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13-8-010 Building commissioner – Powers and duties.
13-8-020 Building commissioner – Personal liability.
13-8-030 Adoption of rules related to materials and workmanship.
13-8-031 Formal interpretations.
13-8-032 Alternative code approval.
13-8-040 Chapter conflicts – Stricter provisions shall govern.
13-8-050 Reserved.
13-8-060 Investigation of complaints – Records kept on file.
13-8-070 Disclosure of violations – Notice – Records – Investigation or inspection report – Certificate of results – Fee.
13-8-080 Reserved.
13-8-090 Open excavations.
13-8-100 Dangerous buildings and structures – Posting – Unlawful entry – Fine.
13-8-105 Buildings in violation of the building code and vacant lots in violation of the health and safety code – Commissioner's power to post and publish notice.
13-8-110 Removal of notice – Written permission required.
13-8-120 Work ordered by city – Warrant for collection issued to owner of record.
13-8-130 Permit privileges – Suspension.
13-8-140 License, registration or certification – Suspension or revocation.
13-8-150 License, registration or certification – Suspension, revocation and reinstatement petition and hearing.
The building commissioner shall institute such measures and prescribe such rules and regulations for the control and guidance of his subordinate officers and employees as shall secure the careful inspection of all zoning uses and all buildings, structures and mechanical installations for which a permit is required, while in the process of construction, erection, repair, demolition, or removal and the strict enforcement of the several provisions of this Code, relating to existing buildings and premises.
It shall be the duty of the building commissioner to administer and enforce the provisions of this Code that relate to zoning uses of property and to the erection, construction, alteration, repair, demolition, or removal and safety of buildings and structures and their related mechanical installations, and the use of buildings and premises with the exception of those provisions which by their terms are to be under the direct and immediate supervision of the board of health or of the bureau of fire prevention, or of such other departments, or officers of the city designated by such code provisions.
(Prior code § 41-1; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.6; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)
In all cases where any action is taken by the building commissioner to enforce the provisions of this Code, whether such action is taken in pursuance of the express provisions of a particular section or in a case where discretionary power is given by this Code to the building commissioner, such acts shall be done in the name of and on behalf of the city, and the building commissioner in so acting for the city shall not render himself or herself liable personally, and he or she is hereby relieved from all personal liability from 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 or her duties, and any suit brought against the building commissioner by reason thereof shall be defended by the corporation counsel until the final termination of the proceedings therein. The building commissioner shall be saved harmless from all costs or fees arising from such legal action.
(Prior code § 41-2; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.6; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-8-12, p. 38872, § 214)
The building commissioner may adopt rules not inconsistent with the building provisions of this Code with reference to materials and workmanship in construction, repair, equipment or maintenance of buildings, structures or premises except when the administration of any chapter or section is specifically placed in another official or department. The rules shall be published and shall be kept on file in the office of the building commissioner and copies of all such rules shall be transmitted to the city council at the first regular meeting held after the adoption of same.
(Prior code § 41-3; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 3-5-03, p. 104990, § 14; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 9-6-17, p. 55278, Art. V, § 1)
The building commissioner may adopt formal written interpretations of the building provisions of this Code. The interpretations shall be dated, sequentially numbered, and posted on the department's web site, and shall be kept on file in the office of the building commissioner.
The building commissioner may amend or revoke a formal written interpretation at any time.
(Added Coun. J. 9-6-17, p. 55278, Art. V, § 1)
(a) Upon application of an owner or owner's authorized agent, the building commissioner may approve an alternative method for complying with any requirement of the building code for individual cases where:
(1) Specifically authorized by a provision of the building code;
(2) There are practical difficulties in carrying out the strict requirements of the building code, specific individual reasons make the strict application of the building code impractical, the alternative to be approved will comply with the intent and purpose of the building code, and the alternative to be approved will provide equivalent or greater health protection, accessibility, life and fire safety, and structural performance; or
(3) A material, design, or method of construction not specifically allowed by the building code complies with the intent of the building code and will, in the specific application, result in a building or structure providing equal or greater quality, strength, effectiveness, fire resistance, durability, and safety as one meeting the strict requirements of the building code.
(b) The building commissioner shall charge a nonrefundable fee of $150.00 for the review of requests for alternative code approval. The building commissioner shall charge a nonrefundable fee of $300.00 for the review of requests for alternative code approval submitted after work has been completed without a required permit or is subject to a conditional permit.
(c) An alternative code approval applicable to work requiring a building permit is only valid if a building permit to complete the work is applied for within 12 months of the date the alternative code approval is granted, the building permit is issued after the alternative code approval is granted, and work under the building permit is diligently pursued to completion. An alternative code approval is not a building permit, nor may it waive any requirement to obtain a building permit.
(d) The details of action granting or denying a request for alternative code approval shall be recorded and kept on file in the office of the building commissioner.
(e) The building commissioner may require that requests for alternative code approval be prepared and signed by an architect or engineer licensed by the State of Illinois, or by a person registered or licensed under this Code.
(f) The building commissioner, in the building commissioner's sole discretion, may require any request for alternative code approval to be considered by the Committee on Standards and Tests pursuant to Section 13-16-020.
(g) Any alternative code approval granted by the building commissioner is wholly discretionary and case- specific and shall not have any precedential effect nor shall it require the building commissioner to approve any similar request for alternative code approval in the future.
(h) The building commissioner may adopt rules not inconsistent with this section for the effective administration of this section.
(Added Coun. J. 9-6-17, p. 55278, Art. V, § 1)
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