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Prior Chicago Building Code
BUILDING CODE AND RELATED EXCERPTS OF THE MUNICIPAL CODE OF CHICAGO
DIVISION 1 - ADMINISTRATION
Subdivision 101 - General
Subdivision 104 - Duties and Powers of Officials
Subdivision 105 - Permits and Fees
Subdivision 106 - Construction Documents
Subdivision 109 - Inspections
Subdivision 110 - Registration and Certificates
Subdivision 111 - Utilities
Subdivision 112 - Boards and Commissions
Subdivision 113 - Violations and Enforcement
Subdivision 115 - Unsafe Structures and Equipment
Subdivision 116 - Licensing
Subdivision 117 - Ethics
Subdivision 118 - Limitations
DIVISION 2 - DEFINITIONS
DIVISION 3 - USE AND OCCUPANCY CLASSIFICATIONS
DIVISION 4 - SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY
DIVISION 5 - GENERAL BUILDING HEIGHTS AND AREAS
DIVISION 6 - TYPES OF CONSTRUCTION
DIVISION 7 - FIRE-RESISTANCE-RATED CONSTRUCTION
DIVISION 8 - INTERIOR FINISHES (NA)
DIVISION 9 - FIRE PROTECTION SYSTEMS
DIVISION 10 - MEANS OF EGRESS
DIVISION 11 - ACCESSIBILITY
DIVISION 12 - INTERIOR ENVIRONMENT
DIVISION 13 - ENERGY EFFICIENCY AND ENVIRONMENTAL PROTECTION
DIVISION 14 - EXTERIOR WALLS (NA)
DIVISION 15 - ROOF ASSEMBLIES AND ROOFTOP STRUCTURES (NA)
DIVISION 16 - STRUCTURAL DESIGN
DIVISION 17 - STRUCTURAL TESTS AND SPECIAL INSPECTIONS
DIVISION 18 - SOILS AND FOUNDATIONS
DIVISION 19 - CONCRETE
DIVISION 20 - ALUMINUM (NA)
DIVISION 21 - MASONRY
DIVISION 22 - STEEL
DIVISION 23 - WOOD
DIVISION 24 - GLASS AND GLAZING (NA)
DIVISION 25 - GYPSUM BOARD AND PLASTER (NA)
DIVISION 26 - PLASTIC (NA)
DIVISION 27 - ELECTRICAL
DIVISION 28 - MECHANICAL SYSTEMS
DIVISION 29 - PLUMBING SYSTEMS
DIVISION 30 - ELEVATORS AND CONVEYING SYSTEMS
DIVISION 31 - SPECIAL CONSTRUCTION (NA)
DIVISION 32 - ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY
DIVISION 33 - SAFEGUARDS DURING CONSTRUCTION
DIVISION 34 - EXISTING STRUCTURES
DIVISION 35 - REFERENCED STANDARDS

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13-8-110  Removal of notice – Written permission required.
   It shall be unlawful for any person to remove, cover or obliterate, any sign notice or notices lawfully posted by the building commissioner, without the written permission of the building commissioner.
   Any person who removes, covers, obliterates, or defaces any sign posted pursuant to Section 13-8-105(a) without the written permission of the building commissioner shall be subject to a fine up to $500.00.
(Prior code § 41-10; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 9-10-97, p. 51538; Amend Coun. J. 5-20-98, p. 68999, § 2)
13-8-120  Work ordered by city – Warrant for collection issued to owner of record.
   Whenever any work such as wrecking, razing, tearing down, shoring or underpinning, cleaning up, filling, barricading or fencing shall have been done at city expense either by direct order of the buildings commissioner or under a contract negotiated by D.P.S., the commissioner shall cause a warrant for collection to be issued to the owner of record. No permits shall be issued for any work for which a permit is required nor shall any license be approved for any such premises for which any such charge shall remain unpaid.
(Prior code § 41-11; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 9-4-02, p. 92670, § 3)
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.
13-8-140  License, registration or certification – Suspension or revocation.
   (a)   In addition to or concurrent with Section 4-4-280 of this Code, the Commissioner of Buildings may suspend or revoke the license, registration or certification issued to any person licensed or registered, or required to be licensed or registered under this Code, where the Commissioner has determined that the person:
      (1)   performed or directed work requiring the issuance of a permit pursuant to 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 such 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 or entity licensed or registered, or 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 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 in making a false statement on a permit application; or
      (11)   performed or directed work contrary to the Code or failed to perform work required by the 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)   The Commissioner shall have the power to suspend a license, registration or certification issued to any person licensed or registered, or required to be licensed or registered under this Code for up to three hundred and sixty-five (365) days. The Commissioner shall have the power to revoke a license, registration or certification issued to a person licensed or registered, or required to be licensed or registered under this Code. Reinstatement of a revoked license, registration or certification shall not be automatic and a petition for reinstatement to the Commissioner showing rehabilitation to the satisfaction of the Commissioner that would allow for a reinstatement of a professional license, registration or certificate and public trust shall be required. All requirements of reinstatement set forth in Section 2-116-290 of this Code shall also apply to reinstatement by the Commissioner. Provided, however, if the basis for revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, the license revocation shall be permanent and reinstatement shall not be allowed unless the conviction or finding of liability is reversed or vacated.
   (c)   If the Commissioner suspends or revokes the license, registration or certification of any person licensed or registered, or required to be licensed or registered under this Code, 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 describing the basis for the suspension or revocation and the duration of the suspension or revocation;
      (2)   include a statement that the person may file a written request with the Commissioner or to the Board of Examiners or Commission that governed the license, registration or certificate to contest the basis for the suspension or revocation;
      (3)   include a statement that if the person contests the basis for the suspension or revocation and does not agree with the final decision of the Commissioner or the Board of Examiners or Commission, the person may appeal the final decision to a court of competent jurisdiction.
   (d)   The process for petitions and hearings contesting the suspension or revocation or for the reinstatement of a license, registration or certification under this section shall be in the manner prescribed in Section 13-8-150 of this Code.
   (e)   For purposes of this section:
   “Person or entity licensed or registered, or required to be licensed or registered under this Code” includes, but is not limited to: ventilation contractors as limited business licensees (Chapter 4-4 ), refrigeration contractors as limited business licensees (Chapter 4-4), residential real estate developers (Article V of Chapter 4-6 ), expediter companies (Article XXV of Chapter 4-6), expediters (Article XXVI of Chapter 4-6 ), general contractors (Chapter 4-36), excavators (Chapter 4-196), steam boiler erectors and repairers (Chapter 4-266), crane operators (Chapter 4-288), elevator mechanic contractors (Chapter 4-298), plumbers (Chapter 4-332), plumbing contractors (Chapter 4-336), stationary engineers and boiler tenders (Chapter 4-344), masons and mason contractors (Chapter 4-376), supervising electricians (Chapter 4-292), and electrical contractors (Chapter 4-290).
   “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.
   (f)   The Commissioner may promulgate rules for the proper administration and enforcement of this section.
   (g)   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.
   (h)   Nothing in this section shall relieve or excuse a person from maintaining any and all prerequisites, conditions and requirements for a valid and active license, registration or certification, including but not limited to, maintaining valid insurance, bonding, letter of credit or other financial liability coverage; maintaining valid licensing, registration or certification with a regulatory entity of the United States or the State of Illinois; payment of city, state or federal fees and taxes; and other prerequisites, conditions and requirements for a valid and active license, registration or certification.
   (i)   Any person whose license, registration or certification is suspended or revoked pursuant to this section may not be issued a new license, registration, certification or permit system identification number by the City during the period of suspension or revocation. 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 suspension or revocation.
(Added Coun. J. 2-22-17, p. 43876, § 18; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 4; Amend Coun. J. 9-20-18, p. 84890, Art. III, § 2)

 

Notes

4-4-280
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.
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
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.
4-6
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.
4-6
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.
13-8-150  License, registration or certification – Suspension, revocation and reinstatement petition and hearing.
   (a)   Petitions and hearings to contest the suspension or revocation of a license, registration or certification issued to a person pursuant to Chapters 4-288, 4-332, 4-336, 4-344 and 4-376 of this Code and revoked or suspended pursuant to Section 13-8-140 of this Code shall be in the manner prescribed in Section 2-116-280 of this Code.
   (b)   Petitions and hearings to reinstate a license, registration or certification issued to a person pursuant to Chapters 4-288, 4-332, 4-336, 4-344 and 4-376 of this Code and revoked pursuant to Section 13-8-140 of this Code shall be in the manner prescribed in Section 2-116-290 of this Code.
   (c)   Petitions and hearings to contest the suspension or revocation of a license, registration or certification issued to any person pursuant to Chapter 4-4 , Article II of Chapter 4-6, Article XXV of Chapter 4-6 , Article XXVI of Chapter 4-6, Chapter 4-36, Chapter 4-196, Chapter 4-266, Chapter 4-290, Chapter 4-292, and Chapter 4-298 of this Code and revoked or suspended pursuant to Section 13-8-140 of this Code shall be as follows:
      (i)   The person whose license has been suspended or revoked by the Commissioner of Buildings pursuant to Section 13-8-140 may file a written petition requesting a hearing to contest the suspension or revocation with the Commissioner. The written petition must be filed with the Commissioner within forty-five (45) days from the date of the suspension or revocation. The written petition shall recite the basis for contesting the suspension or revocation. Only one such petition may be filed or considered per suspension or revocation.
      (ii)   Upon receipt of a properly and timely filed written petition, the Commissioner shall within thirty (30) days of receipt cause a notice of hearing to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel. The hearing date shall be set no later than forty-five (45) days of the notice of hearing unless a later date is requested by the licensee in writing. The notice of hearing shall include the date, time and location of the hearing before the Commissioner; a statement that the licensee is entitled to appear at the hearing to testify, present witnesses, and present any other evidence regarding the petition; a statement that the licensee may be represented by counsel at the licensee's sole expense; and a statement that if the licensee fails to appear at the hearing, the licensee is deemed to have conceded the petition.
      (iii)   The proceedings shall be recorded by means of an audio recording or by court reporter, as determined by the Commissioner. In addition to the means of recording determined by the Commissioner, the petitioner may also provide for an audio recording or court reporter at the petitioner's cost. All testimony shall be given under oath or affirmation. The Commissioner shall have the power and discretion to issue subpoenas for the production of documents or testimony. The formal and technical rules of evidence shall not apply in the conduct of the hearing, and evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
      (iv)   Upon the closing of the record, the Commissioner shall take the matter under consideration and render a written decision and order within thirty (30) days of the closing of the record. The Commissioner shall cause a copy of the written decision and order to be served upon the licensee or the licensee's counsel and the Corporation Counsel. No rehearing shall be allowed upon the decision and order. The decision and order of the Commissioner shall constitute a final decision for purpose of judicial review by a court of competent jurisdiction.
      (v)   If the Commissioner grants the petition to reverse the decision to suspend or revoke a license based upon a finding of post-suspension or post-revocation compliance with the underlying basis for the suspension or revocation, no such license shall be reactivated until such time the licensee has paid all related re-inspection or re-review fees and all of the penalties and fees that resulted from the actions that gave rise to the underlying basis for the suspension or revocation. Provided, however, if the basis for revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, reactivation for post-suspension or post-revocation compliance shall not be allowed unless the conviction or finding of liability is reversed or vacated.
   (d)   Petitions and hearings to reinstate a revoked license, registration or certification issued to a person pursuant to Chapter 4-4 , Article II of Chapter 4-6 , Article XXV of Chapter 4-6, Article XXVI of Chapter 4-6 , Chapter 4-36, Chapter 4-196, Chapter 4-266, Chapter 4-290, Chapter 4-292, and Chapter 4-298 of this Code and revoked pursuant to Section 13-8-140 of this Code shall be as follows:
      (i)   The former licensee may file a written petition requesting a hearing for reinstatement with the Commissioner. The written petition shall recite the basis for the revocation and the passage of time since the revocation and shall set forth the efforts undertaken by the former licensee regarding the rehabilitation of the licensee's character that would warrant allowing the privilege of holding a professional license and public trust and confidence. Provided, however, if the basis for the revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, then no reinstatement shall be allowed unless the conviction or finding of liability is reversed or vacated. No petition shall be considered and no reinstatement shall be allowed less than one year or more than five years after the revocation of the license. Only one such petition for reinstatement may be filed or considered per revocation.
      (ii)   The department shall review the written petition within forty-five (45) days and issue an order either granting or denying the request for a hearing. The department shall cause a copy of the written order to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel.
   (e)   If the Commissioner grants a hearing, the Commissioner shall cause a notice of hearing to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel. The hearing date shall be set no later than forty-five (45) days of the notice of hearing unless a later date is requested by the petitioner in writing. The notice of hearing shall include the date, time and location of the hearing before the Commissioner; a statement that the licensee is entitled to appear at the hearing to testify, present witnesses, and present any other evidence regarding the petition to reinstate; a statement that the licensee may be represented by counsel at the petitioner's sole expense; and a statement that if the petitioner fails to appear at the hearing, the petitioner is deemed to have conceded the petition.
   (f)   The burden of proof, by a preponderance of the evidence, regarding the rehabilitation of the petitioner that would warrant allowing the privilege of holding a professional license and public trust and confidence shall be on the petitioner. The proceedings shall be recorded by means of an audio recording or by court reporter, as determined by the Commissioner. In addition to the means of recording determined by the Commissioner, the petitioner may also provide for an audio recording or court reporter at the petitioner's cost. All testimony shall be given under oath or affirmation. The Commissioner shall have the power to issue subpoenas for the production of documents or testimony. The formal and technical rules of evidence shall not apply in the conduct of the hearing, and evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
   (g)   Upon the closing of the record, the Commissioner shall take the matter under consideration and render a written decision and order within thirty (30) days of the closing of the record. The Commissioner shall cause a copy of the written decision and order to be served upon the petitioner or the petitioner's counsel and the Corporation Counsel. No rehearing shall be allowed upon the decision and order. The decision and order of the Commissioner shall constitute a final decision for purpose of judicial review by a court of competent jurisdiction.
   (h)   If the Board grants the petition for reinstatement, no such license shall be reinstated until such time the petitioner has paid all license fees for the period during which the license was revoked as well as any and all monetary penalties and civil restitution ordered by a court or administrative tribunal of competent jurisdiction that resulted from the actions that gave rise to the underlying basis for the revocation.
   (i)   For purposes of this section, the term “license” shall include a license, registration or certification, and the term “licensee” shall include a licensee, registrant or certificate holder.
(Added Coun. J. 2-22-17, p. 43876, § 18; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 5)

 

Notes

4-4
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.
4-6
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
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.
4-6
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.
4-6
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.