(A) Code adopted. There is hereby adopted by reference as if fully set forth herein, that certain Building Code known as the International Swimming Pool and Spa Code - 2015 edition, and as thereafter amended and on file with the Village Clerk, as the Swimming Pool and Spa Code for the Village.
(B) Copies on file. At least one copy of the International Swimming Pool and Spa Code - 2015 has been on file in the Village Hall for more than 30 days prior to the adoption hereof and is now on file. The Building Official shall keep on file in his or her office at least one copy of the International Swimming Pool and Spa Code - 2015, which shall be available for inspection.
(C) Special provisions. The following words, provisions, and paragraphs are to be added to the following designated sections of the International Swimming Pool and Spa Code - 2015. These provisions supersede the requirements of the indicated provisions of such code.
101.1 Title: Insert Village of Diamond.
103.1 Creation of enforcement agency: Shall be deleted in its entirety and replaced as follows:
The Building Official shall be charged with the enforcement of the Swimming Pool and Spa Code, as amended herein, and shall be known as the code official.
105.6.1 Work Commencing Before Permit Issuance: Shall be deleted in its entirety and replaced as follows:
Persons who commence or complete work without obtaining the required permit, in addition to any other fines or penalties, shall be required to pay a penalty prior to issuance of the permit. The penalty for commencing or completing work without obtaining the required permit shall be the cost of the standard permit fee, with a maximum penalty as set forth in Section 10.99 of the Village Code.
105.6.2 Fee Schedule: Shall be deleted in its entirety.
105.6.3 Fee Refunds: Shall be deleted in its entirety.
107.1 Unlawful Acts: Shall read as follows:
It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any system, or cause same to be done, in conflict with or In violation of any of the provisions of the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided.
107.2 Notice Of Violation: Shall read as follows:
The Building Official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of work in violation of the provisions of the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided, or in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Administrative notices are attempts to secure voluntary compliance and are not the start of prosecution for jurisdictional purposes.
107.3 Prosecution Of Violation: Shall read as follows:
If the notice of violation is not complied with promptly, the Building Official may request the legal counsel of the Village to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful pool or spa in violation of the provisions of the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided or of the order or direction made pursuant thereto.
107.4 Violation Penalties: Shall read as follows:
Persons who shall violate a provision of the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided, shall be subject to penalties as prescribed by law and as provided in Section 10.99 of the Village Code. Each day that a violation continues shall be deemed a separate offense.
107.5 Stop Work Orders: Shall read as follows:
Upon notice from the Building Official, that work is being done contrary to the provisions of the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided or in a dangerous or unsafe manner, such work shall Immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s authorized agent, or to the person doing the work. The notice shall state the conditions under which work Is authorized to resume. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be punished as prescribed by law and as provided in Section 10.99 of the Village Code.
107.6 Abatement Of Violation: Shall read as follows:
The imposition of the penalties herein prescribed shall not preclude the Building Official from instituting appropriate action to prevent unlawful construction, restrain, correct or abate a violation, or to prevent illegal use of a pool or spa, or stop an illegal act, conduct, business or utilization of the plumbing on or about any premises.
107.7.1 Authority To Condemn a System: Shall read as follows:
Whenever the Building Official determines that any system, or portion thereof, regulated by the International Swimming Pool and Spa Code or amendments to the International Swimming Pool and Spa Code as herein provided has become hazardous to life, health or property, or has become insanitary, the Building Official shall order in writing that such system either be removed or restored to a safe or sanitary condition, A time limit for compliance with such order shall be specified in the written notice. A person shall not use or maintain a defective system after receiving such notice. When such system is to be disconnected, written notice as prescribed in Section 107.2 of the International Swimming Pool and Spa Code as amended shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice.
Section 108 Means of Appeal: Shall be deleted in its entirety and replaced as follows:
That any person, firm or corporation shall have the right to appeal a decision of the Building Official to the Village Planning and Zoning Commission. Means of appeal shall follow requirements set forth in Section 14.06, Appeals of Administration Decisions, of the Village Zoning Code.
305.1 General: Delete the following:
Exceptions:
2. Swimming pools with a powered safety cover that complies with ASTM F 1346.
Plumbing Code.
Delete all references to the “International Plumbing Code” and replace them with the “Illinois State Plumbing Code”, current edition (as published by the Illinois Department of Public Health) and as thereafter amended in Chapter § 154.012 of the Building Code.
(Ord. 2018-03, passed 1-23-2018)