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(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)