches by four inches (2" x 4"). Doubling of studs shall be required at all corners and jambs of openings more than three feet (3') in width. (5) Each corner is to be wind-braced outward from the top in two (2) directions to a minimum of six feet (6') from corner at the bottom plate. Wind bracing shall be a minimum of one inch by four inches (l" 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 v (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 (l"X6")at not more than four foot (4') centers are required on all common rafters spans more than twelve feet (12') in width. (7) Headers shall be designed to carry the loads imposed according to the design of the roof, (8) 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. Two walls of each garage shall have a minimum operable window area of five (5) square feet per wall. (9) The maximum garage door height shall be eight feet (8'). (10) Roof sheathing of not less than one-half inch (1/2") thick exterior grade plywood or one inch (l") thick nominal size rough sawn sheathing. 21.106 21.106 a.(ll) (ll) Shall contain the following minimal electrical equipment: (a) One GFI receptacle. (b) One ceiling or wall light fixture. (c) One switch for light fixture. c. Brick detached garages. {1) Location of detached garages on lots shall conform to requirements of the Mount Prospect Zoning Ordinance. (2) Concrete footings not less than three and one-half feet {3½') below grade and not less than twelve inches {12") wide and eight inches {8"} thick shall be required. Foundation walls shall be a minimum of eight inches {8") thick. Footings shall be placed on firm soil free of organic matter. (3) Concrete floor shall be the same as required for frame garages. (4} Doors, windows and headers shall be the same as required for frame garages. {5} Rafters, roof and sheathing shall be the same as required for frame garages. {6} Shall contain the following minimal electrical equipment: {a) One GFI receptacle. {b) One ceiling or wall light fixture. (C) One switch for light fixture. 4. Amend Section R-210.1 - Exit Recuired: by changing the words "one exit" to "two exits". 5. Amend - Section 303 - Footings: to read "All exterior walls, bearing walls, columns and piers shall be supported by concrete footings or other approved structural systems which shall be of sufficient design to support safely the loads imposed as determined from the character of the soil, and shall in all cases extend below the frost line. Minimum sizes for concrete footings shall be as set forth in Figure NO. R-303. 6. Amend Section R-g01.12 Cleanout Opening by changing the words "when provided" to "shall be provided and" 21.106 21.107 C. ADDITIDNS: 1. Add to this Section 201.1: Design criteria shall be shown on the plans. All plans shall be signed and sealed by a licensed Illinois Architect. 2. Add Section 304.3-3. Masonry foundation walls shall not be constructed below grade. 3. Add Section 304.5 Trench foundations: Trenched concrete foundations shall be constructed using the following criteria. l) Allowable only on single story structures less than 1200 square feet. 2) Minimum wall thickness shall be ten inches (lO") with bottom flared out at a 1 to I angle for four inches (4") on each side. 3) Minimum of two (2) #5 Rebars - one, six inches (6") from bottom and one, six inches (6") from top, shall be placed the entire length of the trenched foundation. SEC. 21.107 Special Regulations for Buildings Containing Four or More Stories: The purpose of these regulations is to provide additional requirements for fire and life safety to new high rise buildings. The following code requirements are in addition to the code sections of the BOCA National Building Code 1990, Section 602.0 High Rise Buildings. A. Standpipes. 1. Standpipes and sprinkler Fire Department siamese connections shall be no further than ten feet (10') apart; located on the street or roadside wall of any such building; readily accessible; and located no further than three hundred feet (300') from the nearest operable fire hydrant. The three hundred feet (300') shall be measured along a route normally used by motor vehicles. 2. Automatic water supply standpipes for class I and class III service according to NFPA 14 as listed in Appendix A shall be provided on each floor. a. All hose installed shall be minimum single jacket rubber lined 300 pounds per square inch test and Nati6nal Standard Fire Hose Thread. 21.107 21.107 B. Elevators; Fire Service 1. A three (3) position (on, off and by-pass) key shall be provided at the main floor for each single elevator and for each group of elevators. This key switch shall be located in the left 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. 4. ~here 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 21.107 shall be available for fire department emergency service. In buildings where there are several groups of elevators and where individual key switches are provided to cause cars to return to the main floor, this arrangement is satisfactory provided that a separate key box is provided for each group of elevators. 7. Immediately adjacent to the fire department's return switch in the car station, a push hutton'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 cancelled when the car makes its first stop. 21.107 21.107 C. Fire Extinguishers 1. In use group R-2, approved portable fire extinguisher(s) shall be installed in: boiler and heater rooms, repair shops and rooms or spaces used for storage of combustible supplies and equipment when deemed hazardous by the authority having jurisdiction. D. Special Electrical Wiring 1. Nonenergized wiring to provide emergency power for fire fighting and other Fire Department purposes shall be installed and located in each stairwell, at each floor level and at ground level all interconnected in the fQllowing manner: a. Provide a National Electrical Manufacturers Association LIO-30P or approved equivalent weatherproof corrosion resistant male receptacle with a snap-type waterproof cover installed adjacent to the Fire Department sprinkler connection (but not so as to interfere with same} and color coded red. b. Provide a National Electrical Manufacturers Association LIO-30R or approved equivalent weatherproof corrosion resistant female receptacle with a snap-type waterproof cover installed in each stairwell, at each floor level and color coded red. c. If these installations above are not flush mounted, a waterproof enclosure shall be provided. d. Wiring shall conform to the following: {1) T.H.W. #8 in three-fourths inch {3/4") conduit, with ground from conduit to neutral; if conduit is exposed it shall be heavy wall; if conduit is concealed it shall be thin wall; the wire size is for buildings up to one hundred feet {100') in height. {2) T.H.W. #6 in one inch (l") conduit, with ground from conduit to neutral; if conduit is exposed it shall be heavy wall; if conduit is concealed it shall be thin wall; the wire size is for buildings over one hundred feet (100'} in height. e.. Wiring shall be three {3) pole, three {3) wired grounded circuit, conforming with .National Electrical Manufacturers Association LlO-30. 21.107 21.207 E. Voice Communication System: There shall be two (2) approved electrically supervised communication systems as described below: 1. A two-way Fire Department communications system, which shall provide two-way communication between the central control station and the following terminal areas; elevators, elevator lobbies, exit access corridors and exit stairways at each floor level. 2. A one way public address communication system for transmission of emergency directions and designed to be heard by all building occupants and shall operate from the central control s~ation. It shall be established on a selective or general basis to the following terminal areas; elevator lobbies, exit access corridors and exit stairways; office area exceeding one thousand (1000) square feet in area; dwelling'.units; and hotel guest rooms and suites. The two-way Fire Department communication system may be combined with the one-way address communication systems. F. 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. G. Smoke Hatches and Approved Roof Access Ladders: Smoke hatches and approved access ladders shall be provided in all stairways. Such hatches shall be activated manually and by automatic smoke detection devices. EXCEPTION: In smoke proof towers or prescribed stairwells, smoke detector activation shall not be required. H. Signage: The following signs shall be provided: 1. A sign shall be posted and maintained within each stairwell enclosure on every floor indicating the number of the floor. 2. Each stairway and each bank of elevators shall be identified by an alphabetical letter or letters indicating the geographical location of same, such as "N" for North, "SW" for Southwest or "M" for middle, etc. A sign indicating the letter or letters of identification shall be posted and maintained at each elevator landing and on the side of the stair door in which egress is to be made. 3. Stair re-entry signs shall be posted and maintained on each floor within each stairway door, where applicable, indicating whether re-entry is provided into the building and the floor where such re-entry is so provided. 4. Evacuation signs shall be provided in all multifamily units indicating the dwelling location and proper evacuation route as well as emergency telephone numbers and directions. 21.107 21.109 5. Room identification signs shall be posted and maintained on all doors to rooms other than dwelling units. 6. Directional signs shall be posted and maintained on each floor indicating dwelling numbers and directions. I. Keys, The following keys shall be provided: 1. A key to the electrical, mechanical, fire alarm and fire pump rooms shall be provided for Fire Department use and kept in the elevator key box and tagged to identify them properly. SEC. 21.108 Special Requirements for Existing Use 6roups R-1 and R-2. The owners of existing Use Groups R-1 and R-2 within the Village of Mount Prospect shall comply with the following requirements: A. Self Closers: Doors between dwellings and corridors shall be self-closing. The self-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. C. Emergency Lighting: All Use Groups R-1 and R-2 with twenty six {26) or more dwelling units shall have emergency lightihg. All emergency lighting shall be in accordance with BOCA National Building Cede lggO Section 823.4. D. Maintenance: The owner or occupant shall be responsible for maintaining the smoke detector in an operative condition at all times. Sec. 21.109. Filing Requirements. Not less than three (3) copies of the codes adopted by reference hereinabove and as set forth in Sections 21.103,21.104, 21.105 and 21.106 of this Chapter have been and now are filed in the office of the Village Clerk, being nevertheless 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 corporated limits of the Village. 21.10g 21.110 A. In the event any of the provisions of any of the above named codes are in conflict with either this Building Code or the Zoning Ordinance of the Village, this Building Code and such Zoning Ordinance shall prevail, and the conflicting provisions of those other codes hereinabove adopted by reference shall be of no effect. B. The term "Code Official" as used in any of the above adopted codes shall mean the Director of Inspection Services. Sec. ~1.110. #iscellaneous Provisions. A. Any provisions of this Code 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 occupancyof buildings and structures are hereby made a part of the Code. Should'any provisions in the State laws conflict with a similar provision of this Buil'd~ng 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 Code 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 Code. ARTICLE II GENERAL PROVISIONS SECTION: 21.201 Director of Inspection Services, Duties, and Powers 21.202 Deputies of the Depa/tment of Inspection Services 21.203 Building Permit Requirements 21.204 Issuance of Building Permits 21.205 Demolition of Buildings 21.206 Relocation of Buildings 21.207 Use of Village Water · 21.208 Use of Streets for Building Purposes 21.209 Street Obstruction Permit Fees; Deposits. Bonds 21.210 Elevator Permits 21.211 Revocation of Permits 21.212 Compliance with Building and Zoning Codes 21.213 Zoning Restrictions 21.214 Inspections 21.215 Right to Enter Premi.~es 2L216 Stop Orders 21.217 Certificate of Occupancy 21.218 Existing Buildings 21.219 Dangerous or Incomplete Buildings and Nuisances 21.220 Building of Unimproved Lots 21.221 Sidewalks 21.222 Trees 21.223 ~Night Construction 21.224 Burden of Proof 21.225 Appeals See. 21,201 Director of Inspection Services; Duties and Powers. The Director of Inspection Services shall be head of the Department of Inspection Serv/ces, 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 plato for which a building permit.has been issued. 21.202 D. To enforce all of the provisions of this Building Code and such other ordinances for the Village as may, from time to time be committed to the jurisdiction of the Department of Inspection Services 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 aa'lminlster and enforce this Building Code and such other ordinances as may be committed to jurisdiction of the Department of Inspection Services. 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 Inspection Services. 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 Inspection Services shall retain on file copies of required plans and blueprints relating to building work, subject to the following: 1. Plans and blueprints may be preserved photographically or on microfilm as provided by statute, and the file copies of such plans and blueprints may be destroyed by the Director of Inspection Services Department upon proper application to 'the Local Records Commission of Cook County, Illinois. The retention or destruction of all public records shall conform to the provisions of this Municipal Code of Mount Prospect, and the Local Records Act of the State Of Illinois (Illinois Revised Statutes, Chapter 116, 43.107). 2. All such records shall be open to public inspection for good and sufficient reasons at the stated office hours .of the Department of Inspection Services, but no such records shall be removed from the office of the Department of Inspection Services without the written consent of the Director of Inspection Services. J. To make written reports to. the Village Manager at least monthly, and more often when required, including statements of permits issued and orders promulgated. Sec. 21,202. Deputies of the Department of Inspection Services. The Village Manager, the Chief of the Police Department, the Fire Chief and the Village Attorney are hereby exofficio Deputies of the Department of inspection Services, and shail aid the Director of Inspection Services in administering and enforcing the provisions of this Code. 21.203 21.203 Sec. 21.203. Building Permit Requirements A. It shall be unlawful to proceed with erection, construction, alteration, repair, removal, demolition or excavation for any building or structure or make any change in plumbing, beating or electrical piping, air-conditioning or appurtenance; 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 Inspection Services. Any person beginning work prior to obtaining a permit for such work shall be subject to the penalty as indicated in Section 21.1103C of this Code. 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 ~eompletion within one year. If building operations are not started within sixty (60) days after issuance of the permit, or if after building operations have been started and such operations shall cease for a period of thirty (30) days, or if the building is not completed and an occupancy permit issued within one year of the date of the issuance of the permit, such building permit shall automatically expire and the permit fee and the proceeds of all the bonds, shall be forfeited to the Village per Section 21.524. However, if owner can show good cause for failure to start or continue operations, or inability to carry building to completion within one year, the Director of Inspection Services of the Village may reinstate such permit with further payment of an additional permit fee. Applicant shall cause permit to be obtained within thirty (30) days after written notice of application approval by the Director of Inspection Services. 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 project will 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 ~build2ing is under construction. No permit shall be granted for so-called "shell or skeleton" buildings which are hereby def'med 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 Inspection Services and must be accompanied by the following documents, namely; pl~ng~ specifications, structural calculations, plats, certificates, bonds and estimates of COsts as hereafter specified: 1. Four (4) sets of plans and specifications Shall be submitted. Upon approval one set to be left on file with the Department of Inspection Services, one other, after being properly stamped by the Director of Inspection Services, to be kept on the job 21~203 21.203 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 Inspection Services before proceeding with the work. 3. Plans and specifications must be signed and sealed by a licensed architect or structural engineer as provided in WAn Act to Provide for the Licensing of Architect and to Regulate the Practice of Architecture as a profession and to Repeal Certain Acts Therein-Named~. approved June 24, 1919, or as amended, commoniy k~lown as '~l'he 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. 4. An Illinois licensed architect or structural engineer shall certify on all sheets of the 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. $.Architectural plans shall show all of the floors, at least two (2) elevations, wall erections and necessary framing p!an~ and shall be drawn to a scale of not less than one eighth of an inch to the foot (1/8" -- 1') on paper in ink or a nonfading print of same, showing in detail any and all information on construction, ventilation and sanitary requirements, the sewage and plumbing systems as required by this Code, and all distances and dimensions, including distances from building to front, side and rear lot lines and any other details as requested by the Director of Inspection Services. 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; as well as the floor area ratio. 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 lilinois 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 21203 21~04 of sewer and water mains, the street, sidewalks, hydrants, trees, other obstructions and lot grades shall be permanently filed with the Department of Inspection Serdces. 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 the buildings, along all lot lines and within 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 .Inspection Services 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 mount of building permit fee. 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 the Municipal Code of the Village, such as, streets an sidewalks, street use, driveway, 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 Inspection Services, 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 Inspection Services shall accept or reject application for permit within twenty-two (22) working days of the filing of the applicatior~ In the event of refusing to issue a permit, the Director of Inspection Services shall give applicant the reason for such refusal in writing. C. The Director of Inspection Services shall process applications promptly, but the said Director shall not be obliged to process more than five (5) applications from any one contractor during one calendar week Tuesday through Monday. D. Any person 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 as part of the improvement to be erected; to construct public sidewalks along the front and in case of corner lots along the side of such premises that do not have good useable public sidewalks and to replace such broken and unrepairable sections of 21.204 21.205 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. 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 m Section 21.519 of this Chapter. 3. No certificate of occupancy for such premises need be granted by the Village unless and until such public sidewalk shall be constructed or repaired and found acceptable by the Engineering Division of the Village. E. Whenever an application for a permit to construct or alter a building or structure within the Village is made and the Director of Inspection Services finds that the proposed building or structure is of such value, design, material or location that it will result in a substantial impairment or destruction of value in neighboring real estate owned by the inhabitants of this Village and if it further finds that the use of the particular design, material or location proposed, or substantially similar ones, is not reasonably essential to the development of the property proposed to be built or altered, the Director of Inspection Services may refuse to issue the permit. Any appeal from such decision shall be made in accordance with Section 21.225 of this Chapter. Sec. 21.205 Demolition of Buildings A. No building or other structure shall be demolished, razed or wrecked unless a permit is first obtained therefor from the Director of Inspection Services. B. Application for a demolition permit as required in Subsection A above shall be made to the Director of Inspection Services and accompanied by the following: 1. A description of the proposed building or structure to be wrecked, its location, nature of construction, method and procedure of its proposed demolition and reason therefor. 2. A cash deposit and bond as provided for in Section 21.518 of this Code. 21~05 21~05 3. Releases from all utilities serving the premises stating that their respective services have been disconnected and terminated in a safe and approved manner. 4. Such other information as may be required by the Director of Inspection Sen, ices such as a site plan~ C. The Director of Inspection Services shall issue such demolition permit when he finds that the application and the proposed operations fully comply with all provisions of this Code, inducling the prior issuance of any other permits, such as street obstruction permits, etc. D. All demolition, razing and wrecking operations carried on under permit shall conform to the following requirements. 1. The provisions of Chapter 48, Sections 60 through 69, Illinois Revised Statutes, as amended, relating to the protection and safety of persons in and about construction and removal of buildings. 2. All provisions of this Code respecting safety procedures to be used in occupying streets and making excavations, including lighting, guard railing, temporary sidewalks and proper scaffolding. 3. Rubble causing dust so as to cause a nuisance shall be adequately sprinkled. 4. Except as to buildings no more than two (2) stories in height and wholly of wood frame construction, no more than one story at a time shall be wrecked. No wall, chimney or other construction shall be allowed to fall en masse on an upper floor. Bulky material, such as beams and columns, shall be lowered and not allowed to fall. 5. Chutes for the removal of materials and debris shall be provided in all parts of demolition operations that are more than twenty feet (20') above the point where the removal of materials 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 quipped with a gate or stop, with suitable means for closing or regulating the flow of material. 6. All pits, holes or other areas below street grade shall be filled and leveled. All 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 21.205 21.208 of Inspection Services, the requirements of Subsection B2 and D6 of this Section shall not apply. Sec. 21.206 Relocation of Buildings It shall be unlawful to move any building omo or over a public street or alley w~thout ftrst obtaining a permit from the Department of Inspection Services, for such. The application shall contain: 1. A description of the size and height of the building to be removed. 2. A description of the route to be taken upon removal to the place of relocation. 3. A description of any wiring, post, etc., as well as any other appurtenances that wil! require removal and replacement. 4. Copies of releases from public utilities. 5. Copies of permits issued by the State of Illinois Highway Division and/or Cook County Division of Highways, if applicable. B. After consideration by the Chief of Police of the Village, the Village Engineer and the Director of the Department of Public Works of the Village, if the moving of the said building appears feasible, the permit will be issued, providing that in addition to the payment of the moving permit fee, a cash bond for street obstruction shall be filed with the Director of Inspection Services. C. The permit fee for the moving of a building or structure and cash bond for street obstruction shall be as provided for in Article V of this Code. D. Buildings or structures moved from their original location to a new location within the corporate limits of the Village shall be made to comply throughout with the Building and Zoning Codes both as to construction and use. Sec. 21.207 Use of Village Water Permission shall be obtained from the Director of Public Works for water to be used for construction purposes. The fee for such water used shall be twice the Village water rate. Sec. 21.208 Use of Streets for Building Purposes A. It shall be unlawful to cause an excavation to be made in street, parkway or alley, or to occupy any portion of any street or alley for the storage of building materials intended for use in the construction or remodeling of a building or structure unless a street obstruction permit has first been obtained from the Director of Inspection 21~208 21.210 Services. The permit shall terminate upon the completion of the building. B. No such building material shall be so placed as to render inaccessible any fire hydrant, water valve, manhole or obstruct the natural water drainage of any street, nor shall more than one-half (Vz) of the width of the street immediately in front of the property be so obstructed. The extent of the use of the streets or alleys for this purpose shall be at the discretion of the Director of Public Works C. It shall be unlawful to mix mortar, concrete or any other materials upon the surface of sidewalks or street pavement. D. Any person to whom a street or alley obstruction permit is issued, shall place sufficient lighted warning lanterns and barricades as determined by the Director of Public Works clearly showing any excavation or pile of material to the public, and shall maintain such lanterns during the whole of every night for as long as the street is used for storage of any material. Such warning lanterns and barricades shall also be maintained in connection with the moving of a building. E. As determined by the Director of Public Works, any person who shall cause any excavation to be made in any street, parkway, alley or within six feet (6') of a street, sidewalk or alley, shall erect and maintain a substantial barricade railing around same and place sufficient light warning lanterns clearly showing the barricade to the public and maintain them during the whole of every night for as long as excavation exists. F. In the event that sufficient warning lanterns are not provided or properly maintained around such material, excavation or building that is being moved, the Department of Public Works will place and maintain the required lanterns, charging for this service at the rate of twenty-five dollars ($25.00) per day or any fraction thereof, This charge shall be dedl~cted from deposits as required in Section 21.512. Sec. 21.209 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 Inspection Services, as provided in Section 21.510 of this Chapter. Sec. 21.210 Elevator Permits A. It shall be unlawful to construct, install or alter any elevator in any building without first obtaining a permit from the Department of Inspection Services. 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 21.210 21.211 specifications as shall be necessary to inform the Director of Inspection Services 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 Inspectio~n Services 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 imfallation or alteration of any such equipment until a permit has been obtained and the permit fee paid. C. Permit fees for elevator installation or alteration shall be as set out in Section 21.514 of this Chapter. D. Every elevator now or hereafter in operation, together with hoistway equipment, shall be inspected by the Director of Inspection Services or his duly authorized agem twice each year. In no case shall any new equipmem be placed in operation until inspection of same has been made. It shall be the duty of every owner, agent, lessee and/or occupant of any building wherein such equipment is installed and of the person in charge or in ~ontrol 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 Inspection Services 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 Inspection Services, 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 equipmenlh 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. Sec. 21.211 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 suspended by the Director of Inspection Services. Appeal of the suspension of a permit may be made to the Village Manager pursuant to Section 21.225 of this Article. 21.212 21.214 Sec. 21.212 Compliance With Building Code and Zoning Ordinance A. It shall be unlawful to construct, erect, enlarge, remodel, alter or repair any building or structure in violation of the Building Code or Zoning Ordinance. 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 Inspection Services immediately after the installation of the foundation and footings of said building or structure, a spot survey bearing the certificate of a nlinois 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 surveyor's certificate that the same are in compliance with all Village ordinances and regulations applicable there to. 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 Inspection Services and Director of Planning. Nothing contained herein eliminates any of the requirements set forth in Section 21.214 hereof. Exception: Additions to existing single family residential buildings in which a survey was presented prior to the ~ssuance of the permit. Sec. 21.213 Zoning Restrictions The restrictions of the Zoning Ordinance 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 promsions 'of this Code shall take precedence. Sec. 21.214 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 Inspection Services for inspection in each of the following instances: 1. When ready for footing to be poured; 2. Before foundation is backfilled and drain tile is covered; 3. When sewer and/or water installation is ready; 4. When stack is installed; 21.214 21.216 5. Electrical, plumbing and framing before lath and plaster or sheet rock is installed; 6. When ready to pour basement floor; 7. When all work is completed and prior to the issuance of the certificate of occupancy pursuant to Section 212,17 hereira B. All.requests for inspections shall be requested by telephone or on blanks supplied by the Depathnent of Inspection Services. C. Whenever the contractor or builder proceeds with work without requesting an inspection as .above set forth, he shall be required to uncover all closed work to enable proper inspection of work performed and failure of contractor to procure inspection as above provided, will subject him to the penalties provided for in this Code. Sec. 21.215 Right to Enter Premises · The Director of Inspection Services and his duly authorized inspectors shall in the discharge of their official duties and upon the presentation of the proper identification, have authority to enter any building, structure or premises whether occupied, completed or in the process of construction, at any reasonable hour when such entry is necessary for the performance of any duty imposed upon the Director of Inspection Services by the provisions of this Building Code, or of any other ordinance the administration or enforcement of which is committed to the jarisdiction of the Department of Inspection Services. It shall be unlawful for any person to interfere with or hinder or prevent the Director of Inspection Services or his duly authorized inspectors from performing any of the duties imposed upon them by Article II of the Building Code, and any such person who shall so interfere, hinder or prevent the Director of Inspection Services or his duly authorized inspectors shall be fined no less than twenty-five dollars ($25.00) nor more than fine hundred dollars ($500.00). Sec. 21.216 Stop Orders In.accordance with Section 4.602 of the Municipal Code of Mount Prospect, in case of violation of any of the provisions of this Code, the Director of Inspection Services 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 Inspection Services or his duly authorized agents 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 21.216 21.217 2. The work commenced without the prior issuance of necessary permits as required in this Municipal Code. C. Stop Order Signs, when posted for cause may be removed only by the Director of Inspection Services or inspectors of the Department of Inspection Services. Removal of such sign or performing other than corrective work pursuant to such notice shall be deemed a violation of this Article and the contractor and men working in disregard of such posted notice shall be subject to the penalties imposed by this Chapter. Sec. 21.217 Certificate of Occupancy A. No building hereinafter erected, enlarged or altered, shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Director of Inspection Services certifying that such building or part thereof conforms to the provisions of the Building and Other applicable codes of the Village. B. Every application for a building permit shall be deemed to be an application for an occupancy certificate. 1. Single-Family Dwelling Building Permits. No occupancy certificate shall be issued unless and until the entire residence or residential structure or addition thereto shall have been completed; and then, such occupancy certificate shall only be issued pursuant to the ordinances of the Village. 2. Multiple-Family Dwelling Building Permits. No occupancy certificate shah be issued unless and until any apartment unit or units of such building or addition thereto, shown by the plans and specifications of the permittee as an "area", or an entire floor of the building or addition thereto shall have been completed and adequate safety measures provided pursuant to paragraph 4 below. 3. Commercial and Industrial. Building Permits. No occupancy certificate shall be issued unless and until any unit or units of such building or addition thereto, shown by the plans and specifications of the permittee as an "area" or suite to be treated as such unit, shall have been completed and adequate safety measures provided pursuant to paragraph 4 below. 4. Safety Precautions. In each instance where an occupancy certificate is requested for other than an entire building or addition to an existing building, the permittee shall have first provided and shall continue to maintain during the remaining construction to be done on said premises and until an occupancy certificate has been issued for every part of such building: 21-217 21.217 a. Fully completed ingress to and egress from the unit or units for which the occupancy certificate is sought in order not to jeopardize the life or property of the general public or any resident of such building; b. Complete and total quarantine and isolation of all areas or units in the said building for which an occupancy certificate has not been issued; c. Separate ingress to and egress from areas under construction so as to keep workmen and building materials without the completed units of such building. C. No certificate of occupancy shall be issued hereunder for the occupancy of any building constructed or altered after the enactment of these regulations unless the building has been constructed or altered in compliance with the provisions of these regulations. Upon making final inspection of any construction work for which a permit is required the Director of Inspection Services may execute a document indicating that such final inspection has been made and that he found no violation of the provisions of these regulations in connection therewith, but such document shall be in no way a certificate or statement that the work has been properly done in compliance with these regulations and shall not be considered as an assurance that the work has been so properly done. D. The Director of Inspection Services may post a notice in each building immediately upon completion of plastering or applying sheet rock that the building or part thereof is not to be occapied until an occupancy certificate has been issued. Such notice is not to be removed by anyone except the Director of Inspection Services or inspectors under his jurisdiction, and then only after final inspection indicating compliance with the applicable provisions of this Code. It shall be the duty and responsibility of the contractor to maintain said notice. The removal of such sign by anyone other than specified herein shall constitute a violation of the provisions of this Article and the comractor and every other person removing said notice shall be subject to the penalties provided herein. E. Any person who erects or constructs any house, dwelling place, business building or establLqhment, or any other type of building or establishment, or any other type of building or structure within the Village pursuant to a building permit issued by the Director of Inspection Sen, ices shall, before transferring possession to the whole or any part of such building or structure to.any other person for any uses a dwelling, business establishment, or for any other purpose, secure a certificate of occupancy from the Director of Inspection Services certifying that such building or structure conforms to all the applicable provisions and requirements of the Mount Prospect Building Code and the Mount Prospect Zoning Ordinance. F. No occupancy certificate for building or part of a building or an addition to an existing building shall be issued nor shall such building or addition he occupied until 21.21"/ 21.218 the premises have been inspected and certified by the office of the Department of Inspection Services to be in compliance with ail of the applicable performance standards of this Chapter. An occupancy certificate shall be issued, or written notice shaH be given to the applicant stating the reasons why a certificate cannot be issued, not later than seven (7) working days after the office of the Department of Inspection Services is notified in writing that the building of premises is ready for occupancy. G. Nothing in this Section shall be construed so as to be ih conflict with or as to allow waiver of full compliance with ail of the ordinances of the Village. Sec. 21.218 Existing Buildings A. Nothing in this Code shall require the removai, aiteration or abandonment of, nor prevem the continuance of the use and occupancy of a lawfully existing building, except as may be necessary for the safety of heaith, life and/or property. Upon written request from the owner, the Director of Inspection Services, after verification by inspection that the 'building complies with the provisions of this Code and Zoning Ordinance, 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 Inspection Services finds upon inspection that such building conforms substantially to the provisions of this Building Code and the Director of Planning 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 of restoration work does not exceed one-half of the estimated fair value of the building or the structure proposed to be restored shah 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 conditioa D. Any building or structure, or portion thereof, damaged by reason of decay, fire, or other cause, more than one-half of the estimated vaiue aforesaid shall, when restored, be made to comply throughout with the provisions of the Building and Zoning Ordinance. E. When any building or portion thereof has suffered damage by reason of decay, fire or otherwise to a structurai condition which renders said building unsafe; and the owner does not take immediate action to eliminate the dangerous condition, the Director of Inspection Services shall instruct the Department of Public Works to brace, wreck or otherwise eliminate the said dangerous condition. The cost of such 21.218 21.222 work shall be paid by owner. F. The estimated value referred to in this Section shall be determined by the Director of Inspection Services. Sec.21.219 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 Inspection Services has served a notice on the owner of the property to remedy the condition and he fails to take the necessary action within ten (lO) days after notice to correct the nuisance, the Village will pursue remedies under this code and law. Sec. 21.220 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 sarfitary sewers meeting Village specifications is provided to serve said lot or parcel of land. Sec. 21.221 Sidewalks A. No public sidewalk shall be obstructed in the course of building operations without a special permit from the Director of Inspection Services, and whenever a removal of a public sidewalk is required such work shall not be done until a permit is secured from the Director of Inspection Services. B. Any person making application for a building permit shall, at the time of making application and in consideration of the issuance of such permit by the Village, agree to install public sidewalks in conformance with Section 21.204D of this Code. C. Sidewalk construction shall conform with the sidewalk construction specifications of Chapter 16, Article IV - Section 16.403A9 of the Village Code. Sec. 2;1.222Trees 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, agrees to pay for installation of trees in the public right-of-way in conformance with Chapter 16, Article IV, Section 16.408 of the Village Code. The applicant shall post with the Village Director of Finance, a cash deposit in an amoum equal to the number of trees required multiplied by the amount charged by the Village to cover the cost of such trees. The amount charged for trees is established from time to tune by the Village Manager. 21223 21~25 Sec. 21.223 Night Construction No construction or alteration operations shall be carried on within the Village between the hours of seven o'clock (7:00) P.M. and eight o'clock (8:00) A.M., provided, however, if said construction or alteration site is located two hundred fifty feet (250') or more from a residential dwelling unit, the hours prohibiting said construction or alteration operations shall be between the hours of seven o'clock {7:00) P.M. and seven o'clock (7:00)A.M. Any appeal from this restriction shall be made to Village Manager. Sec. 21.224 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 Inspection Services, the decision of the Director of lnapection Services 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 Inspection Services, so as to determine the facts, provided, however, that the cost of such services shall be borne by such owner or permittee. Sec. 21.225 Appeals Any person shall have the rights to appeal to the Village Manager a decision of the code official concerning the interpretion of this code or to request a modification of the code. Any application for appeal to the Village Manager shall be based on a claim that the wile intern of the code or the rules legally adopted' thereunder have been incorrectly interpreted or the provisions of the code do not fully apply. · ARTICLE III ARCHITECTURAL DESIGN SECTION: 21.301. Design Standards 21.302 Architectural Approval '21.303 Repetition of Design 21.304 Exterior Materials 21.305 Sound Insulation Requirements Sec. 21.301 Design Standards All new construction of buildings and all alterations, modifications and improvements to existing buildings shall be an archi- tectural design, not manifestly inferior, nor incompatible with existing buildings in the neighborhood (including buildings under construction). Such design shall: A. Not cause a substantial depredation of property values to such ex/sting buildings in the neighborhood; B. Not impair the marketability of neighboring properties. C. Preserve the taxable value of property within the Village; D. Not cause or contribute to a deter/oration of the health, sanitation, safety and public welfare of such neighborhood brought about by poor planuing, indiscriminate and unregulated construction or inferior and unsuitable buildings. Sec. 21.302 Architectural Approval No building permit required under the provisions of Article H shall be issued unless the provisions of this Article I~ are satisfied. See. 21.303 Repetition of Design A. It shall be unlawful for any contractor or builder to comtruct residential buildings of the same front exterior design on more than twenty percent (20%) of the lots on the same side of the street of any one block. In computing the twenty percent (20%) requirement referred to in the first sentence of subsection A, any part of a fraction shallbe dropped. B. Buildings with the same front exterior design may not be constructed adjacent to each other on the mine side of the street or across the street from each other where the overlap of frontage is greater than twenty-five percent (25%). 21.303 21~05 B) 1. Change in front exterior design shall mean a change of the roof line elevations or set back variation in the front design of the building. 2. The addition of an attached garage shall be considered as a front exterior design change. 3. Changes in windows, doors, shutters or color of brick or palm shall not be considered a front exterior design change. 4. Reversal of plans shall not be considered front exterior design change. C) Corner lots shall be considered as fronting on the street on which the minimum thirty foot (30') set back is established. Sec. 21.304 Exterior Materials A. Free standing buildings and buildings fronting on more than one street shall have the same material or architecturally harmonious materials used on all exterior walls. Buildings partially free-standing shall have the same material or architecturally harmonious materials used on all exposed portions of all exterior walls. Nothing herein contained shall be held to require the use of more than one material on any wall unless more than one material is used for other exposed walls. B. All single and multiple family dwellings of brick construction shall be faced with pressed face brick on all four (4) sides. Common brick may be used for specific architectural effect upon approval by the Director of Inspection Services. Sec. 21.305 Sound Insulation Requirements Sound insulation conforming with the minimum standards established herein shall be provided in any building or portion of a building that is dr shall be used on a permanent or temporary basis for residential purposes with the exception of a detached single family dwelling. A. Definitions. For the purpose of this Section, the definitions set forth herein are hereby adopted. I. Airborne sound shall mean sound transmitted in the air to or against a separation, but shall not mean sound created by the impact of an object against a separation. 2. Impact sound shall mean sound or vibration through an assembly caused by the striking of the wall or floor with a heavy object. 3. Dwelling unit shall include any building or portion of a building that is or will be Used on a permanent or temporary bas'is for residential purposes, but shall not include a single family detached dwelling. 21.305 21.305 4. Separation shall mean a wall, ceiling or floor assembly which is common to separate dwelling units or portions of separate dwelling units or a wall or floor which is common to any habitable room or garage. 5. STC shall mean sound transmission class. 6. FSTC shall mean field sound transmission class. 7. IIC shall mean impact insulation control B. Reduction of Sound Transmission Separations shall be capable of reducing the trnn.~rni~sion of airborne sound, measured in decibels, between the rooms of separate dwelling units and between habitable rooms and garages as follows: 1. Wall partitions between dwelling units shall meet the criteria set forth in the following table for the acoustic environment grade of the particular area involved. Where the partition between dwelling units is common to several functional spaces, the partition shall meet the highest criterion value. Criteria for Airborne Sound Insulation of Wall Partitions Between Dwelling Units Partition Function Between Dwellings Apt. A Apt. B STC FSTC Bedroom to Bedroom 52 48 Living Room to Bedroom 54 50 Kitchen m Bedroom 55 52 Bathroom to Bedroom 56 52 Corridor to Bedroom 52 48 Living Room to ~ Living Room 52 48 Kitchen to Living Room 52 48 Bathroom to Living Room 54 50 Corridor to Living Room 52 48 Kitchen to Kitchen 50 46 Bathroom to Kitchen 52 48 Corridor to Kitchen 52 48 Bathroom to Bathroom 50 46 Corridor to Bathroom 48 46 2. Floor-ceiling assemblies between dwelling units shall meet the criteria for both airborne and impact sound insulation criteria set forth in the following table for the acoustic environment grade of the particular area involved. 21.305 21.305 Criteria for Airborne and Impact Sound Insulation of Floor-Ceiling Assemblies Between Dwelling Units Partition Function Between Dwellings Apt. A Apt. B STC FSTC IIC Bedroom above Bedroom 52 48 52 Living Room above Bedroom 54 50 57 Kitchen above Bedroom 55 52 62 Family Room above Bedroom 56 52 62 · Corridor above Bedroom 52 48 62 Bedroom above Living Room 54 50 52 Living Room above Living Room 52 48 52 Kitchen above Living Room 52 48 57 Family Room above Living Room 54 52 60 Corridor above Living Room 52 48 57 Bedroom above Kitchen 55 52 50 Living Room above Kitchen 52 48 52 Kitchen above Kitchen 50 46 52 Bathroom above Kitchen 52 48 52 Family Room above Kitchen 52 48 58 Corridor above Kitchen 48 46 52 Bedroom above Family Room 56 52 48 Living Room above Family Room 54 52 50 Kitchen above Family Room 52 48 52 Bathroom above Bathroom 50 48 50 Corridor above Corridor 48 46 48 3. Floor coverings may be included in the floor-ceiling assembly to obtain the ratings set forth i~ Subsection 2 above. Floor coverings so used must be retained as a permanem part of the assembly and may only be replaced by other floor coverings having equivalent noise reduction characteristics. C. Minimum Standards. It is intended that the standards set forth in this Article are to be as minimal and no reduction thereto shall be permitted. D, Field Testing 1. All field testing of airborne and impact sound shall be done at the owner's or operators expense under the supervision of a registered or degree accredited, professional engineer experienced in the field of acoustical testing and engineering. Z Field airborne sound transmission test procedures shall be conducted in 21.305 21.305 accordance with applicable portions of ASTM E336, measurement of airborne sound insulations in buildln~s. 3. Field impact sound transmi~ion test procedures shall be conducted in accordance with applicable portions of ISO Recommendation R-140-1960 (E). 4. Field tests need not be made on separations ~when, as determined by the Depa~haent of Inspection Sen~ices, such separations are constructed in exactly the same manner using all and only the materials and methods as other sim|Iai' separations which have been tested and found to be in compliance with the provisions of this Article. S. Field tests need not be performed on separations when the components thereof have been certi~ed at required levels by laboratory tests. 6. Tests may be required by the Department of Inspection Services when evidence of compromised separations is noted. E. Appeals from the decision of the Director of Inspection Services. 1. Appeals from the decision of the Director of Inspection Services shall be made to the Village Manager within seven (7) business days of the date of said decision. a. An appeal from the decision of the Director of Inspection Services shall be made in writing to the Village Manager stating the particular requirements that are in contention: b. Said appeal shall specify the grounds for said appeal; c. Said appeal shall include the type of relief sought by the appellant; d. The decision of the Village Manager shall be final. ART~C~ IV GRADE REGULATIONS SECTION: 21.401 General Lot Grade Maximum~ 21.402 Foundations Grades and Rules 21.403 Subdivision Grade Plans 21.404 Conformity With Lot Grading Plan 21.405 -Compliance Required Prior to Occupancy Permit 21.406 Altering Grade Levels See. 21.401 General Lot Grade Maximums & ~inimlllns Gr~ding shall be completed on each lot such that the overland water flow is directed away from all sides of the foundation. Unless otherwise approved by the Village Engineer all lot grades shall be a min|ro~m of two percent (2%) and a maximum of ten percent (10%). If steeper slopes are approved, sodding, retaining walls or other special treatments may be required to protect the slopes. Sec. 12.402 Foundation Elevations and Rules A. All foundation elevations shall be established in such a n~anner as to achieve the free, natural and unobstructed flow of surface water. B. The Director of Inspection Services shall from time to time promulgate detailed rules, not inconsistent with this Article, for the purpose of determlnino~ foundation elevations. Such rules shall become effective by filing same in the or, ce of the Village Clerk and shall then have the force and effect of an ordinance of the Village. C. Every application for a bui]dins 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. D. The foundation elevation shall be eight inches (8") above finish grade. Side service walks and drives are to be a rnlnirnmTI Of six inches (6") below top of foundation. Sec.21.403 Subdivision Grade Plans The provisions of Sections 21.401 and 21.402 shall be supplemental to the requirements of the Zonino~ Ordinance respecting any subdivision approved pursuant to the provisions of said Ordinance. No building permit shall be issued by the Director of ln.~pection Services unless he has on ~e an approved lot grading plan for such subdivision. 21.404 21.406 Sec. 21.404 Conformity With Lot Grading Plan Every building constructed in a location for which a lot grading plan is on file, pursuant to the provisions of Section 21.403, shall conform to said lot grading plan. See. 21.405 CompUance Required Prior to Occupancy Permit No occupancy permit or other indication of approval of new construction shall be issued or given by the Director of Inspection Services unless and until all grade requirements set forth in this Article have been met. See. 21.406 Altering Grade Levels No grades wJthln the Village shall be disturbed or otherwise altered except as allowed pursuant to a permit issued by the Director of In.~pection Services. ARTICLE V FEES, BONDS AND DEPOSITS SECTION: 21,501. Basis of Building Permit 21.502. Fees for Permits 21.503. Building Permits 21.504. Electrical Permits 21.505. Plumbing Permits 21.506. Gas Piping Permits 21.507. Air Conditioning and Refrigeration Permits 21.508. Mechanical Equipment Installation Permits 21.509. Sewer Permit 21.510. Street Obstruction Permit 21.511. Surety Bonds 21.512. Restoration Deposit 21.513. Water Meter Rental Fees and Construction Water Use Fees 21.514. Elevator, Escalator and Dumbwaiter Permit and Inspection Fees 21.515. Plan Examination 21.516. Gasoline Storage Tank Permits 21.517. Reinspection Fees 21.518. Demolitioh and Moving of ,Buildings; Fees and Bonds 21.519. Sidewalk Deposit 21.520. Certificate of Occupancy 21.521. Fence Permits 21.522. Parkway Tree Fees 21.523. Driveway Permits 21.524. Refund of Deposits Sec. 21.501. 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 Inspection Services as follows: A. The Director of Inspection Services 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 Inspection Services. Sec. 21.502. Fees For Permits. The permit fees to be charged for permits authorized and required by the Municipal Code shall be paid to the Village and shall be as provided in the following subsections. BUILDING CODE 21.503 21.504 Sec. 21.503. Building Permit. The minimum fee for any permit to alter, construct, enlarge, erect, lower, raise, repair or underpin any building, structure or part thereof as required by this Chapter, shall be twenty five dollars ($25.00), provided that the cost of the work authorized by said permit does not exceed one thousand dollars ($1,000.00). When the cost of any such work $25.00 for the first $1,000 exceeds $1,000.00, the fee shall of cost, plus $6.00 for be computed at the rate of each additional $1,000 of cost or fraction thereof. Sec. 21.504. Electrical Permits. The permit fee to be charged for electrical installation and alteration shall be as follows: A. Minimum permit fee shall be twenty five dollars ($25.00). B. For the inspection dr original installation of a one or two family dwelling, the fee shall be: 0 to 1,O00 sq. ft. $30.00 1,OO1 to 1,599 sq. ft. 35.00 1,600 to 2,399 sq. ft. 40.00 2.400 to 2,999 sq. ft. 45.00 3,000 sq. ft. and over 50.00 In addition to the foregoing, an electrical service fee shall paid in accordance with schedule for new service fees, and a charge of ten dollars ($10.00) for power-consuming devices such as, but not limited to a/c units, heat pumps and solar devices. C. Conversions of single-family residences, such as garages, recreation rooms, dormers, etc., the permit fee shall be computed as: Minimum fees, twenty five dollars ($25.00}, with a maximum of two {2) circuits. For more than two {2) circuits, consult the circuit fee schedule. D. Commercial and industrial remodeling: Minimum fee plus fee from circuit schedule and fee from service schedule. E. The fee for the inspection of electric motors or power-consuming devices of 1/2 h.p. or more other than lighting circuits: Base fee for each motor $6.00 Plus each horsepower or kilowatt over 1/2 .50 {Each kilowatt of electrical power shall be considereo 1 h.o. for fee purposes) BUILDING CODE 21.504 Circuit Count Schedule: Circuits 2 and 3 Wire Circuit 1 5.00 2 lO.O0 3 15.00 4 20.00 5 25.D0 6 30.00 7 35.00 8 40.00 9 45.00 10 50.00 11 54.00 12 58.00 13 62.00 14 66.00 15 70.00 16 74.00 17 78.00 18 82.00 19 86.00 20 90.00 21 94.00 22 98.00 23 102.00 24 106.00 25 llO.O0 26 50 inclusive 3.50 each additional 51 75 inclusive 3.25 each additional over 75 3.00 each additional the inspection of a four (4) wire circuit, the fee shall be three (3) times the amount of a two (2) wire circuit. fees for examination of plans when plans are submitted that not in conjunction with construction or plumbing shall be twenty five dollars ($25.00). the inspection for new services the fees shall be as follows: 60 ampere service one meter $10.00 each additional meter 5.00 lO0 ampere service one meter 15.00 each additional meter 5.00 200 ampere service one meter 20.00 eacn additional meter 5.00 400 ampere service one meter $25.00 each additional meter 5.00 600 ampere service one meter 30.00 each additional meter 5.00 BUILDING CODE 21.504 21.504 I) 800 ampere service one meter 35.00 each additional meter 5.00 lO00 ampere service one meter 40.00 each additional meter 5.00 1200 ampere service one meter 45.00 each additional meter 5.00 1400 ampere service one meter 50.00 each ~dditional meter 5.00 1600 ampere service one meter 55.00 each additional meter 5.00 1800 ampere service one meter 60.00 each additional meter 5.00 2000 ampere serwce one meter 65.00 each additional meter 5.00 3000 ampere serwce one meter 85.00 each additional meter 5.00 4000 ampere service one meter llO.O0 each additional meter 5.00 5000 ampere service one meter 135.00 each additional meter 5.00 6000 ampere serwce one meter 160.00 each additional meter 5.00 7000 ampere serwce one meter 185.00 each additional meter 5.00 8000 ampere service one meter 210.00 each additional meter 5.00 9000 ampere service one meter 235.00 each additional meter 5.00 10,000 ampere serwce one meter 260.00 each additional meter 5.00 For service ampere ratings other than those listed, the fee is to be that provided for the next larger size as established by subsection I. J. When inspections are called for and .re-inspection is required, a re-inspection fee of twenty, five dollars ($25.00) will be deducted from bond or deposit fees. K. For feeders installed or increased in amperage and additional subpanels, installations for commercial and industrial occupancies only as a. separate installation: one feeder $25.00 Sec. 21.505. Plumbing Permits. The fee for the installation, alteration or extension of a plumbing systsem shall be: A. Minimum permit fee shall be twenty five dollars ($25.00). B. Replacement or installation of new fixtUres shall be twenty five dollars ($25.00) plus five dollars ($5.00) per fixture. BUILDING CODE 21.505 21.505 C. Alternations of a plumbing system shall be twenty five dollars ($25.00) plus five dollars ($5.00) for each fixture replaced or installed. D. Water Connection Tap-On Fee. The "water connection tap-on fee" shall be based upon the size of the water tap made into the water system. The schedule of taps and charges shall be as follows: Size of Tap Charges 1 " ..$ 300.00 l-l/2" ...................... 375.D0 2 ". ..................... 450.00 3 " 900.00 4 " 1 500 O0 6 " 2,250.00 8 " 3 000 O0 10 " 3 750 O0 In the event any building or premises contains more than one dwelling or commercial unit, an additional permit fee of one hundred fifty dollars ($150.00) shall be made for each such multiple unit. All applicants for water service shall provide and pay the costs of construction, both labor and material, of the water service from the main to the premises to be served. This construction work in connection with the water service shall be performed by a licensed plumber who has a properly executed bond on file in the office of the Village Clerk. The water meter shall be furnished by the Village and a charge made to cover the cost of such meter. For the connection charge, the Village will inspect the water service to determine that the construction thereof is in accordance with specifications established by the Village for the regulation of the water and sewer system. E. A chlorination fee of forty dollars ($40.00) shall be assessed for each water main and fire main system. F. In each instance above where the said permit is issued for water connections lying outside the corporate limits of the Village, said permit shall be two hundred percent (200%) of the water tap-on fee listed hereinabove in order to cover the additional costs and inspections thereof. G. As a further condition of the issuance of a permit, the individual or firm connecting to the water system shall provide a-performance bond, payable to the Village, to cover the full cost of all water system improvements. 1. The amount of such performance bond shall be ten percent (10%) of the construction cost of the improvement. BUILDING CODE 21. 505 21. 508 G) 2. Said performance bona shall be effective for a period of two (2) years following the project's acceptance by the Village Engineer, during which time the permittee shall be responsible for the maintenance of the improvements installed under the permit. 3. The performance bond shall also indemnify the Village from any costs, charges, expenses, loss or damage that may arise directly or indirectly out of the installation, construction or failure to maintain or repair the water main. Sec. 21.506. Gas Piping Permits. The fee for permits for the installation of gas piping shall be computed on the basis of ten dollars {$10.00) per inch {I.D.) plus an additional five dollars {$5.00) on each twenty five (25) lineal feet or fraction thereof. Sec. 21.507. Air Conditioning and Refrigeration Permits. The fee for air conditioning and refrigeration permits shall be ten dollars {$10.00) plus three dollars {$3.00) per ton or fraction thereof for the first twenty (20) tons. When the air conditioning or refrigeration system exceeds twenty (20) tons, the fee to be charged for the additional tons shall be computed at the rate of one dollar ($1.00) per ton or fraction thereof. Sec. 21.508. Mechanical Equil~ent Installation Permits. A. Mechanical equipment permit fees other than air conditioning, refrigeration, combustion, elevators and fire protection systems shall be computed at the rate of twenty five dollars ($25.00) for the first one thousand dollars {$1,000.00) of valuation, plus six dollars ($6.00) fort each additional one thousand dollars ($1,000.00) of cost or fraction thereof. B. Fire protection system fees shall be as follows: 1. Automatic sprinkler systems: $50.00 for each system Plus: 25.00 up to 100 heads Plus: lO.O0 for every 100 additional heads or fraction thereof 25.00 for partial system on the domestic water system BUILDING CODE 21.508 21.509 B) 2. Standpipes: $25.00 for each standpipe system 3. Fire pumps: $30.00 for each pump, regardless of size EXCEPTION: Jockey Pumps 4. Fire alarm system: $50.00 for any system {manual or automatic) 5. Additions to existing fire protection system: $25.00 for each alteration Plus: 25.00 for 5 to 100 heads Plus: 10.DO for every 100 additional heads or fraction thereof Plus: Fire pump charge if an additional pump is included or original pump is increased in size 6. Miscellaneous fire suppression systems: $25.00 for each system Plus': 6.00 per $1,000.00 of valuation. Sec. 21.509. Sewer Permit. The fee for the installation, alteration or extension of a sewer system shall be: A. Sewer Connection Tap-On Fee. The "sewer connection tap-on fee" shall be one hundred fifty dollars ($150.00) for each separate building connection which contains not more than ten (10) water outlets or floor drains discharging to the sanitary sewer system. For each additional water outlet or floor drain contained in said premises in excess of ten (10) outlets there shall be an additional sewer connection tap-on fee for said connection of twenty five dollars ($25.00) per water outlet or floor drain. In the event any building or premises contains more than one dwelling unit or commercial unit, an additional permit fee of one hundred fifty dollars ($150.00) shall be made for each such multiple unit. B. The applicant for sewer service shall, in all cases, pay for all costs of labor and materials required for installing the sewer service from the respective mains to the premises to be served. The construction work in connection with the sewer service shall be performed by a licensed plumber who has a properly executed bond on file in the ~ffice of the Village Clerk. For the connection charge, the Village will inspect the sewer service to determine that the construction thereof is in accordance with specifications established by the Village for the Kegulation of the water and sewer system. ~ BUILDING CODE v- 21.509 21.509 C. An additional fee for plan review and final inspection will be required for all projects involving the extension of an existing sanitary or storm sewer. This fee shall be based upon the following percentages of the estimated construction cost of the sewe[ extension (exclusive of services to the proposed building). 1. Two percent (2.0%) of the construction cost of the improvements when such cost is fifty thousand dollars ($50,000.00) or less. 2. One an~ five-tenths percent (1.5%) of the construction cost of the improvements when such cost is over fifty thousand dollars ($50,000.00). D. In each instance above where the said permit is issued for sewer connections lying outside the corporate limits of the Village, said permit shall be two hundred percent (200%) of such fee listed qereinabove in order to cover the additional costs and inspections thereof. E. As a further conditio~ of the issuance of a permit, the individual or firm connecting to the sewer system shall provide a performance bond, payable to the Village, to cover the full cost of all sanitary sewage system improvements. l. The amount of such performance bond shall be based upon an estimate of cost approved .by the Village Engineer. 2. Said performance bond shall be effective for a period of two (2) years following the project's acceptance by the Village Engineer, during which time the permittee shall be responsible for the maintenance of the improvements installed under the permit. 3. The performance bond shall also indemnify the Village from any costs, charges, expenses, loss or damage that may arise directly or indirectly out of the installation, construction or failure to maintain or repair the sanitary sewer so installed. F. A fee shall be paid to the Village for each lineal foot of storm, sanitary or combined sewer installed to help defray the costs of televising said sewers, as provided in Sections 16.604 of Chapter 16 of this Village Code. BUILDING CODE 21.510 21.511 Sec. 21.510. Street Obstruction Permit. No street, alley, parkway or public property shall be obstructed without a special permit first having been secured from the Director of Inspection Services. A. A fee for such street, alley or parkway obstruction permit shall be fifteen dollars {$15.00) per month or part thereof for each twenty five feet (25') or fractional part thereof of frontage so occupied. The minimum deposit shall be fifty dollars ($50.00). B. Upon the discontinuance of the use of such street, alley or parkway, the amount due for the special obstruction permit shall be deducted from the deposit and the difference returned. The validity of such permit shall not exceed ninety (90) days after the date of issuance of same. D. Said permit may be renewed for an additional thirty (30) days with the approval of the Director of Inspection Services, and in such event the applicant shall pay an aduitional fee of twenty five dollars ($25.00) per twenty five feet (25') or fractional part thereof of frontage so occupied per month or fraction thereof. E. The permit fee for the opening of a street, sidewalk or alley for the purpose of making connections to the sewer, water, gas or electric piping shall be fifty dollars ($50.00). Sec. 21.511. Surety Bond. No permit shall be issued until the applicant sha)l have executed and filed with the Director of Inspection Services a Surety Bond in the penal sum of ten thousand dollars ($10,000.00) with a responsible surety company as surety thereon. Said bond to be approved as to for~ by the Village Attorney. Said bond to indemnify the Village and its officials for the full time period of time provided by the statute of limitations of the State of Illinois from any and all loss, costs, expense or liability of any kind or nature whatsoever, which said Village or its' officials may suffer or be put to, or which may be recovered from it or them by reason of the issuance of such permit. BUILDING CODE 21.512 21.513 21.512. Restoration Deposit. No permit shall be issued until the applicant has deposited with the Village Treasurer the sum of five hundred dollars ($500.00) to guarantee the replacement or repair of broken or damaged sidewalks, curbs, gutters and streets, restoring the public property and for the removal of dirt and litter from public streets abutting the premises involved, except that if the improvements to be made is ~a single-room addition or a detached garage, such sum shall not exceed one hundred dollars ($100.00). However, the applicant shall not be required to have on deposit, at any one time, with the Village Treasurer, any sum in excess of two thousand dollars ($2,000.00) for this purpose, regardless of the number of permits issued to the applicant. Upon final approval of the project, the permittee shall apply for a refund of the remaining balance of said deposit. If final inspections have not been reouested, completed and the project approved at the time the permit expires, all deposits shall be forfeited to the Village and new deposits shall be required with new permits. Sec. 21.513. Water Meter Rental Fees and Construction Water Use Fees. A. Fees shall be charged for the rental of water meters according to the following schedule: 1. The charge for connecting a five-eights inch (5/8") to and including a one and one-half inch (1-1/2")orifice size disc water meter, including a flat rental fee and charge for ordinary maintenance and repair for the life thereof, shall be the current cost of the meter at the time of its purchase, plus eighty five percent {85%) of the said cost figured to the closest Jollar. 2. The charge for connecting a two inch {2") orifice size or larger turbine, compound of line meter shall be the current cost of the meter at the time of its purchase, plus thirty percent {30%) of the said cost figured to the closest dollar as well as a flat rental fee plus the cost and expense of necessary maintenance and repairs made by the Village of Mount Prospect during the life of the said meter, which later charges for maintenance shall be billed to the customer when incurred. B. Construction Water Use Fee: For all construction, a deposit of one hundred dollars {$100.00) shall be paid for the use of.a construction water meter and water used will be billed by the Director of Finance in accordance with the normal water rates in effect at the time of use. It shall be unlawful for the user to install said construction water meter on any fire hydrant. It will, therefore, be the user's responsibility to supply the necessary tap and/or pipe work for this construction water meter. BULDING DIVISION 21.514 21.515 Sec. 21.514. Elevator, Escalator and Dumbwaiter Permit and Inspection Fees. A. Permit fees for elevator, escalator and dumbwaiter installation or alteration shall be as follows: 1. For each elevator servicing a building up to and including three (3} floors the fee shall be fifty dollars {$50.00). 2. Each additional floor in excess of three (3) floors, ten dollars {$10.00) per floor. B. Semi-annual inspection fees of each elevator, escalator and dumbwaiter shall be thirty-five dollars {$35.00). Sec. 21.515. Plan Examination. The fee for olan examination shall be payable upon receipt of the plans submitted for review and shall be as follows: A. For single-family homes, thirty dollars ($30.00). B. For garages, normal accessory buildings for single-family homes, and miscellaneous plans, twenty dollars ($20.00). C. For all other alterations, construction or repair of buildings and structures, the following system shall apply: The fee for plan examimation is related to the complexities of the work involved. The fee is based on: 1. The size of the building {Base Fee). 2. The type of construction {Base Fee Multiplier). 3. The use group {Base Fee Multiplier). 4. The type of mecha6ical plans (Mechanical Plans Multiplier) included in the submittal. The quotation is as follows: Plan Exam Fee = (Base Fee) X {Base Fee. Multiplier) X {Mechanical Plans Multiplier) Example: Use Group C {mercantile) Floor area 5,000 square feet Height - 2 stories, 20 feet Type II-C construction Plans include building, mechanical and plumbing The volume of the building is 5,~00 square feet X 20 feet = lOO,OOO cubic feet The base fee is $200.00 The base fee multiplier is 0.9 The mechanical plans multiplier is 1.40 Plan Exam Fee = 200.00 X 0.9 X 1.40 = $252.00 BUILDING CODE 21.515 21.515 C,4) Base Fee Buildin9 Volume (cubic feet) Plan Exam Base Fe~ 0 to 20,000 $ 70.00 20,000 to 40~000 90.00 40,000 to 80,000 145.00 80,000 to 150,000 200.00 150,000 to 200,000 235.00 Over 200,000 235.00 Plus: 2.35 per each lO,O00 cubic feet over 200,000 cubic feet Type of Construction Use Group I II IIC III IIIC IV A Hazardous B Storage D Industrial 1.1 1.O 0.8 0.9 0.8 0.8 C Mercantile 1.2 1.1 0.9 1.0 0.9 0.9 E Business F Assembly 1.5 1.4 1.1 1.2 1.1 1.O H Institutional 2.1 2.0 1.7 1.8 1.7 1.6 L Residential 1.4 1.3 1.1 1.2 1.1 1.0 Mechanical Plans Multiple Plans Submitted Multiplier Mechanical 1.25 Plumbing 1.15 Electrical 1.10 Mechanical & Plumbing 1.40 Mechanical & Electrical 1.35 Plumbing & Electrical 1.25 Mechanical, Plumbing & 1.50 Electrical To calculate plan review fee: Fee : Base Fee X Base Fee Multiplier X Mechanical Plans Multiplier. D. A preliminary plan review fee shall be 0.50 times the regular fee. BUILDING CODE 21.515 21.518 E. AutomaTic sprinkler/standpipe systems - $50.00. ~ F. In all instances where the plans submitted for review are requiredto be examined by the Health Division for compliance with rules, regulations and specifications under its jurisdiction, there shall be additional fees charged as follows: Plan review- multiple family use ...... ..................$20.00 Plan review - restaurant and food store uses .............. 35.00 Plan review - all other uses ........................... · .. 25.00 Plan comPliance inspection fee ..... 40.00 Sec..21.516. Gasoline Storage Tank Permits. The permit fee to install a gasoline storage tank shall be one hundred twenty five dollars ($125.00). Sec. 21.517. Reinspection Fees. Where a reinspection is required to determin.e compliance with the related codes, a reinspection fee shall be paid. Reinspection fees shall be computed on the basis of ten percent (10%) of the original installation fee with a minimum of ten dollars ($10.00) and a maximum of twenty five dollars ($25.00). Sec. 21.518. Demolition and Hoving of Buildings; Fees and Bonds. No building or other structure shall be demolished, razed or wrecked unless permits fees and bonds are submitted to the Village as follows: A. A cash deposit in the sum of five hundred dollars ($500.00) to assure the filling in of any below-grade areas and completion of the proposed demolition. B. A bond with good and sufficient sureties, acceptable to the Village Attorney, indemnifying, keeping and saving harmless the Village against any loss, cost, damage, expense, judgment or liability of any kind whatsoever which the Village may suffer, or which may accrue against, be charged to or be recovered from the Village, or any of its officials, from or by reason or on account of accidents to persons, or property during any such demolition, or wrecking operations, and from or by reason or on account of anything done under or by virtue of any permit granted for any such demolition, razing, or wrecking operations. Such bond shall be in the penal sum of twenty thousand dollars ($20,000.00) for structures not exceeding three (3) stories in height and forty thousand dollars ($40,000.00) for structures of four (4) or more stories. BUILDING CODE 21.518 21.523 C. A permit fee of one hundred dollars ($100.00) shall be paid for all demolition, unless of a minimum nature as specified in Section 21.518.D. In addition, a fixed fee is to be computed at a rate of ten dollars ($10.00) for each ten feet (10') of height of such building or structure above ten feet (10') in height. D. A permit fee of twenty five dollars ($25.00) shall be paid for all minor demolition, including interior remodeling, rehabilitation and other related minor work prior to construction. E. A permit fee of two hundred dollars ($200.00) shall be paid for moving a building. Sec. 21.51g. Sidewalk Deposit. In addition to the foregoing provisions, each applicant shall, at the time of making application for such building permit, deposit with the Village Treasurer the sum of twelve dollars {$12.00) for each lineal foot of frontage of the lot for which a permit is sought, and if a corner lot, the additional sum of five dollars ($5.00) for each lineal foot of such frontage on the side street. Said deposit shall be returned to the applicant after the sidewalk has been constructed and accepted by the Village; provided, however, that if such sidewalk is not construction within one year from the date of such permit, the Village shall then be authorized to construct such sidewalk and pay for such construction out of the deposit made under the provisions of this Article. Sec. 21.520. Certificate of Occupancy. The fee for a final certificate of occupancy for residential buildings shall be ten dollars ($10.00) for each dwelling unit. The fee to be charged for all other uses shall be thirty dollars ($30.00). Sec. 21.521. Fence Permits. The fee to construct, alter or ePect a fence shall be eight dollars ($8.00). Sec. 21.522. Parkway Tree Fees. Each applicant shall, at the time of making application for such building permit, pay to the Village Treasurer, a fee for each parkway tree required at a 4 ~ ' forty foot ( 0 ) spacing along the lot for which a permit is sought. The fee will be based on current market value and determined by the Village Manager. The Village shall use such funds to plan parkway tree(s) as required by Article IV of Chapter 16. Sec. 21.523. Driveway Permits. The permit fee for a driveway will be fifteen dollars ($15.00). BUILDING CODE 21.524 21.524 Sec. 2].524. Refund of Deposits. A. Upon final approval by the Village of each project and upon conclusion of each guarantee period the Director of Insoection Services 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 Inspection Services. B. If an application for a refund of any deposit balance is not received by the Director of Insoection Services 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. ARTICLE VI FENCES SECTION: 21.601 Height and Location 21.602 Construction 21.603 Nuisance Abatement 21.604 Issuance of Permits 21.605 Variation Sec. 21.601 Height and Location A. Fences not more than five feet (5') in height will be permitted in the Village as follows: 1. Along the interior or rear lot lines and entirely behind the front building line. 2. Any fence located along a public right-of-way shall be set back a mLrfimum of one foot (1') from the right-of-way line. $. On comer lots, any fence shall be placed entirely behind the rear building line along the side street. B. Fences at least four feet six inches (4'6"), but not greater than five feet (5') in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet six inches (4'6") above grade and may be placed as follows: 1. Along the perimeter of the pool walk areas; or 2. Along the perimeter of the lot as described in Subsection A1 and 2 herein. C. In residential districts as defined by Chapter 14 entitled "Zoning" of this code, fences not more than six feet (6') in height will be permitted in the Village as follows: 1. If placed no nearer to property lines than a building is permitted under the zoning regulations of said Chapter 14, and provided that a twenty-five foot (25') set back is maintained from the rear lot line; 2. If placed along the rear or exterior side lot line when such rear or exterior side lot line abuts an arterial road as defined by the comprehensive plan of the Village and provided that one foot (1') set back is maintained from the road right-of-way line. On a comer lot, any fence shall be placed entirely behind the rear building line along the side street. 21.601 21.602 D. In a residential district, patio screening not to exceed six feet (6') in height nor eighteen feet (18') in length will be allowed nearer to the lot line than the building is permitted, provided: 1. It is located adjacent to or adjoining a patio or swimming pool. 2. Said screening is entirely in the rear yard. E. In both residence districts and nonresidence districts fences not more than six feet (6') in heights, as measured from existing adjacem grade, may be erected and mslntained along side or rear interior lot lines when such lot lines serve as a boundary between residentially zoned property and nonresidenfially zoned property. F. In industrial districts as defined by Chapter 14 entitled "Zoning" of this Code, fences not more than eight feet (8') in height will be permitted when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. G. Fences shall not be located within a sight triangle. The dimensions of the sight triangle shall conform to Sec. 9.503 of the Village Codes. Sec. 21.602 Construction A. Fences shall be so constructed as to have the finished side facing towards the nearest lot line. Posts shall be on the inside of the fence, except for fences such as split rail fence. Posts for fences such as split rail shall be placed to insure all portions of the fence are within the property on which the fence is permitted. B. It shall be unlawful to erect or malmain anywhere within the Village a fence equipped or having barbed wire, spikes or any similar device, or any electric charge sufficient to cause shock, except barbed wire used for maximum security approved by the Board of Trustees pursuant to a public hearing by the Zoning Board of Appeals. Chain link fence shall be erected so that the barbs are on the bottom~ C. Fences constructed in easements or on lot lines shall not block or alter existing drainage patterns. Note: It is recommended fence not be placed in easements. If fence is placed in an easement it shall be the property owners responsibility to remove, replace or repair the fence when work is required to be done by the easement holder. D. Masonry fences & masonry fence columns shall have poured concrete foundations a minimm of 42" below grade. Foundation shall also extend a minimum of 4" above grade. Masonry fences or fence colunms shall not be constructed in easements. 21.602 21.604 E. Fences surrounding swimming pools must meet these additional specifications: 1. All fence posts shall be decay or corrosion resistant and all fence openings or points of entry to the pool area shall be equipped with gates, which gates shall be equipped with self-dosing and self-latching devices placed at the top of the gate and made inaccessible to small children. In the event such pool has a raised deck as indicated in Section 21.908A of this Chapter, all points of entry thereto shall be equipped with self-dosing and self-latching devices placed at the top and made inaccessible to small children. 2. The fence and gates shall be at least four feet six inches (4'6"), but not greater than five feet (5') in height above the walk grade level except as allowed in Section 21.601D of this Article. 3. If the fence construction required in this Section xs constructed upon property lines, pursuant to a given variation, so as to completely enclose the yard area, such construction shall be cOnsidered to meet the requirements of this Section. F. Fences exceeding six feet (6') in height must meet the following requirements: 1. The fence shall be constructed of basket weaver, alternate board, or board-on- board construction, when erected along a property line. 2. In an industrial district, a fence not located along a property line, not located within the required yards, and used for a purpose other than to screen building material, equipment or vehicle storage; may be constructed of chain link material. 3. In districts other than Single-Family Residence Zoning Districts, the Village may require that fence areas be landscaped with low height, plantings or other material to be approved by Planning and Zoning. Sec, 21.603 Nuisance Abatement Any fence which may be erected or in process of erection, contrary to the provisions of this Chapter, shall be deemed a nuisance, and it shall be the duty of the Director of Inspection Services to summarily abate the same. Sec. 21.604 Issuance of Permits The Director of Inspection Services is hereby authorized to issue a permit for the erection of a fence provided: A. Two (2) drawings or sketches of the proposed fence are submitted along with a properly completed building permit application. B. The proposed fence shall meet the requirements set forth in this Article; and 21.604 21.60~ C. It shall be unlawful to proceed with the construction or erection of any fence before a permit for such work has been obtained from the Department of Inspection Services. Sec. 21.605 Variations The Zoning Board of Appeals shall hear and decide all requests for variations from the height and location set back regulations contained in this Article, provided that no variation shall exceed the maximum heights permitted herein by more than twenty percent (20%) and no variation shall reduce the minimum location set back requirements permitted herein by more than twenty percent (20%), except that Sec. a variation may be granted to allow a fence of up to a maximum of eight feet (8') in height when such fence is erected along a side or rear interior lot line serving as a boundary between residentially, and non-residentiaily zoned properties. Variation requests shall be processed in accordance with the provisions of Article VI entitled '~Variations" of Chapter 14 of this Code. ARTICLE VII ELECTRICAL INSTALLATIONS SECTION: 21.701 Enforcement of Electrical Regulations 21.702 Rules Adopted 21.703 Definition 21.704 Appliances 21.705 Reinspection 21.706 Certificates of Approval 21.707 Appeals from the Decisions 'of the Chief Electrical Inspector 21.708 Prohibited Equipment, Procedures Sec. 21.701 Enforcement of Electrical Regulations A. Administrative Powers and Duties: 1. The installation of all electric wiring and electric equipment provided for in this Article shall be done in strict accordance with the electrical regulations of this Article. 2. The Director of Inspection Services shall serve as Chief Electrical Inspector and as such shall administer the electrical regulations of this Article. 3. The electrical regulations of this Article shall not be construed'to relieve .from or lessen the responsibility of any person owning, operating, selling, offering for sale ar installing any electrical wires, appliances, apparatus, construction or equipment, for damages to anyone injured by any defect therein by reason of the inspection authorized herein or the certificate of inspection issued by the Department of Inspection Services; nor shall the municipality be held liable, for any damages resulting from the enforcement of the electrical regulations of this Article. 4. In all cases where any action is taken by the Chief Electrical Inspector to enforce the provisions of any of the sections contained in the electrical regulation of this Article, such acts shall be done in the name and on behalf of the municipality, and the said Chief Electrical Inspector, or his designate, in so acting for the municipality, shall not render himself liable for any damage that may accrue to persons or property as a result of any such act committed in good faith in the discharge of his duties, and any suit brought against said Chief Electrical Inspector or his designate by reason thereof; shall be defended by the corporation counsel of said municipality until final termination of the proceedings ~:ontained therein. 21.701 21.70! $. The electrical regulations of this Article may be modified or waived by special permission in particular cases where such modification or waiver is specifica~y permitted or in particular cases where an advancement in the technology of electricity makes such modification or waiver advisable in the best interest of the people. Such "special permission" shall 'in ail cases be obtained from the Chief Electrical Inspector m writing prior to the commencement of the work. 6. The Chief Electrical Inspector or his designate shall have the power to enter any building or premises at any reasonable hour in the discharge of their duties, and it shall be competent for them, when necessary, to remove any existing obstructions such as laths, plastering, boarding or partitions which may prevent a perfect inspection of the electrical equipment; they shall also have the power to enter any building used in whole or in part for the purpose of public assemblage at any time when occupied by the public, in order to examine electrical equipment in such building,and it shall be unlawful for any person to interfere with them in the performance of their duties. 7. Whenever, in the opinion of the Chief Electrical Inspector, it shall be necessa~ to call upon the department of police for the aid and assistance in carrying out or enforcing any of the provisions of this Article governing the inspection of electrical equipment, he shall have the authority to do so and it shall be the duty of any member of the department of police when called upon by said Chief Electrical Inspector, to act according to the instructions of and to perform such duties as may be required by such Chief Electrical Inspector in order to enforce or put into effect the provisions of this Article relating to the inspection of electrical equipment. 8. No registered electrician shall install any electrical conduits, electrical wires, equipment or apparatus in any building or structure, for which a permit is required, until such permit shall have been secured. In case any work is begun on the installation of electrical conduits, raceways or the installation, alteration or repair of electrical wires or apparatus in any building or structure without a permit authorizing the same, being first issued therefor, or the aforesaid installations are being made in violation of the electrical regulations of this Article, the Chief Electrical Inspector or his designate shall have the. power to stop such work at once and to order any and all persons engaged therein, to stop and desist therefrom until the proper permit is secured. 9. The Chief Electrical Inspector and/or electrical inspectors who may be designated, and who are under the direction of the Chief -Electrical Inspector, shall have full police power and shall have the right to arrest any person who violates any of the electrical regulations of this Code. 21.701 21.701 B. General Provisions: 1. It shall be unlawful for any individual, company or corporation to sell, offer for sale, give away gratis, install, alter, repair or use any electric equipment or appliance intended for use in the municipality which does not conform to the standards set forth in this Article. 2. The term "registered electrician" as used in this Article shall be understood to mean any person installing or altering electrical equipment for the utilization of electricity supplied for light, heat or power, not including radio apparatus or equipment for wireless reception of sounds and signals, conductors and other equipment installed for or by public utilities including common carriers which are under the jurisdiction of the Illinois Commerce Commission, for use in their operation as public utilities; but the term "registered electrician" does not include employees employed by an electrical contractor to do or supervise work. 3. The Chief Electrical Inspector of the Department of Inspection Services, or his designate, in the event of code violations or hazardous equipment, are hereby empowered to attach to electrical cabinets and equipment, any official notice or seal m prevent use of electricity, and it shall be unlawful for any other person to put or attach such seal, or to break, change, destroy, tear mutilate, cover or otherwise deface or injure any such official notice or seal posted by an electrical inspector of the Department of Inspection Services. 4. It shall be unlawful for any person in any way to cut, disturb, alter or change any electrical wiring or to permit such electrical varing to be cut, disturbed, altered or changed, unless done in conformity with the electrical regulations of this Article. 5. It shall be unlawful for any person to overfuse any conductor, motor or apparatus in excess of the maximum allowed by the electrical regulations of this Article for such conductor, motor or apparatus, or to install any substitute in lieu of an approved fuse or device so as to remove or reduce the factor of safety of the same. It shall be unlawful for any person to sell or offer for sale any tool or device especially made or intended for the purpose of defeating the nonlnterchangeabfliry feature of overcurrent protective devices. Nor shall any individual, company or corporation sell, offer for sale or give away gratis any tool or device which by its very nature defeats the intent of those sections of the National Electrical Code relating to the noninterchangeability of overcurrent devices. This section is not intended to prohibit the use of devices which are made available by manufacturers in order to accomplish the permitted interchange of overcurrem protective devices, which such devices are made available only by the manufacturer of the overcurrent protective devices to be changed. 21.701 21.701 Each such device sold, offered for sale or given away grafts shall constitute a separate violation of this ordinance and shall be so prosecuted. 6. When contracts to install electrical work have been obtained by persons who are not registered electricians or electrical contractors, as provided for in this Chapter mid the contract is assigned or sublet to a registered electrician on a subcontract basis, the name of such registered electrician or electrical contractor shall immediately be disdnsed by the registered electrician or electrical contractor to the other party to the contract in writing. C. Registered Electricians and/or Electrical Contractors: It shall be unlawful for any ' person to engage in the business of electrical contractor, without being registered as an electrician or an electrical contractor. If such person is registered for the current year in another city or village within the State of Illinois, in conformity with the state statutes, such electrician or electrical contractor shall be required to show proof of such registration. D. Supervising Electrician: Before any permit to install or alter electrical work shall be issued to any person, entitled to secure permits under the electrical regulations of this Article, he shall appoint or employ a person who may be himserf or some other person who, for the purpose of the electrical regulations of this Municipality, shall be known as a supervising electrician. The supervising electrician shall perform the work or supervise and direct the installation, alteration, repair and maintenance of electrical wires and apparatus authorized by permits issued under the authority of this Chapter. All applications for permits shall be countersigned by said supervising electrician. E. Home Owners: The requirement for ~egistered electrician and supervising electrician may be Waived with special permission from the Director of Inspection Services. F. Permits Generally: 1. No electrical equipment shall be installed or altered except upon a permit first issued by the Department of Inspection Services authorizing the installation, alteration or repair of electrical equipment. a. Where an electrical installation has been started prior to the issuance of a permit for such work, the normal permit fee as required by this Article shall be increased in accordance with Sec. 21.1103C of this Code. b. Where a registered electrician or electrical contractor is found doing electrical work without a permit on two (2) separate occasions in one calendar year, a hearing shall be held by the Chief Electrical Inspector at which time the permit 21.701 21.701 privileges of said electrician or electrical contractor shall be suspended for a period of time not to exceed one year. Appeal of the decision of the Director of Inspection Services may be made to the Village Manager pursuant to Article 21.225 of this Code. 2. The Department of Inspection Services shall issue permits for such installation and alteration of electrical equipment in ail cases where application for such permit shall be made in accordance with the rules and regulations applicable thereto: provided, however, that no permit shall be issued for installing or altering by contract, electrical equipment, unless the person applying for such permit is registered as required in this Article, and further provided that the inspection fee as provided for in this Article shall have been paid in advance upon filing the application. 3. The Chief Electrical Inspector or his designate of the Department of Inspection Services shall inspect all electrical equipment installed or altered, except such electrical equipment as may be lawfully exempt, and shall require that it conform to the electrical regulations of this .Article. 4. Upon completion of such installation or alteration in compliance with the electrical regulations of this Article, the Chief Electrical Inspector shall, on request made by a registered electrician or electrical contractor issue a certificate of approval covering such installation or alteration; provided, however, that no such certificate shall be issued until all inspection fees for such installation have been paid. 5. The Chief Electrical Inspector or his designate are hereby empowered to reinspect any electrical equipment within the scope of the electrical regulations of this Article, and when said electrical equipment is found to be unsafe to life or property, shall notify in writing either the owner, his agent for the purpose of managing, controlling or collecting rents or any other person managing, controlling, using or operating the same to place such electrical equipment in a safe and secure condition in compliance with the electrical regulations of this Article within such time as the Chief Electrical Inspector shall consider just and reasonable, but in no event shall this time exceed fifteen (15) calendar days from the date of such notice. Refusal to comply with the requirements of such notice shall subject the person owning, managing operating or using such electrical equipment to the penalties provided for in this Article. The Chief Electrical Inspector and his designate are hereby empowered to cut off and stop current to any electrical equipment found to be unsafe to life or property. 6. The Department of Inspection Services shall keep complete records of all permits issued and inspections made and other official work performed under the electrical regulations of this Article. 21.701 21.701 7. Whenever any electrical equipment has been installed or altered, no electrical current shall be used on such equipment, except as hereinafter provided, previous to the insPection of such equipment by the Chief Electrical Inspector or by an electrical inspector under his jurisdiction and the issuance of a temporary current permit covering designated portions or the entirety of such installation or alteration; provided, however that in case of any installation or alteration, covered by permit authorizing such installation or alteration, the portion of such equipment comprising the service entrance equipment and wiring, the meter and meter connection cabinet and the meter wiring up to but not beyond the customer's disconnecting switch or other disconnecting device may be made electrically alive, prior to ~pection and the issuance of a temporary current permit; and provided further that, in such case, the Chief Electrical Inspector or his designate shall be notified of the intention to make such portion of the equipment electrically alive and that the customer's disconnecting switch or other disconnecting device shall be sealed in the "off' position and tagged with a warning notice reading as follows: "It shall be unlawful for any person to place this switch in the 'on' or 'closed' £osition or to use electricity on any wtring beyond this switch previous to the issuance, by the Chief Electrical Inspector, of a temporary current permit or a ce~ficate of inspection authorizing the use of current on this installatio~ " 8. Failure on the part of any registered electrician or electrical contractor to correct any defect, error or deficiency in any work installed under the authority of a permit issued to him by the Department of Inspection Services within ten (10) calendar days after written notification thereof by the said Department or within such further reasonable time as may, upon request, be prescribed, the Chief Electrical Inspector, shall, without further notice, stop the issuance of permits to such registered electrician or contractor until such corrections have been made, inspected, and approved. In addition thereto the penalty provided in this Article may be enforced. The Chief Electrical Inspector is hereby empowered to suspend the permit privileges of any registered electrician or electrical contractor who shall fall to pay any just indebtedness for inspection fees for electrical wires and apparatus as fixed by that part of this Article dealing therewith, until such registered electrician electrical contractor shall discharge and pay to the Municipality all just indebtedness then due and owing from such registered electrician. 9. The Chief Electrical Inspector or his designate is authorized to revoke any permit or certificate obtained by fraud, misrepresentation or in any way contrary to the provisions of the electrical regulations of this Article, for the installation, alteration, repair and use of any electrical equipment. 10. It shall be unlawful for any person to install, alter or repair any electrical wires or apparatus by authority of a permit issued to and for the use of some other person. 21.701 21.702 11. It shall be unlawful for any registered electrician or electrical contractor to secure or fumish'a permit for the installation, alteration and repair of electrical wires and apparatus for any person not entitled to such permit under the electrical regulations of this Article. 12. It shall be unlawful for any person to change, add to, or mutilate so as to change the original wording, unless authorized by the Chief Electrical Inspector, of any written or printed form issued to registered electric~an.~ or electrical contractors by the Department of Inspection Services. 13. Any person violating any of the sections of this Article shall be subject to the penalties provided for in the last section of thig Article, and in addition thereto, the permit, certificate, or any printed form issued to a registered electrician or electrical customer shall be suspended by the Chief Electrical Inspector or his designate. Notice of suspension shall be in writing to the person violating any of those sections. Appeal of such suspension may be made to the Village Manager pursuant to Sec. 21.255 of this Code. G. Violation of Chapter Provisions. Any person who violates any of the provisions of this Article, or who maintains any electrical wiring and apparatus found to be dangerous to life and property, shall be fined not more than two hundred dollars ($200.00) for each offense. Each day such violation shall continue shall constitute a separate and distinct offense, and so much of any electrical installation as may be erected or altered and maintained in violation of this Article shall be condemned and the Chief Electrical Inspector or his designate are hereby empowered to cut off and discontinue current to such electrical wires and apparatus. Sec. 21.702 Rules Adopted For the purpose of establishing rules and regulations for the installation of all electric wiring and equipment provided for in this Article, there is hereby adopted the 1'990 Edition of the National Electrical Code, -NFPA70- promulgated by the National Fire Protection Association except such portions thereof as hereinafter expressly deleted, modified or amended. A. Provisions of this Article or amendments thereto shall govern and control in case of conflict. B. Special roles and regulations regarding the installation, alterations and use of electrical equipment are as. follows: 1. Service. The service wires and service switch on all residential installations shall be at least one hundred (100) ampere capacity. 2. Circuit Requirements. In singie-family residences the main service entrance equipment shall consist of a single disconnect of not less than one hundred (100) 21.702 21.703 ampere capacity which shall serve a circuit box which shall contain space to accommodate no less than sixteen (16) and no more than twenty (20) full size circuit breakers. A minimum of six (6) circuits shall be used for any dwelling unit having one thousand (1,000) square feet or less of floor area. 3. Receptacle Requirements. In single-family residences no more than ten (10) receptacles or outlets shall be tied into any circuit. 4. Ground-Fault Circuit Protection. a~ Ground-fault circuit interrupters shall be serf-contained units, circuit- breakers types, receptacle types or other approved types. Exception No. 1: Ground-fault circait-interrupters shall be permitted in a panelboard that contains circuits protected by other than ground-fault circuit interrupters. Exception No. 2: Supply conductors to a feed through, receptacle-type, ground-fault circuit interrupter shall be permitted in the same enclosure. 5. Swimming Pools, Whirlpools, Hot Tubs (a) Ground-fault circuit interrupters are required. All electric equipment, including power supply cords, used with storable swimming pools and permanently installed pools shall be protected by ground-fault circuit interrupters. 6. Signs. No sign shall be erected within eight feet (8') of any line conductors, service drops or power lines. 7. For the construction of or addition to attached and detached garages, at least one lampholder, one switch and one G.F.I. receptacle shall be required. C. The Chief Electrical Inspector shall maintain three (3) copies of the National Electrical Code of 1990 on file in his office at all times; the same to be available for public inspection during all regular business hours. Sec. 21.703 Definition. The term "electrical equipment" as used in this Article means conductors and equipment installed for the utilization of electricity supplied for lights, heater power, but does not include radio apparatus or equipment for wireless reception of sounds and signals, nor ordinary household appliances such as toaster, vacuum cleaners, washing machines, and does not include apparatus, conductors and other equipment installed for or by public Utilities including common carriers, which are under the jurisdiction of the Illinois Commerce Commission, for use in their operation as public utilities. 21.704 21.706 Sec. 21.704 Appliances. No permit for the installation, alteration and use of electrical equipment shall be issued except pursuant to an application therefor made out on a printed form, to be furnished by the Chief Electrical Inspector, or his duly authorized designate, and submitted to the Department of Inspection Services, and upon the payment of a fee in advance, as hereinafter provided. A. The application for each permit shall contain the name of the owner, or user of electrical equipment to be installed, altered or used, and the location of the premises where such installation or alteration is to be made by street number, and a detailed description and plan of the work to be done (Exception: No plan required on service . revisions). Sec. 21.705 Reinspection. A. The Chief Electrical Inspector or his designate shall periodically make a thorough reimpection of the installation in buildings of all electric wiring, electric devices and electric material now installed or that may hereinafter be installed, within the Village, and when the installation of such wiring, devices or material is found to be in a dangerous or unsafe condition, the person owning, using or operating the same shall be notified, and shall make the necessary repairs or changes required to place such wiring, devices and material in a safe condition and have such work completed within fifteen (15) days, or any longer period specified by the Chief Electrical Inspector in said notice. The Chief Electrical Inspector or his designate is hereby empowered to disconnect or order the discontinuance of electrical service to such wiring, devices or material until the same has been made safe as directed by the Chief Electrical Inspector. B, Each reinspection of any overhead, underground or interior wires or equipment shall be charged for according to time required for such reinspection. The reinspection fee shall be a minimum twenty-five dollars ($25.00) and a maximum of fifty dollars ($50.00) per inspection. C. Whenever extra inspections are .made due' to inaccurate or incorrect information, failure to make necessary reports, or faulty construction, a minimum charge of twenty-five dollars ($25.00) and a maximum of fifty dollars ($50.00) per inspection shall be made for time consumed in making extra inspections. Sec. 21.706 Certificates of Approval. A. The Chief Electrical Inspector shall issue a f'mal certificate of approval after the completion of installation of all wiring or all apparatus if said work is found to be in full compliance of the terms of this Article and with the rules adopted. 21.706 21.708 B. It shall be unlawful to use or turn on power into, or induce any electric current to flow through any wires or equipment hereafter installed for which certificate has not been issued (Exception: service revisions). Sec. 21.707 Appeals from the Decisions of the Chief Electrical Inspector. Decisions of the Chief Electrical Inspector concernin~ code interpretation for installation, maintenance or repair of electrical equipment, apparatus, etc. may be appealed to the Village Manager. Decisions of the Village Manager may be appealed to the Mayor and Board of Trustees who shall review the recommendation of the Village 'Manager prior to making any final decision. See. 21.708 Prohibited Equipment, Procedures. Equipment and/or procedures referred to in the following articles of the 1990 National Electrical Code are hereby prohibited and not approved for installation in the Village: Article 230-52 Article 230-54 (b, c and d) Article 339-3 (a) (4) Article 320 A~icle 321 Article 324 Article 330 Article 331 Article 333 Article 334 Article 336 Article 337 Article 338 Article 342 Article 344 Article 349 Article 352 (B) ARTICLE VIII REFRIGERATION AND AIR CONDITIONING SECTION: 21.801 Water Type Air Conditioning Units 21.802 Permit Required 21.803 Application for Permits 21.804 Fees 21.805 Notice of Completion 21.806 Final Inspection 21.807 Capacity Requirements 21.808 Operation and Discharge 21.809 Revocation of Permit 21.810 Discontinuance of Service 21.811 Central Air Conditionln~ Compressor Units for Single- Family Dwellln~s Sec. 21.801 Water Type Air Conditioning Units. Any equipment for air conditionin~ or refrigeration which requires a supply of water shall be regulated by and meet the requirements of the following Sections 21.802 and 21.810, inclusive. Sec. 21.802 Permit Required. A. No person shall install, operate or use any equipment for air conditioning or refrigeration which requires a supply of water from the system of the Village without first having procured written permission therefor from the Director of Inspection Services. B. Permits to install piping or connect equipment shall be issued at the office of the Director of Inspection Services, but only in the names of plumbers duly licensed under the applicable statutes of the state of Illinois. Sec. 21.803. Application for Permits A. Applications for permits shall be made to the Director of Inspection Services and shall provide the following information: 1. Name and address of the applicant 2. Location of the premises where installation is proposed 21.803 21.807 3. Name and address of the owner of the premises 4. Names of manufacBirers of the units requiring water A) 5. Manufacturer's identification and classification of the refi'igeration units. 6. Manufacturer's ratin~ of maxim~m refrigerative capacity of the ~mlt or units under the conditions of the planned installation. (Rating may be stated in tons per twemy four (24) hours or in BTU per hour). 7. Horsepower of compressor prime mover, if unit is of compressor type. 8. Where water conservation devices are required, the manufacturer's name, identification, classification and size of the conservation equipment. 9. Elevation and plan showing general pipin8 arrangement and de~ils of all points of connection to building supply water piping (piping direct to condenser units, makeup supply into tower pen and so forth). 10. Such additional information as shah be required by the Director of Inspection Services. B. Applications shah be signed by the owner or tenant, and application for the installation shall designate a plumber duly qualified to receive permits under the applicable provisions of this Code. Sec, 21,804 Fees, As set out in Section 21.508 of this Chapter. Sec. 21,805 Notice of Completion, Within forty eight (48) hours following the completion of any work authorized by a permit issued hereunder, a notice of completion and request for inspection shah l~e made to the office of the Director of Inspection Services by the plumber receiving the permit. Sec. 21,806 l~mal Inspection. After the final inspection and approval of the installation, a permit to operate or.use the equipment will be issued at the office of the Director of Inspection Services. Sec. 21,807 Capacity Requirements. Systems with a capacity of three (3) tons (per 24 hours) or less shah not use water directly (or indirectly, except when used with the conservation equipment) from the public supply. 21.807 21.808 Bi Systems with a total capacity of more than three (3) tons (per 24 hours) but not exceedln~ five (5) tons (per 24 hours) may use water directly from the public supply, at a rate not exceeding two (2) gallons per minute per ton if the water temperature is seventy-five degrees Fahrenheit (75' F.) or less, or three (3) gallons per minute per tone if it is above seventy-five degrees Fahrenheit (75' F.) provided they are equipped with an automatic regulating valve which will: 1. Stop the flow of water when the refrigerating machine is shut down, and 2. Throttie the flow of water down to the momentary requirements of the system C. All systems having total capacities exceedln~ five (5) tons (per 24 hours) shall be equipped with evaporative condensers, cooling towers, spray ponds or other water cooling equipment. This equipment shall be of sufficient capacity to insure confomnance with the requirements of the following table of makeup water when operating under full loading at maximum summer temperatures. Maximum Allowable Water Use Water Hardness Maximum Use 0 - 139 0.1 140- 199 0.15 200- 254 0.2 255- 339 0.3 340- 424 0.4 425 - and over See. 21.808 Operation and Discharge. A. Installations which operate with the use of water directly from the public system shall be equipped with a suitable brass-body, brass-fitted double check valve, preceded by a manually operated gate valve of the same size, both of said valves to be installed in the branch supply line to each unit. The water meter shall be installed between the two (2) valves. B. Discharge connectio~ for the disposal of waste waters shall be in strict accordance with applicable rules and regulations of State and local health and regulatory bodies. C. Cooling waters which are to be re-used for other puq~oses shall be provided with free, above-the-rim discharge before entering other equipment; otherwise, permission shall be obtained in writing from the Director of Inspection Services, approving the proposed connections and use. 21.808 21.811 D. On installations other than those described above, there shall be a physical break between the public water supply piping and the piping of the installations, so arranged as to make impossible back siphonage to the public water supply system. Sec, 21.809 Revocation of Permit, Any permit which is issued under these regulations to operate or use equipment may be revoked by the Director of Inspection Services for any one of the following reasons: A. Failure of the holder of the permit to discontinue using water for the purpose covered by the permit immediately upon notice to do so issued by the Director of Inspection Services during an emergency or to forestall an impending emergency. B. Alterations, changes of equipment or piping, improper operation or lack of maintenance which results in conditions which: 1. Are hazardous to the potable water supply either within the premises or in supply mairl~, or 2. Cause unnecessary waste of water. C. The use of water is found to exceed the quantities permitted under Section 21.807C of this Article. Sec. 21.810 Discontinuance of Service A. The Director of Inspection Services is authorized, in his discretion, to discontinue water service for failure to correct any violation of the provisions of this Article within thirty (30) days after receipt by the permitree of written notice of such violation; the mailing of .such notice by certified mail to such permittee at the address stated in the application for the permit under Section 21.803 of this Article shall be sufficient evidence of the receipt of said notice by the permittee for the purposes of this subsection. B. Licensed plumbersguilty of any violation of any of the rules and regulations herein shall, in addition to other penalties elsewhere provided, be prohibited from securing further permits from the Director of Inspection Sendces for the installation of equipmem covered by this Article. Sec. 21.811 Central Air Conditioning Compressor Units for Single. Family Dwellings No person shall install, operate or use a central air conditioning compressor unit without first having obtained a permit therefor from the Director of Inspection Services. 21.811 21.811 A. Central air conditioning compressor units in the RX, R-A and R-1 single-family residential zoning districts shall be located at the back side of any house, upon a lot of record. 1. However, the said unit shall not extend more than twenty-five percent (25%) into the required yard adjacent to the lot lines of said lot. 2. In no instance shall such central air conditioning compressor unit be positioned so as to direct any exhaust air directly at or upon any building, or cause damage to any vegetation upon an adjoining lot. B. If the above conditions cannot be satisfied at the ~back side of any house or ff that location of the said unit would reduce the efficiency thereof, then such central air- conditioning compressor unit shall be located on any other side of such house where the aforesaid conditions are satisfied. C. Any such central air conditioning compressor unit shall be adequately screened from view from any street lying immediately adjacent to said lot upon which such central air conditioning compressor unit is located; which screening shall consist of closely planted evergreens or other nondeciduons shrubbery. D. For the purpose of this Section, '~ack side of any house" shall be construed to mean that rear side of any single-family residential structure which rear side is opposite any side having frontage upon a street. E. The fee for such a central air conditioning unit permit in such residentially zoned districts shall be as set forth in Article V of this Chapter. ARTICLE IX PRIVATE SWIMMING POOLS SECTION: 21.901 Compliance Required 21.902 Location 21.903 Permit Requested 21.904 Drawings, Plans and Permits 21.905 Materials 21.906 Structural Design 21.907 Walk Areas; Excavated Pools 21.908 Fences · 21.909 Steps or Ladders 21.910 Skimmers 21.912 Inlets 21.913 Outlets 21.914 Discharge and/or Drainage 21.915 Recirculation Pools 21.916 Recirculation System and Appurtenance 21.917 Gaseous Chlorination Prohibited 21.918 Electrical Requirements 21.919 Diving Boards 21.920 Special Uses 21.921 Penalty Sec. 21.901 Compliance Required. As defined in this Chapter, every swimming pool constructed, installed and maintained hereafter shall comply with all applicable provisions of this Code; provided, however, that the regulations of this Article shall not be applicable to any such pool having at every point a depth of twenty-four inches (24") or less. Sec. 21.902 Location - All private swimming pools and appurtenance shall be located in conformance with the Village Zoning Ordinance. Sec. 21.903 Permit Required A. It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool and appurtenances within, the Village unless permits therefor shall have first been obtained from the Director of Inspection Services. B. In those instances where a given lot is improved with more than one dwelling unit held in separate ownerships, no permit for swimming pools other than indoor 21.903 21.905 swimming pools and excavated pools shall be ~ssued until application for same has been authorized by the Zoning Board of Appeals of the Village pursuant to Section 21.920 of this Article. C. The fee for a permit for the erection or construction of a swimming pool shall be determined as set forth under Article V of this Chapter Sec. 21.904 Drawings, Plans and Permits A. All drawings and plans for the construction, installation, enlargement or alteration of any swimming pool and appurtenances for which a permit is required shall first be presentedto the Director of Inspection Services for examination and approval as to proper location, construction and use. B. All plans and drawings shall be drawn to scale of not less than one-eighth of an inch to the foot (1/8":1'), on paper or cloth, in ink, or by some process that will not fade or obliterate. All distances and 'dimensions shall be accurately figured and drawings made explidt and complete, showing the lot lines, and including information pertaining to the pool, walk and fence construction, water supply system, drainage and water disposal systems, and all appurtenances pertaining to the swimming pool. Detail plans and vertical elevations shall also be provided in accordance with the Building Code of the Village. C. All swimming pools appurtenances, water supply and drainage system, shall be constructed in conformity with the approved plans. If any deviation from such plans is desired, a supplementary plan covering that portion of the work involved shall be filed for approval and shall conform to the provisions of this Article. Sec. 21.905 Materials A. Excavated and/or permanent indoor swimming pool walls and floor shall be constructed of any impervious material which will provide a tight tank with white or light colored finish and easily cleaned surfaces. If concrete, the floor or bottom surface of the pool shall have a fine brush finish. I. Portable swimming pool walls and floor shall be constructed of any impervious material which will provide a tight tank with white or light colored finish and easily cleaned surfaces. The floor or bottom surface of the pool shall have a finish as smooth as possible. B. The side and end walls of an excavated and/or permanent indoor pool shall presem a smooth finish and shall be vertical to a depth of at least six feet (6') or shall have a slope or curvature meeting one of the following conditions. 21.905 21.908 1. The pool wall may be vertical for thirty inches (30") from the water level below which the wall may be curved to the bottom with a radius at any point equal to the difference between the depth, at that point and thirty inches (30"). 2. To a depth of six feet (6'), except as in 1 above, the wall's slope shall not be less than one foot (1') horizontal in six feet (6') vertical. C. Excavated and/or permanent indoor pool walls that are to be lined with a plastic liner shall be constructed of masonry or reinforced concrete. Sec. 21.906 Structurnl Design A. Excavated swimming pools shall be designed to withstand the water pressure from within and to resist the pressure of the earth when the pool is empty, to a pressure of two thousand two hundred (2,200) pounds per square foot. 1. Portable swimming pools or pools in an unexcavated areas shall be designed to withstand the water pressure from~ within. B. The slope of the bottom of any part of the pool in which the water is less than five feet (5') in depth shall not be more than one foot (1') in each ten feet (10')and the maximum slope where water is five feet (5') or more in depth shall not exceed one foot (1') in each two feet (2') Sec. 21.907 Walk Areas; Excavated Pools. A. Unobstructed walk areas not less than thirty six inches (36") wide shall be provided to extend entirely around and adjacent to any excavated pool. The walk area shall be constructed with a surface to be smooth and easily cleaned and of nonslip construction. B. The slope of said walks shall have a pitch of one-eighth (1/8) to one-half inch (1/2") to the foot, designed so as to prevent back drainage from entering the pool. Sec. 21.908 Fences. A. All outdoor swimming pools shall be completely enclosed by a fence erected with along the perimeter of the pool walk areas or along the perimeter but within the building lines of such real property upon which it is located, unless such pool has a raised deck at least four feet six inches (4'6") in height above walk or grade level. B. All fence posts shall be decay or corrosion resistant and all fence openings or points of entry to the pool area shall be equipped with gates, which gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made 2!.908 21.910 inaccessible to small children. In the event such pool has a raised deck as indicated in Paragraph A above, all points of entry thereto shall be equipped with self-closing and self-latching devices placed at the top and made inaccessible to small children. C. The fence and gates shall be at least four feet six inches (4'6") but not greater than five feet (5') in height above the walk grade level. D. If the fence construction required in this Section is constructed upon property lines, pursuant to a given variation, so as to completely enclose the yard area, such construction shall be considered to meet the requirements of this Section. Sec. 21.909 Steps or Ladders. Two (2) or more meang of egress in the form of steps or ladders shall be provided for all swimming pools. These means of egress shall be located on a side of the pool at both the deep and shallow end of the pool. Steps and ladders shall have a handrail. Sec. 21.910 Skimmers A. In every swimming pool at least one skimming device shall be provided for each four hundred (400) square feet of surface area or fraction thereof. B. Skimmers shall be located at least thirty (30) lineal feet apart. C. In excavated and indoor swimming pools: 1. Handholds shall be provided and consist of a bull-nosed coping not over two and one half inches (2 1/2') thick for the outer two inches (2") or an equivalent approved handhold, which handhold must be no more than nine inches (9") above the normal water line. 2. Skimming devices sh'all be built into'the pool wall; shall adequately remove floating oils and waste and shall meet the following general specifications: a. Each skimmer shall be designed for a flow-through rate of at least thirty (3) gallons per minute and a total capacity of all skimmers on any pool shall be at least fifty percent (50%) of the required filter flow of the recirculation system. b. They shall be automatically adjustable to variations in water level over a range of at least three inches (3"). c. An easily removable and cleanable basket or screen through which' an overflow of water must pass shall be provided to trap large solids. d. The skimmer shall be provided with a device to prevent aiflock in the 21.910 21.912 suction line. If an equalizer pipe is used, it shall provide an adequate amount of makeup water for pump suction should the water of the pool drop below the water level. This pipe shall be at least two inches (2") in diameter and shall be located at least one foot (1') below the lowest overflow level of the skimmer. e. An equalizer line shall be provided with a valve that will remain tightly closed under normal conditions, but will automatically open at a differential of not more than four inches (4") between the pool level and the level of the overflow tank. f. The overflow weir shall be of sufficient length to maintain a rate of flow of at least twenty (20) gallons per minute per lineal foot of weir lip. Sec. 21.911 Water Supply. No source of water other than a metered source secured from the Village water distribution system shall be used in any swimming pool, unless such other source shall have been and continues to be tested and found to be equal to the State of Illinois drinking water standards of purity. Sec. 21.912 Inlets A. Swimming pool water recirculation system inlets shall be located so as to produce as far as possible uniform circulation of water throughout the pool without the existence of dead spots and to carry pool bottom deposits to the outlets, and shall discharge at a minimum depth of ten inches (10") below the pool overflow level A minimum of one recircnlation system shall be provided for every six hundred fifteen (615) square feet of surface area of the pool. B. Said poois shall be equipped with suitable facilities for adding make-up water as needed. There shall be no physical connection between the water supply line and the pool system. If the make-up water is added directly to the pool, the outlet shall be at least six inches (6") above the upper rim of the pool. If the make-up water line discharges to a surge or balancing tank, the point of discharge shall be at least six inches (6") above the rim of the tank. If a hose connection from a sill cock or other plumbing fixture is to be used for supplying make-up water, then an approved vacuum breaker shall be installed between the sill cock or control valve at the fixture and the hose connection. The vacuum breaker shall be installed at a height not less than seven feet six inches (7'6") above the floor, platform or ground upon which a person would stand when operating the sill cock or control valve. C. The system supplying recirculated water and make-up water to the said pool shall be constructed in conformance with Chapter 22 of the Mount Prospect Municipal Code and the Illinois Plumbing Code. 21.913 21.914 Sec. 21.913 Outlets. A. In swimming pools, thirty feet (30') in width or less, water recireulation system outlets shall be located so as to provide at least one outlet at the deepest point in the pool B. If the pool width is more than thirty feet (30'), multiple outlets shall be provided and spaced not more than thirty feet (30') apart, nor closer than four feet (4') to any wail. C. All pool drain outlets shall be equipped with gratings having an area of opening not less than four (4) times the cross-sectionai area of the outlet pipe The gratings shail be of such design so they cannot be readily removable by bathers and will not injure bathers' fingers. One outlet shall be provided for each eight hundred (800) square feet of surface area. Sec. 21.914 Discharge and/or Drainage. A. At no time shall the rate of drain water discharge exceed a flow of two hundred fifty (250) gailons per minute. B. No pool shail be connected to a combined sewer if a separate storm sewer is available. C. No pool shall be connected to a sanita~ sewer if a combined sewer or a separate storm sewer is available. D. If any of the foregoing connections are utilized, the same shall be accomplished with an indirect connection so as to prevent any possibility of any back-syphoning of any such drain water. E. Any drainage of swimming, pools into any type of sewer system shall be done by pumping the discharge waste through the swimming pool filtration system before entering the sewer system. F. If any pool discharges across the ground, said discharge water shall discharge through the swimming pool filtration system and in addition the said discharge water shall thereafter pass through a swale so constructed as to prevent any damage to adjacent properties and the plans for such swaie shall be submitted for approvai prior to construction. G. If drainage is provided as in subsection F above, no such drainage shail discharge onto any street or alley that does not have drainage structures instailed in accordance with the standards of the Village. Such discharge shail not be carried out during ambient outside air temperatures below forty degrees (40° ) Fahrenheit. 21.915 21.916 Sec. 21.915 Recirculation Pools. All swimming pools shall be of the recirculation type in which circulation of water is maintained through the pool by pumps; the water drawn from the pool being clarified and disinfected before being returned to the pool. Sec. 21.916 Recirculation System and Appurtenances. Swimming pool recirculation systems shall consist of pumping equipment, hair and lint catcher, filters, together with the necessary pipe connections to the pool inlets and outlets, facilities and pipe connections necessary for back-washing filters and facilities and equipment for disinfecting the pool water. B. Every pool shall have a recirculating system with an hourly capacity equal to the pool volume divided by eleven (11). C, The recirculation system pump shall have sufficient capacity to discharge the volume of water required for an eleven (11) hour turnover of the said pool against the maximum head of the recirculating system. D. The pump used for backwashing filters under this Section shall have a sufficient capacity to provide a filter backwash rate of at least (12) gallons per minute per square foot of filter area. E. A hair and lint catcher or Strainer shall be installed on the suction side of the said circulation pump to prevent hair, lint and other extraneous matter from reaching the pump and filters. Hair and lint catchers shall be so designed that they can be easily dismantled for cleaning and inspection and shall be so located as to be easily accessible for cleaning. The design features shall be as follows: Water passes through the strainer from the outside; the strainer is made of noncorrosive material; the width or diameter of strainer openings is not more than one-eighth inch (1/8"); the area of the strainer opening shall be at least five (5) times the cross sectional area of the inlet pipe to the strainer. F. Said recirculating systems shall'contain rapid pressure filters. Sufficient filter area shall be provided to filter the entire contents of the pool in eighteen (18) hours at a rate of not more than three (3) gallons per square foot of filter area per minute. The filter backwashlng facilities shall be suffident to backwash at a rate of twelve (12) gallons per minute per square foot of filter area. All backwash water and effluents shall be discharge through an indirect connection. Pressure filters shall be equipped with readily accessible air relief valve, loss of head or pressure gauges on the inlet and outlet pipes and an access head or hole large enough to permit inspection, maintenance and repair work. Sight glasses that can be easily removed for cleaning shall be provided in the effluent line from the filter units. 21.916 21.920 G. Equipment shall be provided for the disinfection of all pool water. Any disinfection method using materials other than chlorine compounds shall be subject to the approval of the Village Health Inspector. Disinfection equipment installed for the use of chlorine compounds shall have sufficient capacity to maintain a minimum free chlorine residual of 0.5 parts per million. The disinfectant shall be introduced into the recirculation system ahead of the filters. H. Eve~ pool shall be equipped with one or more throwing ring buoys not more than fifteen inches (15") in diameter and having at least twenty feet (20') of three- sixteenths inch (3/16") line attached. See. 21.917 Gaseous Chlorination Prohibited. Gaseous chlorination systems shall not be made use of as a disinfection method for any pool water~ Sec. 21.918 Eleetrical Requirements. A. All electrical installations provided for, installed and used in conjunction with swimming pools shall be in conformance with the Electrical Code of the Village. B. No current carrying electrical conductors shall cross swimming pools, either overhead or underground. In addition to the aforementioned requirements, no currem carrying electrical conductors, either overhead or underground, shall cross laterally within ten feet (10') of the said pools. Above-ground electric conductors, if any shall be necessary to the operation of the swimming pool, shall be equipped with a U.L. approved "ground fault circuit interrupter". C. All metal fences, enclosures or railings near or adjacem to swimming pool which may become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded. See. 21.919 Diving Boards. No diving board or platform more than three feet (3') above water level shall be installed for use in connection within any private residential swimming pool. In no event shall any such diving board or platform be installed in any area of the pool incapable of containing water less than at a seven foot (7') depth. No diving boards or raised platforms shall be permitted on portable swimming pools. See. 21.920 Special Uses. A. Residential swimming pooh located upon lots improved with more than one dwelling unit held in separate ownerships are of such a substantially different character from other uses in residential districts, that the use of any such swimming pool within the Village is hereby declared to be a special use within the meaning of Section 5 of the Zoning Ordinance of the Village. 21.920 21.921 B. In the instance where a given lot is improved with more than one dwelling unit held in separate ownerships, no permit for any private residential swimraing pool, other than indoor pools and excavated pools, shall be issued unless application for same has been authorized by and the applicant has fully complied with the provisions of Section 5 of the Zoning Ordinance of the Village: except that for the purposes of the hereinabove described residential SW~l~rnlrlg pOOlS, other than indoor pools and excavated pools, the decision of the Zoning Board of Appeals shall be final with respect to the special use thereof and no further ordinance granting a special use thereof shall be necessary, the provisions of subparagraph 4 of the paragraph (b) of Section 30 of the Zoning Ordinance of the Village notwithstanding Sec. 21.921 Penalty. A. Any person who shall violate any provision of this Article or who shall erect, construct, alter or repair a swimming pool in violation thereof, shall be fined as set forth in Article 11 of this Chapter. B. The imposition of the penalties herein prescribed shall not preclude the Village from instituting such action or proceedings as it may deem necessary tO prevent or restrsln the unlawful establishment, construction, reconstruction, alteration, repair, conversion, maintenance or use of a private residential swimming pool or to restrain, correct or abate any violation of this Article. ARTICLE X HEATING REGULATIONS; MULTI-FAMILY DWELLINGS SECTION: 21.1001 Definition 21.1002 Heat Required; Determination 21.1003 Failure to Furnish Heat 21.1004 Penalties Sec. 21.1001 Definition. The term "multi,family dwelling" is hereby defined to mean any building or portion thereof, containing three (3) or more dwelling units. Sec. 21.1002 Heat Required; Determination. It shall be the duty of every person owning .or controlling any multi-family dwelling in which heat is furnished from a heating plant used in common for the purpose of heating the various rooms and apartments therein, to furnish heat to such rooms and apartments from September 15, ofeach year to June 1, of the succeeding year, so that the occupants thereof may secure, without such undue restriction of ventilation as to interfere with proper sanitary conditions, a minimum temperature of sixty five degrees Fahrenheit (65' F.) averaged throughout the apartment. Notice of complaint concerning lack of heat in such room or apartment shall first be given by occupant to such person by certified mail or personal delivery before a violation of this Section shall be deemed to exist. For the purpose of determining whether or not the temperature in any such room or apartment is in accordance with the provisions of this Section, the Director of Inspection Services shall cause temperature readings to be made by means determined by the Department of Inspection Services in not less than two (2) separate rooms in such apartment, or if the apartment consists of only one room, then in two (2) opposite parts of the room as near the extremes as practicable, such thermometer to be placed at a point not less than four feet (4') not more than six feet (6') away from any exterior or window and a location three feet (3') from the floor of the apartment. Sec. 21.1003 Failure to Furnish Heat. Failure to furnish the heat required shall not constitute an offense where it is due to a breakdown of the heating plant, if diligence is used to have such plant repaired (unless such breakdown has been caused by a violation of the Village Code) nor where it is due to strikes, to a general shortage of fuel, to any act of the tenant who makes the complaint, or to any cause beyond the owner's control, unless written notice of such failure to furnish the heat required shall first have 21.1~3 21.1~4 been given to the owner or agent of the building by certified mail or by personal delivery by the Village, and the temperature reading herein provided for shall not be made until after the delivery of such certified letter or a personal delivery to the addressee thereof. Sec. 21.1004 Penalties. Any person who shall violate any provisions of this Article and falls to comply with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine as set forth in Article XI of this Chapter. ARTICLE XI MISCE~US PROVISIONS; PlgNALTIES SECTION: 21.1101 Effect of Headings 21.1102 Severability 21.1103 Penalties 21.1104 Refunds of Deposits See. 21.1102 Effeet 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 21. See. 21.1102 Severability. If any part or parts of this Chapter shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Chapter. The Board of Trustees hereby declares that it would have passed the remaining parts of this Chapter if it had known that such part or parts thereof would be declared unconstitutional, See. 21.1103 Penalties. A. It is a misdemeanor for any person to violate any of the provisions of this Chapter 21; and any person who shall erect, construct, alter or repair a building or structure in violation of this Chapter for which another penalty is not provided shall upon conviction for such violation be fined not less than one hundred dollars ($100.00) and/or no more than one thousand dollars ($1,000.00) and each day such violation continues to exist shall constitute a separate offense. B. The imposition of the penalties herein described 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 premise, or to prevent an illegal act, conduct, business or use in or about premises. C. If any work has commenced without receipt of a permit, as required by this Chapter, the specified permit fee shall be doubled, except that the minimum penalty shall be one hundred dollars ($100.00) and the maximum penalty one thousand dollars ($'1,000.00), for each and every category where the unauthorized work has begun. However, such payment shall not relieve any person of any other requirement or penalties prescribed in this Chapter. 21.1104 2Ll104 Sec. 21.1104 Refunds or Deposits Upon final approval by the Village of each project and upon conclusion of each guarantee period the Director of Inspection Services 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 Inspection Services. B. If an application for a refund of any deposit balance is not received by the Director of Inspection. Services within six (6) months after written notification to the permittee such deposit balance will be forfeited to the General Fund of the Village. DEFINITIONS SECTION: 21.1201 Def'mitions of Words and Phrases Sec. 21.1201 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. 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 Inspection Services. ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty percent (20%) of the entire wall surface of the alcove. ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation. ALTERATION: As applied to a building or structure, a change or rearrangement of rooms or spaces, the structural' parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another. APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms. APARTMENT Any building which contains apartments. BUILDING: APPROVED: "Approved" shall mean approved by the D~rector of Inspection Services 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. 21.1201 2L1201 APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block, solid block or combination of these materials, or other materials approved by the Director of Inspection Services. AREA: A. As applied to the dimensions of a building, the maximum horizontal area of the bni]dlng at or above grade. B. As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and fire walls. C. Pool Area. The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5') from the said pool. ATTIC: The space between the ceiling beams of the top storY, and the roof rafters, and containing no habitable room. AUTOMATIC Automatic as applied to fire protection devices, automatic USE: refers to a device or system that provides an emergency function without the necessity of human intervention and activate as a result of a predetermined temperature rise, rate of temperature rise or increase in the level of combustion products such as incorporated in an automatic sprinkler system, automatic fire door, etc. BASEMENT: That portion of a building which is partly or completely below grade. BATHROOM: A room containing a tub, shower compartmem 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. BOILER ROOM: A room containing the fuel-burning equipment and/or fuel storage for a heating or power generating system~ BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, A building occupied for the transaction of business, for the BUSINESS: rendering of professional services, for the display and sale of 21.1201 21~1201 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. CEMENT LIME A mixture of one part of hydrated lime to not more than six (6) MORTAR: parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement of the lime by volume. CERTIFICATE OF The certificate issued by the Dh'ector of Inspection Services · OCCUPANCY: which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR The Clerk of the Village. VILLAGE CLERK: CLOSET: A non_habitable 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 ($) 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 permanem structural and nonstructura] components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment. 21.1201 2L1201 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, A building in which persons are harbored to receive medical, INSTITUTIONAL: 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 Ordinance or other Ordinances of the Village,. BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, court houses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls. BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell. BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides head room for a stair flight or, when in connection with.store show windows, provides a means for light and ventilation to the base space below. CEILING: The overhead covering of a room. CEILING HEIGHTS: The dear vertical distance from the finished floor to the finished ceiling. CEMENT FLOOR: A floor not le~ss than four inches (4") in thickness of concrete composed of one part Portland Cement, three parts of sand'and five (5) parts of crushed stone or gravel. 21.1201 21,1201 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. CEMENT LIME A mixture of one part of hydrated lime to not more than six (6) MORTAR: parts of sand, proportioned by volume, with an addition of not less than ten percem (10%) of Portland cement of the lime by volume. CERTIFICATE OF The certificate issued by the Director of Inspection Services OCCUPANCY: which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR The Clerk of the Village. VILLAGE CLERK: 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 cemem 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. 21.1201 2L1201 DEPARTMENTS: DEPARTMENT OF The Depa~-iment of Fin~ce of the Village. FINANCE: DEPARTMENT OF The Depat-iment of Inspection Services of the Village. INSPECTION SERVICES: DEPARTMENT OF The Department of Planning of the Village. PLANNING DEPARTMENT OF The Department of Public Works of the Village. PUBLIC WORKS: DIRECTORS: DIRECTOR OF The Director of the Department of Inspection Services of the INSPECTION of the Village of Mount Prospect. SERVICES: DIRECTOR OF The Director of the Department of Planning of the PLANNING Village of Mount Prospect. DIRECTOR OF The Director of the Department of Public Works of the Village PUBLIC WORKS: of Mount Prospect. DISTRICTS: The Zoning Districts as described in the Zoning Ordinance of the .Village of Mount Prospect. DWELLING: Dwelling is any building which contains one or two "Dwelling Units" used, intended, or designed to be built, used, rented or leased, which are occupied for living purposes. DWELLINGUNIT: Dwelling unit is a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape. ELF. VATOR: 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 21.1201 2L1201 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 walh or CUrtRin 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: Family is an ind/vidual, two or more persons related by blood, marriage or law, or a group of not more than any five person living together in a. dwelling unit~ Servants having common housekeeping facilities with a family consisting of an individual, . or two or more persons related by blood, marriage or law, are a part of the family for this code. FENCE: A structure or partition erected about a yard or other space, or about any other object, intended to prevent intrusion from without, whether physical or visual or straying from within. FLOOR: A horizontal or appro~dmately horizontal system, other than a ceiling, used to support loads within a building. (See also "Story', this Article) FLOOR AREA: For determining floor area ratio, the "floor area" of a building is the s~m of the gross horizontal area of the several floors of a building measured from the'exterior face of the exterior walh, excluding garage and basement floor. FLOOR AREA The floor area of a building divided by the area of the zoning RATIO: lot. FOOTING: A construction supported directly on the ground which supports walls, piers and coinmn~. FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a veail, pier, column or other structural part of a building. FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other 21.1201 2L1201 surface materials. GARAGE: A buildin$ shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept. GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. GARAGE, PUBLIC: A garage not included within the term private garage. 'GRADE OR GRADE A reference plane representing the average of finished ground LEVEL: 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 buiJcllng and the lot llne or, when the lot li~e is more than 6 feet from the building, between the building and a point 6 feet from the building. HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for Hying, sleepin~ eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compa~haents, laundries, pantries, storage rooms or below grade recreation rooms. HEIGHT OF The vertical distance of a building or structure as measured in BUILDING: feet, from the base grade to the highest point of the roof or parapet, if a flat, man.~ard, or g~mbrel room, or the point midway between the ridge line and the eave line if a hip or gable roof. Mech_n_nical penthouses, chimneyS and steeples shall not be included in measuring the height or buildings. HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block. KITCHEN: A room or an alcove containln_~ 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. 21.1201 2L1201 LIVE LOAD: Those loads produced by the use and occupancy of the building, not inclodlng environmental loads such as wind loads, snow loads, earthquake loads or dead loads. MANAGER OR The Village Manager of the Village. VILLAGE MANAGER: NON- Any material which will not sustain fire. COMBUSTIBLE: NON. A construction in which ali materials used in the construction COMBUSTIBLE and f~ni.~h are non-combustible to the point that the CONSTRUCTION: 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 rnil~_ PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for preparation of food without the use of heat. PARAPET: A wall of approved masonry projecting above the roof line to prevent the spread of fire. PARKWAY: That part of the public street right-of-way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the sidewalk, or the right-of-way line if no sidewalk exists, as well as the raised dividing.strip of a roadway. 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 comtructioo. 21.1201 21.1201 PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining. PATIO A screened seasonal leisure area which is attached to the ENCLOSURE: principle structure, unheated, and which is not intended to be used ns a habitable room. PATIO A screen, preferable decorative, natural or artificial, which SCREENING: screen is placed adjacent to a patio for the purpose of concealing such patio. - PETITIONER: One making a formal request for a hearing for a modification from the regulations and/or specifications found in this Chapter. PERMITrEE: That person or persons authorized by the authority having jurisdiction to perform a specific activity. PERSON: Every natural person, firm, copartnership, association or corporation. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of the Municipal Code of the Village. SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block. 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. STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure 21.1201 21.1201 of such stairs from the required exit to the exit door of the building or grade. A. Flight: A series of steps between successive landings and platforms. B. Ianding: The floor space immediately adjoining the top or bottom of a flight. For an inclosed 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. F. Width: The clear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequited 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 Inspection Services. 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: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A "street" includes the entire right-of-way and any improvements which may be located within the fight-of-way. STREET LINE: A lot line dividing a lot from a street. 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 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 wries for the transmission of electricity. 21.1201 2L1201 SWIMMING POOL: An artificiai or semiartificiai 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 ail 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: A.) HOT TUB: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in. B.) SWIMMING POOL, Any swimming pool being constructed in whole or in part below EXCAVATED: the grade level and out of doors. C.) SWIMMING POOL, Any swimming pool so constructed as to be located in whole INDOOR: or in part within a structure or building in such manner as to become part of the real estate. D.) SWIMMING POOL, Any prefabricated swimming pool which has a depth at any PORTABLE: 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 ail the appurtenances of the said pool. E.) SWIMMING POOL A swimming pool located in any residentially zoned district RESIDENTIAL used or intended to be used solely by the owner, operator or PRIVATE: lessee thereof and his family, and by friends invited to use it without payment of any fee. F.)SWIMMING POOL, All swimming pools operated and maintained in conjunction PUBLIC AND with or by clubs, motels, hotels, mul~unit buildings housing SEMI-PUBLIC: more than three O) families, and community associates, and shall include any swimming pool other than a private residential swimming pool. 21.1201 2L1201 G.)SWIMMING POOL, Any swimming pool as defined in this Article being constructed RAISED DECK: in such manner as to have a fiat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool. UNPROTECTED Applies to buildings in which the structural supports are metal METAL and in which the roofing and walls or other enclosures are of CONSTRUCTION: sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise and not conforming to approved masonry. VILLAGE A'ITORNEY: The Village Attorney of the Village. VILLAGE ENGINEERING COORDINATOR: The Village Engineering Coordinator of the Village. ARTICLE XIII PROPERTY MAINTENANCE CODE SECTION: 21.1301 Purpose 21.1302 Scope and AppLicability 21.1303 Definitions 21.1304 Maintenance Required 21.1305 Maintenance Standards 21.1306 Responsibilities of Owners and Operators 21.1307 Responsibilities of Occupants 21.1308 Additional Responsibilities of Owners and Operators of Hotels Motels 21.1309 Transfer of Responsibility 21.1310 Rules and Regulations 21.1311 Inspections and Right of Entry 21.1312 Notice of Violations 21.1313 Effect of NoncompLiance 21.1314 Designation of Building as Unfit For Human Use or the Use Intended, Procedures 21.1315 Effect of Designation of Building as Unfit For Human Use or the Use Intended 21.1316 Designation of Building as Dangerous and a Public Nuisance, Procedures 21.1317 Effect of Designation of Building as Dangerous and a Public Nuisance 21.1318 Emergency Cases 21.1319 Assistance of Village Attorney 21.1320 Imposition of Penalty No Bar to Legal Action 21.1321 Appeals 21.1322 Records 21.1323 SeverabiLity Clause See. 21.1301 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. See. 21.1302 Scope and Applicability. Except where otherwise specified hereinafter, 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. 21.1303 21.1303 Sec. 21.1303 Definitions. For purposes of this Article, the following words and terms shall have the following meanings: ACCESSORY A building the use of which is incidental to that of the pr~cipa] STRUCTURE: building and which is located on the same lot. BASEMENT: That portion of a building which is partly or completely below grade. BOARDED UP: Any closing up of the window, doorway(s), or other means of egress and ingress of any structure. BUILDING: Any residential or no~esidential support, shelter or enclosure of persons, animals or movable property of any kind, and which is permanently al'fixed to the land. ENFORCEMENT A person designated by the Village Manager to eaforce the OFFICER: provisions of this Article. EXTERMINATION: The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized legal pest elimination methods. GARBAGE: Any rejected or waste household food, offal, swill or carrion, and every accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruits or vegetable, and any other matter of any nature which are subject to decay, putrefaction and the generation of noxious or offensive gases or odor, or which during or after decay may serve as breeding or feeding material for flies or other germ-carrying insects. HOTEL: A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients or a daily or weekly basis, whether such establishmems are designated as a hotel, inn, automobile court, motel; motor inn, motor lodge, tourist court or otherwise. INFESTATION: The presence within or around a dwelling or dwelling unit of any insects, rodents or other pests. 21.1303 21.1303 LET: To give another person the right to occupy any portion of a building or real estate or both. The act of "letting" shall be deemed to be a continuing act for so long as thc person given the right to occupy the premises continues to do so. A further '~etting" by any occupant or a portion of a building is, for purposes of thi~ Article, also a "letting" by the owner or operator of the buildin& MOTEL: A bui]dlng or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a dally or weekly basis, whether such establishments are designated as a hotel, inn,. automobile court, motel, motor inn, motor lodge, tourist court or otherwise. OCCUPANT: Any person, living in, sleeping in or having actual possession of a building or portion thereof. OPERATOR: Any person having possession, custody, charge, care, management or control of any real estate, building or portion thereof. OWNER: Any person who alone or jointly or severally with others shall have legal or equitable title to any building, or realestate the agent of said person or any person having possession, custody, charge, care, managemem or control of any building or real estate, or portion thereof, including, but not limited to, a purchaser, mortgagee, receiver or lessee in possession, custody, charge, care, management or control of any building or real estate or portion thereof. PERSON: Any natural person, partnership, trust, corporation or association. Whenever used with respect to any penalty, the term "person" as applied to partnerships or associations shall mean the partners or members thereof, and as applied to trusts or corporations shall mean the trustees or officers thereof. PLUMBING: Gas pipes, gas-burning equipment, water-heating equipmem, water pipes, garbage disPosal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, wells, septic tanks, catch basins, drains, vents and any similar supplied fixtures, together with all connections m water, sewer or gas lines. PREMISES: A lot, plot or parcel of land, including the buildings and 21.1303 21.1305 structures thereon. RUBBISH: Rubbish shall mean combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rages, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimming, tin cans, metals, mineral matter, glass crockery, dust or any object that is removed from the things that are presently worthless or unsuitable for immediate purpose. STRUCTURE: That which is built or constructed, including but not limited to buildings for any occupancy or use. SUPplIED: Paid for, installed, furnished or provided by or under the control of the owner or operator at its own expense. See. 21.1304 Maintenance Required. It shall be unlawful for the owner and/or operator of any building or portion thereof to fall, refuse or neglect to maintain such real estate or building in accordance with the provisions of this Article. See. 21.1305. Maintenance Standards. A. General Standards: 1.All buildings and real estate shall be maintained in good repair and each part of a' building shall perform the function for which such part was designed or intended to be used. 2.Facilities, utilities and equipment, including, but not limited to chimes and heating and ventilating equipment and facilities, which are part of or used in or on a building and the real estate on which such building is located shall be 'maintained in good repair and working order so that they function safely and effectively without threat to \health and safety. B. Specific Standards: 1. Foundations, Exterior Walls and Roofs: Every foundation, exterior wall and roof of every building shall be substantially weather-tight, water-tight, and rodent proof; shall be kept in sound condition and good repair, shall be kept free of holes or breaks, and of loose or rotting boards, timbers, bricks, stones and other structural material; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 21.1305 21.1305 B) 2. Exterior Surfaces: All exterior surfaces of any building shall be reasonable capable of withstanding the effects of the elements and decay. Any exterior surface which is deteriorated, decaying, disintegrating or which has lost its capability to reasonably withstand the effects of the elements shall be repaired. This includes the painting of extension surfaces; such surfaces shall be free'of chipping or flaking paint. 3. Windows and Exterior Doors: Every window, storm window, exterior door, exterior storm door, basement or cellar door and hatchway shall be substantially weather- tight, water-tight,wind-fight and rodent-proof; shall be equipped with all appropriate hardware; shall be capable of being easily opened unless designed to be fixed; and all windows, exterior doors and screens shall be kept in good repair. 4. Stairways and Porches: Every inside and outside stairway and porch and .every appurtenance thereto shall be maintained in a good state of repair and free from rotting, loose or deteriorating supports, rails, floors and stairs so as to be safe to use and capable of supporting the loads that normal use may cause to be placed thereon. 5. Accessory Structures: All garages, tool sheds and all other accessory structures shall be kept in good repair so as not to be unsafe or a harborage for rats and other rodents. Fences and roadside mailboxes shall be maintained in good repair, solid and in the same condition required for other exterior surfaces. If attached to the exterior of a building, a television antenna shall be firmly and securely fastened to the building and shall be maintained in good repair. No television antenna shall be attached to any tree location on public property. 6. Vegetation: No real estate within the Village shall have uncontrolled growths of vegetation in violation of A_rtide XIV of Chapter 23 of the Municipal Code of the Village of Mount Prospect. No dead trees shall be allowed to remain on real estate within the Village for more than three (3) months. 7. Driveways and Walkways: Cement or asphalt driveways and parking areas shall be maintained free of loose or broken material, cracks which are safety hazards, and such driveways and parking areas shall be repaired as necessary to avoid safety hazards. Stone driveways, walkways and parking areas shall be maintained in forms designed to prevent the spread of gravel to public ways, easements and adjoining private property. 8. Gutters, Downspouts and Sump Pumps: All gutters and downspout shall be maintained free of debris which might prevent.their proper function(rig and shall not be allowed to discharge in a manner which might create unnecessary erosion. All gutters and downspout shall be securely fastened to the building which they serve. No sump pumps shall discharge across the surface of public property. Ail painted gutter and downspout surfaces shall be maintained free of chipping and flaking paint. 21.1305 21.1306 9. Ratproofing: Every building and the property on which such buildings are located shall be maintained in a rat-free and ratproof condition. 10. Plumbing: Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good and ~nitary working condition. 11. Ingress and Egress: The means of ingress to and egress from any building, including but not limited to, hallways, corridors, stairs and porches, shall be maintained in good repair and free from any obstructions. 12. Protective Railings: Any handrails, guardrails or other types of protective railings required to be constructed or installed under any provision of the Municipal Code of the Village or which have otherwise been constructed and installed shall be maintained in good repair. All painted surfaces on handrails, guardrails and other protective surfaces shall be maintained free of chipping and flaking. 13~ Storage of Motor Vehicles: No licensed or unlicensed motor vehicle or part thereof shall be abandoned, parked or stored if such motor vehicle or part thereof is in an abandoned, wrecked, dismantled or inoperative condition, upon any private property within the Village, for a period in excess of thirty (30) days unless such motor vehicle or part thereof is completely enclosed within a building in a lawful manner, where it is not plainly visible from the street or other public or private properties, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or repair shop. During the thirty (30) day period during which such dismanfled, wrecked or inoperative vehicles may be abandoned, parked or stored outdoors on private property, such vehicles or parts thereof may only be parked and stored on the portion of the rear yard of the property which is paved and customarily used for driveway purposes. 14. Garbage and Debris Accumulation Prohibited: Accumulation of garbage and debris which violates the provisions of Article I1 of Chapter 19 of the Municipal Code of the Village is prohibited. Sec. 21.1306. Responsibilities of Owners and Operators. Every owner and/or operator of a building or real estate shall: A. Compliance with Duties: Comply with all duties imposed by this Article. Furthermore, no owner or operator shall let to another person any building or real estate unless such building or real estate or both are dean, sauitary, fit for human use and occupancy, and comply with all applicable provisions of local, State and Federal law. 21.1306 21.1307 B. Shared Area and Facilities: Maintain in a clean and safe condition the shared or public areas of a building and the real estate on which it is located including parkways, and maimain and repair any equipment or facilities which said owner or operator supplies or is required to provide under this Article. C. Extermination: Prevent infestation of any building and exterminate any insects, rodents or other pests in any building. D. Garbage and Rubbish Disposal: Supply and maintain facilities for the temporary storage and disposal of garbage and rubbish as required by Chapter 19 of the Municipal Code of the Village and provide for the collection of garbage and rubbish from the premises in the manner provided in said Chapter. E. Accumulation of Debris and Storage of Goods: No owner of a building or real estate shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal or any other materials in such a manner that such accumulation may provide a rat harborage or fire hazard. F. Owners Responsibility for Removal of Graffiti: 1. For the purposes of this section the term "Graffiti" shall mean the inscription or marking of any wail, fence, sign, sidewalk, pavement, post, stone, tree or other natural object, or any other public or private structure or building by carving, the application of paint, or other substance, or by any other means, other than as permitted by the ordinance of the Village of Mount Prospect. 2. It is unlawful for the owner of any real property upon which graffiti is placed to fail to remove, cover or otherwise eradicate such graffiti within thirty (30 days of receipt of a notice to remove graffiti by the Village of Mount Prospect. Sec. 21.1307 Responsibility of Occupants. Every occupant of a building or real estate shall: Maintenance: Maintain in a safe and sanitary condition that part of a building or real estate or both which such occupant controls and be responsible for rmsuse of common areas and facilities. B. Garbage and Rubbish Disposal: Disposal of ail garbage 'and rubbish in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary. C. Accumulation of Litter, Debris and, Storage of Goods: No person shall place on any real estate or in a building or on the real estate upon such building is located any material which causes a fire hazard or otherwise endangers the life, health or safety 21.1307 21.1310 of any person or constitutes a blighting or deteriorating influence on the prem/ses or neighborhood, nor place in storage on the premises any furniture, equipment or material which harbors insects, rodents or other pests or is conducive to infestation. Sec. 21.1308. Additional Responsibilities of Owners and Operators of Hotels and Motels. A. General Responsibilities: Every owner or operator of a hotel or motel shall comply with the provisions of this Article. B. Additional Responsibilities: The owner or operator of every hotel or motel shall be responsible for the following: 1. The sanitary maintenance of all walls, floors and ceilings and for the maintenance of a sanitary condition in every part of the hotel or motel. 2. The extermination of any insects, rodents, or other pests wherever found in the hotel or motel. 3. The sanitary maintenance and extermination of the premises. 4. The disposal of all garbage and rubbish by supplying each rooming unit with facilities for storage and disposal of garbage and rubbish and by providing for the general garbage and rubbish storage, disposal and collection needs of the hotel or motel in accordance with the requirements of Article II of Chapter 19 of the Municipal Code of the Village. Sec. 21.1309. Transfer of Responsibility. A contract effective as between owner and operator or operator and occupant or owner and occupant with regard to compliance hereunder shall not relieve any person of the requirements imposed by this Article upon such owner. Sec. 21.1310 Rules and Regulations. The Enforcement Officer is authorized to adopt such written rules and regulations as may be necessary for the proper interpretation and enforcement of this Article. Such roles and regulations shall not conflict with or waive any provisions of this Article or any other ordinance of the Village. Such rules and regulations shall be submitted to the President and Board of Trustees for approval and no such rule or regulation shall be effective without such approval. Such rules and regulations, upon approval of the President and Board of Trustees, shall be kept on file with the Enforcement Officer for public examination. Such rules and regulations shall have the force and effect of this Article and shall continue in effect until revoked by the Enforcement Officer with the approval of the President and Board of Trustees. 21.1~11 21.1~12 Sec. 21.1~11. Inspections and Right of Entry. A. Inspections Authorized: The Enforcement Officer is hereby authorized to conduct inspections of buildings, accessory structures and the real estate on which they are located to enforce the provisions of this Article in response to complaints or whenever the Enforcement Officer shall deem such inspections necessary; provided, however, that such inspections must be made at reasonable times and upon reasonable notice to, and with the consent of, the owner or operator and the occupant, except when an emergency requires immediate action. B. Inspection Upon Warrant: Whenever the Enforcement Officer, after presemation of p[oper credentials and request for authorization to inspect, is refused access to any building or the premises thereof, the Enforcement Officer is authorized to petition any judge for the issuance of a search warrant or other court order authorizing the inspection of such building or the premises thereof for the purpose of making such inspections as shall be necessary to the enforcement of the provisions of this Article. C. Owner's Right of Entry: Every occupant of a building or portion thereof shall give the owner thereof, or its agent or employee, access to any part of such building, or its premises, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Aa'tide Entry pursuant to this subsection shall be made only at reasonable times and after reasonable notice to the occupant unless an emergency requires immediate action. Sec. 21.1312. Notice of Violations. Notice Required: Whenever in the opinion of the Enforcement Officer after an inspection of a building or real estate as provided herein any violation of the provisions of this Article is found to exist, the Enforcement Officer shall, within ten (10) days after discovery thereof, serve written notice of such alleged violation upon 2the owner, operator or occupant responsible therefor. B. Method of Service: Notice shall be given either by personal service or by mailing a copy thereof to the alleged violator by certified mail, return receipt requested, at his last known address or, in the event neither of these is effective to actually notify the alleged violator, by posting a copy thereof in a conspicuous place in or about the building containing the alleged violation. C. Required Contents: Such notice may include more than one alleged violation; shall demand compliance with this Article; and shall specify a period of time for compliance, which shall be such time as, in the opinion of the Enforcement Officer, is reasonably required to effect changes necessary for compliance. Sec. 21.1312 21.1314 D. Permissible Contents: Such notice may contain an outline of remedial action which if taken will effect compliance with the provisions*of this Article and with any rules and regulations adopted pursuant thereto. Sec. 21.1313. 1E. ffect of Noncompliance. If any alleged violation, of which notice has been given in conformity with this Article, is not corrected or eliminated within the time specified in such notice, then: Violator Subject to Penalty: The responsible owner, operator or occupant shall be subject to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($$00.00) for each day each such violation exists after expiration of the time specified for correction in the notice given pursuant to Section 21.1312 of this Article; and B. Designation of Dwelling as Unfit for Human Use or the Use Intended: The building or portion thereof where the violation was found shall be subject to designation as unfit for human use or the use intended in accordance with the procedures set forth hereinafter; or C. Designation of Dwelling as Dangerous and a Public Nuisance: Where the alleged violations are of such a nature or extent that, in the opinion of the Enforcement Officer, they render all or any portion of the building unsafe and dangerous to the life, safety, morals or the general health and welfare of the occupants or the residents of the Village, or where the building or any portion thereof is uncompleted or has been abandoned, the Enforcement Officer may declare and designate the building, or portion thereof, as dangerous and a public nuisance in accordance with the procedures set forth hereinafter. Sec. 21.1314 Designation of Building as Unfit for Human Use' or the Use Intended, Procedures. Whenever any building or portion thereof is subject to designation as unfit for human use or the use intended under the provisions of Section 21.1313, the Enforcement Officer shall carry out such designation in compliance with the following procedures: A~ Notice and Placarding: The Enforcement Officer shall serve notice of the designation of the building or portion thereof as unfit for human, use or the use intended upon the owner, operator and occupant thereof. Service shall be by certified mail, return receipt requested, and by posting of a placard at each entrance of the affected building. B. Contents: The notices and placards required by subsection A hereof shall state that the affected building or portion thereof is by such notice or placard declared to be Unfit for human use or the use intended in accordance with the provisions of this Article; shall state the specific uncorrected violations of this Article leading to such 21.1314 21.1316 designation and the person or persons responsible for the correction thereof; and' shall order the affected building or portion thereof to be vacated within a specific reasonable period of time as determined by the Enforcement Officer, which may be immediately where conditions exist presenting immediate hazards to human life, health or safety. Such notices and placards shall further state the right of any aggrieved person to file an appeal pursuant to Section 21.1321 of this Article within thirty (30) days of the date of the receipt of such notice. C, Defacing or Removing Placard: No person shall deface or remove the placard required by subsection A hereof from any building which has been designated as unfit for human use or the use intended and placarded as such, except as provided in Section 21.1315B of this Article. 21.1315. Effect of Designation of Building ns Unfit For Human Use or the Use Intended. A. Vacation Required: Any building or portion thereof designated as unfit for human use or the use intended shall be vacated within the time specified by the Enforcement Officer pursuant to the provisions of Section 21.1314 of this Article. B. Conditions for. Resumption of Human Use or the Use Intended: No building or portion thereof which has been designated as unfit for human use or the use intended in accordance with Section 21.1314 of this Article shall again be used for human use or the use intended until written approval is secured from, and the placard so designating it is removed by, the Enforcement Officer, who shall remove such placard only when the defects upon which the designation was based have been eliminated., and after the building or portion thereof has been inspected and found to comply in all respects with the requirements of this Article. See. 21.1316 Designation of Building as Dangerous and a Public Nuisance, Procedures. Whenever any building or any portion thereof is subject to designation as dangerous and a public nuisance under the provisions of Section 21.13t3C of this Article, the Enforcement Officer shall carry out such designation in compliance with the following procedures: A. Notice and Placarding: The Enforcement Officer shall serve notice of the designation of the building or portion thereof, as dangerous and a public nuisance, upon the owner, operator, and occupant of record. Service shall be by certified mail, return receipt requested, and by posting a placard at each entrance of the affected building. Where the identity or whereabouts of the owner or occupant cannot be ascertained, notice mailed to the person or persons in whose name'the premises were last assessed shall be sufficient notice. See. 21.1316 21.1316 B. Contents: The notice and placards required by subsection A hereof shall state that the affected building, or portion thereof, is by such notice or placard declared to be dangerous and a public nuisance in accordance with the provisions of this Article; shall state the specific alleged uncorrected violations of this Article deemed sufficient 'to justify such designation; and shall further state that such designation may result in an order for demolition. Such notice shall require the party to appear before the Enforcement Officer at a hearing to be held at a specified place and tie, not less than ten (10) days following the date of the notice, to show cause why the designated building, or portion thereof, should not be vacated and repaired or demolished in accordance with the provisions of this Article. - C. Defacing or Removing Placard: No person shall deface or remove the placard required by subsection A hereof from any building, or portion thereof, which has been designated as dangerous and a public nuisance, except as provided in Section 2L1317E of this Articie. D. Hearing and Findings: At the appointed time and place, the Enforcement Officer shall hear such testimony as the interested parties shall offer relative to the designated building, or portion thereof, and shall, based on such testimony and investigation, make written findings of fact as to whether the building is properly designated as dangerous and a public nuisance. E. Exterior Openings in Vacant Structures: 1. Exterior Openings to be Secured: a. Any exterior opening in a vacant structure which, in the judgement of the Director of Inspection Services, has fallen into disrepair under the requiremems of the Property Maintenance Code (Article XIII of Chapter 21 of the Village 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. b. The wood or other nonpenetra~ble 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. No structure of portion of a structure that has been boarded up pursuant to the provisions of Section 21.1316E shall be required to be painted if said vacancy is reasonable anticipated to remain for a period of fourteen (14) days or less. 2. Permit Required: a. No building may be boarded up in the Village of Mount Prospect without 21.1316 2L1317 first ob~inin~ a p[ermit from the Inspection Services Deparmaem. Application for said permit shall be accompanied by a statement describing with particularity the type of materials to be used for the boarding up and the exact area to be boarded up. The fee for said permit shall be twenty-five dollars ($25.00) b. In the event that a structure is rendered vacant as a result of fire or other sudden catastrophic occurrence, such that a permit cannot be reasonable 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. c. Not withstanding the requirements contained herein, any structure rendered vacant due to fire or other sudden catastrophic occurrence shall not be required to pay the permit fee provided in paragraph 2a herein. Sec. 21.1317. Effect of Designation of Building as Dangerous and a Public Nuisance. A. Order: Upon a finding pursuant to Section 21.1316 that the building, or portion thereof, has been properly designated as dangerous and a public nuisance, the Enforcement Officer shall issue an order to the owner, operator, and occupant of record, commanding the owner to vacate and repair or demolish the building, or portion thereof; authorizing any owner of record to demolish such building, or portion thereof, at their own risk to prevent the attachment of a Village lien, as provided in subsection D hereof; and shall authorize any person so notified to vacate or repair such building, or part thereof. B. Petition to Circuit Court: Unless the designated building, or portion thereof, shall have been vacated and the repair or demolition thereof commence within fifteen (15 days of the issuance of an order pursuant to subsection A hereof, the President and Board of Trustees of the Village shall petition the circuit court of the county in which the premises are located, pursuant to the provisions of Chapter 24, paragraph 11-31-1 of the Illinois Revised Statutes, for an order requiring such vacation and authorizing such demolition or repair. C. Repair or Demolition by Village: Upon receipt of an order of court authorizing such action, the Enforcement Officer shall cause the designated building, or portion thereof,, to be repaired or demolished, as the factors may warrant, by the Village. Provided, however, that where the Enforcement Officer finds it to be in the best interest of the Village and its residents, the Enforcement Officer shall notify the President and Board of Trustees of the Village and request them to take all actions necessary to compel repair or demolition by the owner, including the application for an injunction pursuant to Chapter 24, paragraph 11-31-2 of the Illinois Revised Statutes. 21.1317 21.1321 E. Conditions for Resumption of Use: No building, or portion thereof, which has been designated as dangerous and a public nuisance in accordance with Section 21.1316 of thi.~ Article shall again be used for any purpose until and unless written approval is secured from, and the placard so designating it is removed by, the Enforcement Officer, who shall remove such placard only when the defects upon which the designation was based have been eliminated, and after the building, or portion thereof, has been inspected and found to comply in all respects with the requirements of this Article. Sec. 21.1318 Emergency Cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person ~mless a building, or portion thereof, is immediately repaired or demolished, the Enforcement Officer shall request the President and Board of Trustees to waive all the foregoing provisions of thi~ Article and to proceed directly to secure a demolition order according to the procedures of Chapter 24, paragraph 11-31- I of the Illinois Revised Statutes, and the President and Board of Trustees may, in their discretion, so proceed. Sec. 21.1319 Assistance of Village Attorney. Whenever any person fails refuses or neglects to obey an order issued pursuant to this Article or in any other manner does not comply with the duties imposed upon him by this Article, the Village Manager may notify the Village Attorney of the circa~m.~tances and request the Village Attorney to institute such legal action as may be required to effect compliance. Sec. 21.1320 Imposition of Penalty No Bar to Legal Action. The imposition of any penalty pursuant to this Article shall not preclude the Village from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawftfl repair or maintenance; to restrain, correct or abate a violation; to prevent the occupancy of a building; to require compliance with the provisions of thi~ Articie or other applicable laws, ordinances, rules or regulations, or the orders and determination of the Enforcement Officer or the Safety Commi~ion. Sec. 21.1321 Appeals. Appeals may be taken by the following persons, at the following times, in the following manner, and with the following effects to the Safety Commission established by Article X of Chapter 5 of the M~mlcipal Code of the Village which shall make recommendations on such appeals to the Village Manager who shall have final authority to decide appeals: Scope of Appeal: An appeal may be taken from any decision of the Enforcement Officer, made pursuant to the authority conferred by this Article, which finds a violation of any provision of this Article; designates any building or portion thereof as unfit for human use or the use intended or dangerous and a public nuisance; orders the vacation, repair or demolition of any building or portion thereof; refuses to authorize the resumption of human use in any building or portion thereof; 21.1~1 21.1~1 interprets this Article; or which in any other manner adversely affects an owner, operator or occupant of a bulIdlng or portion thereof subject to the provisions of this Article. B. Persons Entitled to Appeal: Any person aggrieved by a decision within the scope of subsection A hereof may appeal from such decision. C. Time for Appeal: An appeal shall be commenced within ten (10) days of the date of the receipt of notice of the decision appealed from. Appeals not commenced within such time shall be deemed waived. D. Commencement of Appeal: An appeal under thin Section 21.1321 shall be commenced by filing with the Enforcement Office a notice of appeal, specifying the grounds thereof, and by filing said appeal and a copy of said notice of appeal with the secretary of the Safety Commission and with the Village Manager. The Enforcement Officer shall forthwith transmit to the Safety Commission and the Village Manager all of the papers constituting the records upon which the decision from which appeal has been taken was made. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form, and contain such information as the Village Manager may provide from time to time by general rule. E. Stay Pending Appeal: An appeal shall stay all proceedings in furtherance of the decision appealed from and all duties imposed thereby, unless the Enforcement Officer certifies to the Village Manager, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate hazards to h,man llfe, health or safety; in which case the proceedin~ shall not be stayed otherwise than by a restraining order, which may be granted by the Village Manager or by a court of record upon application following notice to the Enforcement Officer and upon due cause shown. Any stay in effect pursuant to this subsection E shall continue until a decision on the appeal is rendered pursuant to subsection F hereof. F. Action on Appeal: The Safety Commission shall select a reasonable time and place for a public hearing on the appeal, shall give due notice thereof in writing to the parties having a known interest therein and shall render a written recommendation thereon by a concurring vote of a majority of its members which shall be forwarded to the Village Manager within ten (10) days after the date of the public hearing. The Village Manager shall review the records forwarded by the Enforcement Officer, the transcript of the public hearing and the recommendations of the Safety Commission within fifteen (15) days after receipt of the recommendations of the Safety Commission and shall within said fifteen (15) days decide the appeal and mail written notice of such decision to the person who filed such appeal. The Village Manager may reverse or affirm, in whole or in part, or may modify, the decision from which the appeal was taken, and to that end the Village Manager shall have all the 21.1321 2L1323 powers of the Enforcement Officer with respect to such decision. Sec. 21.1322 Records. The Enforcement Officer shall maintain a record of the following: A. Each and every complaint received by or referred to the Enforcement Officer of any alleged violation of this Article; and B. Any investigations undertaken or directed by the Enforcement Officer and any and all reports or other documents related to such investigation, and C. Any and all warrants and notices related to the enforcement of the provisions of this Article. Sec. 21.1323 Severability Clause. If any provision or part thereof this Article is declared invalid and of no further force and effect, the other provisions of this Article shall remain in full force and effect. Chapter 21 SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: Busse, Clowes, Corcoran, Flores, Hoefert, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 5th day of January , 1993.. ATTEST: Carol A. Fields Village Clerk