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13-24-010 Established – Appointment – Term.
13-24-020 Building commissioner's decisions – Grievance – Appeal.
13-24-030 Board of appeals to have jurisdiction over building commissioner's decisions.
13-24-040 Limitation of board of appeals jurisdiction.
13-24-050 Meetings – Records – Copies mailed to applicant and building commissioner.
13-24-060 Appeal procedure.
13-24-070 Decisions of the board of appeals.
There is hereby established within the City of Chicago a building board of appeals. When used in this section, the term “board” shall be construed to mean the building board of appeals. The building board of appeals shall consist of nine members to be appointed by the mayor by and with the consent of the city council. The administrative functions of the board shall be carried out by the department of buildings.
The mayor shall designate one member to serve as the board's chairman and one member to serve as its vice-chairman. The vice-chairman will act as chairman if the chairman is absent or if a vacancy exists in the office of the chairman. The nine members of the board shall not be employees of the City of Chicago. One of the members shall be an architect registered with the State of Illinois; one member shall be an engineer licensed by or registered with the State of Illinois; one member shall be a building contractor; one member shall be a labor representative representing the Chicago Building Trades Unions; three members shall be residents of Chicago who will represent the public interest; one member shall be a design professional, architect or engineer registered with the State of Illinois who has architectural experience in accessibility design; and one member shall be an individual who is a member of, or who is authorized to represent, a group or organization that represents the interests of people with disabilities. Three members shall be appointed to an initial term of one year and four members shall be appointed to an initial term of two years. Of the two members appointed to the board as a result of amendment to this section in 2003, one person shall be appointed to an initial term of one year, and the other to an initial term of two years. Thereafter, all members shall be appointed for a term of two years and will hold office until a successor has been appointed. Any vacancy in the membership on the board shall be filled in the same manner as the original appointment for the unexpired term. The necessary support staff for the board and the salaries of the members of the board shall be determined and fixed by the city council in the annual appropriation ordinance. In addition to the foregoing, the buildings commissioner, the fire commissioner and the commissioner of the mayor's office for people with disabilities shall each appoint one representative of their respective department to serve as an advisory, nonvoting member of the board.
(Prior code § 41.2-1; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-20-89, p. 10011; Amend Coun. J. 12-11-91, p. 11051; Amend Coun. J. 12-4-02, p. 99026, § 2.9; Amend Coun. J. 10-1-03, p. 8502, § 2; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)
In the event that any person, firm or corporation who is either the legal or equitable owner of any property or the duly authorized agent of any legal or equitable owner of any property or the architect, engineer, contractor or builder in charge of and responsible for the performance of any work or operation, disagrees with or is aggrieved by any order or decision of the building commissioner in all cases which relate to any matter or thing pertaining to the issuance of building permits which is not specifically provided for in the building code, as defined in Chapter 1-4, Section 1-4-090(h), or which relates to any matter or thing concerning building permits which, by the provisions of said code, the building commissioner may either approve or disapprove or when there are practical difficulties in the way of carrying out the strict letter of the ordinance, so that the spirit of this ordinance pertaining to the issuance of building permits shall be observed and public safety secured and substantial justice done, such person, firm, or corporation shall have the right to appeal any such order or decision of the building commissioner pertaining to such building permits to the building board of appeals.
(Prior code § 41.2-2; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.9; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)
The building board of appeals shall have the powers and authority to review, reverse and/or affirm, in whole or in part, or may modify the order, requirement, decision, or determination of the building commissioner, as described in Section 13-24-020, which has been presented to the board for review.
(Prior code § 41.2-3; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.9; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)
All decisions of the building board of appeals shall apply only to the individual case being reviewed and shall not be construed as a precedent for similar work or as a change in the building code. The board shall not have jurisdiction over matters pertaining to materials, methods or systems of construction, or arrangements of materials, not permitted by the municipal code, or varying from the performance of the municipal code.
Further, the board shall not have jurisdiction over matters pertaining to the electrical regulations of this Code.
(Prior code § 41.2-4; Amend Coun. J. 12-4-02, p. 99026, § 2.9; Amend Coun. J. 9-6-17, p. 55278, Art. II, § 20)
All meetings of the board of appeals shall be held at the call of the chairman and at such times as such board may determine. All hearings conducted by said board shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. The record of hearings will not be transcribed by the court reporter unless requested by the board or any party interested in the hearing. The cost of the transcription shall be borne by the person requesting it. A copy of every rule or regulation, and every order, requirement, decision, or determination of the board shall be kept on file in the office of the building board of appeals and shall be a public record. All orders, decisions, or determinations of the board which reverse or modify the decision of the building commissioner shall contain a statement to the effect that in the opinion of the said board the work proposed shall not endanger the life, health, or safety of the building occupants or area residents. A copy of all orders, decisions or determinations of the board shall be mailed to the applicant and to the building commissioner.
(Prior code § 41.2-5; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-4-02, p. 99026, § 2.9; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-8-12, p. 38872, § 222)
The person, firm or corporation who is desiring review of an order or decision of the Building Commissioner pertaining to building permits shall file with the chairman of the Building Board of Appeals a written petition, on a form to be provided, within 14 days after the particular order or decision to be reviewed has been issued by the Building Commissioner, requesting that the particular order or decision be reviewed by the Building Board of Appeals. The person, firm or corporation requesting such review shall also file with the chairman any and all pertinent data or information that he or it may care to present to the Building Board of Appeals for its consideration, together with a filing fee payable to the City of Chicago in the amounts as follows:
(b) For all other occupancies.....$500.00
Upon the filing of a petition to review any decision or order of the buildings commissioner any and all work or operations which will or may be directly or indirectly affected by any such decision or order shall cease and no such work or operations shall be commenced until and after a decision or decisions have been rendered by the building board of appeals; and any and all terms and provisions of any such decision or decisions of the building board of appeals shall have been fully complied with.
(Prior code § 41.2-6; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 12-4-02, p. 99026, § 2.9; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-9-16, p. 36266, § 11; Amend Coun. J. 9-6-17, p. 55278, Art. V, § 6)