§ 150.16  BUILDING CODE; AMENDMENTS.
   (A)   International Building Code.  The International Building Code, 2018 edition, including Appendix C, E, G, H, I, J and N, published by the International Code Council, Inc., be and is hereby adopted as the Building Code of the Village of Kirkland, DeKalb County, Illinois, for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the International Building Code on file in the office of the Village of Kirkland, are hereby referred to, adopted and made a part hereof as if fully set out in this subchapter, with the specific revisions otherwise noted in division (B) of this section.
   (B)   Amendments. The following sections of the International Building Code, 2006 edition, are hereby revised and amended in words and figures as follows:
      a.   Section 101.1  Title.  These regulations shall be known as the Building Code of the Village of Kirkland, DeKalb County, Illinois, hereinafter referred to as “this code.”
      b.   Section 101.4.8  Electrical.  The provisions of the National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
      c.   Section 101.4.3  Plumbing.  The provisions of the Illinois State Plumbing Code shall apply to the installation, alterations, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
      d.   Section 105.2  Work exempt from permit.  Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
            Building:
               1.   Oil derricks.
               2.   Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
               3.   Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2:1.
               4.   Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route and not in the parkway area.
               5.   Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
               6.   Temporary motion picture, television and theater stage sets and scenery.
               7.   Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep or are inflatable of any depth (with or without electrical filters), do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.
               8.   Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
               9.   Swings and other playground equipment accessory to detached one- and two-family dwellings.
               10.   Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.
               11.   Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1,753 mm) in height.
               Rest of section remains the same.
      e.   Section 109.2  Schedule of Permit Fees. Insert at the end of the paragraph: “This schedule of Building Permit Fees is stated in Appendix A of this chapter, as it may be amended from time to time.”
      f.   Section 109.4  Work commencing before permit issuance.  Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fee.
         In the event that any building is undertaken without compliance with the above-referenced fee schedule after 30 days when notified of noncompliance, then and in that event, the responsible owner, contractor, or both, shall liable for a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) and 100 percent of the usual permit fee in addition to the required permit fee. Each day a violation continues shall be deemed a separate offense.
      g.   Section 109.6  Refunds. The code official shall authorize the refunding of fees as follows:
         1.   The full amount of any fee paid hereunder which was erroneously paid or collected.
         2.   Not more than 90 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
         3.   No part of the plan review fee paid shall be refunded when the plan review has been completed and the application for permit is withdrawn.
         The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
      h.   Section 113.1  General.  In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, the Village Board of Trustees shall be the board of appeals. Therefore, for the purposes of this code, the board of appeals shall be construed to mean the Village Board of Trustees. The Building Official shall be an ex officio member of the board, but shall have no vote on any matter before the board. When a quorum is present, the board shall modify, reverse or uphold the decision of the code official by a concurring vote of the majority of members present at the meeting.
         The board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Building Official shall take immediate action in accordance with the decision of the board.
      i.   Section 113.3  Qualifications. Deleted in its entirety.
      j.   Section 114.4  Violation penalties.  Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). Each day a violation continues shall be deemed a separate offense.
         Section 114.4.1  Court costs and legal fees.  In the event noncompliance with this code necessitates litigation, any person who violates a provision of this code shall be liable for court costs and reasonable attorney’s fees incurred by the village.
      k.   Section 115.3  Unlawful continuance. Any person who shall continue any work 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 subject to a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). Each day a violation continues shall be deemed a separate offense.
         Section 115.3.1  Court costs and legal fees.  In the event noncompliance with this code necessitates litigation, any person who violates a provision of this code shall be liable for court costs and reasonable attorney’s fees incurred by the village.
      l.   Section 903.4  Sprinkler system monitoring and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switches on all sprinkler systems shall be electrically supervised.
         Exception: Automatic sprinkler systems protecting one- and two-family dwellings. Delete all other exceptions.
      m.   Section 904.3.5  Monitoring.  All automatic fire-extinguishing systems in every use group shall be monitored with an approved fire alarm system with supervision in accordance with NFPA 72 and Section 907.6.6.
      mm.   Section 1101.1. When there is a conflict between the requirements of this code and the Illinois Accessibility Code the stricter of the two requirements shall be applied.
      n.   Section 1612.3  Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled: “The Flood Insurance Study for Incorporated and Unincorporated DeKalb County,” published September 1, 2000, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
   It is recommended to follow the year of the editions listed in the code unless the Fire Department wants most current edition.
(Ord. 07-13, passed 9-4-2007; Ord. 2019-11, passed 10-7-2019)