The following sections are amendments to the international building code/2006, and correspond to the numbering system within said code:
Section 101.1 Title: Revise to read as follows:
101.1 Title. These regulations shall be known as the building code of the city of Batavia, hereinafter referred to as "this code".
Section 101.2 Scope: Revise the exception to read as follows:
Exception: Detached one- and two-family dwellings not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the residential building code of the city and not this code.
Section 101.4.1 Electrical: Revise to read as follows:
101.4.1 Electrical. Installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto shall comply with the provisions of the national electric code/2005 and not this code.
Section 101.4.4 Plumbing: Revise to read as follows:
101.4.4 Plumbing. Installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system shall comply with the provisions of the Illinois plumbing code/2004 and not this code.
Section 103.1 Creation Of Enforcement Agency: Revise to read as follows:
103.1 Creation Of Enforcement Agency. There is a building and inspection division for the city, created under section 1-8C of the municipal code. The building and inspection commissioner, building inspector, and the zoning officer designated under title 10 of the municipal code shall collectively be known as the "code official" as herein used.
Section 103.2 Appointment: Delete this section.
Section 105.1.1 Annual Permit: Delete this section.
Section 105.1.2 Annual Permit Records: Delete this section.
Section 105.2 Work Exempt From Permit: Delete numbers 1, 2, 3, 5, 10 under "Building". Revise number 4 to 3 feet.
Section 105.3.1.1 Pending Violations: Add a new section to read as follows:
105.3.1.1 Pending Violations. If during the time of review of said building application, informal or formal proceedings relating to the violation of any section of the Batavia municipal code, either related to the property which the then pending building permit application involves, or to other property within the city, controlled by the applicant for the pending permit, or relating to work on said other property being performed by the applicant under the pending permit application, a permit shall not be issued until final action has been taken on such informal or formal proceedings, unless authority for the issuance of the pending permit is granted by the city council.
Section 106.1 Submittal Documents: Revise to read as follows:
106.1 Submittal Documents. Construction documents, statement of special inspections and other data shall be submitted in four (4) sets with each permit application. The construction documents shall be prepared and sealed by a registered design professional. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Section 109.3.1.1 Foundation Location Survey: Add a new section to read as follows:
109.3.1.1 Foundation Location Survey. Upon completion of the foundation, a location survey verifying side, front, and rear lot dimensions, and top of foundation elevation, signed and sealed by a registered Illinois land surveyor shall be required before further construction may proceed. Construction beyond the foundation stage shall not proceed until said location survey has been submitted and approved by the building officer.
Section 109.3.8.1 Inspection Of Component Parts Of Prefabricated Structures: Add a new section to read as follows:
109.3.8.1 Inspection Of Component Parts Of Prefabricated Structures. In order to permit the use of component parts in a structure erected on a site within the city, which component parts are manufactured or fabricated at an off site location in such a manner as to comply fully with requirements of this title, but which arrive at the site of erection having the finish covering already installed and, thus, rendering inspection thereof impossible or difficult, then, in such cases the inspection required by this title at the time after the building is framed, roofed and rough wiring and plumbing installed, but before any finish covering is installed, will be waived if the following conditions are first satisfied:
1. That evidence satisfactory to the building officer shall be submitted to the building officer that the component part or parts are manufactured or fabricated by a manufacturer in a uniform manner and production control procedures are maintained and the records thereof are kept; copies of said records are made available to the building officer.
2. That plans and specifications for the component parts, prepared in such detail as to evidence compliance with the requirements of this title, are submitted to the building officer for approval, if found to be in compliance with the requirements of this title.
3. That said plans and specifications shall contain on each page thereof the certificate of a registered architect attesting that said plans and specifications provide for full compliance with the construction requirements of this title.
4. That there be furnished to the building officer, prior to the use of the prefabricated component part at the site of erection, a certificate of the manufacturer attesting to the fact that said part was constructed or fabricated in strict accordance to the applicable plans and specifications, which plans and specifications shall be specifically identified.
5. That a further requirement to permit the use of component parts in a structure erected on a site in the city will be that ICC (International Code Council) submit its certification (at the cost of the permittee) that the structure in question has been constructed according to its general specifications, or in the alternative, the city shall have the right to require that the building officer or his representative, travel to and from the place of manufacture of said building on the day of construction so that officer can fully inspect the building to be erected in the city; the builder or manufacturer being required to reimburse the city for one day's pay for the said building officer and to provide for the cost of the said building officer's transportation and/or other expenses for the said building officer incident to said inspection.
Section 109.3.10.1 Final Grading Completion: Add a new section to read as follows:
109.3.10.1 Final Grading Completion. Upon completion of final grading and prior to issuance of the final occupancy permit, a survey with spot elevations and contours showing positive site drainage and conformance with the grading plans, signed and sealed by a registered Illinois land surveyor or professional engineer shall be submitted for approval by the building officer or city engineer. Said survey shall also show the nearest storm inlet structure with grate elevation and invert.
Section 110.3.1 Temporary Occupancy, Winter: Add a new section to read as follows:
110.3.1 Temporary Occupancy, Winter. A temporary occupancy permit may be issued between November 15 and May 15, if the city determines that inclement weather or ground conditions prohibit final lot grading, the final adjustment of water curb stops and "buffalo boxes", the installation of public sidewalks and driveway approaches, and/or the installation of the sump discharge to the storm sewer. In such case the following deposits shall be posted in cash or certified check: two thousand five hundred dollars ($2,500.00) for grading of a residential lot, five thousand dollars ($5,000.00) for grading of a commercial or industrial lot, three hundred dollars ($300.00) for "buffalo box" adjustment, three hundred dollars ($300.00) for sump discharge connection, six dollars per square foot for sidewalk installation, and forty-five dollars per square yard for driveway approach installation. Said temporary occupancy permit shall be of a specific duration and allow a reasonable period of time for the completion of delayed work, including inspection of same. Said deposit shall be used by the city to arrange for completion of said work if it is not completed within the time limit delineated with the temporary occupancy permit.
Section 110.3.1.1 Life And Fire Safety: Add a new section to read as follows:
110.3.1.1 Life And Fire Safety. No temporary occupancy shall be granted if fire alarm, fire suppression, or life safety work have not been completed.
Section 112.0 Appeal Of Code Official Decision: Revise to read as follows:
1. Appeal Of Code Official Decision. Any person aggrieved by the decisions of the code official may appeal said decision. Application for appeal may be made when the party asserts that the intent of the code has been met by the party's submitted plans or construction or that the code has been incorrectly interpreted or that substitute construction and protective assemblies and systems will provide as good as or better structure or building when completed. Any appeal shall be in writing as set forth below.
2. The committee of the city council as designated by the city administrator from time to time shall receive and review any written application for appeal of any such decision of the code official. Such appeal must be filed with the code official within ten (10) days of the code official's written decision.
3. Within forty-five (45) days of the date of filing the written appeal, the designated committee shall meet in public session and take evidence from the party filing the appeal and the code official with respect to the subject of the appeal.
4. At the conclusion of the taking of the evidence, the committee shall make written findings of fact together with its recommendation and forward same to the full Batavia city council.
5. The final decision as to whether the appeal shall be granted shall be made by the city council. In making this decision, the city council shall review only the record of the evidence taken by the designated committee, which shall include the committee's findings of fact and recommendation. No further evidence may be presented to the city council. The granting of an appeal not constituting a variation to the Batavia municipal code shall be accomplished by a majority vote upon an appropriate motion. Any variation to the Batavia municipal code shall be by duly adopted ordinance.
(Ord. 07-03, 3-5-2007, eff. 4-1-2007)