The County Board hereby adopts the International Existing Building Code 2021, with the following revised local amendments:
ALL SECTIONS
1) Change all references to “code official” to “building official.”
2) Change all references to “legal counsel” to “State’s Attorney Office.”
3) Remove all references to the International Property Maintenance Code.
4) Change all references to “International Plumbing Code” to “Illinois Plumbing Code.”
CHAPTER 1 SCOPE AND ADMINISTRATION
1) SECTION 101 SCOPE AND GENERAL REQUIREMENTS
a) Revise paragraph 101.1 “Title” to read as follows:
“[A] 101.1 Title. These regulations shall be known as the Existing Building Code of McHenry County, hereinafter referred to as “this code.”
2) SECTION 103 CODE COMPLIANCE AGENCY
a) Revise paragraph 103.1 “Creation of agency” to read as follows:
“[A] 103.1 Creation of enforcement agency. The Department of Planning and Development is hereby created and the official in charge thereof shall be known as the Director of Planning and Development.”
b) Revise paragraph 103.2 “Appointment” to read as follows:
“[A] 103.2 Appointment. The building official, also known as the building enforcement officer, shall be appointed by the Director of Planning and Development.”
3) SECTION 104 DUTIES AND POWERS OF CODE OFFICIALS
a) Revise section 104.2.1 “Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas” to read as follows:
“[A] 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, refer to the McHenry County Stormwater Management Ordinance. When determined that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of the McHenry County Stormwater Management Ordinance and Section 1612.”
b) Revise Section 104.10.1 “Flood hazard areas” to read as follows:
“[A] 104.10.1 Flood hazard areas. For existing buildings located in flood hazard areas for which repairs, alterations, and additions constitute substantial improvement, the building official shall not grant modifications to provisions related to flood resistance unless a determination has been made that the development complies with the McHenry County Stormwater Management Ordinance.”
4) SECTION 105 PERMITS
a) Revise Section 105.2 “Work exempt from permit.” to read as follows:
“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 work exempt by the International Building Code or the International Residential Code.
b) Revise paragraph 105.3 “Application for permit.” to read as follows:
“[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Planning and Development for that purpose and shall include the required information prescribed in the International Building Code or the International Residential Code as adopted by McHenry County.”
c) Revise Section 105.5 “Expiration” to read as follows:
“[A] 105.5 Expiration. The permit is valid for a period as prescribed in the International Building Code or the International Residential Code as adopted by McHenry County.”
5) SECTION 107 TEMPORARY STRUCTURES AND USES
a) Revise Section 107.1 “General.”
[A] 107.1 General. The building official is authorized to issue a permit for temporary structures for Temporary Use Permits in accord with the McHenry County Unified Development Ordinance. Such temporary structures shall be limited as to time of service as prescribed in the International Building Code.”
6) SECTION 109 INSPECTIONS
a) Revise Section 109.1 “General” to read as follows:
“[A] 109.1 General. Inspections shall be conducted as prescribed by the International Building Code and International Residential Code as adopted by McHenry County.”
7) SECTION 110 CERTIFICATE OF OCCUPANCY
a) Revise Section 110.2 “Certificate issued” to read as follows:
“[A] 110.2 Certificate issued. Certificates of occupancy shall be issued as prescribed by the International Building Code and the International Residential Code.”
8) SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT
a) Add Section 115.1 –“Conditions” to read as follows:
“[A] 115.1 Unsafe conditions. Buildings, structures or equipment that are or hereafter unsafe, shall be taken down, removed or made sage as the code official deems necessary and as provided in this code and as prescribed by the International Building Code or the International Residential Code as adopted by McHenry County.”
CHAPTER 2 DEFINITIONS
1) SECTION 202 DEFINITIONS
a) Revise paragraph 202 Definitions. “BUILDING OFFICIAL” to read as follows:
“[A] CODE OFFICIAL. Also known as Building Enforcement Officer. The officer or other designated authority charged with the administration and enforcement of this code.”
CHAPTER 3 PROVISIONS FOR ALL COMPLIANCE METHODS
1) SECTION 302 GENERAL PROVISIONS
a) Revise Section 302.2 “Additional codes” to read as follows:
“302.2 Additional codes. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocations, respectively, in this code and the building codes and ordinances as adopted by McHenry County.”
2) SECTION 306 ACCESSIBILITY FOR EXISTING BUILDINGS
a) Delete Chapter 306.1 "ACCESSIBILITY FOR EXISTING BUILDINGS" and replace as follows:
"410.1 Accessibility for Existing Buildings. Accessibility requirements for additions, alterations, and change of occupancy within existing buildings shall be designed and constructed in accordance with the Illinois Accessibility Code and the International Building Code."
CHAPTER 4 REPAIRS
3) SECTION 406 STRUCTURAL
a) Revise Section 405.2.6 "Flood hazards areas." to read as follows:
[BS] 405.2.6 Flood hazard areas. In flood hazard areas, buildings that have sustained substantial damage shall be brought into compliance with the McHenry County Stormwater Management Ordinance."
CHAPTER 5 PRESCRIPTIVE COMPLIANCE METHOD
1) SECTION 502 ADDITIONS
a) Revise Section 502.2 “Flood hazards areas.” to read as follows:
“[BS] 502.3 Flood hazard areas. For buildings or structures in flood hazard areas established in the McHenry County Stormwater Management Ordinance, any addition that constitutes substantial improvement shall comply the flood design requirements defined in the McHenry County Stormwater Management Ordinance. Additions that do not constitute substantial improvement shall be documented in accordance with the McHenry County Stormwater Ordinance and the International Building Code or International Residential Code as adopted by McHenry County.”
2) SECTION 503 ALTERATIONS
a) Revise Section 503.2 “Flood hazards areas.” to read as follows:
“[BS] 503.2 Flood hazard areas. For buildings or structures in flood hazard areas established in the McHenry County Stormwater Management Ordinance, any alteration that constitutes substantial improvement shall comply the flood design requirements defined in the McHenry County Stormwater Management Ordinance. Alterations that do not constitute substantial improvement shall be documented in accordance with the McHenry County Stormwater Ordinance and the International Building Code or International Residential Code as adopted by McHenry County.”
CHAPTER 7 ALTERATIONS – LEVEL 1
1) SECTION 701 GENERAL
a) Revise Section 701.3 “Flood hazard areas.” to read as follows:
“[BS] 701.3 Flood hazard areas. In flood hazard areas established in the McHenry County Stormwater Management Ordinance, alterations that constitute substantial improvement shall require that the building comply with the McHenry County Stormwater Management Ordinance and the International Building Code or International Residential Code as applicable.”
2) SECTION 704 MEANS OF EGRESS
a) Delete Chapter 704 "MEANS OF EGRESS" and replace as follows:
"704.1 General. Accessibility requirements for Level 1 alterations within existing buildings shall be designed and constructed in accordance with the Illinois Accessibility Code and the International Building Code."
CHAPTER 8 ALTERATIONS – LEVEL 2
1) SECTION 804 MEANS OF EGRESS
a) Revise Section 804.2 "General " and replace as follows:
"804.2 Stairways and escalators in existing buildings. In alterations where an escalator or stairway is added where none existed previously, an accessible route shall be provided in accordance with the Illinois Accessibility Code and the International Building Code."
CHAPTER 13 PERFORMANCE COMPLIANCE METHODS
1) SECTION 1301 GENERAL
a) Revise Section 1401.2 “Applicability” to read as follows:
“1301.2 Applicability. Structures existing prior to the adoption of this ordinance in which there is work involving additions, alterations, or changes of occupancy shall be made to confirm to the requirements of this chapter or the provisions of Chapters 5 through 13 or Section 1401.4. The provisions of Sections 1401.2.1 through 1401.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, I-2, M, R and S. These provisions shall not apply to buildings with occupancies in Group H or I-1, I-3 or I-4.”
CHAPTER 15 CONSTRUCTION SAFEGUARDS
1) Delete Chapter 15 “Construction Safeguards” in its entirety.
PART IX – Reference Standards
1) Delete Appendix A “GUIDELINES FOR THE SEISMIC RETROFIT OF EXISTING BUILDINGS.”
2) Delete Appendix B “SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS FOR EXISTING BUILDINGS AND FACILITIES.”
3) Add Appendix C "GUIDELINES FOR THE WIND RETROFIT OF EXISTING BUILDINGS."
4) Delete Appendix D "BOARD OF APPEALS."
(Ord. O-202211-10-050, passed 11-15-2022)