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The Commercial Building Code is hereby amended as follows:
(A) Section 101.1 is hereby amended by substituting “City of O’Fallon, Illinois” for the words “[NAME OF JURISDICTION]”;
(B) Section 103.1 is hereby repealed and a new Section 103.1 is adopted in lieu thereof as follows:
“103.1 Department of Building Safety, Code Official defined. The term “department of Building Safety” as used in this code shall mean the Building and Inspection Division of the Community Development Department of the City of O’Fallon, Illinois. The term “building official” as used in this code shall mean the duly appointed Code Official of the City of O’Fallon, Illinois and including any designee thereof.”;
(C) Section 103.2, inclusive is hereby repealed in its entirety;
(D) Section 109.2 is hereby amended by substituting “by written order or resolution of the City Council” for the words “by the applicable governing authority;”
(E) Section 109.6 is hereby repealed and a new Section 109.6 is hereby adopted in lieu thereof as follows:
“109.6 Refunds. No portion of any fee shall be returned to a permit holder in the case of a revocation of a building permit or a suspension, discontinuance, or abandonment of work.”;
(F) Section 113.0 is hereby repealed in its entirety and a new Section 113.0 is hereby adopted in lieu thereof as follows:
“Section 113.0 Means of Appeal
113.1 Application for appeal; limitations. Any person shall have the right to appeal to the Building Code Review Committee established in Section 113.2 of this code from a decision of the code official or from any notice issued in connection with the enforcement of the Fire Prevention Code, the Mechanical Code, the Property Maintenance Code, the Residential Code, the Existing Building Code, the Fuel Gas Code, the Energy Conservation Code and the Electrical Code (as applicable, “the code”). Any such appeal shall be based solely upon and shall state a claim that: (i) the true intent of the code or the rules or regulations adopted pursuant thereto have been incorrectly interpreted, (ii) the provisions of the code do not apply, or (iii) an equivalent form of construction can be used; provided that the Building Code Review Committee shall have no authority to interpret the administrative provisions of the code nor to waive substantive requirements of the code. Any appeal under this section shall be in writing, shall contain a written statement of the grounds for the appeal and shall be filed in the office of the code official within thirty (30) days after the rendering of the decision or from the date of service of the notice from which the appeal is taken.
113.2 Committee established; membership. The Building Code Review Committee hereby established shall consist of five (5) members appointed by the chief appointing authority. The members are to be qualified by experience and training to pass on matters pertaining to the building codes. All members shall serve without compensation.
The terms of members first appointed shall be staggered as follows: one for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one for one (1) year. Subsequent terms shall be for five (5) years. Appointments to fill vacancies shall be for the unexpired portion of a term only.
The Committee shall annually elect one of its members to serve as chair, one of its members to serve as vice-chair, and one of its members to serve as secretary. Members so elected may be re-elected for successive terms. The Committee is hereby authorized to adopt and from time to time to amend rules of procedure for hearings under this code. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information shall be received.
The chief appointing authority shall appoint two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. A member shall be disqualified to hear an appeal in which that member has a personal, professional, or financial interest in the subject matter. Alternate members shall be appointed for five-year terms. Appointments to fill vacancies shall be for the unexpired portion of a term only.
113.3 Hearing on appeal; decisions. The Committee shall meet to hear an appeal upon notice from the chair within thirty (30) days of the filing of the appeal. The Committee shall immediately determine whether the appeal filed complies with the jurisdictional requirements of Section 113.1 of this code. Upon so determining, the Committee may hear testimony and evidence and, upon conclusion of the hearing, may modify or reverse the decision or order of the code official by a concurring vote of three (3) members. The decision of the Committee shall be in writing and a copy shall be made available to the appellant and to the code official within a reasonable time after the vote and rendering of the decision.
(G) Section (114), Violations, is hereby amended and adopted in addition to the Commercial Building Code and is hereby incorporated as if fully set forth therein by adding to Paragraph 114.4 as follows:
114.4.1 Except as otherwise provided, a person convicted of a violation of this code shall be punished by a fine of not less than $75 and not more than $750. With respect to violations of this code that are continuous with respect to time, each day the violation continues is a separate offense.
114.4.2 The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
114.4.3 Violations of this code that are continuous with respect to time may be abated by injunctive or equitable relief. The imposition of a penalty does not prevent equitable relief.
(H) The following Section (117), named “Maintenance of Construction Sites,” including additional regulations and requirements are hereby adopted in addition to the Building Code and are hereby incorporated as if fully set forth therein.
(1) Each building construction site shall have on-site a dumpster(s) of sufficient capacity to contain the construction debris generated by the construction activity on the site.
(2) All construction debris from each building construction site, shall be placed in the construction site dumpster(s), by the end of each work day.
(3) Every construction site dumpster, having been filled, shall be removed from the construction site and where appropriate, replaced with another empty dumpster until such time as construction debris is no longer generated on the site.
117.2 Rocked Driveways
(1) Each commercial construction site or subdivision construction site entrance shall have its driveway or roadway (as delineated on the building permit application site plan) rocked with CA3 (three-inch minimum) to a minimum depth of six (6) inches. This subsection may not be required if the permanent paved driveway or entry road is in place and can be used by all construction equipment or delivery vehicles.
(2) Each residential building construction site shall have its driveway (as delineated on the building permit application site plan) rocked with CA6 to a minimum depth of three (3) inches.
(3) Rock drives or roadways must be constructed and maintained on stable soil in order to maintain the desired intent or the rock shall be replaced and/or soil stabilization may be required, as directed by the Code Official.
(4) All deliveries of building materials, of all kinds, shall be made using the rocked road or driveway, without exception.
117.3 Sanitary Facilities
Each building construction site shall provide sanitary facilities (including toileting and hand washing facilities) for the convenience of all workers and shall be discharged into a sanitary sewer or if the facility is portable, it shall be an enclosed, chemically-treated tank tight unit. All non-sewered units shall be pumped regularly to assure adequate working and sanitary facilities.
(1) It shall be the responsibility of the permit holder and any individual or company acting under the direction of the permit holder to ensure compliance of all provisions of Section 116.”
(1999 Code, § 150.02) (Ord. 4163, passed 10-5-2020)