13-8-030 Adoption of rules related to materials and workmanship.

   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)

13-8-031 Formal interpretations.

   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)

13-8-032 Alternative code approval.

   (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)

13-8-040 Chapter conflicts – Stricter provisions shall govern.

   In case of any conflict between the provisions of the various chapters administered or enforced by the building commissioner, the stricter provision shall govern.

(Prior code § 41-4; 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)

13-8-050 Reserved.

Editor's note – Coun. J. 11-21-17, p. 61755, Art. I, § 1, repealed § 13-8-050, which pertained to application approval denial – written refusal – appeal.

13-8-060 Investigation of complaints – Records kept on file.

   It shall be the duty of the Building Commissioner to cause an investigation to be made of all complaints made to the Department which said Commissioner deems to be both reasonable and within the Department’s jurisdiction. The Commissioner shall prioritize investigations based upon considerations of public health and safety. A record of such investigation shall be kept on file together with the reports and any findings by the inspector or inspectors if the investigation resulted in an inspection.

(Prior code § 41-6; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 1-23-19, p. 94952, Art. I, § 7)