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4-6-5: LICENSE REQUIRED; TERMINATION AND RENEWAL:
It shall be unlawful for any person to occupy for rental, a guest accommodation, including lodging or rooming houses as defined by the NFPA, exclusive of a bed and breakfast facility, within the boundaries of the county, but outside the limits of the cities, villages and incorporated towns, without having first secured a license therefor from the county building and zoning administrator granted in compliance with the terms of this chapter. Dwelling Units designed/constructed to be owned/used independently shall be licensed individually. Such license shall terminate on the last day of the calendar year following the date of issuance, but it may be renewed under the provisions of this chapter for additional periods of one year. (Ord., 8-10-1999; amd. Ord., 7-8-2014; Ord. O2022-1, 2-8-2022)
4-6-6: APPLICATION FOR LICENSE:
The application for the license required by this chapter or renewal thereof shall be filed with the building and zoning office and shall be accompanied by the required fee. The application for a license or a renewal thereof shall be made on printed forms furnished by the building and zoning office and shall include the name and address of the applicant under which the facility shall be occupied for rental, and a brief and concise description of the type of facility being licensed, which shall include information as to location and number of units. (Ord., 8-10-1999; amd. Ord. 2014-5, 7-8-2014; Ord. O2022-1, 2-8-2022)
4-6-7: LICENSE FEE:
Any application for a guest accommodation or guest home/house license shall be accompanied by a fee as set by the county board. (Ord. 2014-5, 7-8-2014)
4-6-8: INSURANCE REQUIRED:
No license shall be issued prior to the owner of the establishment providing the county with proof that liability insurance in an amount not less than one hundred fifty thousand dollars/three hundred thousand dollars ($150,000.00/$300,000.00) per occurrence exists with respect to such establishment. (Ord. 2014-5, 7-8-2014)
4-6-9: INSPECTION OF PREMISES; ISSUANCE OF LICENSE:
The county building and zoning administrator or his designated agent shall complete an inspection of the facilities every two (2) years (or more often if deemed necessary by the building and zoning administrator) and determine that said facilities comply with the applicable federal, state and local laws and regulations, including, but not limited to, the applicable requirements for guest lodgings as provided for in the NFPA 101 life safety code (NFPA code), the state and county public health requirements, the county building code and provisions of this chapter. A copy of the inspection report shall be conspicuously displayed within a public area of the accommodation. A license shall be applied for and issued annually. (Ord. 2014-5, 7-8-2014)
4-6-10: SITE AND STRUCTURE REQUIREMENTS; UTILITIES:
   A.   Occupancy: The occupancy of any single building used for guest accommodations shall be limited to no more than: 1) two (2) persons per bedroom, plus two (2) additional persons per building, not to exceed a maximum of sixteen (16); or 2) no more than one person for every one hundred (100) gallons of water per day that the building's septic system is designed to handle, whichever number is smaller. The occupant load of each guestroom, lodging or rooming house or rental home shall be posted in a prominent location, and the occupant load shall not be exceeded. Adults and minors shall be included in the occupancy count.
   B.   Septic Systems:
      1.   Every facility not on a central sewer must be on a septic system that is designed and constructed to handle the maximum number of guests for which the facility is licensed. If additional guest accommodations are added to any facility, the septic capacity must be increased to handle the maximum number of guests for which the addition is designed. Any expansion to the septic system must meet all state and county regulations.
      2.   The septic system tank must be pumped out a minimum of once every four (4) years or as often as the county health officer may require. A copy of the pumper's report shall be provided to the building and zoning office.
   C.   Water Supply: The owner of every rental facility not on a central municipal water system must have its well water tested a minimum of once every year. The costs for such testing shall be the responsibility of the property owner. A copy of the test results shall be provided to the building and zoning office annually.
   D.   Mechanical Systems: Every facility utilizing any gas, oil or solid fuel burning appliance or apparatus, including, but not limited to, furnaces, fireplaces, wood stoves or hot water heaters, shall have each such appliance or apparatus inspected annually by a heating technician. A copy of the inspection report shall be provided to the building and zoning office annually.
   E.   Fire Department Requirements:
      1.   Minimum Requirements: Each building/facility shall meet the applicable requirements of the NFPA code specific to the type of structure licensed, and the additional requirements set forth in this subsection.
      2.   Smoke And Carbon Monoxide Detectors:
         a.   Detectors Required: Each facility shall be required to install and maintain smoke detectors and carbon monoxide detectors according to the following requirements:
            (1)   Smoke Detectors:
               (A)   Smoke detectors must be either permanently wired into the building's AC power line, with battery backup, or be otherwise interrelated so as to comprise a system that is, in the judgment of the county building and zoning administrator, of equal or greater protection value.
               (B)   Multistation units shall be interconnected so that the activation of one detector will activate all the detectors in the building or will activate other centrally located warning devices.
               (C)   Smoke detectors shall be installed in accordance with the requirements of the county regulations specific to the particular type of structure licensed as a guest accommodation.
            (2)   Carbon Monoxide Detectors: Carbon monoxide detectors shall be placed in each facility in accordance with Illinois law, 430 Illinois Compiled Statutes 135/1 et seq., as amended. Such carbon monoxide detectors shall be installed in accordance with the manufacturer's recommendations.
      3.   Requirements For Emergencies:
         a.   Emergency Lighting: All guest facilities shall provide adequate emergency lighting, as determined by the building and zoning administrator, of the interior of the facility so as to provide any guest with sufficient light to find an appropriate exit during a fire or other emergency.
         b.   Exit Requirements: All interior and exterior exits shall open from the inside without the use of a key or special knowledge. All such exits shall be of a width of thirty inches (30") or greater and shall not be blocked or obstructed at any time.
         c.   Floor Plan: A floor plan of the building shall be maintained and displayed in prominent location in each guest facility. The plan shall show the location of each guestroom and the exit locations to be used for such guestrooms in the event of fire. The licensee shall furnish two (2) copies of the floor plan to the building and zoning office. The building and zoning administrator shall provide a copy of each floor plan to the appropriate fire chief.
         d.   Emergency Telephone: Each guest house or home shall provide a telephone for emergency purposes. Such phone shall be available twenty four (24) hours a day. A list of all emergency numbers shall be posted next to the telephone. Property owners shall contact the Jo Daviess County sheriff's office to schedule an emergency test call to confirm match to the licensed physical address.
   F.   Access Roads: All access roads serving any guest facility shall be of sufficient width and construction to accommodate emergency vehicles. Local fire departments may designate minimum acceptable width required for access roads, but in no case shall the width be less than ten feet (10').
   G.   Parking: Each and every facility shall provide no less than one parking place for every two (2) persons for which the licensed facility provides occupancy. Overnight parking on township, county or state roads adjacent to the facility is prohibited. (Ord. 2014-5, 7-8-2014; Ord. O2021-6, 9-14-2021)
4-6-11: DUTIES OF OPERATOR AND LICENSEE:
It is hereby made the duty of the owner, licensee, or agent of the owner, in charge of the facilities regulated by this chapter to:
   A.   Guest Information: Keep a record of the following information with respect to the individual leasing the guest accommodation, and to make such information available to the building and zoning office for review upon request:
      1.   Name and address.
      2.   Dates of arrival and departure.
      3.   License number of the vehicle.
   B.   Maintenance Of Establishment: Maintain the facility in a clean, safe, orderly and sanitary condition.
   C.   Compliance With Provisions; Report Violations: Ensure compliance with the provisions of this chapter and report to the proper authorities any violations of this chapter or any other violations of law which may come to their attention.
   D.   Visible Address: Comply with the county ordinance requiring that the address of the facility be posted so as to be clearly visible from the street 1 .
   E.   Hotel Motel Tax Compliant: Owner or rental agent to report and submit the hotel motel tax for each rental to the Jo Daviess County treasurer's office as required by law. Failure to do so, may result in the revocation of the owner's license pursuant to section 4-6-14 of this chapter. (Ord. 2014-5, 7-8-2014)

 

Notes

1
1. See title 7, chapter 2 of this code.
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