A. Code Adopted: A certain document, a copy of which is on file in the Office of the Village Clerk, being marked and designated as the International Residential Code, 2021 edition, as published by the International Code Council, Inc., shall be and is hereby adopted as the One- and Two-Family Dwelling and Townhouse Code of the Village, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the One- and Two-Family Dwelling and Townhouse Code are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions and changes, if any, prescribed in subsection B of this section.
B. Amendments To Code: The following sections are hereby revised as follows:
Section P2904: Dwelling Unit Fire Sprinkler Systems is deleted in its entirety.
Section R-101.1: Insert “the Village of Kildeer”.
Section R-104.12: Add a new section R-104.12 entitled “Building Site” as follows:
(Ord. 18-O-012, 6-19-2018)
“All driveway culverts shall be reinforced concrete pipe (RCP) and shall have flared end sections. All driveway culverts shall be 15" minimum diameter, provided, however, if the village engineer determines that the preservation of the ditch line and/or drainage patterns upstream and/or downstream of the building site requires a larger or smaller driveway culvert and/or a particular placement thereof, the village engineer shall direct such installation and/or placement, which direction shall control. All driveway culverts shall be installed on top of six inches (6") of compacted gravel. When any driveway approach is paved, it shall be paved with asphalt.
Building sites shall be graded to conform to approved subdivision design. Required drainage swales shall be graded or maintained as detailed on the approved subdivision plans. Detention or retention areas on private property shall not be altered and shall be maintained as originally designed and constructed.
(Ord. 14-O-015, 4-15-2014)
Woodland Protection: It is the intent of this section to establish regulations controlling the removal and encouraging the replacement of trees from public and private property within the village. In so doing, the village will safeguard the ecological environment, including soil, air and water quality, habitat, and noise mitigation, and the aesthetic environment including economic and quality of life benefits of tree and woodland preservation. These regulations are further intended to serve to dissuade the unnecessary clearing and disturbing of land so as to preserve, insofar as practical, the existing natural vegetation of the area and to replace as necessary the removed vegetation with appropriate plant material indigenous to the region.
1. These regulations shall apply to all new development and forestry. Forestry would involve the clearing of woodlands*, with or without development. (*Woodland: an area or stand of trees whose total combined canopy covers an area of one acre or more and at least 50 percent of which is composed of canopies of trees having a diameter at breast height (dbh) of at least 10 inches or any grove consisting of 8 or more individual trees having a dbh of at least 12 inches whose combined canopies cover at least 50 percent of the area encompassed by the grove. Provided, however, that no trees grown for commercial purposes shall be considered a woodland.)
2. A permit should be required for removal or destruction of trees greater than six inches (6") diameter at breast height (dbh) either for new development or for forestry with the following exceptions: a) trees requiring immediate removal for disease and safety reasons, b) trees in nurseries, preserves, and botanic gardens, c) trees that are invasive or exotic species, d) removal consistent with good forestry practice and woodland management as verified by letter of approval by a certified professional forester or arborist.
3. For all new development or forestry, a tree survey shall be provided in conjunction with the tree removal permit application indicating the location of all trees with a dbh of six inches (6") or more which may include information on their species, health, and structure and identifying those trees which are proposed to be destroyed, relocated or preserved.
4. Forestry - When forestry would result in removal of more than thirty percent (30%) of the woodland area on the applicant’s parcel, reforestation shall be provided elsewhere on the parcel or on nearby property to restore the woodland to at least seventy percent (70%) of its original area. The reforestation shall comply with the regulations as per section 6-5-9 of the village code.
Development - In the event that the submitted plans indicate there are existing trees that shall be removed for the development of the site, such trees shall be replaced in accordance with the following:
Diameter Size Of Existing Tree (Inches) | Number Replacement Trees | Trunk Caliper* |
30 or greater | 3 | 3" to 5" |
20 - 29 | 2 | 3" to 5" |
11 - 19 | 2 | 21/2" |
6 - 10 | 1 | 21/2" |
*Trunk caliper in inches as measured diameter at breast height (dbh).
All replacement trees shall have a minimum trunk size, as noted above, measured diameter at breast height (dbh) upon installation. Replacement trees shall comply with regulations as per section 6-5-9 of the village code. All replacement trees shall be guaranteed for one full year from planting date and, if replacement of failed trees is necessary, shall be promptly replaced with trees of the same variety and size.
5. The applicant is encouraged to relocate trees otherwise expected to be destroyed.
6. A final tree inspection approval by the village is required.
7. Tree protection measures to be taken during construction shall be specified in the application. (See guidelines set by International Society Of Arboriculturists.)
8. Enforcement
A. The Building Commissioner shall administer the Woodlands Protections provisions of the Village Code* (See Title 4 of the Village Code).
B. He shall make inspections and for that purpose may enter premises.
C. He shall stop, by written work order, work being done contrary to the building permit or contrary to any ordinances of the Village.
D. He shall revoke, by writing, a permit or approval issued contrary to the building regulations of the Village or misrepresentation in the application for permit.
E. He shall perform any and all other duties prescribed by the Village Board or as otherwise indicated in the ordinances of the Village.
(Ord. 18-O-012, 6-19-2018)
Control Of Site Sanitation: Whenever a building permit has been issued for the construction of a new structure or for the remodeling, alteration of or addition to an existing structure, then and in such event, the builder or contractor shall maintain the site in a clean, healthy, safe and orderly manner, disposing of construction debris and other debris periodically. One dumpster and one portable toilet shall be placed at said construction site, and maintained thereon until such time as other facilities are available on-site. It shall be the duty of the building commissioner to enforce the provisions of this section, and upon the failure of the builder or contractor to comply with this section, to issue a stop work order or take such other action under this section as is required.”
Section R-109.1.4.1: Add the following to section R-109.1.4.1:
“Prefabricated construction assemblies shall be limited to open- framing only. All members, fasteners and connections shall be visible for field inspection. No concealed members, connections, fasteners or fitting shall be allowed.”
Section R-202: Add the following:
Architectural Building Controls: See “Architectural Building Controls”, title 4, chapter 9 of the village code.
Exterior Design: See “Architectural Building Controls”, title 4, chapter 9 of the village code.
Section R-301.1.4: Add new section to section R-301:
Architectural Design: See “Architectural Building Controls”, title 4, chapter 9 of the village code, and village of Kildeer architectural review criteria.
Section R-301.2: Insert the following language in table R301.2(1), under the respective table headings:
Ground Snow Load | Thirty (30) | |
Add Roof Live Load | Thirty (30) | |
Add Roof Snow Load | Thirty (30) | |
Wind Pressure | Twenty (20) | |
Seismic Design Category A | Zero (0) | |
Subject To Damage From: | ||
Weathering | Severe | |
Frost Line Depth | Four feet (4') | |
Termite | Moderate to heavy | |
Decay | Slight to moderate | |
Winter Design Temp For | ||
Heating Facilities | Sixty-five degrees (65) | |
Flood Hazard | See local flood zone | |
Section R-303.7: Add a new section R-303.7.2 entitled “Basement Windows”, as follows:
“R-303.7.2 Basement Windows: Basements shall be constructed with windows for natural light and ventilation, with a minimum window area to basement ratio to 1 to 100.”
Section R-305.1.1:
“R-305.1.1 Basements: R-305.1.1 Basement ceiling heights shall be not less than seven feet six inches (7'6") from the finished floor to the joists.”
Section R-309:
Add R-309.5 to section R-309:
“R-309.5 Opening Protection: Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with either solid wood doors not less than one and three-quarter inches (13/4") in thickness, 20-minute fire rated door or equivalent, with rabbeted frame, and a self-closing device.”
Add R-309.6 to section R-309:
“R-309.6 Separation Required: The garage shall be completely separated from the residence and its attic area by a means of five- eighths inch (5/8") type “x” fire rated gypsum board, or equivalent, applied to the garage side of walls and ceiling construction.”
Section R-313.2: Delete in its entirety.
Section R-315.1: Add as follows:
Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within fifteen feet (15 ft.) of every room used for sleeping purposes. Responsibility to supply and install all required alarms lies with the owner of the structure or residence.
Section R-401.2: Insert:
“A continuous foundation shall be provided under all structure which share a common roof, or have roof lines tied together, unless the building commissioner determines that adverse grading conditions require an alternative foundation system and approves the specific alternative foundation system proposed for the structures. Cantilevering of bays and similar structures is expressly prohibited.
Foundations shall be constructed into the existing topography of the building site so that the top of foundation walls are within one and one-half feet (1.5') of the existing grade at all points. Deviation to this requirement will be considered only where necessitated by drainage and or engineering.
Concrete piers, three feet six inches (3'6") deep, eight inches (8") to ten inches (10") diameter, placed as approved, may be used for decks, terraces, and open porches without roof.
Beam and post anchors are required; no concrete embedded wood is permitted.”
Section R-402: Add the following:
“All references to wood or masonry footings and foundations shall be deleted. All footings and foundations shall be concrete.”
Section R-402.1: Delete in its entirety.
Section R-403: Delete all references to wood foundations in their entirety.
Section R-403.1.1: Insert:
“Walls at eight inches (8"): Concrete footings shall be sixteen inches (16") wide by eight inches (8") high.
Walls at ten inches (10"): Concrete footings shall be twenty inches (20") wide by ten inches (10") high.
Walls at twelve inches (12"): Concrete footings shall be twenty- four inches (24") wide by twelve inches (12") high.”
Section R-404.1: Insert:
“All foundation walls shall be poured in place concrete. All foundation walls over seven feet (7') high shall be ten inches (10") thick, minimum. All foundation walls shall be reinforced with two #5 bars at top and bottom of wall, and two #4 reinforcing bars above and below openings in walls, extending two feet (2') beyond such openings. Foundation walls or wing walls shall be provided under the entrance stoop, platform or steps.”
Delete use of masonry foundation walls.
Section R-601: Delete all references to wall sheathing of a thickness less than one-half inch (½") contained in all tables. Add:
“All installations of EIFS systems when used over wood framing will receive one half inch (½") plywood sheathing installed directly to wood studs, below rigid foam. No direct application of rigid foam sheathing to wood studs will be permitted.”
Section R-602.3.2: Insert:
“Wood stud walls shall have double top plates, with interior partition top plates interlocked to the exterior, all intersecting partitions and walls shall be interlocked and splices in top plates shall be offset a minimum of four feet (4') from splices in the plate below.”
Delete all references to single top plate.
Section R-602.3.5: Add section R-602.3.5:
“All wood framed walls in “walk out” basement areas or basements having partial wood framed exterior walls supporting 2-story construction areas shall be framed within minimum 2x6 studs at sixteen inches (16") on center and sheathed with one-half inch (½") plywood.”
Section R-602.3.6: Add section R-602.3.6:
“Shimming sill plate on foundation wall shall be shimmed with decay-resistant material, and shall be set on sill seal type insulation or grouted tight.”
Section R-602.4: Delete in its entirety and insert:
“R-602.4 Interior Partitions: Interior-bearing partitions shall be constructed, framed and firestopped as specified for exterior walls. Bearing walls in wood frame construction shall be adequately designed to accommodate piping and ductwork to be concealed in the wall construction. This will require the walls incorporating piping and ductwork to be constructed of 2x6 studs or double 2x4 walls. Interior nonbearing partitions may be constructed of 2x4 studs spaced sixteen inches (16") on center.”
Section R-702.3: Delete all references to gypsum wallboard having a thickness of less than one-half inch (½") appearing in table R-702.3.5 in their entirety; delete all references to a twenty-four inch (24") maximum spacing of frame members in the one-half inch (½") thickness rows of table 702.3.5 in their entirety, and in lieu thereof, substitute “sixteen inches (16")”; and delete all references to a sixteen inch (16") maximum spacing of frame members in the five-eighths inch (5/8") thickness rows of table R-702.3.5 in their entirety and in lieu thereof, substitute “twenty-four inches (24")”.
Section R-703.2: Insert:
“Water resistant membrane and sheathing paper shall be installed on the exterior side of the wall sheathing. Water-resistant membrane may be omitted using EIFS system”.
Section R-703.4: Delete the following siding materials from table R703.4:
Horizontal aluminum
Hardboard/panel siding-vertical
Siding vertical/hardboard/lap-siding horizontal
Steel
Particleboard panels
Plywood panel/(exterior grade)
Vinyl siding
Section R-803.1: Insert:
“Roof plywood shall be one-half inches (½") minimum thickness, or five-eighths inch (5/8") plywood for twenty-four inch (24") spacing of trusses.”
Section R-803.2: Insert:
“Particleboard roof sheathing shall be one-half inch (½") minimum thickness. OSB may be used and shall be one-half inch (½") minimum thickness with sixteen foot (16') maximum spacing of framing members or five-eighths inch (5/8") minimum thickness with twenty-four inch (24") spacing of framing members.”
Section R-807.1: Insert:
“Attic access panels shall be located in walk-in type closets or rooms for accessibility purposes, and shall provide a minimum four feet six inches (4'6") headroom in attic directly above access location.”
(Ord. 14-O-015, 4-15-2014)
Section R-905.2: Insert:
“Asphalt shingles shall be lifetime warranty, architectural shingle.”
Section R-905.2.5: Insert:
“Fasteners for asphalt shingles shall be galvanized steel, stainless steel, aluminum or copper roofing nails, minimum 12 gauge (0.105 inch (3mm)] shank with a minimum 3/8-inch (10 mm) diameter head, ASTM F 1667, of a length to penetrate through the roofing materials and a minimum of 3/4 inch (19 mm) into the roof sheathing. Where the roof sheathing is less than 3/4 inch (19 mm) thick, the fasteners shall penetrate through the sheathing. Fasteners shall comply with ASTM F 1667. Roof shingles, wood shakes and wood shingles shall be fastened with nails.”
(Ord. 14-O-023, 6-17-2014)
Section R-905.2.7.1: Delete 24 inches (610 mm) insert 36 inches. Ice barrier shall be used in all roof valleys and roof intersections. Add figure F905.2.7.1(2) change 24" min to 36" min.
Section R-905.4: Delete: metal roof shingles in its entirety.
Section R-905.10: Delete: metal roof panels in its entirety except that metal roof panels are allowed to cover areas less than five hundred (500) square feet over porches or bay windows.
Chapter 10: Add a new section R-1000 entitled “General”, as follows:
“Section R-1000 - General
R-1000.1 Chimney Construction: The provisions hereof shall control the design and construction of all residential chimneys and flues erected or altered in all residential buildings and structures.
a. Definition: A “chimney” is herewith defined as a primarily vertical masonry shaft which includes one or more flues.
b. Construction: Chimneys, vertical flues and vertical smokestacks for all fuel-fired equipment and appliances in residential buildings shall have a masonry or stone exterior. In every case a chimney shall be supported on approved foundations not designed to support any direct load other than its own in residential buildings.”
Chapter 11: Delete the chapter in its entirety and add the following:
Reference to international energy conservation code 2012 with IL amendments.
Section M1305.1.3: Insert:
“Furnaces and appliances installed in attics shall be enclosed in a room with a minimum 2x4 construction, sheathed on both sides with one half inch (½") wallboard and ceiling. Provide a condensate drain, 100v smoke detector, and luminaire controlled by a switch at opening.”
Section M1402.1: Add section M1402.1.1 “In General”:
“All residences exceeding 3,200 square feet will be required to have at least two (2) mechanical units (furnaces). Minimum efficiency of the mechanical unit shall exceed eighty percent (80%). Mechanical contractor shall be responsible to provide seventy (70) degree indoor temperature with an outside air temperature ten (10) degrees with a fifteen mile per hour (15 mph) wind. Where air conditioning is installed, mechanical contractor shall provide indoor temperature of seventy (70) degrees with an outside temperature of ninety-five (95) degrees.”
Section M1601.0: Add:
“All supply and return ductwork shall be enclosed in approved duct work. Panned joist spaces and plenum spaces in floors, ceilings and walls shall not be permitted.”
Section M1602: Create M1602.0:
“Return air inlets shall be located in all habitable rooms except: closets, bathrooms, kitchen, garage and mechanical or furnace room.”
Section M1800: The provisions hereof shall control the design and construction of all residential chimneys and flues erected or altered in all residential buildings and structures.
a. Definition: A “chimney” is herewith defined as a primarily vertical masonry shaft which includes one or more flues.
b. Construction: Chimneys, vertical flues and vertical smokestacks for all fuel-fired equipment and appliances in residential buildings shall have a masonry or stone exterior. In every case a chimney shall be supported on approved foundations not designed to support any direct load other than its own in residential buildings.
Chapter 25: Delete chapter 25 in its entirety, and insert the Illinois plumbing code.
Chapter 35: Delete chapter 35 in its entirety and insert national electric code 2011.
(Ord. 14-O-015, 4-15-2014; amd. Ord. O-018, 8-16-2022; Ord. 23-O-013, 8-15-2023)