The international property maintenance code, 2009 edition, as adopted pursuant to section 7-13-1 of this article is hereby amended by adding the underlined language and deleting the overstricken language as follows:
Section 101.1 Title. These regulations, as amended and adopted by the Village of Oak Park shall be known as the Property Maintenance Code Of The Village Of Oak Park, hereinafter referred to as "this code."
Section 102.3 Application Of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the international existing building code, international fuel gas code, international mechanical code, international energy conservation code, state of Illinois plumbing code and NFPA 70 Nothing in this code shall be construed to cancel, modify or set aside any provision of the international zoning code., each as may be adopted and amended by the Village.
Section 103 Department Of Property Maintenance Inspection is renamed Section 103 Department Of Development Customer Services.
Section 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. The Department of Development Customer Services is hereby assigned to enforce this code and the executive official in charge thereof, the Director of Development Customer Services or the Director's duly appointed designee, shall be known as the code official.
Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule in accordance with the fee schedule established by the Village Code.
Section 106.4 Violation Penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any person who shall violate any provision of this code shall, upon conviction, be punished by a fine of not less than twenty dollars ($20.00) nor more than seven hundred fifty dollars ($750.00), and each day that a violation continues shall constitute a separate and distinct offense.
Section 107.6 Transfer Of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. This section shall take effect on January 1, 2016.
Section 107.7 Pre-Sale Inspection Of Buildings Containing Four Or More Units. No building containing four (4) or more dwelling units shall be sold unless the seller furnishes the buyer with a report of presale inspection no more than one hundred twenty (120) days prior to the closing and no later than the day of the closing on the sale of the property. Said report of presale inspection shall be based on an inspection of all dwelling units by the Village and shall be issued by same. The report shall provide that the building complies with all applicable building and zoning regulations of the Village, or, in the alternative, set forth the building and/or zoning violations present at the building. The request for a presale inspection must be made at least two (2) weeks prior to the scheduled date of the closing. An inspection made pursuant to this section satisfies the annual inspection requirement of section 12-3-6A of the Village Code. A sale for purposes of this section includes contract sales, exchanges, conversions to condominiums and transfers of possession or control of a building. A person participating in such a sale in violation of this section, either as a seller or by receipt of a sales commission in connection therewith, shall be subject to the applicable penalties as provided in this code. Any contract executed in violation of this section shall be voidable by a buyer. Nothing herein shall relieve the buyer from compliance with section 12-3-6A of the Village Code.
Section 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond three months one year, unless approved by the building official.
Section 111 Means Of Appeal is deleted in its entirety and is replaced with a new Section 111 Board Of Appeals, as follows:
Section 111.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals which shall be the Village's Building Code Advisory Commission.
Section 111.2 Limitations On Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.
Section 111.3 Application For Appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within twenty (20) calendar days after the day the decision, notice or order was served. Appeals shall not be filed and/or received after an applicable citation has been issued.
Section 111.4 Board Decision. The board of appeals shall modify or reverse the decision of the building official or the building official's designee or a notice or order issued under this code upon a concurring vote of a majority of the total number of appointed board members. The board of appeals shall have the discretion to allow a variance from the provisions of the code if, after having received a written report, certified by a licensed architect or engineer, the board of appeals determines that strict compliance with the code is impractical from an engineering, architectural or structural standpoint, that the spirit and intent of the code has been met and life safety has not been materially compromised as a result of the variance. The decision of the board of appeals shall be in writing and shall be furnished to the appellant and to the building official.
Section 111.5 Administration. The code official shall take immediate action in accordance with the decision of the board of appeals. Appeals of decisions of the building official or a notice or order issued under this code (other than those of immediate threat to life safety) shall stay the enforcement of the decision, notice or order until the appeal is heard by the board of appeals and a decision is rendered.
Section 111.6 Stays Of Enforcement. Appeals of notices and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the board of appeals.
Section 112.4 Failure To Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person directed to perform to remove a violation or unsafe condition, shall be liable to for a fine not less than [AMOUNT] dollars or more than [AMOUNT] dollars pursuant to section 106.4 of this code.
CHAPTER 2
DEFINITIONS
Add the following definitions to Section 202 General Definitions:
Days. Unless otherwise stated, days shall mean calendar days.
Responsible Party. Except as may otherwise be specified herein, the owner or the owner's designated agent shall be considered a responsible party for ensuring compliance with this code. In addition, any other person or entity that may be reasonably considered to have a role or responsibility in the creation, continuation, or correction of any violation of this code shall be considered a responsible party or additional responsible party for such violation. A licensed real estate agent or broker whose sole authority is to show and lease property for rent shall not be considered a responsible party subject to penalties under this code.
The definition for "Rooming House" shall be modified as follows:
Rooming House. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. A primary or accessory building or structure or part thereof, in which living and sleeping quarters (but not meals or cooking facilities) are provided by prearrangement for compensation on a weekly or longer basis for three (3) or more persons who are not members of the keeper's family.
CHAPTER 3
GENERAL REQUIREMENTS
Delete Section 302.4 Weeds in its entirety and make reference to Village Code as follows: Refer to Village Code chapter 20, article 7.
Section 302.7.1 Garage Doors. Garage exterior service doors and vehicle doors shall be maintained in proper working condition and shall be kept in a closed and locked position at all times the garage or property exterior grounds is left unoccupied.
Delete Section 302.8 Motor Vehicles in its entirety and make reference to Village Code as follows: Refer to Village Code section 15-7-2 and 15-7-3.
Delete Section 302.9 Defacement Of Property in its entirety and make reference to Village Code as follows: Refer to Village Code chapter 16, article 2.
Section 302.10 Parking Area Defined. For purposes of this code, a parking area is any parcel of land used for the parking of motor vehicles and having a capacity of one to four (4) motor vehicles and excluding places where motor vehicles are parked within a building.
Section 302.11 Surface Of Parking Areas And Driveways. The surface of parking areas and driveways serving as access to parking areas shall consist of standard blacktop or equivalent material, or shall be constructed by excavating the parking or driveway area to a six inch (6") (152.4 mm) depth and placing six inches (6") (152.4 mm) of compacted gravel or crushed stone therein. Compacted gravel surfaces may not be used in areas or pathways required for ingress and egress to and from a building or structure.
Section 302.12 Security Gates. Metal security gates and bars on the exterior or interior of doors or windows of commercial establishments are prohibited. Metal security gates or bars on doors or windows not facing a public street or sidewalk are permitted.
Section 304.3 Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be arabic numerals or alphabet letters. Numbers shall be a minimum of 4 3 inches (102 76 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). If a garage is built adjacent to an alley, the rear address number shall be placed in a conspicuous location on the side of the garage facing the alley. A rear address number shall not be required where the rear of the property is not adjacent to an alley.
Section 304.14 Insect Screens. During the period from [DATE] May 1 to [DATE] October 15 every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self- closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.
Section 305.3.1 Bathroom And Kitchen Floors. Every water closet compartment floor surface, bathroom floor and shower wall surface and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such wall and floor surfaces to be easily kept in a clean and sanitary condition.
Delete Sections 308.1 Through 308.3 in their entirety make reference to Village Code as follows: Refer to Village Code, chapter 20, article 7.
CHAPTER 4
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
Section 402.2 Common Halls And Stairways. Except for one- family dwellings, every common hall and stairway in residential occupancies other than in one- and two-family dwellings, including exterior means of egress, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In two and three-family residential occupancies, light fixtures serving means of egress may be controlled by occupancy sensors. In other than non-residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
Refer to Section 605.3 for requirements for luminaires in other locations.
Section 403.1 Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in section 402.1. Every habitable room shall have one or more of the following ventilation systems:
A. At least one window which can be easily opened, with the total of all such openable window area in such room at least 45 percent of the minimum window area size required by section 402.1
B. A ventilator or similar device, leading directly to outside air, with effective opening area equivalent to openable window area required under subsection 403.1(A) of this section; and
C. A forced air ventilation system, properly installed, maintained in safe and good working condition, supplying outside air to such room, which meets the requirements of the 2009 international property maintenance code. A forced air ventilation system may not substitute for natural ventilation in sleeping rooms.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
Section 404.4.1 Room Area. Every living room shall contain at least 120 square feet (11.2 m2). and eEvery bedroom sleeping room used for single occupancy shall contain at least 70 square feet (6.5 m2). If a dwelling unit is used for multiple occupancy, a sleeping room shall contain at least 50 square feet (4.65 m2) of floor space for each occupant.
Section 404.4.6 Basement Occupancy. No basement space shall be used as a habitable room or dwelling unit unless:
A. The minimum clear ceiling height is 7 feet (2134 mm), except as permitted in section 404.3.
B. The minimum glazed area is 8 percent of the floor square footage for habitable rooms.
C. The minimum ventilation area is 50 percent of the glazed area or is 4 percent of the square footage for habitable rooms.
D. The basement complies with the 2009 international residential code for emergency escape.
E. The floors and walls are impervious to leakage of underground and surface runoff water or measures have been taken to mitigate the effects of water penetration and are insulated against dampness; and
F. The dwelling unit meets the other requirements of this code.
Section 404.4.7 Basement And Third Floor Occupancy For Rooming Houses. No license required by this article shall be issued to any person proposing to use a basement or any part thereof as a habitable room for rooming house purposes. Third floor occupancy of any frame dwelling shall not be permitted without the written approval of the Director of Development Customer Services, Chief of the Fire Department and the Director of Public Health.
Section 404.4.8 Use Of Accessory Buildings For Rooming Houses. No accessory building shall be used for rooming house purposes.
Section 404.5.1 Maximum Number Of Occupants. Every dwelling unit must contain at least 200 square feet (19 m2) of floor space for the first occupant thereof and 150 square feet (13.94 m2) of floor space for each additional occupant thereof, except that under no circumstances shall the maximum occupancy for any studio dwelling unit exceed 3 persons. For purposes of this section, calculated floor space shall not include verandas, porches, terraces, balconies and basements. See table 404.5.1.
Table 404.5.1 is provided by way of illustration and is not a limitation upon this section.
TABLE 404.5.1 MAXIMUM NUMBER OF OCCUPANTS
Floor Area | Number Of Occupants Permitted | ||||||
0 | 1 | 2 | 3 | 4 | 5 | 6 | |
Floor Area | Number Of Occupants Permitted | ||||||
0 | 1 | 2 | 3 | 4 | 5 | 6 | |
Less than 200 | X | ||||||
200 to 349 | X | ||||||
350 to 500 | X | ||||||
501 to 650 | X | ||||||
651 to 800 | X | ||||||
801 to 950 | X | ||||||
951 to 1100 | X | ||||||
Section 404.5.2 Age Limit. For purposes of this section, children under three (3) years of age shall not be counted in determining the occupancy of any dwelling unit.
Section 404.6 Efficiency Unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by items 2 and 3.
21. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
32. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
43. The maximum number of occupants shall be three.
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
Section 502.2 Rooming Houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. Plumbing facilities in rooming houses shall be provided in accordance with the Illinois state plumbing code.
Section 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. Plumbing facilities in hotels shall be provided in accordance with the Illinois state plumbing code.
Section 502.5 Public Toilet Facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the international plumbing code Illinois state plumbing code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
Section 503.3 Location Of Employee Toilet Facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
Employee toilet facilities shall be provided in accordance with the Illinois state plumbing code.
Section 505.4 Water Heating Facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C) that is in compliance with the Illinois state plumbing code. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
Section 602.2 Residential Occupancies. The Exception to Section 602.2 Residential Occupancies is deleted in its entirety.
Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] September 15 of each year to [DATE] May 15 of the succeeding year to maintain a temperature in all habitable rooms, bathroom and toilet rooms as follows:
1. A minimum temperature of sixty eight degrees Fahrenheit (68°F) from six thirty o'clock (6:30) A.M. to eleven o'clock (11:00) P.M. and
2. A minimum temperature of sixty five degrees Fahrenheit (65°F) from eleven o'clock (11:00) P.M. to six thirty o'clock (6:30) A.M.
The minimum temperature shall be averaged throughout any dwelling unit or rooming unit and shall be maintained without undue restriction of ventilation as to interfere with proper healthful conditions.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in appendix D of the international plumbing code.
2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
Exception:
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.
Section 602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] September 15th of each year to [DATE] May 15th of the succeeding year to maintain a temperature of not less than 6568°F during the period the spaces are occupied.
Exceptions:
1. The written commercial lease provides that the heating supply is the responsibility of the tenant or establishes a different minimum temperature.
12. Processing, storage and operation areas that required cooling or special temperature conditions.
23. Areas in which persons are primarily engaged in vigorous physical activities.
Section 603.7 Improper Heating Equipment. Gas or electric appliances designed primarily for cooking and portable heating equipment employing flame and the use of liquid or coal shall not be considered as heating facilities within the meaning of this section.
Section 604.3.3 Extension Cords. Extension cords and/or other forms of temporary wiring shall not be used in lieu of permanent wiring. Extension cords shall not be used for other than short term temporary use and shall not be run under rugs, carpets, or through doors, walls, or windows.
Section 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. Existing electrical systems shall be maintained to the same standards as required by the applicable code under which it was originally installed unless the system is altered or there is some known defect or unsafe condition in the system.
Section 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, electric meter/panel room, boiler room and furnace room shall contain at least one electric luminaire. Refer to section 402.2 for requirements for lighting in common halls and stairways.
Section 605.4 Electrical System Over-Current Protection. All circuits shall have proper over-current protection either in the form of circuit breakers or non-tampering type "S" fuse adaptors installed in the fuse box. The circuit breakers or fuse adaptors shall be properly sized for the gauge of wire in said circuits.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
Section 703.3 Occupancy Above Garages. Where a habitable room, rooming unit or dwelling unit is located above an area used for parking or storage of motor vehicles, a fire stop of one hour fire resistant materials, approved by the Board Of Fire Underwriters Laboratory, shall be provided above such area and below the floor of such room or unit.
Section 704.2 Smoke Alarms. Single- or multiple-station smoke alarms shall be installed and maintained in groups R-2, R-3, R-4 and in dwellings not regulated in group R occupancies, regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the international fire code.
Smoke detectors shall be installed and be in compliance with the Illinois smoke detector act, 425 ILCS 60/1 et seq., as amended.
Section 704.5 Carbon Monoxide Alarms. Carbon monoxide detectors shall be installed and be in compliance with the Illinois carbon monoxide alarm detector act, 430 ILCS 135/1 et seq., as amended.
Section 704.5.1 Carbon Monoxide Alarms In Commercial Facilities. A carbon monoxide alarm capable of emitting an audible alarm shall be installed within a distance of 20 feet (6096 mm), but no closer than 15 feet (4572 mm) horizontally, to any fuel gas equipment or appliance within commercial facilities. Exception: Within public areas of commercial laundry facilities, two carbon monoxide alarms installed in remote locations as approved by the Village's Fire Department may be provided in lieu of installing an alarm within 20 feet (6096 mm) of each fuel gas appliance in the public area.
(Ord. 15-181, 11-2-2015, eff. 12-1-2015)