ARTICLE I. PERMIT REQUIREMENTS (13-32-010 et seq.)

13-32-010 Permit required – Posting.

   It shall be unlawful to proceed with the erection, enlargement, alteration, repair, removal, or demolition of any building, structure, or structural part thereof within, or subject to the jurisdiction of, the city unless a permit therefor shall have first been obtained from the building commissioner. The applicant shall clearly print the name and telephone number of a responsible person to contact in case of any emergency. Such permit shall be posted in a conspicuous place upon the exterior of the premises for which it is issued, and shall remain so posted at all times until the work is completed and approved. Failure to comply with the provisions of this chapter shall be grounds for revocation.

(Prior code § 43-1; Amend Coun. J. 3-25-86, p. 28869; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.11; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 2-9-11, p. 112461, § 1)

13-32-020 Exceptions .

   (a)   If an existing residential building; (1) contains three or fewer dwelling units, and (2) does not exceed three stories in height, and (3) is not a mixed occupancy building, a permit shall not be required for any work involving minor repairs to such building, including, but not limited to, the replacement in-kind of windows, doors, shingle roofing on 5-in-12 slopes or steeper, siding, hot water heaters, furnaces, air conditioning condensers, boilers, and bricks, when the number of bricks replaced or repaired is less than 250 bricks. Provided, however, that this section shall not apply, and a permit shall be required, if the work being done on such an existing residential building involves changes in the materials of roofs, windows or exterior walls visible from a public street of properties designated as Chicago Landmarks in accordance with the applicable provisions of Chapter 2-120 of this code. For purposes of this subsection, the term “replacement in-kind” means the replacement of existing materials, objects or elements using new materials, objects or elements of the same type, size and shape, without reconfiguring the space.

   (b)   A permit shall not be required for work in any building, regardless of the building's occupancy, if the work consists of the repair or replacement of (1) interior non-fire-rated doors; (2) interior non-fire-rated ceiling tiles only (alteration of the supports or grid requires a permit); (3) floor finishes, such as carpeting, hardwood or tiles; (4) wall finishes, such as paint, wallpaper or tile; ( 5 ) cabinetry or furniture without plumbing or electrical connections; (6) portable appliances, such as a coffee maker, stove, refrigeration display case or similar object, if such appliance: (i) is not a hard-wired appliance; and (ii) connects to its power source using a plug; and (iii) is not regulated by the City of Chicago's department of health; (7) at-grade noncombustible patios or walkways; (8) landscaping, such as: (i) plant landscaping; (ii) any landscaping element that does not require plumbing or electrical service; and (iii) playground equipment; and (9) any other repairs deemed to be minor repairs by the building commissioner in duly promulgated rules. Provided, however, that no work or operation shall be deemed by the building commissioner to consist of minor repairs to a building, if the work or operation (i) involves sandblasting; or (ii) involves the replacement or repair of any structural load-bearing members; or (iii) reduces the means of exit; or (iv) affects the light, ventilation, room size, or sanitary or fire-resistive requirements of the building or any portion thereof; or (v) involves the use of materials not permitted by the building and environmental control provisions of this Code; or (vi) involves changes in the materials of roofs, windows or exterior walls visible from a public street of properties designated as Chicago landmarks in accordance with the applicable provisions of Chapter 2-120 of this Code; or (vii) changes the height, area, or capacity of the building.

   (c)   Notwithstanding any other provision of this code, if the commissioner determines that the repair, replacement, alteration or construction of the following without a building permit will not endanger the public, the commissioner may, in rules and regulations, exempt the following from the requirement of obtaining a building permit:

      (1)   the alteration of interior stairs;

      (2)   the alteration or installation of low voltage electrical fixtures, including but not limited to, telephones, speakers, burglar alarms, doorbells, thermostats, computer lines;

      (3)   the construction or alteration of a gazebo having a surface area of 150 square feet or less. For purposes of this subsection, a “gazebo” means an at-grade free standing detached structure: (i) with a roof and 4 or more sides that are open; provided that the sides may be enclosed for decorative purposes no more than 4 feet above the floor of the gazebo; (ii) that does not contain any sleeping facilities, a kitchen, a bathroom or water service; and (iii) that is an accessory structure, as that term is defined in section 17-17-0205 of this code;

      (4)   the construction or alteration of a shed, as that term is defined in section 13-96-390 of this code, having a surface area of 70 square feet or less; or

      (5)   drywall repair or replacement of less than 1,000 square feet without any alteration of any underlying electrical devices or systems.

   (d)   Nothing in this section shall be construed as waiving any other applicable provision of the municipal code and any alteration, construction, repair, replacement, or minor repair authorized without a building permit pursuant to this section shall comply with all other applicable provisions.

(Prior code § 43-2; Amend Coun. J. 6-14-95, p. 2828; Amend Coun. J. 10-28-97, p. 54731; Amend Coun. J. 12-12-07, p. 17167, § 35; Amend Coun. J. 3-18-09, p. 56026, § 1; Amend Coun. J. 12-2--09, p. 78837, Art. 9, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

 

Notes

17-17-0205

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13-32-030 Applications.

   Applications for building permits shall be in the form prescribed by the Building Commissioner. If the application for a building permit is required to be accompanied by drawings or plans, in addition to any other information that may be required, the application for such building permit shall include or otherwise be accompanied by the full name, residence address, business address, e-mail address, residence telephone number and business telephone number of the following persons: (1) the applicant, which may include a lessee of the real property, (2) the owner of the real property for which the building permit is sought, if such owner of the real property is different from the applicant, and (3) if such applicant or owner of the real property is a corporation, partnership, limited liability company or other legal entity, each person owning, directly or indirectly, more than 25 percent of the interest in such applicant or owner of the real property. For purposes of this section, “more than 25 percent” shall mean more than 25 percent of the combined voting power or fair market value of all stock, partnership interests or other ownership interests in the applicant or owner of the real property or the right to receive at any time the distribution of more than 25 percent of the income or profits of the applicant or owner of the real property. If the applicant is a person or entity other than the owner of the real property, the applicant shall be required to attest that such applicant is submitting the application with the knowledge and consent of the owner of the real property.

   Every such application for a permit shall be accompanied by a copy of every recorded easement on the lot on which the building is to be erected, and on the immediately adjoining lots, showing the use or benefit resulting from such easement. All such applications shall be accompanied by drawings, plans, and specifications in conformity with the provisions of this chapter. Where alterations or repairs in buildings are made necessary by reason of damage by fire, that fact shall be stated in the application for a permit. In such cases, before a permit shall be issued, the Building Commissioner shall cause a thorough inspection to be made of the damaged premises with the view of testing the structural integrity of the damaged parts. No permit shall be issued by the Building Commissioner for the construction, erection, addition to or alteration of any building or structure unless the applicant therefor shall furnish to the Building Commissioner a certificate or other written evidence of the proper federal officer or agency that the proposed construction is not prohibited by any order, rule or directive of an agency of the United States government.

   If the Building Commissioner determines that an application or any supporting documentation required for a building permit is incomplete or otherwise deficient, the Commissioner shall notify the applicant or the applicant's agent of such fact in writing. Such notification, which shall be dated, shall explain why the application or supporting documentation is deficient. No further processing of the application shall occur until the deficiencies identified in the notification are corrected; and if the deficiencies are not corrected within 120 days of the date indicated on the face of the notification, the application shall be deemed, by operation of law, to have been withdrawn. Provided, however, that upon receipt of a written request from the applicant, and for good cause shown, the Building Commissioner may extend, to a date certain, the period to cure the deficiencies identified in the notification required under this subsection. For purposes of this subparagraph, the terms “in writing” and “notification” shall include any electronic communication or notation in the City's electronic permit application and plan review systems that are available for viewing by the applicant or the applicant's agent.

   Except in the case of residential garages, fence installation or repairs or repairs to buildings to meet code requirements, prior to issuing a building permit, the Building Commissioner shall give ten days' written notice of the proposed issuance of the permit to the alderman of the ward in which the proposed work to be done is to be located, and no permit shall be valid unless such notice is delivered; provided, however, that the affidavit of the Building Commissioner showing delivery of such notice to an alderman in person or by mailing to such address as he may have filed with the City Clerk, shall be conclusive evidence of delivery of such notice. In cases of emergencies, a permit may be issued, to take immediate effect, under the Building Commissioner's authority. And the Building Commissioner shall notify the alderman of the ward in which the proposed work to be done is located of the issuance of such permit within 24 hours of the issuance thereof.

(Prior code § 43-3; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.11; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 6, § 2; Amend Coun. J. 11-19-14, p. 98037, § 21; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 24)

13-32-031 Sundry programs.

   (a)   The building commissioner shall have authority to institute the preliminary review program, the customized review program, the superstructure permit program, the developer services program, and other programs which may include programs authorizing qualified licensed design professionals to self-certify plans presented to the building commissioner pursuant to the requirements of Chapter 13-40 for compliance with the requirements of this Code, and, to issue permits and to assess fees thereunder accordingly. Applications under these programs shall be in such form as shall be prescribed by the building commissioner. The building commissioner shall have authority to promulgate such rules as necessary for the implementation of these programs, including, but not limited to, the establishment of eligibility criteria and fees for participation in such programs, auditing procedures and suspension or removal from such programs.

   (b)   If a permit applicant requests permit services provided under any program described in subsection (a) of this section, the applicant may be assessed a fee to participate in such program. Such fee shall be based on the costs, including actual and related costs incurred, to the department of buildings. Such fee, which the commissioner may promulgate by rule, shall be assessed in addition to the required permit fee.

   (c)   Fees for the issuance of superstructure permits shall be assessed according to the general provisions of Section 13-32-310 and any applicable code sections. These fees are separate from all applicable permit fees to be assessed at such time as the regular permit for the full building structure is issued.

(Added Coun. J. 7-29-98, p. 74842; Amend Coun. J. 12-4-02, p. 99026, § 2.11; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 3-18-09, p. 56026, § 2; Amend Coun. J. 9-6-17, p. 55278, Art. V, § 7)

13-32-032 Unlawful transfer of license, registration or certification for building application purposes.

   (a)   No person licensed, registered or certified under this Code shall knowingly allow any other person to use the name of the licensed, registered or certified person or license, registration or certification identification number on a building permit application if such licensed, registered or certified person will not be performing the work which the permit application states he will perform unless the permit application has been amended to (i) remove the name of the licensed, registered or certified person or license, registration or certification identification number; and (ii) insert the name and identification number of the licensed, registered or certified person who will perform the work

   (b)   No person named in a building permit application shall subcontract or assign any portion of the described work to any other person, without first amending the application to identify the subcontractor or assignee.

   (c)   In addition to other remedies provided by this Code, any licensed, registered or certified person who violates this section shall be assessed a fine of $1,000.00 for the first offense; a fine of $1,500.00 and a 90-day license suspension for the second offense; and a fine of $2,000.00 and the licensee's name shall be referred to the appropriate licensing, registration or certification board or body for license, registration or certification revocation for the third offense.

(Added Coun. J. 9-5-01, p. 66630, § 3; Amend Coun. J. 2-22-17, p. 43876, § 21)

13-32-033 False or inaccurate license, registration or certification name or number on building permit application.

   It shall be unlawful for any person to knowingly insert or fail to timely correct a false or inaccurate name or license, registration or certification number on a building permit application when identifying a contractor, or any person required to be licensed, registered or certified by this Code, who will be performing the work described in the building permit application. In addition to other remedies provided by this Code, any person who violates this section shall be fined in accordance with Section 13-12-040 and the building permit shall be revoked.

(Added Coun. J. 9-5-01, p. 66630, § 4; Amend Coun. J. 2-22-17, p. 43876, § 21; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 12)

13-32-035 Stop work orders – New or revised permit – Fees.

   (a)   Whenever any person or entity shall apply for a new or revised permit from the Department of Buildings as a result of a stop work order issued pursuant to Section 13-12-080 or other action taken by the city because the work being done or which has been completed was performed either without a permit or not in conformity with the terms of the permit, the permit fee assessed for the new or revised permit shall be as follows:

      (i)   for all permits where the regular fee is an amount less than $500.00 as provided in Sections 11-4-130, 13-20-540, and 13-32-310, a penalty of 100 percent of the regular permit fee shall be assessed in addition to the regular permit fee;

      (ii)   for all permits where the regular permit fee is an amount greater than $500.00 but less than $3,000.00 as provided in Sections 11-4-130, 13-20-540, and 13-32-310, a penalty of 100 percent of the regular permit fee shall be assessed for the first $500.00, and for each increment of $500.00 or fraction thereof, a penalty of $125.00 shall be assessed in addition to the regular permit fee;

      (iii)   for all permits where the regular permit fee exceeds $3,000.00 as provided in Sections 11-4-130, 13-20-540, and 13-32-310, a penalty of 100 percent of the regular permit fee shall be assessed for the first $1,000.00, and for each increment of $500.00 or fraction thereof, a penalty of $75.00 shall be assessed in addition to the regular permit fee.

   (b)   In addition to any fee assessed pursuant to subsection (a), a penalty of $1,000.00 shall be assessed whenever any person or entity shall apply for a new or revised permit from the department of buildings as the result of a stop work order issued pursuant to Section 13-12-080 or other action taken by the city because the work being done or which has been completed was performed by a person or persons lacking a license required under the Code for such work or was performed by a person or persons required by the Code to be listed on the building permit application who were not listed.

(Prior code § 43-3.1; Added Coun. J. 7-31-90, p. 19353; Amend Coun. J. 9-5-01, p. 66630, § 6; Amend Coun. J. 12-4-02, p. 99026, § 2.11; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-9-16, p. 36266, § 12)