The following amendments to Chapter 1 of the 2021 International Building Code shall apply:
Section 101 General
101.1 Insert "County of Kane" as the name of the jurisdiction.
101.4.3 Plumbing - Delete
101.4.4 Property Maintenance - Delete
101.4.5 Fire Prevention - Delete
Insert the following new sub-section:
101.5 Affect
Nothing in this ordinance or in the Kane County Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed by this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 103 Department of Building Safety
103.1" Insert "The Building & Community Services Division of the Kane County Development Department shall act as the Department of Building Safety."
Section 105 Permits
105.2 Work exempt from permit.
Building:
1. Delete "tool and storage sheds" and "similar uses".
2. Delete entire text and insert "Fences of any height that can be seen through."
105.5 Expiration.
Insert the following at the end of the text:
“After two (2) years, if the work is not completed, the permit will expire and a new permit will be required for all remaining work. Permits for demolition shall expire 90 days after day of issuance. Permits for swimming pools, repairs, minor alterations, damage assessment, decks, accessory structures, electric service, privacy fences, temporary structures, tower and control buildings, co-locations of antennas, and establishment of use permits shall expire 180 days after the date of issuance. If the work is not completed, an extension or a new permit will be required for all remaining work.”
Insert the following new sub-section:
105.8 Conformance with other county regulations and state laws.
No building permit shall be issued for a building to be constructed on any lot, piece, parcel or tract of land that does not conform with provisions of all laws compiled in Chapter 109 of the Illinois Revised Statutes, in force from time to time, and the subdivision regulations and other applicable ordinances in force from time to time in this county and also the county's zoning ordinance, as amended from time to time. No permit shall be issued unless and until the road base, for required roads in any subdivision, has been installed, approved and accepted by the proper authority. No permit shall be issued for any public building or facility, used by the public, unless plans and specifications for such building, or facility, meet the standards promulgated pursuant to the provision of the Illinois Accessibility Act October 23, 2018, as amended from time to time.
Insert the following new sub-section:
“105.9 Construction waste and site materials. Construction waste and site materials, of any type, will be contained on the property from which it was generated. Waste and site materials will be removed in a manner, which prevents injury or damage to persons, adjoining properties and public right-of-ways. All waste and site materials will be disposed of properly per local, state and federal guidelines.”
Section 107 Submittal Documents
Insert the following new sub-section to 107.1 Submittal Documents:
“107.2.9 Component parts of prefabricated structures.
In order to permit the use of component parts in a structure erected on a site in the county, which component parts are manufactured or fabricated at an offsite location in such a manner as to comply fully with requirements of this article, but which arrive at the site of erection having inside wall covering already installed and, thus, rendering inspection thereof impossible or difficult, then, in such cases the inspection required by this article at the time after the building is framed, roofed, and rough wiring and plumbing installed, but before any inside wall is installed, will be waived if the following conditions are first satisfied:
(1) That evidence satisfactory to the building officer shall be submitted to the building officer that the component part or parts are manufactured or fabricated by a manufacturer in a uniform manner and production control procedures are maintained and the records thereof are kept; copies of said records are made available to the building officer.
(2) That the plans and specifications for the component parts prepared in such detail as to evidence compliance with the requirements of this article are submitted to the building officer for approval if found to be in compliance with the requirements of this article.
(3) That said plans and specifications shall have contained on each page thereof the certificate of an Illinois registered architect or structural engineer attesting that said plans and specifications provide for full compliance with the construction requirements of this article.
(4) That there be furnished to the building officer prior to the use of the prefabricated component part at the site of erection a certificate of the manufacturer attesting to the fact that said part was constructed or fabricated in strict accordance to the applicable plans and specifications, which plans and specifications shall be specifically identified.
(5) That the builder or manufacturer furnish to the building officer and/or his representative, transportation to and from the place of manufacture of said building, on the day of construction of said building, so said officer can inspect fully the building to be erected in the county.
(6) See Appendix E “Manufactured Housing Used as Dwellings,” 2021 International Residential Code for additions, alterations or repairs to existing manufactured homes and building service equipment.”
Section 110 Inspections
Section 110.3.1 Footing and foundation inspection.
Insert the following at the end of the text:
“An approved solid base for the proposed drive must be installed from the appropriate public right-of-way to within 25 feet of the structure prior to scheduling a footing and foundation inspection to provide safe and adequate access to the structure for building inspectors and emergency vehicles.”
Section 113 Board of Appeals
Delete Section 113 Board of Appeals and insert the following:
Section 113 Appeals and disputes
113.1 Appeals to the County Development Committee
113.1.1 An appeal may be taken to the Development Committee of the County Board by any person aggrieved, from any order, requirement, decision or determination made by the building officer. Such appeal shall be taken within twenty (20) days of the date of the action from which it is taken by filing with the building officer and with the Development Committee a notice of appeal, specifying the grounds thereof. The Development Committee shall thereupon set a reasonable date, time, and place certain for a hearing of said appeal, and shall cause written notice thereof to be mailed to the appealing party, or his attorney, and to the building officer.
113.1.2 The Development Committee may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination as in its opinion ought to be done or made in the premises, and to that shall have all the powers vested in the building officer by this article.
113.1.3 The concurring vote of five (5) members of the Development Committee shall be necessary to reverse, in whole or part, or to modify, any orders, requirements, decisions or determinations of the building officer. The Development Committee shall keep minutes of its proceedings hereunder, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
113.1.4 All decisions of the Development Committee hereunder shall be reduced to writing, filed with the clerk of the county, and a copy thereof mailed to the appealing party and to the building officer.
113.2 Disputes
Where a dispute arises regarding a code interpretation or engineering opinion furnished by the owner of property involved in any matter covered by this article, the county may engage the services of a qualified registered architect or engineer. The owner of the property involved shall reimburse the county for the reasonable customary cost of such services. Where a permit is issued, such engineering expense shall be added to the permit fee. Where no permit is issued, such expense shall be paid by the owner of the property or may be collected by civil action against the owner.
Chapter 2 Definitions
Insert the following new definition:
“Useable Space. Any space in or attached to a building including habitable spaces, living spaces, occupiable spaces and all other areas including storage spaces, utility spaces, mechanical spaces, unfinished basements, open porches, decks, and breezeways.” (Ord. 12-366, 12-11-2012, eff. 1-1-2013; amd. Ord. 21-475, 11-9-2021)