(A) Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the most current edition of that certain building code known as the“2015 International Building Code,” published by the International Code Council, Inc.; Appendices G, H and J thereto; and the amendments prescribed in division (B) below are hereby adopted as the “Building Code of the Village of Tremont, Illinois” (the “Commercial Building Code”). The Village Clerk is hereby authorized and directed to maintain on file one copy of the Commercial Building Code as herein adopted.
(B) Amendments. The Commercial Building Code is hereby adopted with the following amendments.
(1) Section 101.1. Section 101.1 is hereby amended by substituting “Village of Tremont, Illinois” for the words “[NAME OF JURISDICTION];”
(2) Section 103.1. Section 103.1 is hereby repealed, and a new § 103.1 is adopted in lieu thereof as follows: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 Code Compliance Officer of the Village of Tremont. The terms “building official” and “code official” as used in this code shall mean the duly appointed Code Compliance Official of the Village of Tremont, Illinois and any designee thereof.”
(3) (a) Section 105.2. Section 105.2, “inclusive,” is repealed, and a new § 105.2 is adopted in lieu thereof as follows:
“105.2 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 are not required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 80 square feet.
2. Fences not over 2 feet in height.
3. The replacement of a portion or portions of an existing fence, within any 12-month period, which is less than twenty-five (25%) of its total linear horizontal distance (whether interrupted or not), or 300 square feet of fence surface, whichever is less, with the same material, at the same height, in the same location.
4. Retaining walls that are not over 2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 200 gallons and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches above adjacent grade, not over any basement or story below, are not part of an accessible route, and are on private property.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
14. Repairs for less than substantial structural damage as defined in Chapter 6 of the Existing Building Code.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps, receptacles, and switches or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but, do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.”
(b) Section 105.2.1. Section 105.2.1, “Emergency Repairs,” shall be amended with “Where equipment replacements and repairs must be performed in an emergency, the permit application shall be submitted within the next working business day to the building official.”
(c) Section 105.2.2. Section 105.2.2, “Repairs,”shall be amended with “Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the removal or cutting of any structural beam, wall, or load-bearing support. Ordinary repairs do not include the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply, sewer waste piping, electrical, mechanical, or other work affecting public health or general safety.”
(d) Section 105.2.3. Section 105.2.3, “Public Service Agencies,” shall be amended with “A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.”
(4) Section 109.2. Section 109.2 is hereby amended by substituting “by written order or resolution of the Village Board” for the words “by the applicable governing authority.”
(5) Section 109.6. Section 109.6 is hereby repealed, and a new § 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.”
(6) Section 113.0. Section 113.0 is hereby repealed in its entirety and a new § 113.0 is hereby adopted in lieu thereof as follows:
“Section 113.0 Means of Appeal
113.1 Means of Appeal. Any person affected by a decision of the code official or a notice or order issued under this code shall have the right of appeal per the following provisions:
Appeals Process
1. Any person receiving a violation notice pursuant to this section shall have the right to appeal to the Village Zoning Board.
2. Such an appeal shall be in writing and filed with the Village Clerk within fourteen (14) days of the date of the violation notice. The appeal shall contain a complete statement of the reasons for the appeal, the specific facts supporting the appeal, and all evidence the appellant intends to rely on to support the appeal.
3. If no appeal is filed within fourteen (14) days of the date of the violation notice or decision of the building official, and pursuant to the requirements of this section, the right to an appeal is waived.
4. The Village President (or designee) shall schedule a meeting with the Village Zoning Board at the next regularly scheduled meeting after receiving the appeal.
5. The Village Zoning Board may consider all facts, evidence, and testimony presented by the appellant and the village building official or designee, and all other information determined to be relevant to the appeal. The Zoning Board may obtain professional input from the Village Attorney and/or Village Engineer.
6. The Village Zoning Board chair (or designee) shall send written notice of the decision to the owner and the Village President within thirty (30) days of hearing the appeal. The decision of the Zoning Board will be kept on file by the Village Clerk.
7. The subject property may not be let for occupancy, sold and/or transferred while any appeal is pending.
8. The Village President (or designee) and the Zoning Board shall have no authority to interpret the administrative provisions of the code or to waive substantive requirements of the code.”
(7) Section 114. 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 the following to § 114.4:
“Except as otherwise provided, a person convicted of a violation of this code shall be punished by a fine to be adopted by resolution of the Village Board. Such fine shall be a minimum fine for first time offense and increase to a maximum fine for multiple violations. With respect to violations of this code that are continuous with respect to time, each day the violation continues is a separate offense.
1. 114.4.1 The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
2. 114.4.2 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.”
(8) Section 117. The following § 117, “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.
“117.1 Dumpsters.
1. Each building construction site shall have on-site dumpster(s) of sufficient capacity to contain the construction debris generated by the construction activity on said site.
2. All construction debris from each building construction site, shall be placed in the construction site dumpster(s), by the end of each workday.
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 construction site or subdivision construction site entrance shall have its driveway or roadway (as delineated on the building permit application site plan) rocked with coarse aggregate to a minimum depth of 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. 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.
3. 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.
117.4 Responsibility
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 117.”
(9) Conflict. Should there be any conflicts between the provisions of the Chapters 29 and the Illinois State Plumbing Code; the Illinois State Plumbing Code shall take precedence.
(Prior Code, § 150.01) (Ord. 19-113, passed 10-21-2019)