13-8-130 Permit privileges – Suspension.

   (a)   The Commissioner of Buildings may suspend the ability of any person to submit new applications or complete pending applications for a building permit, sign permit, electrical permit or other permit issued by the Department of Buildings when the Commissioner determines that the person:

      (1)   performed or directed work requiring the issuance of a permit under this Code without the issuance of such permit; or

      (2)   performed or directed work deviating from the drawings, plans or scope of work approved by the appropriate department issuing the permit in any work done under the authority of a permit issued pursuant to this Code where said deviation would require a prior written approval other than an in-field approval of the issuing department or such deviation would require the issuance of a new or revised permit; or

      (3)   performed or directed work in violation of a stop work order; or

      (4)   performed or directed work that results in the issuance of a stop work order by the City under section 13-12-080, 13-32-120, 13-32-130 or 17-16-0506 of this Code; or

      (5)   upon completion of work requiring a rough or final inspection or certification, failed to contact the department to schedule a required inspection or failed to submit a required certification; or

      (6)   upon completion of work requiring a certificate of occupancy, failed to contact the department to obtain a required certificate of occupancy; or

      (7)   utilized or directed any person of a building or construction trade or craft who is not licensed, certified or registered by the City to perform work that is required to be performed by a person licensed, certified or registered by the City; or

      (8)   when a permit requires the listing of the name or identification number of a person required to be licensed, registered or certified by the City to perform the work, utilized or directed any person of a building or construction trade or craft to perform work other than the person or entity whose name or identification number is listed on the permit; or

      (9)   listed or allowed the listing or use of one's license, certification or registration name or identification number on a permit application or a permit when that work is performed by another person; or

      (10)   made a false statement on a permit application or aided and abetted another person in making a false statement on a permit application; or

      (11)   performed or directed work contrary to this Code or failed to perform work required by this Code, and such action resulted in a substantial defect, error or deficiency requiring a reinspection or re-review by the department; or

      (12)   failed to correct any substantial defect, error or deficiency as directed by the department; or

      (13)   performed or directed work that poses an immediate or imminent threat to the health and safety of workers or the public; or

      (14)   has been indicted or charged under any State or federal law with the offense of bribery of a public official or fraud upon a public body or similar offense; or

      (15)   has unpaid fines and fees due and owing to the United States Department of Labor Occupational Safety and Health Administration for violations relating to workplace safety or unsafe work practices.

   (b)   If the Commissioner suspends the ability of any person to submit new applications or complete pending applications for a building permit or other permit issued by the Department of Buildings pursuant to this section the Commissioner shall:

      (1)   notify the person in writing by first class mail at the address of record on the person's license, registration or certificate attesting to the basis for the suspension and a statement that no new permit applications or pending permit applications for any work at any location other than to correct the basis for the suspension will be accepted or processed until the basis for the suspension is corrected and verified by the department;

      (2)   include a statement that the person may file a written request with the Commissioner to contest the basis for the suspension;

      (3)   include a statement that in addition to any other fees and fines, a fee of $150.00 shall be paid to the City for each inspection or review conducted by the City to verify compliance; and

      (4)   include a statement that if the person contests the basis for the suspension and does not agree with the final decision of the Commissioner, the person may appeal the final decision to a court of competent jurisdiction.

   (c)   (1)   If the Commissioner suspends the permit privileges of a person under this section, the person may file a written petition with the Commissioner for reinstatement of the permit privileges. The petition shall include proof that the noncompliance has been abated or corrected and that all related fines and fees have been paid. In addition to any other fees and fines, a fee of $150.00 shall be paid to the City for each inspection or review conducted by the City to verify compliance. If the Commissioner suspends any person’s permit privileges under this section, the Commissioner may process an application for or revision to a permit if the permit is for work that would correct the basis for the suspension of permit privileges.

      (2)   If the commissioner reinstates a person’s permit privileges in accordance with subsection (c)(1) of this section, such person shall not be listed on more than ten active permit applications at anyone time for a period of one year from the date of such reinstatement.

   (d)   For purposes of this section:

   “Substantial defect. error or deficiency” means any work that creates a danger to the health or safety of workers on the site to current or eventual users or occupants of the building, structure, premises or part thereof, or to the public.

   “Noncompliance is corrected” means that the work or deviation or omission or other noncompliance has been corrected and the correction has been verified and approved by the department. If the work cannot be corrected due to the work not being eligible for the approval of a permit under this Code, then the term “noncompliance is corrected” shall mean that the building, structure and property has been fully returned to its pre-work state in a manner consistent with all health and safety provisions of this Code, or the building, structure and property has been fully brought into compliance as verified by the department with any applicable settlement agreement, consent decree or order by a court of competent jurisdiction.

   “Suspend the ability of' or “suspend the permit privileges of' includes, but is not limited to: (1) deactivating the ability of the person to submit or update permit applications electronically; (2) suspending further processing of any permit applications that have been submitted but for which the permit has not been issued; (3) withholding approval of any permit applications that have been submitted but for which the permit has not been issued; and (4) declining to accept new permit applications submitted in any format whatsoever.

   (e)   The Commissioner may promulgate rules for the proper administration and enforcement of this section.

   (f)   Nothing in this section shall limit or affect the power of the City to issue a stop work order or exercise emergency closure powers under this Code or to suspend or revoke a license, certification or registration under this Code.

   (g)   Any person whose license, registration or certification is suspended or revoked may not be issued a new license, registration, certification or permit system identification number by the City during the period of suspension. In the event that the person whose license, registration or certification is suspended or revoked is an entity, then no controlling person(s) of that entity, as defined in Section 4-4-005 of this Code, may be issued a new license, registration, certification or permit system identification number by the City during the period of the suspension or revocation.

(Added Coun. J. 2-22-17, p. 43876, § 18; Amend Coun. J. 9-20-18, p. 84890, Art. III, § 1)

Editor's note – Coun. J. 7-29-98, p. 74835, § 3, repealed former § 13-8-130, which pertained to appeals of order or determination pertaining to the closure or demolition of any building.

 

Notes

17-16-0506

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.

4-4-005

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.