The County Board hereby adopts the International Swimming Pool and Spa 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) Change all references to "International Plumbing Code" to "Illinois Plumbing Code."
4) Change all references to "International Energy Conservation Code" to "Illinois Energy Conservation Code."
CHAPTER 1 SCOPE AND GENERAL REQUIREMENTS
1) SECTION 101 GENERAL
a) Revise section 101.1 "Title" to read as follows:
"101.1 Title. These provisions shall be known as the Swimming Pool and Spa Code of McHenry County, and shall be cited as such and will be referred to herein as "this code.""
2) SECTION 103 CODE COMPLIANCE AGENCY
a) Revise section 103.1 "Creation of agency" to read as follows:
"103.1 Creation of 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."
3) SECTION 105 PERMITS
a) Revise section 105.1 "When required." to read as follows:
"105.1 When required. Any owner, or owner's authorized agent who desires to construct, enlarge, alter, repair, move, or demolish a pool or spa or to erect, install, enlarge, alter, repair, remove, convert or replace any system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the code official and obtain the required permit for the work. A permit shall not be required for replastering, relining, or resurfacing of an existing pool or spa."
b) Add section 105.1.1 "Work exempt from permit." to read as follows:
"105.1.1 Work exempt from permit. Exemption 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:
(1) Prefabricated swimming pools that are less than 24 inches (610 mm) deep."
4) SECTION 113 VIOLATIONS
a) Revise section "113.4 Violation penalties." to read as follows:
"113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approve construction documents or directive of the code official, or of a permit or certification issued under the provisions of this code, shall be guilty of an ordinance violation, punishable by a fine prescribed in the adoptive ordinance for the lntemationa/ Building Code or the International Residential Code."
CHAPTER 2 DEFINITIONS
1) SECTION 202 DEFINITIONS
a) Revise section 202 Definitions of "Code Official" to read as follows:
"[A] CODE OFFICIAL. Also known as Building Official or Building Enforcement Officer. The officer or other designated authority charged with the administration and enforcement of this code."
CHAPTER 3 GENERAL COMPLIANCE
1) SECTION 304 FLOOD HAZARD AREAS
a) Revise 304.2 "Determination of impacts based on location." to read as follows:
“304.2 Determination of impacts based on location. Pools and spas located in flood hazard areas indicated within the International Building Code or the International Residential Code shall comply with Section 304.2.1 or 304.2.2 and with the McHenry County Stormwater Management Ordinance (SMO). Where conflicts exist between the SMO and the referenced sections, the more stringent shall supersede.
2) SECTION 305 BARRIER REQUIREMENTS
a) Revise 305.1 "General." to read as follows:
“305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346, the areas where those spas or hot tubs are located shall not be required to comply with Sections 305.2 through 305.7.”
b) Revise 305.4 "Structure wall as a barrier." item 5. to read as follows:
“305.4 Structure wall as a barrier. 5. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spas shall be installed in conjunction with one of the other acceptable barrier methods.”
(Ord. O-202211-10-050, passed 11-15-2022)