The One- and Two-Family Dwelling Code adopted in § 150.10 of this chapter is hereby amended as follows:
(A) Sec. R101.1 (Title) is deleted, and the following is substituted:
These regulations shall be known as the “One- and Two-Family Dwelling Code of the City of Oakbrook Terrace, Illinois,” hereinafter referred to as “this code.”
(B) Sec. R103 (Department of Building Safety) is deleted, and the following is substituted:
SECTION R103
DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT
103.1 Director of Community and Economic Development. The Director of Community and Economic Development, and such assistants to whom the Director of Community and Economic Development has delegated authority, shall be the building official for purposes of administering and enforcing the provisions of this code and making such determinations, interpretations and orders as are necessary therefor, and for requiring such plats, plans and other descriptive material as are necessary to judge compliance with this code.
(C) Sec. R105.3.1.1 (Determination of substantially improved or substantially damaged existing buildings in flood hazard areas) is deleted without substitution.
(D) Sec. R108.2 (Schedule of permit fees) is deleted, and the following is substituted:
The fee for work performed hereunder shall be paid as required in accordance with Chapter 154 of the city’s code of ordinances.
(E) Sec. R108.5 (Refunds) is deleted without substitution.
(F) Sec. R113.4 (Violation penalties) is deleted, and the following is substituted:
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 Director of Community and Economic Development, or of a permit or certificate issued under the provisions of this code, shall be subject to a fine of not less than One Hundred Dollars ($100) nor more than Seven Hundred Fifty Dollars ($750).
(G) Sec. R112 (Board of Appeals) is deleted without substitution.
(H) Sec. 110.3 (Certificate Issued) is deleted, and the following is substituted:
110.3 Certificate issued. The Director of Community and Economic Development shall inspect the building or structure and shall issue a certificate of occupancy if the following conditions are met:
1. The Director of Community and Economic Development finds no violations of the provisions of this code or other laws that are enforced by the Department of Building and Zoning;
2. For new buildings or additions to existing buildings, confirmation of building height from the city’s Community Development Department or from a licensed architect or structural engineer;
3. For new buildings or additions to existing buildings, an as-built topographical survey; and
4. For new buildings or additions to existing buildings, an as-built site plan.
Such certificate of occupancy shall contain the following:
1. The building permit number;
2. The address of the structure;
3. The name and address of the owner;
4. A description of that portion of the structure for which the certificate is issued;
5. A statement that the required portion of the structure has been inspected and that all required documentation has been reviewed for compliance with the requirements of this code;
6. The name of the Director of Community and Economic Development;
7. The edition of the code under which the permit was issued;
8. If an automatic sprinkler is provided; and
9. Any special stipulations and conditions of the building permit.
(I) Sec. 202 (General Definitions) is amended by deleting the definition of “Building Official” and substituting the following:
The employee designated as the building official in Sec. 103 of this code.
(J) Section R306 (Sanitation) is amended by adding a new Section R306.5 as follows:
R306.5 Toilet facilities. Toilet facilities shall be provided for construction workers at every one-and two-family residential construction site no later than after the completion of the foundation excavation. Such facilities shall be maintained in a sanitary condition, and non-sewer types of toilet facilities shall conform to ANSI 4.3 (2005). Portable toilet facilities shall be staked to the ground in opposite comers to avoid the unit being tipped over by wind or vandals and shall not be located or stored on public property. Portable toilet facilities may be located in the front yard of the private construction site but shall be located away from any sidewalks, and as close to the front wall of the principal structure as practical. A portable toilet shall remain in place until a temporary occupancy permit is issued. Improperly placed portable toilets may be cause for a “stop work” order, which shall not be lifted until the portable toilet has been moved to a satisfactory location as required herein.
(K) Sec. R313.2 (One- and two-family dwellings automatic fire systems) is deleted without substitution.
(L) Sec. R403.1.7.3 (Foundation elevation) is deleted, and the following is substituted:
R403.1.7.3 Top of foundation and finished floor elevations and site grades.
R403.1.7.3.1 Definitions.
1. Elevation. The numerical difference in vertical height above or below a given vertical datum.
2. Top of foundation (TOF). The elevation of the top of the foundation of a given building.
3. Finish floor elevation (FFE). The elevation of the top of the first finished floor of a given building.
4. Site grade (slope). The rise and fall in the surface elevation of the ground over a given horizontal distance, which can be expressed either as a percent (i.e., two feet (2’) vertical over one hundred feet (100') horizontal — two percent (2%), or as a ratio (i.e., 5OH:1V) of the change in horizontal length to the change in vertical height.
R403.1.7.3.2 Determination and approval of elevations.
1. The owner of property to be developed in the R-l and R-2 zoning districts in the city shall provide a topographic survey depicting the undeveloped topography, at a minimum one-foot (1') contour, which shall be prepared, signed and certified by a Registered Illinois Land Surveyor or a Registered Illinois Professional Engineer and tied to a benchmark recognized by the city.
2. The owner of property to be developed in the R-l and R-2 zoning districts in the city shall provide a site engineering plan depicting the proposed topography, at a minimum one-foot (1') contour, the top of foundation elevation, and the finished floor elevation which shall be prepared, signed and certified by a Registered Illinois Land Surveyor or a Registered Illinois Professional Engineer and tied to a benchmark recognized by the city.
3. The TOF elevation and adjacent site grade shall provide for positive surface drainage away from the building and shall be determined based on the following guidelines:
a. TOF elevation shall be no more than twelve inches (12") above the elevation of the top of shoulder or back of curb as measured opposite the center of the proposed building; and
b. TOF elevation shall be no more than fifteen inches (15") above the rim elevation of a public drainage structure providing a drainage outlet for the lot in the public right-of-way; and
c. TOF elevation shall be no more than six inches (6") above the average of the TOF elevations on the adjacent lots; or
d. TOF elevation may be otherwise determined in the judgment of the city engineer based on the topography of any sloping lot, potential conflicts with Chapter 152 of this code with respect to development on the lot, or specific and unique features of a particular lot that require the exercise of professional discretion.
e. Side-yard swales shall direct surface runoff away from all adjacent buildings and shall have a minimum slope of one and one-half percent (1-1/2%) to the drainage outlet for the lot.
f. Landscape walls or retaining walls, as defined in § 156.004 of the city’s code, shall be allowed as a means to comply with the site grading requirements provided for herein.
4. The FFE of the first above-ground level of a building shall be no more than two feet (2') above the TOF elevation for the building; provided that when the FFE is more than one and one-half feet (1-1/2') above the TOF elevation, the differential shall be masked on the exterior of the building through the use of dropped siding, a brick ledge or other building construction technique approved by the Director of Community and Economic Development and city engineer.
5. The elevation of the ground surface along the perimeter of the building shall be set at least four inches (4") below the TOF elevation, and shall slope away at a minimum slope of one and one-half percent (1-1/2%) or 66.7:1), and a maximum slope of twenty-five percent (25%) or 4:1 to the lot lines.
6. The Director of Community and Economic Development and city engineer will review and approve the proposed TOF elevation, FFE elevation and site grades for all development.
(M) Sec. R703 (Exterior Covering) is amended by adding the following after Table R703.7(2):
On new construction, foundation walls shall be covered by siding or adhered masonry veneer above a height of six inches (6") above grade.
(N) Subsection R703.18 is added to Section R703 (Exterior Covering) to read as follows:
R703.18 Exterior paint and colors.
R703.18.1 Exterior surface treatments. It shall be unlawful to paint, stain or color or change the color of a fence located within the city except in accordance with this Section R703.18.
R703.18.2 Permissible exterior surface treatments. No more than one solid color shall be used on any fence located within the city.
R703.18.3 Existing colors, maintenance and vested rights. The owner of property affected by this Section R703.18 shall have the right to maintain and repair colors existing on the effective date of this Section R703.18. The owner of property shall be permitted to repair minor damage to the existing fences on the property and to repaint such repaired areas to match the existing color, provided, however, that the repaired area to be repainted shall not exceed fifty percent (50%) of the combined surface area of all elevations of the fence. In the event that more than fifty percent (50%) of the combined surface area of all elevations of the fence needs to be repainted, or if the color of existing fence is to be changed, then the property shall be brought into full compliance with this Section R703.18.
(O) Sec. R903.4 (Roof Drainage) is amended by adding a new Subsection 903.4.2 as follows:
R903.4.2 Gutters and Downspouts. Gutters and downspouts shall be installed to provide roof drainage for all new single-family residences and any garages attached thereto, new townhouses, new residential additions of whatever size, and new detached garages.
(P) Chapter 22 (SPECIAL PIPING AND STORAGE SYSTEMS) is deleted without substitution.
(Q) Part VII (Plumbing) is deleted in its entirety, without substitution.
(R) In Part VIII (Electrical), Chapter 34 (GENERAL REQUIREMENTS), Chapter 36 (SERVICE), Chapter 37 (BRANCH CIRCUIT AND FEEDER REQUIREMENTS), Chapter 38 (WIRING METHODS), Chapter 39 (POWER AND LIGHTING DISTRIBUTION), Chapter 40 (DEVICES AND LUMINAIRES), Chapter 41 (APPLIANCE INSTALLATION), Chapter 42 (SWIMMING POOLS), and Chapter 43 (CLASS 2 REMOTE-CONTROL, SIGNALING AND POWER LIMITED CIRCUITS) are deleted without substitution.
(S) The following are for reference only:
Appendix H (PATIO COVERS); provided that Section AH106 (Footings) is deleted, and the following is substituted:
In areas with a frostline depth of zero as specified in Table R301.2(1), a patio cover shall be permitted to be supported on a slab on grade without footings, provided that an eight-inch (8") thick trench is constructed at a depth of forty-two inches (42").
Appendix I (Private Sewage Disposal).
Appendix J (Existing Building and Structures).
Appendix K (Sound Transmission).
(T) Sec. R404.1.5.3 is deleted, and the following is substituted:
Trench foundations are acceptable for one-story frame construction only. Concrete piers are acceptable for open porches and decks only (arid not acceptable for screen porches or three-season rooms).
(U) Sec. R404.2 is deleted, and the following is substituted:
Wood foundations shall not be permitted.
(V) Table R302.1 (Exterior Walls) is deleted without substitution.
(Ord. 05-20, passed 9-13-05; Am. Ord. 07-02, passed 5-22-07; Am. Ord. 08-39, passed 11-11-08; Am. Ord. 09-3, passed 5-26-09; Am. Ord. 09-48, passed 3-23-10; Am. Ord. 10-27, passed 11-9-10; Am. Ord. 12-7, passed 2-14-12; Am. Ord. 19-5, passed 2-26-19; Am. Ord. 22-24, passed 8-23-22; Am. Ord. 24-02, passed 1-9-24)