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)

13-32-040 Plan approval – Provisions to be made for electrical work.

   All drawings and plans for the construction, erection, addition to, or alterations of any building or other structure, for which a permit is required shall first be presented to the building commissioner for examination and approval as to proper use of building and premises and as to compliance in all other respects with the Chicago Zoning Ordinance and may be presented to the board of health, the department of health, fire department, department of water management, department of streets and sanitation, and any other affected department for submission to the proper official of these departments and bureaus for examination and approval with regard to such provisions of this Code, as are within the duty of such office to enforce, and after the drawings and plans have been examined and passed upon, they shall be returned to the building commissioner where they shall be taken up for examination and approval by the building commissioner. The building commissioner is authorized to establish a system whereby drawings and plans may be reviewed simultaneously by more than one person or department.

   In every new building and in every existing building undergoing extensive remodeling where a new electric service or a new electric distribution center is to be installed, ample space shall be provided within the main walls of the building for the electric service equipment, metering equipment, distribution cabinets, cutout cabinets, transformers and other equipment necessary for an electric installation and ample working space around the equipment. This space shall be readily accessible to every tenant of the building who has electric equipment for light, heat or power which is supplied through the above mentioned equipment.

(Prior code § 43-4; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-4-02, p. 99026, §§ 1.14, 2.11; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

13-32-045 Submission of non-compliant drawings, plans or calculations – Suspension of permit privileges.

   (a)   Pursuant to section 13-8-130 of this Code, the commissioner of buildings may suspend the ability of an architect, structural engineer, expediter company or expediter to submit new applications or complete pending applications for a building permit or other permit issued by the department of buildings for cause where the commissioner has determined that such person has established a pattern of:

      (1)   failing to correct any substantial defects, errors, omissions or deficiencies in an application, drawings, plans, calculations or supporting materials as directed by the department within a reasonable time period; or

      (2)   re-submitting an application, drawings, plans, calculations or supporting materials to the department without correcting the substantial defects, errors, omissions or deficiencies as previously directed by the department.

   For purposes of this section,

   “Pattern” means five or more instances of any items enumerated above within any twelve-month period.

   “Suspend the ability of” and “suspend the permit privileges of” shall have the meaning ascribed to those phrases in section 13-8-130.

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

(Added Coun. J. 2-22-17, p. 43876, § 21)

13-32-050 Landmark or historic district consideration.

   In addition to the city departments cited in Section 13-32-040, hereunder, all plans and drawings for any new construction on vacant lots within an area designated by federal, state or local authorities as a landmark or historic district shall also be submitted to the city council committee on zoning, landmarks and building standards for examination and recommendation. Not more than 30 days after receipt of such drawings and plans, said committee shall hold public hearings and examine and return the drawings and plans, with its advisory recommendation to the building commissioner. No such permit shall be issued until after the expiration of the 30-day period.

(Prior code § 43-4.1; 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. 11-8-12, p. 38872, § 223)

13-32-060 Reserved.

Editor’s note – Coun. J. 1-23-19, p. 94952, Art. III, § 1, repealed § 13-32-060, which pertained to surety bond.

13-32-070 Reserved.

Editor's note – Coun. J. 12-12-07, p. 17167, § 36, repealed § 13-32-070, which pertained to payment in advance for the use of water.

13-32-080 Permit issuance – Issuance prohibited when.

   (a)   At the proper time, notice shall be given by the building commissioner to the applicant that his or her plans have been examined and are ready to be returned to the applicant, and if such plans have been approved as submitted to the various departments and bureaus as aforesaid, the building commissioner shall, according to the building provisions of this Code, issue a permit for the construction, erection, repair, or alteration of such building or structure; and shall file such application, and shall apply to such plans a final official stamp, stating that the drawings to which the same has been applied comply with the building provisions of this Code. The plans so stamped shall then be returned to such applicant.

   (b)   No building permit shall be issued under this code unless the building permit application is accompanied by an affidavit, signed by the property owner and, if applicable, the general contractor, licensed, certified or registered trade contractor or any other person deemed necessary by the building commissioner, in which the undersigned (1) acknowledge the penalties that may attach if any work in violation of or beyond the scope of the permit is done on the property identified in the permit application; (2) certify, under possible penalty of law, that all construction work under the proposed building permit will conform to the requirements of the Chicago Municipal Code; (3) acknowledge that any false statement of fact made on the affidavit required by this subsection may subject the person making such a statement to a range of civil and criminal penalties, such as a period of incarceration, fines and an award to the City of up to three times any damages incurred; and (4) make any other acknowledgments or certifications on the affidavit that the building commissioner, in consultation with the corporation counsel, may require to implement the requirements of the Municipal Code of Chicago.

   (c)   No building permit shall be issued under this chapter if the applicant for such permit or the property owner identified in the permit application or any person owning, directly or indirectly, 25 percent or more of the interest in such applicant or property owner has any outstanding debt, as defined in Section 2-32-094 (a), unless and until each applicable person owing such debt satisfies or otherwise resolves the debt within the meaning of Section 2-32-094(a). Provided, however, that this subsection shall not apply to any federal, state or local government agency. Provided further, that this subsection shall not apply to any permit application for emergency repairs as determined by the building commissioner. For purposes of this subsection (c), “25 percent or more of the interest in the applicant or property owner” shall mean 25 percent or more of the combined voting power or fair market value of all stock, partnership interests or other ownership interests in the applicant or property owner or the right to receive at any time the distribution of 25 percent or more of the income or profits of the applicant or property owner.

(Prior code § 43-7; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.11; Amend Coun. J. 5-24-06, p. 76944, § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 3-18-09, p. 56026, § 3; Amend Coun. J. 6-3-09, p. 63891, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 6, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 10; Amend Coun. J. 11-16-11, p. 13798, Art. XI, § 2; Amend Coun. J. 2-22-17, p. 43876, § 21)

 

Notes

2-32-094

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13-32-085 Rules and regulations – Compliance required – Violation – Penalty.

   The building commissioner is authorized to establish rules and regulations of general applicability for specific sites, both prior to and during the period of operations under the permit as shall be necessary to insure that the site of operations be maintained in a clean and safe manner so as not to constitute a public nuisance or hazard, that all construction or operations performed under the permit be substantially completed within a reasonable time period, and that all work performed under the permit be done in a manner consistent with the provisions of this code.

   A copy of the rules and regulations issued by the building commissioner pertaining to operations or construction at a specific site shall be personally delivered to the owner, permit holder or contractor in charge of the site.

   In the event the building commissioner determines that a violation of either the general or specific rules and regulations governing the construction or operations under the permit has occurred, he shall notify the owner, permit holder or contractor by certified mail. If the owner, permit holder or contractor shall fail to correct the violation within five days of receipt of the notice, the commissioner may take all necessary action to abate the violations which includes but is not limited to: revoking the permit, issuing a stop-work order and referring the matter to either the buildings hearings division within the department of administrative hearings or the corporation counsel to institute appropriate proceedings. Any owner, permit holder or contractor who is found to have violated rules and regulations established pursuant to this section shall be subject to fined* in accordance with Section 13-12-040 for each day the violation is deemed to exist.

(Prior code § 43-7.1; Added Coun. J. 7-12-90, p. 18289; Amend Coun. J. 7-10-96, p. 24987; Amend Coun. J. 11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66565; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 12)

* Editor's note – As set forth in Coun. J. 11-21-17, p. 61858, Art. VIII, § 12. Intended text is probably: “...shall be fined in accordance with....” Future legislation will correct the provision if needed.

13-32-090 Driveway permit requirements.

   No permit shall be issued for the construction, erection, repair or alteration of any building or structure designed or intended for use as a garage or any other business, the operation of which will require a driveway across a public sidewalk, until the applicant therefor has first obtained from the commissioner of transportation a use of public way permit for driveway or driveways as prescribed by Chapter 10-20 of this Code.

(Prior code § 43-8; Amend Coun. J. 6-9-99, p. 5453)