§ 150.23  RESIDENTIAL CODE; AMENDMENTS.
   (A)   International Residential Code for One- and Two-Family Dwellings.  The International Residential Code for One- and Two-Family Dwellings, 2018 edition, including Appendix A, B, C, D, E, F, G, H, J, K, M, N, and Q as published by the International Code Council, Inc., be and is hereby adopted as the Residential Code of the village for regulating and governing the design, construction, quality of materials, erection, installation, alteration, movement, enlargement, replacement, repair, equipment, location, removal, demolition, addition to, use or maintenance of detached one- and two-family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of the International Residential Code on file in the office of the village 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 Residential Code for One- and Two-Family Dwellings, 2018 edition, are hereby revised, amended, or added in words and figures as follow:
      a.   Section R101.1  Title. These provisions shall be known as the Residential Code of the Village of Kirkland, DeKalb County, Illinois, and shall be cited as such and will be referred to hereinafter as “this code.”
      b.   Section R105.2  Work exempt from permit. 
         Building: Delete numbers 1 and 2, then renumber to read:
               1.   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.
               2.   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.
               3.   Service sidewalks, patio slabs, and that portion of the driveway on private property.
               4.   Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
               5.   Prefabricated swimming pools that have a maximum water depth of 24 inches (610 mm) and/or inflatable, temporary swimming pools of any water depth.
               6.   Swings and other playground equipment.
               7.   Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
         Rest of section remains the same.
      c.   Section R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with Appendix A of this chapter, as may be amended from time to time.
      d.   Section R108.2.1 Work commencing before permit issuance. Any person who commences any work 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 be subject to 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.
      e.   Section 108.5  Refunds.  The Building 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.
      f.   Section R112.1 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. The board of appeals shall adopt rules of procedure for conducting its business. When a quorum is present, the board shall uphold, modify, or reverse the decision of the code official by a concurring vote of the majority of members present at the meeting; and, shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
      g.   Section R112.3  Qualifications.  Deleted in its entirety.
      h.   Section R113.4  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 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 after due notice has been served shall be deemed a separate offense.
         Section R113.4.1  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.
      i.   Section R114.2  Unlawful continuance.  Any person who shall continue any work in or about the structures 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 unauthorized work continues after due notice has been served shall be deemed a separate offense.
         Section R114.2.1  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.
      j.   Table R301.2(1) Insert the following data into table:
         For Ground Snow Load:
         For Wind Speed: 115
         Topographical Effects: Yes
         Special Wind Region: No
         For Seismic Design Category: A
         For Weathering: Severe
         For Frost Line Depth: 42
         For Termite: Moderate to Heavy
         For Winter Design Temperature: -4° F
         For Ice Barrier Underlayment Required: Yes
         For Flood Hazards:
         Date of the currently effective FIRM and FBFM: Latest published edition.
         For Air Freezing Index: 2000
         For Mean Annual Temperature: 47° F
         Manual J Design
         Elevation - 758 Latitude - 42 Winter heating - 1 Summer cooling - 89 Altitude correction - 98
         Indoor design temp - 72 Design temperature cooling - 75 Heating temperature difference 76
         Cooling temperature difference - 14 Wind velocity heating - 15 Wind velocity cooling - 7.5
         Coincident wet bulb 74 Daily range - M Winter humidity 40 Summer humidity
      k.   Section R311.7.8.5  Handrails.  Type I handrails shall be provided on at least one side of each continuous run of treads or flight with three or more risers.
      l.   Section P2603.6.1.  Sewer Depth. Building sewers that connect to a private sewage disposal system shall be a minimum of 42 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 42 inches below grade.
      m.   Section P3103.1  Roof extension.  All open vent pipes that extend through a roof shall be terminated above the roof in accordance with the Illinois State Plumbing Code, latest edition, except where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2,134 mm) above the roof.
   It is the intent to delete the Chapters on Plumbing and only use the Illinois Plumbing Code.
      AP101 Fire sprinklers. An approved automatic fire sprinkler system shall be installed in new multiple single (one-) family dwellings (townhomes) and two-family (duplex) dwellings in accordance with NFPA 13D. This is now Section R313.
(Ord. 07-13, passed 9-4-2007; Ord. 2019-11, passed 10-7-2019)