2-22-040 Commissioner of Buildings – Powers and duties.

   The duties of the Commissioner of Buildings shall be:

   1.   (a)   to enforce the provisions of the building code, including all rules promulgated thereunder;

      (b)   to establish a compliance procedure to determine whether violations have been corrected;

   2.   (a)   to examine and approve plans, and to issue all permits, as may be required by this Code;

      (b)   to suspend or revoke permits issued: (i) in error; (ii) for work contrary to this Code; or (iii) based on false information, or when work performed either exceeded or was contrary to the scope of the permit or the approved plans;

      (c)   the Commissioner may promulgate rules for the suspension or revocation of permits under subsection 2(b) of this section consistent with the requirements of due process of law;

   3.   to examine, regulate, license, certify or register the occupations and professions involved in the permitting or the construction, erection, addition, alteration, repair, rehabilitation, demolition or maintenance of buildings or structures and related mechanical systems pursuant to this Code. The Commissioner shall have the powers reasonable and necessary to carry out such duties, including, but not limited to:

      (a)   preparing forms for applications for examinations;

      (b)   preparing forms for license certificates and issuing them in conformity with the provisions of this Code;

      (c)   preparing subject matter for examination;

      (d)   preparing and giving uniform examinations to applicants for licenses which will test their qualifications in their respective professions;

      (e)   grading all tests and examinations for licenses;

      (f)   prescribing, where appropriate, standards for what shall constitute a recognized college, university, or trade school and determining the conformance to such standards;

      (g)   suspending or revoking any license, registration or certification issued under the provisions of this Code for cause as set forth in Section 13-8-140 of this Code, or pursuant to the child support compliance provisions of Section 4-4-152 of this Code, or upon determination by the Commissioner that the licensee or registrant shall have violated any other provision of this Code or any of the statutes of the state related to the regulated or registered occupation; provided, however, that where the license, registration or certification suspension or revocation is based on Section 4-4-152 of this Code, the hearing shall be administered pursuant to the rules of that section;

      (h)   suspending the ability of any applicant, licensee, registrant, certificate holder or other person to submit new applications or complete pending applications for a building permit or other permit issued by the department for cause as set forth in Section 13-8-130 or Section 13-32-045 of this Code;

      (i)   keeping a full and correct detailed record of the official proceedings of the commissioner; preserving all documents, books and papers relating to examinations for licenses and hearings of complaints or charges; keeping a record of the names, ages, places of business and residences of all applicants for licenses and the disposition made of the applications, the number issued and rejected; keeping an up-to-date record specifying names and addresses of license holders of this city, including the dates of issuance of all such licenses; keeping a record specifying names, addresses, and dates of licenses suspended or revoked, the cause therefor, and licenses renewed;

      (j)   reviewing the permit fees set forth in Chapter 13-32 at least once every three years, as measured from January 1, 2009;

      (k)   issuing a cease and desist notice to any person performing work or offering to perform work without first having obtained the proper license, certification or registration;

      (l)   to establish, by rule, sub-classes and categories with regard to permits, licenses and registrations under the jurisdiction of the Commissioner;

      (m)   to set additional qualifications or requirements for licensees or registrants to perform work on a specific site or project that in the determination of the Commissioner requires a higher degree of professional expertise, experience or capacity to ensure the safe completion of the work or to safeguard the health and safety of workers, occupants or the general public;

   4.   to establish any other necessary rules as may be required by this Code in furtherance of the powers and duties prescribed herein;

   5.   to give public notice of any proposed rule, prior to its effective date, by posting the public notice and the proposed rule on the Department's public web page no less than ten days prior to the effective date of the proposed rule, or an amendment to the rule. Such public notice shall include information concerning where the rule can be reviewed and where comments may be directed;

   6.   to prepare and maintain all other records in addition to those which may be required in paragraph 3(h) of this section or as may be necessary for the efficient and orderly conduct of the business of the department;

   7.   to investigate and make recommendations, from time to time, to the Mayor, with respect to additions or revisions of this Code, as may be necessary for the enforcement and regulation required by this chapter;

   8.   to require that an inspection under his jurisdiction and required by this Code be undertaken pursuant to the mandate of, rather than by, the department. The Commissioner may authorize such mandated inspections if as a result of such inspections, documents are provided to the department that enable the department to conclude that the inspection has satisfactorily served its purpose;

   9.   except for approvals granted by the Zoning Administrator and governed by section 17-14-0202-O of the zoning ordinance, to issue any permits or grant any approvals relating to the construction and demolition of buildings or other structures, including permits and approvals on behalf of any other department or office, including any of the following: the Departments of Buildings, Water Management, Transportation, Streets and Sanitation, Planning and Development, Public Health or Finance; the Fire Department and the Mayor's Office for People with Disabilities; and in such cases any reference in this code to such other departments or offices may be considered a reference to the Department of Buildings or the Commissioner of the Department of Buildings;

   10.   to exercise the powers and to perform the duties given to the Commissioner in the Chicago Zoning Ordinance.

(Prior code § 13-4; Amend Coun. J. 4-25-90, p. 14807; 6-14-95, p. 2841; 10-2-95, p. 8019; Amend Coun. J. 7-29-98, p. 75051; Amend Coun. J. 12-4-02, p. 99026, § 2.2, Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 12-12-07, p. 17167, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. III, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 8, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2; Amend Coun. J. 5-9-12, p. 27485, § 3; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 1; Amend Coun. J. 2-22-17, p. 43876, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. V, § 1; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 2; Amend Coun. J. 1-23-19, p. 94952, Art. I, § 2)

 

Notes

4-4-152

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

17-14-0202-O

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.