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)

13-8-070 Disclosure of violations – Notice – Records – Investigation or inspection report – Certificate of results – Fee.

   When an investigation or investigations, whether upon complaint or otherwise, disclose the existence of a violation or violations of the building provisions of this Code, that are likely to endanger life and safety in cases of this fire, panic, or other accident, or endanger or impair the health of any occupants of any building, structure or place covered by the regulations of this Code, the buildings commissioner shall give notice in writing to an owner, agent or registered agent, occupant, lessee or person in possession or control of such building, structure, premises or place to make such changes, alterations or repairs, or to perform such work, or to take such action as the provisions of the Code, or the safety or health of any person may require within such time as shall be designated by the building commissioner, which shall in no event exceed 15 days after the service of such notice unless the commissioner deems a longer period necessary and reasonable.

   In the event that the changes, alterations, repairs or requirements ordered by the notice of the building commissioner are not made or performed to the satisfaction of the building commissioner within the time specified in the notice, the commissioner may institute enforcement proceedings based on violations of this Code by instituting an administrative adjudication proceeding with department of administrative hearings as provided in Chapter 2-14 or by referring the matter to the corporation counsel for prosecution. Nothing in this section shall be construed as prohibiting the referral of violations of this Code to the department of administrative hearings or to corporation counsel for prosecution irrespective of whether the notice of violation specified herein was transmitted or received.

   The records of such investigation, including inspections of a building, structure, premises and contents thereof, shall be preserved as public records and shall be admissible in an administrative or judicial enforcement proceeding as prima facie evidence as to the contents thereof.

   Upon request of the owner or his agent, it shall be the duty of the building commissioner to issue or cause to be issued to the owner or his agent, a statement attesting that such building, structure or premises either complies in substantial respects with or is in violation of the building provisions of this Code in the respects enumerated, such certificate to be a report of the information contained in the records of the department of buildings and not a finding, estoppel, or legal determination. No person shall use or rely upon the certificate or the information contained therein as a basis for any legal action against the city.

   The fee for said certificate shall be payable to the comptroller and shall be computed as follows:

      (a)   $100.00 for one dwelling unit and $50.00 for each additional dwelling unit.

      (b)   $100.00 for inspection by each additional bureau of the department of buildings as requested by the owner or his agent.

(Prior code § 41-7; Amend Coun. J. 7-9-84, p. 8218; 9-13-89, p. 4604; 7-12-90, p. 18289; 11-17-93, p. 42192; 6-14-95, p. 2841; 10-2-95, p. 8019; Amend Coun. J. 4-29-98, p. 66565, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 10)

13-8-080 Reserved.

Editor’s note – Coun. J. 1-23-19, p. 94952, Art. III, § 1, repealed § 13-8-080, which pertained to building code violation, information, and public access.