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Municipal Code of Chicago
MUNICIPAL CODE OF CHICAGO
TITLE 1 GENERAL PROVISIONS
TITLE 2 CITY GOVERNMENT AND ADMINISTRATION
TITLE 3 REVENUE AND FINANCE
TITLE 4 BUSINESSES, OCCUPATIONS AND CONSUMER PROTECTION
CHAPTER 4-4 GENERAL LICENSING PROVISIONS*
CHAPTER 4-5 LICENSE FEES FOR TITLE 4 LICENSES
CHAPTER 4-6 REGULATED BUSINESS LICENSE
ARTICLE I. GENERAL PROVISIONS (4-6-010 et seq.)
ARTICLE II. HEALTH CLUB (4-6-020 et seq.)
ARTICLE III. CLOTHING ALTERATION (4-6-030 et seq.)
ARTICLE IV. LAUNDRY SERVICE (4-6-040 et seq.)
ARTICLE V. RESIDENTIAL REAL ESTATE DEVELOPER (4-6-050 et seq.)
ARTICLE VI. TATTOOING, BODY PIERCING AND TANNING FACILITY (4-6-060 et seq.)
ARTICLE VII. DAY LABOR AGENCY (4-6-070 et seq.)
ARTICLE VIII. ADULT FAMILY CARE CENTER (4-6-080 et seq.)
ARTICLE IX. ASSISTED LIVING ESTABLISHMENT (4-6-090 et seq.)
ARTICLE X. LONG-TERM CARE FACILITY (4-6-100 et seq.)
ARTICLE XI. ADULT FAMILY CARE HOME (4-6-110 et seq.)
ARTICLE XII. AUTOMATIC AMUSEMENT OPERATOR (4-6-120 et seq.)
ARTICLE XIII. PRIVATE SCAVENGER (4-6-130 et seq.)
ARTICLE XIV. SECONDHAND DEALER IN CHILDREN'S CLOTHING AND CHILDREN'S PRODUCTS (4-6-140 et seq.)
ARTICLE XV. JUNK PEDDLER (4-6-150 et seq.)
ARTICLE XVI. DEBT COLLECTORS (4-6-160 et seq.)
ARTICLE XVII. HOSPITAL (4-6-170 et seq.)
ARTICLE XVIII. HOTEL (4-6-180 et seq.)
ARTICLE XIX. BOARD-UP COMPANY (4-6-190 et seq.)
ARTICLE XX. DRY CLEANER (4-6-200 et seq.)
ARTICLE XXI. HAZARDOUS MATERIALS (4-6-210 et seq.)
ARTICLE XXII. SINGLE-ROOM OCCUPANCY BUILDING (4-6-220 et seq.)
ARTICLE XXIII. BOOTING OF MOTOR VEHICLES (4-6-230 et seq.)
ARTICLE XXIV. IMMIGRATION ASSISTANCE (4-6-240 et seq.)
ARTICLE XXV. EXPEDITER COMPANY (4-6-250 et seq.)
ARTICLE XXVI. EXPEDITER/NATURAL PERSON (4-6-260 et seq.)
ARTICLE XXVII. HOME OCCUPATIONS (4-6-270 et seq.)
ARTICLE XXVIII. HOME REPAIR (4-6-280 et seq.)
ARTICLE XXIX. BED-AND-BREAKFAST ESTABLISHMENT (4-6-290 et seq.)
ARTICLE XXX. VACATION RENTALS (4-6-300 et seq.)
ARTICLE XXXI. PHARMACEUTICAL REPRESENTATIVES (4-6-310 et seq.)
ARTICLE XXXII. MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES (4-6-320 et seq.)
ARTICLE XXXIII. MOBILE MERCHANTS (4-6-330 et seq.)
CHAPTER 4-8 FOOD ESTABLISHMENTS*
CHAPTER 4-9 RESERVED*
CHAPTER 4-11 MAXWELL STREET MARKET
CHAPTER 4-12 FARMERS MARKETS*
CHAPTER 4-13 SHORT TERM RESIDENTIAL RENTAL INTERMEDIARIES AND ADVERTISING PLATFORMS
CHAPTER 4-14 SHARED HOUSING UNITS
CHAPTER 4-16 SHARED HOUSING UNIT OPERATOR
CHAPTER 4-17 RESTRICTED RESIDENTIAL ZONES
CHAPTER 4-24 LITHIUM-ION BATTERIES*
CHAPTER 4-28 DRAIN LAYERS
CHAPTER 4-32 RESERVED*
CHAPTER 4-36 LICENSING OF GENERAL CONTRACTORS
CHAPTER 4-40 RESERVED*
CHAPTER 4-44 INCOME TAX PREPARERS*
CHAPTER 4-48 RESERVED*
CHAPTER 4-52 RESERVED*
CHAPTER 4-58 RESTRICTIONS ON BYOB
CHAPTER 4-60 LIQUOR DEALERS
CHAPTER 4-64 TOBACCO DEALERS*
CHAPTER 4-68 AMBULANCES*
CHAPTER 4-72 RESERVED*
CHAPTER 4-75 CHILDREN'S SERVICES FACILITY
CHAPTER 4-76 CHILD CARE INSTITUTION*
CHAPTER 4-80 RESERVED*
CHAPTER 4-83 HELIPORTS
CHAPTER 4-84 RESERVED*
CHAPTER 4-88 RESERVED*
CHAPTER 4-92 RESERVED*
CHAPTER 4-93 RESERVED*
CHAPTER 4-96 RESERVED*
CHAPTER 4-97 RESERVED*
CHAPTER 4-100 RESERVED*
CHAPTER 4-108 FILLING STATIONS
CHAPTER 4-115 RESERVED*
CHAPTER 4-128 RESERVED*
CHAPTER 4-144 WEAPONS DEALERS
CHAPTER 4-149 RESERVED*
CHAPTER 4-151 SHOOTING RANGE FACILITY LICENSE
CHAPTER 4-152 WHOLESALE DRUG, CHEMICAL OR PAINT STORES*
CHAPTER 4-156 AMUSEMENTS
CHAPTER 4-160 SPORTS PLAZAS*
CHAPTER 4-164 RESERVED*
CHAPTER 4-165 RESERVED*
CHAPTER 4-168 BICYCLE MESSENGER SERVICES
CHAPTER 4-180 RESERVED*
CHAPTER 4-184 RESERVED*
CHAPTER 4-188 RESERVED*
CHAPTER 4-196 RESERVED*
CHAPTER 4-204 RESERVED*
CHAPTER 4-207 RESERVED*
CHAPTER 4-208 RESERVED*
CHAPTER 4-209 RESERVED*
CHAPTER 4-210 RESERVED*
CHAPTER 4-212 POP-UP RETAIL USERS*
CHAPTER 4-216 RESERVED*
CHAPTER 4-220 RESERVED*
CHAPTER 4-224 MANUFACTURING ESTABLISHMENTS
CHAPTER 4-226 RESERVED*
CHAPTER 4-227 TOWING
CHAPTER 4-228 MOTOR VEHICLE REPAIR SHOPS
CHAPTER 4-229 RESERVED*
CHAPTER 4-232 MOTOR VEHICLE STORAGE AND SALES
CHAPTER 4-233 RESERVED*
CHAPTER 4-236 PARKING LOT AND GARAGE OPERATIONS TAX
CHAPTER 4-240 PAWNBROKERS
CHAPTER 4-244 STREET PEDDLERS AND STREET PERFORMERS*
CHAPTER 4-250 COMMERCIAL PASSENGER VESSELS
CHAPTER 4-252 RESERVED*
CHAPTER 4-253 RESERVED*
CHAPTER 4-256 RESERVED*
CHAPTER 4-260 RESERVED*
CHAPTER 4-264 SECONDHAND DEALERS
CHAPTER 4-266 BOILER AND PRESSURE VESSEL REPAIRERS*
CHAPTER 4-268 RESERVED*
CHAPTER 4-276 REGULATION OF WEIGHTS AND MEASURES
CHAPTER 4-280 CABLE COMMUNICATION
CHAPTER 4-284 CABLE ETHICS
CHAPTER 4-288 CRANE OPERATORS
CHAPTER 4-290 ELECTRICAL CONTRACTORS
CHAPTER 4-292 SUPERVISING ELECTRICIANS
CHAPTER 4-296 RESERVED*
CHAPTER 4-298 ELEVATOR MECHANIC CONTRACTORS
CHAPTER 4-304 RESERVED*
CHAPTER 4-305 REMOTE SERVICE TERMINALS
CHAPTER 4-308 FOREIGN FIRE INSURANCE COMPANIES
CHAPTER 4-312 RESERVED*
CHAPTER 4-324 RESERVED*
CHAPTER 4-328 NEWS MEDIA CREDENTIALS
CHAPTER 4-332 PLUMBERS
CHAPTER 4-336 PLUMBING CONTRACTORS
CHAPTER 4-340 SPECIAL POLICEMEN AND SECURITY GUARDS
CHAPTER 4-344 STATIONARY ENGINEERS*
CHAPTER 4-348 RESERVED*
CHAPTER 4-352 TELEGRAPH SERVICES
CHAPTER 4-360 VENDOR LICENSING AND REGULATION AT NAVY PIER
CHAPTER 4-364 WAREHOUSES*
CHAPTER 4-368 RESERVED*
CHAPTER 4-372 RESERVED*
CHAPTER 4-376 MASON CONTRACTORS*
CHAPTER 4-380 RESERVED*
CHAPTER 4-384 ANIMAL CARE
CHAPTER 4-388 ROOFTOPS IN WRIGLEY FIELD ADJACENT AREA
CHAPTER 4-392 RESERVED*
CHAPTER 4-400 RESERVED*
TITLE 5 HOUSING AND ECONOMIC DEVELOPMENT
TITLE 6 HUMAN RIGHTS*
TITLE 7 HEALTH AND SAFETY
TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE
TITLE 9 VEHICLES, TRAFFIC AND RAIL TRANSPORTATION
TITLE 10 STREETS, PUBLIC WAYS, PARKS, AIRPORTS AND HARBORS
TITLE 11 UTILITIES AND ENVIRONMENTAL PROTECTION
TITLE 12 RESERVED
TITLE 13 BUILDINGS AND CONSTRUCTION
TITLE 14 RESERVED*
TITLE 14A ADMINISTRATIVE PROVISIONS OF THE CHICAGO CONSTRUCTION CODES*
TITLE 14B BUILDING CODE*
TITLE 14C CONVEYANCE DEVICE CODE*
TITLE 14E ELECTRICAL CODE*
TITLE 14F FIRE PREVENTION CODE*
TITLE 14G FUEL GAS CODE*
TITLE 14M MECHANICAL CODE*
TITLE 14N 2022 ENERGY TRANSFORMATION CODE*
TITLE 14P PLUMBING CODE*
TITLE 14R BUILDING REHABILITATION CODE*
TITLE 14X MINIMUM REQUIREMENTS FOR EXISTING BUILDINGS*
TITLE 15 FIRE PREVENTION
TITLE 16 LAND USE
TITLE 17 CHICAGO ZONING ORDINANCE
TITLE 18 BUILDING INFRASTRUCTURE
APPENDIX TO THE MUNICIPAL CODE OF CHICAGO (RESERVED)*
TABLES
Chicago Zoning Ordinance and Land Use Ordinance
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4-6-080 Adult family care center.
   (a)   Definitions. As used in this section:
   "Activities of daily living" means functions and tasks for self-care, including, but not limited to, eating, bathing, grooming, dressing, ambulating and other similar tasks.
   "Adult family care center" or "center" means a dwelling unit, as defined in Section 17-17-0248, that is owned or rented for the purpose of providing three or more adults, ages 55 or older, with room, board and personal care on a 24-hour basis. The term "adult family care center" does not include (1) any hospital, institution or similar place operated by the federal, state or local government; (2) any entity licensed by the State of Illinois as (i) a long term care facility; (ii) a hospital or sanitarium; (iii) a community living facility; (iv) a community-integrated living arrangement; (v) a life care facility; (vi) a hospice; (vii) a shared housing establishment; or (viii) an assisted living establishment; (3) a single-room occupancy unit or bed-and-breakfast establishment licensed by the City; or (4) any arrangement whereby a person who owns or rents a home or dwelling unit provides room, board and personal services only to his or her relatives.
   "Personal services" or "personal care" means individual assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services.
   "Relative" means any person related to the licensee by blood, marriage, legal adoption or guardianship.
   "Resident(s)" means any person, who is not a relative of the licensee, who receives room, board and personal care in an adult family care center.
   "Self-administration of medicine" means and includes, but is not limited to, reminding a resident to take medication; reading the medication label to a resident; checking the medication dosage against the label; confirming that a resident has obtained and is taking the dosage as prescribed; documenting, in writing, that a resident has taken or refused to take the medication; and, if a resident is unable to open the medication container, opening the container for such resident.
   "Semi-private room" means a room occupied by no more than two residents at any given time.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of adult family care center shall be accompanied by the following information:
      (1)   proof that the applicant or licensee, as applicable, owns or leases the premises in which the facility will be located;
      (2)   the location of the facility;
      (3)   the total number of residents that will be housed at the facility at any given time;
      (4)   the name and address of the person(s) responsible for supervising or managing the facility;
      (5)   proof of fingerprinting, as required under subsection (e)(1) of this section;
      (6)   proof of insurance, as required under subsection (e)(2) of this section;
      (7)   a statement as to whether, within ten years of the date of application or renewal, (i) the applicant, or (ii) any controlling person, or (iii) any member of the applicant’s household residing at the center who is 18 years of age or older, or (iv) any manager or supervisor at the center has ever been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type or a criminal offense of whatever degree involving neglect or abuse of an elderly person, domestic violence, drugs or narcotics (other than a minor cannabis offense), violence, fraud, theft, personal dishonesty, deception or forgery;
      (8)   proof that the licensee holds a valid certificate of registration in food handling and sanitation issued by the department of health;
      (9)   any other information required by rules duly promulgated by the Commissioner of Public Health.
   (c)   Departmental duties – Inspections.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of adult family care center, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of adult family care center, to so notify the alderman of the affected ward.
      (2)   The Commissioner of Public Health shall notify the Commissioner of Business Affairs and Consumer Protection if the Commissioner of Public Health orders an adult family center closed.
      (3)   The: (i) department of health and department of family and support services, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct annual inspections of every adult family care center licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the adult family care center was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(4).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of adult family care center shall be issued to:
      (1)   any applicant or licensee, as applicable, who does not own or lease the premises in which the center will be located;
      (2)   any applicant or licensee, as applicable, who has been previously licensed by the city and whose city license has been revoked for cause at any time within two years of the date of application or renewal;
      (3)   any applicant or licensee, as applicable, if, within ten years of the date of application or renewal, the applicant or licensee, or any controlling person, or any member of the applicant’s household residing at the center who is 18 years of age or older, or any manager or supervisor at the center has ever been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type or a criminal offense of whatever degree involving neglect or abuse of an elderly person, domestic violence, drugs or narcotics (other than a minor cannabis offense), violence, fraud, theft, personal dishonesty, deception or forgery;
      (4)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the adult family care center is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code;
      (5)   any applicant or licensee, as applicable, unless such person holds a valid certificate of registration in food handling and sanitation issued by the department of health.
   (e)   Legal duties. Each licensee engaged in the business of adult family care center shall have a duty to:
      (1)   submit to fingerprinting, in accordance with rules and regulations promulgated by the commissioner. The following persons shall be fingerprinted: (i) the applicant or licensee, as applicable; (ii) any controlling person, (iii) any member of the applicant's household residing at the center who is 18 years of age or older, and (iv) any manager or supervisor at the center;
      (2)   obtain commercial general liability insurance, with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect throughout the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection may result in license revocation in accordance with Section 4-4-280;
      (3)   provide all residents of the center with the following: (i) room and board; (ii) assistance necessary to perform the activities of daily living; (iii) assistance necessary for the self-administration of medicine; (iv) supervision of residents; (v) social and leisure activities for residents; (vi) any service required to be provided in duly promulgated rules issued by the Commissioner of Public Health for the health and well-being of residents; (vii) a private or semi-private room for each resident, with access to common areas; and (viii) on-site personnel, sufficient in numbers and training, to assist and supervise residents at all times that the center is operating;
      (4)   equip the center with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;
      (5)   maintain records to show proof, satisfactory to the commissioner, that the licensee, all controlling persons, every member of the applicant's household residing at the center who is 18 years of age or older, and every employee, supervisor and caregiver working at the center does not have a criminal background or history of offenses of the type set forth in subsection (d)(3) of this section; and to immediately notify the department of health, if any such person has admitted to, been found liable of, or been convicted of, any such offense;
      (6)   maintain a legally enforceable, written agreement with each resident of the center setting forth the term of occupancy and services to be provided to such resident, as well as any additional terms or conditions set forth in duly promulgated rules issued by the Commissioner of Public Health or Commissioner of Business Affairs and Consumer Protection;
      (7)   submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health;
      (8)   hold a valid certificate of registration in food handling and sanitation issued by the department of health.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of adult family care facility to:
      (1)   operate an adult family care facility on premises that the licensee does not own or lease.
   (g)   Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of adult family care facilities. Such rules may include, but are not limited to, the following: (i) the terms and conditions of the written agreement required under subsection (e)(6) of this section; (ii) public health and safety issues; (iii) qualifications, training standards and responsibilities of licensees and staff; (iv) criteria and procedures for determining the appropriateness of a resident's placement and continued residency in an adult family care center; and (v) procedures for providing notice and assuring the least possible disruption of residents' lives when residents are relocated, or an adult family care center is closed, or the ownership of an adult family care center is transferred to another person. In addition, the Commissioner of Public Health may adopt and enforce all existing and future laws and regulations adopted by the State of Illinois that relate to the operation of adult family care facilities to the extent that such regulation is permitted under the home rule powers of the City.
   (h)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 56; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 2; Amend Coun. J. 5-18-16, p. 24131, § 5; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 2; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 1; Amend Coun. J. 11-26-19, p. 11547, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 4; Amend Coun. J. 6-22-22, p. 49372, § 1)
ARTICLE IX. ASSISTED LIVING ESTABLISHMENT (4-6-090 et seq.)
4-6-090 Assisted living establishment.
   (a)   Definitions. As used in this section:
   "Assisted Living and Shared Housing Act" or "Act" means the Assisted Living and Shared Housing Act, codified at 210 ILCS 9/1, et seq.
   "Assisted living establishment" shall have the meaning set forth in the Act.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of assisted living establishment shall be accompanied by the following information:
      (1)   the location of the establishment;
      (2)   the total number of residents that will be housed at the establishment at any given time;
      (3)   the level of care that will be provided at the establishment;
      (4)   the name and address of the person(s) responsible for administering, supervising or managing the establishment;
      (5)   proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of assisted living establishment;
      (6)   any other information required by rules and duly promulgated by the Commissioner of Public Health.
   (c)   Departmental duties – Inspections.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of assisted living establishment, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of assisted living establishment, to so notify the alderman of the affected ward.
      (2)   The Commissioner of Public Health shall notify the Commissioner of business Affairs and Consumer Protection if the Commissioner of Public Health orders any assisted living establishment closed.
      (3)   The: (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every assisted living establishment licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the assisted living establishment was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement set forth in item (ii) of this subsection (c)(3) and in subsection (d)(2).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of assisted living establishment shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of assisted living establishment;
      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of assisted living establishment, the establishment identified in the license application is inspected in accordance with subsection (c)(3) to determine whether the establishment is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
   (e)   Legal duties. Each licensee engaged in the business of assisted living establishment shall have a duty to:
      (1)   comply with the minimum requirements and standards applicable to assisted living establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and all rules and regulations promulgated thereunder applicable to assisted living establishments. The Assisted Living and Shared Housing Establishment Act, and all such applicable rules and regulations promulgated thereunder, shall be incorporated herein and shall hereby be made a part of this section;
      (2)   comply with any rules adopted by the Commissioner of Public Health relating to the operation and conduct of any assisted living establishment licensed or required to be licensed under this chapter;
      (3)   equip the establishment with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;
      (4)   submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by the Department of Public Health and shall be verified for truthfulness and accuracy and signed by the chief physician or administrator of such establishment.
   (f)   Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of assisted living establishments. Such rules (i) shall include all minimum requirements and standards for assisted living establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to assisted living establishments promulgated under such Act; and (ii) may include additional rules relating to the operation and conduct of assisted living establishments, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules are permitted under the home rule powers of the City.
   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 57; Amend Coun. J. 5-18-16, p. 24131, § 6; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 2; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 5; Amend Coun. J. 6-22-22, p. 49372, § 2)
ARTICLE X. LONG-TERM CARE FACILITY (4-6-100 et seq.)
4-6-100 Long-term care facility.
   (a)   Definitions. As used in this section:
   "Long-term care facility" has the meaning set forth in the Nursing Home Care Act.
   "Nursing Home Care Act" or "Act" means the Nursing Home Care Act, codified at 210 ILCS 45/1-101 et seq.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of long-term care facility shall be accompanied by the following information:
      (1)   the location of the facility;
      (2)   the total number of residents that will be housed at the facility at any given time;
      (3)   the level of care that will be provided at the facility;
      (4)   the name and address of the person(s) responsible for administering, supervising or managing the facility;
      (5)   proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of long-term care facility;
      (6)   any other information required by rules duly promulgated by the Commissioner of Public Health.
   (c)   Departmental duties – Inspections.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of long-term care facility, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of long-term care facility, to so notify the alderman of the affected ward.
      (2)   The Commissioner of Public Health shall notify the Commissioner of Business Affairs and Consumer Protection if the Commissioner of Public Health orders any long-term care facility closed.
      (3)   The (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every long-term care facility licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the long- term care facility was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(2).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of long-term care facility shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of long-term care facility;
      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of long-term care facility, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the facility is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
   (e)   Legal duties. Each licensee engaged in the business of long-term care facility shall have a duty to:
      (1)   comply with the applicable minimum requirements and standards established in the Nursing Home Care Act and any rule and regulation promulgated thereunder. The Nursing Home Care Act and all rules and regulations promulgated under the Act shall be incorporated herein and shall hereby be made a part of this section;
      (2)   comply with all rules adopted by the Commissioner of Public Health relating to the operation and conduct of any long-term care facility licensed or required to be licensed under this chapter;
      (3)   equip the facility with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;
      (4)   submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by such department, and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of such facility.
   (f)   Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of long-term care facilities. Such rules shall include all minimum requirements and standards set forth in the Nursing Home Care Act and all rules promulgated under such Act, and may include additional rules relating to the operation and conduct of such facilities, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules and regulation are permitted under the home rule powers of the City.
   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 58; Amend Coun. J. 5-18-16, p. 24131, § 7; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 6; Amend Coun. J. 6-22-22, p. 49372, § 3)
ARTICLE XI. ADULT FAMILY CARE HOME (4-6-110 et seq.)
4-6-110 Adult family care home.
   (a)   Definitions. As used in this section:
   "Adult family care home" has the meaning ascribed to the term "shared housing establishment" as set forth in the Act.
   "Assisted Living and Shared Housing Act" or "Act" means the Assisted Living and Shared Housing Act, as amended, codified at 210 ILCS 9/1, et seq.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of adult family care home shall be accompanied by the following information:
      (1)   the location of the adult family care home;
      (2)   the total number of residents that will be housed at the adult family care home at any given time;
      (3)   the level of care that will be provided at the adult family care home;
      (4)   the name and address of the person(s) responsible for administering, supervising or managing the adult family care home;
      (5)   proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois as a shared housing establishment;
      (6)   any other information required by rules duly promulgated by the Commissioner of Public Health.
   (c)   Departmental duties.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of adult family care home, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of adult family care home, to so notify the alderman of the affected ward.
      (2)   The Commissioner of Public Health shall notify the Commissioner of Business Affairs and Consumer Protection if the Commissioner of Public Health orders any adult family care home closed.
      (3)   The (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every adult family care home licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the adult family care home was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(2).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of adult family care home shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois as a shared housing establishment;
      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of adult family care home, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the adult family care home is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
   (e)   Legal duties. Each licensee engaged in the business of adult family care home shall have a duty to:
      (1)   comply with all minimum requirements and standards applicable to shared housing establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and with all rule and regulations promulgated thereunder applicable to shared housing establishments. All such minimum requirements and standards set forth in such Act, and all such rules and regulations promulgated under the Act, shall be incorporated herein and shall hereby be made a part of this section;
      (2)   comply with any rules adopted by the Commissioner of Public Health relating to the operation and conduct of any adult family care home licensed or required to be licensed under this chapter;
      (3)   equip the adult family care home with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;
      (4)   submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by such department, and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of such adult family care home.
   (f)   Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of adult family care homes. Such rules (i) shall include all minimum requirements and standards for shared housing establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to shared housing establishments promulgated under such Act; and (ii) may include additional rules relating to the operation and conduct of adult family care homes, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules are permitted under the home rule powers of the City.
   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 5-18-16, p. 24131, § 8; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 4; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 7; Amend Coun. J. 6-22-22, p. 49372, § 4)
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