A. Adopted: The Village of Wayne hereby amends and adopts a one- and two-family and multiple-family (townhouse) dwelling building code of the village (hereinafter referred to as the "residential code") for the control of buildings and structures as herein provided. Each and all of the regulations, provisions, penalties, conditions and terms as amended of the published international residential code, 2018Edition, are hereby referred to, adopted and made a part hereof, as if fully set out in this section, except for additions, insertions, deletions and changes thereto as set forth in subsection B of this section. At least three (3) copies of the international residential code are on file with the village clerk and are available for public inspection at all times during regular business hours as provided by law.
B. Amendments: Additions, insertions, changes and deletions to sections of the international residential code are hereby revised as follows:
Subsection R101.1 Title (Page 1, Name of Jurisdiction, insert second line)
Insert: Village of Wayne.
Subsection R101.2 Scope (Page 1, addition to eight line)
Add: Attached dwelling units shall be vertically separated by a U.L. listed three (3) hour rated fire resistive masonry wall assembly with an STC rating of not less than 50 with a separate means of egress.
Subsection R101.4 Zoning (Page 1, new subsection)
Add: Zoning - The restrictions of title 10 (Zoning Regulations) of the Wayne village code and all amendments thereto, shall not be deemed to be modified by any provision of this chapter; and such restrictions shall be controlling except insofar as this chapter imposes greater restrictions by reason of the type of construction used, in which case the provisions of this chapter shall control.
Subsection R101.5 Legislative (Page 1, new subsection)
Add: Legislative - If any section, subsection, sentence, clause or phrase of this chapter is, or shall be for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The village board hereby declares that it would have adopted this chapter, and each section, subsection, clause or phrase in this chapter, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid.
Subsection R103.1 Department of Building Safety (Page 2, Creation of Enforcement Agency)
Change: The building department shall be charged with the enforcement of the residential code, and the director of building and zoning shall also be known as the building official.
Subsection R105.2 Work Exempt from Permits (Pages 3 and 4, building section)
Delete: Building permit exemptions 1 through 10.
Subsection R105.5 Permit Expiration (Page 5)
Delete: Entire subsection.
Insert: Permit expiration shall be governed by section 8-1-6 of the Wayne village code.
Subsection R106.1 Construction Documents (Page 6, Submittal Documents, add to ninth line)
Insert: Unless otherwise specified by the director of building and zoning, each application shall be accompanied by a minimum of four (4) sets of drawings and specifications signed and sealed by an architect licensed to practice architecture as provided by the Illinois architectural act, or by a structural engineer licensed to practice structural engineering as provided by the Illinois architectural act, or by the owner of said proposed building when it is determined to be sufficient by the director of building and zoning. To obtain a permit, the owner or his representative shall file an application on a form furnished by the village for that purpose, and shall include a signed statement indicating the proposed occupancy or use of all parts of the building and the estimated construction cost thereof.
Subsection R110.1.1 Final Occupancy Inspection (Page 8, Final Occupancy Inspection, new subsection)
Insert: Unlawful to Occupy Building Before Final Inspection. No building or part thereof, hereafter erected, or the structure of which shall hereafter be altered or repaired and for which erection, alteration or repair a permit shall be required as provided in sections R105 and R106 of this chapter, and no existing building in which the character of the occupancy is to be changed, shall be occupied or used in whole or in part until a certificate of occupancy shall have been issued by the director of building and zoning. Such certificate shall carry the certification of the director of building and zoning that said building or part thereof conforms to the requirements of this code and any other applicable village ordinance; and that said building, construction, alteration, or repair has been substantially completed in accordance with the plans and specifications upon which the building permit required by this chapter was issued.
Subsection R110.2 Change in Use (Page 8, Occupancy Certificate Requirements, replace entire subsection)
Delete: Entire subsection.
Insert: Certificate of Occupancy Required for Change in Use or Occupancy. No building upon which a certificate of occupancy shall have been issued shall be used for a different classification or group occupancy until a certificate of occupancy for such different use shall have been issued by the director of building and zoning; provided, however, that no certificate of occupancy shall be issued in any event unless the occupancy or use of the building complies with Title 10 (Zoning) of the Wayne Village Code and all amendments thereto. "Change of occupancy" is not intended to mean change of tenant or proprietor, provided the new tenant is to occupy the building for a purpose, which would not involve its reclassification into a different occupancy group.
Subsection R110.4 Temporary Occupancy (Page 8, Occupancy Certificate Requirements, addition to subsection)
Insert: A cash performance bond, or other method of surety acceptable to the director of building and zoning, shall be posted in the amount of one hundred and ten percent (110%) of the cost of the remaining work necessary for a certificate of occupancy to be issued. Completion of the incomplete work and the issuance of a certificate of occupancy shall be secured prior to the expiration date of the temporary occupancy. Failure to comply with this occupancy requirement shall constitute a violation of this chapter and shall punishable as provided in section 1-4-1 of the Wayne village code.
Section R112 Appeals (Page 9, Board of Appeals)
Delete: Entire section.
Insert: Any person shall have the right to appeal a decision of the Director of Building and Zoning to the Zoning Board of Appeals. Means of appeal shall follow the requirements set forth in section 2-3-5 of the Village Code.
Section R115 Building Condemnation (Page 9, Condemnation Order, new subsection)
Insert: R115.1 Existing Buildings Contrary to Code. If the director of building and zoning finds that any building or other structure has become dangerous to life, limb or property or to the public because of structural defects, deterioration, or fire damage, or has become so unsanitary or out of repair as to render the same unsafe and unfit for occupancy or human habitation, it shall be deemed a nuisance, and the director of building and zoning, if and when he shall find any such conditions exist, shall declare such building or other structure a nuisance and shall condemn the same, and no person, firm or corporation shall occupy, rent, lease or use such building or other structure with or without compensation. The violations of the provisions of this section shall constitute a misdemeanor, and any person, firm or corporation found guilty of a violation thereof shall be subject to a fine in the manner and amount as provided by section 1-4-1 of the Wayne village code.
Subsection R115.2 Rebuilding or Removal After Notice of Condemnation (Page 9, Rebuilding Or Removal, new subsection)
Insert: R115.2 Rebuilding or removal must begin within five (5) days of condemnation notice. Any building or other structure condemned and declared to be a nuisance by the director of building and zoning under the provisions of subsection 115.1 of this chapter shall be put in a safe or sanitary condition or be demolished and removed. Within five (5) days after the service of notice in the manner and form provided in subsection 115.3 and 115.4 of this chapter, to make such building or other structure safe or sanitary or to remove and demolish the same, the owner or owners or the party or parties interested therein shall proceed to begin the work of making said building or other structure safe or sanitary or the work of removing and demolishing the same and shall prosecute said work continuously without unnecessary delay to a completion thereof; provided, however, that should the owner or person in possession of said building or structure deem himself aggrieved by any direction to repair or remove such building or other structure alleged by the director of building and zoning to be a nuisance, he shall, within a period of five (5) days after the giving of the notice as required by subsection 115.3 and subsection 115.4 in this chapter, have the right to appeal in writing in accordance with Section R112 hereof, from the judgement of the director of building and zoning to the zoning board of appeals. If in the judgement of the zoning board of appeals said building or other structure is unsafe or unsanitary and should be declared a nuisance, it shall order the owner or other person in possession of the building or other structure to begin the work of making safe or sanitary or of demolishing and removing said building or other structure.
Subsection R115.3 Notification of Unsafe Buildings (Page 9, Notice of Unsafe Buildings, new subsection)
Insert: R115.3 Director of Building and Zoning to Give Notice in Writing on Unsafe Buildings - Method Of Service. Whenever the director of building and zoning shall under the provision of subsection 115.1 in this chapter, condemn and declare any building or other structure to be a nuisance because of dangerous or unsanitary condition thereof, he shall cause a notice in writing to be served upon the owner or owners, upon the tenant and occupant thereof, if any, and upon the holder or holders of any encumbrances or general tax lien thereof, if any, ordering and directing said building or other structure to be put in a safe or sanitary condition or be demolished and removed. Service of said written notice may be effected by personal delivery thereof, or by mailing a copy thereof by registered mail directed to the person involved, at his last address known to the director of building and zoning or available to him upon examination of the property tax records of DuPage or Kane County, Illinois, and by posting a copy upon the premises subject to such condemnation.
Subsection R115.4 Noncompliance with Notification of Unsafe Buildings (Page 9, Noncompliance Procedures, new subsection)
Insert: R115.4 Procedures Upon Failure to Comply After Notice. Upon the failure of the owners of said building or other structure, or the party or parties of interest, within five (5) days after the service of the notice provided in subsection 115.3 hereof or upon the failure to comply with an order of the zoning board of appeals as provided in subsection 115.2 of this chapter to begin the work of making safe or sanitary or of removing and demolishing said building or other structure, or upon the failure of the owner or owners or the party or parties of interest after beginning such work to proceed continuously without unnecessary delay to completion thereof, the village may take any action at law or in equity to restrain the use of such structure, or may proceed against the owner or any person in possession of the same in a penal action before the circuit court as provided in the Illinois Municipal Code for violation of the provisions of this chapter. All court, attorney’s fees and other costs incurred by the village shall constitute a lien against the subject property and fixtures until the village is fully reimbursed. The village may also, in its discretion, cause the said structure to be secured to prevent access, cleaned of unsanitary conditions detrimental to the public or, in accordance with the Illinois Municipal Code, removed in its entirety, after the failure, within the time herein above provided for, to restore the same to a safe condition.
Subsection R115.5 Reconstruction (Page 9, Reconstruction Requirements, new subsection)
Insert: R115.5 Reconstruction to Conform to Requirements for New Structures If Cost Exceeds 50% Of Value. A structure declared unsafe by the director of building and zoning may be restored to safe condition as provided in section 115.2 of this chapter; provided that if the damage or cost of reconstruction or restoration is in excess of 50% of the value of the structure if reconstructed or restored, it shall be made to conform, with respect to materials and type of construction, to the requirements for new structures as provided for in this chapter.
Section R202 Definitions (Pages 25 and 26, Townhouse, add to fourth line)
Addition: Adjoining townhouse units shall be separated by a U.L. listed three (3) hour rated fire-resistive masonry wall assembly with an STC rating of not less than 50. Two-family dwellings (duplex) are considered the same as a townhouse.
Table R301.2 (1) Climatic and Geographic Design Criteria (Page 32, Information, insert)
Ground Snow Load - 30 pounds per square foot.
Wind Speed - 115 miles per hour.
Topographic Effects - No
Seismic Design Category - A.
Damage From Weathering - Severe.
Frost Line Depth - Forty-two (42) inches.
Damage From Termites - Moderate to Heavy.
Damage From Decay - Slight to Moderate.
Winter Design Temperature - -4 degrees F.
Ice Barrier Underlayment Required - Yes.
Flood Hazards - See current FIRM and FBFM maps.
Air Freezing Index - 1700 cumulative degree days below 32 degrees F.
Mean Annual Temperature - 49.4 degrees F.
Subsection R302.1 Exterior Walls (Page 57 and 58, line 6)
Add: All one (1) hour wall and projection ratings listed in table R302.1(1) shall be changed to not less than three (3) hour fire-resistive rated with exposure ratings from both sides. Three (3) hour walls are to be masonry construction only.
Subsection R302.2 Townhouses (Page 59, change wall assembly within Items 1 and 2)
Change: Item 1, line 3, 2-hour fire-resistance-rated masonry.
Change: Item 2, line 3, 3-hour fire-resistance-rated masonry.
Subsection R302.3 Two-Family Dwellings (Page 59, delete entire subsection and insert)
Delete: Entire subsection.
Insert: Two-family dwelling units shall be separated and constructed to meet the same requirements as a townhouse.
Subsection R302.6 Separation Required - Attached Garages (Page 61, Table R302.6)
Change: ... 5/8-inch (15.9 mm) type "X" fire code gypsum board material shall be required for all separations (Changed from 1/2-inch (12.7 mm) gypsum board).
Subsection R309.1 Floor Surface (Page 69, change first sentence)
Change: Garage floor surfaces shall be improved with portland cement concrete, 3,500 psi, not less than four (4) inches (102 mm) in thickness over compacted crushed aggregate base not less than four (4) inches (102 mm) in thickness. Vapor barrier minimum 6 mil in thickness shall be installed where living area exists above garage space. Garage floor surfaces attached to living area shall be provided with a six (6) inch (153 mm) concrete gas curb, above the floor surface, adjacent to the living area portion of the building. If building foundation extends the minimum six (6) inches above floor surface, it can serve as the gas curb.
Subsection R309.2 Carports (Page 69, add after second sentence)
Add: Carport floor and gas curb requirements and area requirements shall be the same as amended requirements for garages in subsection R309.1.
Subsection R310.4 Bars, Grills, Covers and Screens (Page 71, addition to end of subsection)
Add: Window well covers are to be able to support a minimum 250 pound weight load.
Subsection R312.1.3 Guard Opening Limitations (Page 74, add after first sentence, fourth line)
Add: Required guards shall not be constructed with horizontal rails or other ornamental pattern that results in a ladder effect.
Section R313 Automatic Fire Sprinkler Systems (Page 75, delete entire section)
Delete: Entire section. Fire sprinkler systems not mandatory.
Subsection R319.1 Site Address - Premises Identification (Page 81, add to end of subsection)
Add: Addresses are not permitted on garage doors. Address numbers on mailboxes shall be installed on both sides of the mailbox.
Subsection R402.1 Wood Foundations (Page 89, delete entire subsection)
Delete: Entire subsection. Wood foundations not permitted.
Subsection R403.2 Footings for Wood Foundations (Page 101, delete entire subsection)
Delete: Entire subsection. Wood foundations not permitted.
Subsection R404.2 Wood Foundation Walls (Page 129, delete entire subsection)
Delete: Entire subsection. Wood foundations not permitted.
Subsection R405.1 Foundation Drainage - Concrete or Masonry Foundations (Page 130, delete masonry, second line of subsection)
Delete: “masonry” in second line of subsection.
Subsection R405.2 Wood Foundations (Page 131, delete entire subsection)
Delete: Entire subsection. Wood foundations not permitted.
Subsection R405.3 Drainage System Discharge (Page 131, add new subsection)
Add: The drainage system sump shall discharge to grade a minimum of three (3) feet (914 mm) from the exterior wall of the building. Splash blocks shall be required at all sump pump discharge lines. Splash blocks shall be constructed of concrete or other material acceptable to the director of building and zoning and be designed to carry water at least three (3) feet (914 mm) but not more than five (5) feet from the exterior wall of the building. It shall be mandatory to carry the water flow away from the direction of the adjacent side lot so that the water will not empty onto such property as it flows from the sump pump discharge. If an underground drainage system is used to carry downspout discharge water away from the building instead of using splash blocks, there shall be an “air-gap” between the downspout discharge pipe at the house prior to entering the downspout extension. The downspout drainage system shall extend a minimum of ten (10) feet away from the foundation wall of the building and shall terminate to the ground surface as far as possible, but no less than twenty-five (25) feet away from the property line. Once ten (10) feet beyond the foundation wall of the building, perforated pipe shall be used to dissipate the flow of water. Drainage system downspout discharge shall be dispersed so as not to saturate the ground or run off into adjacent properties, and shall not accumulate on to public ways. Other methods to dissipate downspout storm water may be considered with the approval of the Director of Building and Zoning.
Subsection R406.3 Damp Proofing for Wood Foundations (Page 132, delete entire subsection)
Delete: Entire subsection. Wood foundations not permitted.
Subsection R408.6 Under-Floor Space, Finished Grade (Page 134, line 8)
Addition: Crawl space or under-floor surface shall be finished with an approved vapor barrier minimum 6 mil thick (0.15 mm) under a slurry coat of concrete, minimum two (2) inches (51 mm) in thickness.
Subsection R504 Pressure Preservative Treated-Wood Floors, On Ground (Page 146, delete entire subsection)
Delete: Entire subsection.
Table R702.3.5 Minimum Thickness and Application of Gypsum Board (Page 360, deletion)
Delete: Use of any referenced single layer 3/8-inch (9 mm) drywall installations - not permitted.
Subsection R801.3 Roof Drainage (Page 365, delete entire subsection and insert new subsection)
Delete: Entire subsection. Insert: Gutters shall be installed on all roofs with back edge not less than one (1) inch (25.4 mm) higher than the front (outside) edge. All gutters and downspouts shall be securely fastened to the building. Downspouts shall not be connected to the sanitary or storm sewer. Splash blocks are required at the bottom of downspouts and shall be construction of concrete or other material acceptable to the director of building and zoning and shall be designed to carry water at least five (5) feet (1523 mm) from the exterior wall of the building. It shall be mandatory to carry the water flow away from the direction of the adjacent side lot so that the water will not empty onto such property as it flows from the downspout channel. If an underground drainage system is used to carry downspout discharge water away from the building instead of using splash blocks, there shall be an “air-gap” between the downspout discharge pipe at the house prior to entering the downspout extension. The downspout drainage system shall extend a minimum of ten (10) feet away from the foundation wall of the building and shall terminate to the ground surface as far as possible, but no less than twenty-five (25) feet away from the property line. Once ten (10) feet beyond the foundation wall of the building, perforated pipe shall be used to dissipate the flow of water. Drainage system downspout discharge shall be dispersed so as not to saturate the ground or run off into adjacent properties, and shall not accumulate on to public ways. Other methods to dissipate downspout storm water may be considered with the approval of the Director of Building and Zoning.
Chapter 11 Energy Efficiency (Pages 459 through 494, delete entire chapter – insert)
Delete: Entire chapter.
Insert: The design and construction of buildings and associated systems and equipment shall conform to the current provisions of the Village of Wayne energy code title 8, chapter 7.
Chapter 22 Special Piping and Storage Systems (Pages 533 and 534, delete entire chapter - Fuel Oil Installations)
Delete: Entire chapter. Installations not permitted.
Chapter 25 Plumbing Administration (Pages 617 and 618, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 26 General Plumbing Requirements (Pages 619 through 622, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 27 Plumbing Fixtures (Pages 623 through 628, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 28 Water Heaters (Pages 629 and 630, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 29 Water Supply and Distribution (Pages 631through662, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 30 Sanitary Drainage (Pages 663 through 675, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 31 Vents (Pages 677through 681, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 32 Traps (Pages 683 and 684, delete entire chapter - insert)
Delete: Entire chapter.
Insert: The design and installation of plumbing systems shall conform to the current provisions of section 8-1-5 of the Wayne village code.
Chapter 34 General Requirements - Electrical (Pages 687 through 694, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 35 Electrical Definitions (Pages 695 through 699, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 36 Services (Pages 701 through 711, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 37 Branch Circuit and Feeder Requirements (Pages 713 through 720, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 38 Wiring Methods (Pages 721 through 725, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 39 Power and Lighting Distribution (Pages 727 through 754, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 40 Devices and Luminaires (Pages 755through 760, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 41 Appliance Installation (Pages 761 through 763, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 42 Swimming Pools (Pages 765 through 777, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 43 Class 2 Remote Control, Signaling, And Power- Limited Circuits (Pages 779 and 780, delete entire chapter - insert)
Delete: Entire chapter.
Insert: All electrical equipment and installations shall conform to the current provisions of section 8-1-4 of the Wayne village code.
Chapter 45 Driveways (new chapter)
Section R4501: Driveway Permit. No person shall hereafter alter, construct, build or establish any driveway without first obtaining a village permit.
Section R4502: Application for Permit. Application for a permit for a driveway shall be filed with the director of building and zoning and shall contain the name and address of the person making the application and the name and address of the owner of the property to be served by such driveway, together with the proposed location and plans and specifications for such driveway and payment of the Village permit fee and any other fees and bonding required by the Village.
Section 4503: Approval by Director of Building and Zoning. No permit shall be issued for any work to be done in any way about the construction of any driveway until the plans and specifications therefore have been submitted to and approved by the director of building and zoning and all required fees and bonds have been paid.
Chapter 46 Safety Fencing (new chapter)
Section R4601: If required by the director of building and zoning for life safety, residential construction projects are required to have a safety fence of 48 inches to a maximum of 72 inches in height above grade around the entire perimeter of the construction project area. Fencing must be installed prior to commencement of construction.
Chapter 47 Radon Gas Controls (new chapter)
Section R4801: New dwelling unit construction shall be built in compliance with radon gas controls as provided in Appendix F of the International Residential Code, 2018 edition, pages 861 through 867.
C. Violation; Penalty:
1. It shall be unlawful to design, construct, alter, move, enlarge, replace, repair, demolish, remove, use or maintain property, buildings or structures in the village of Wayne in violation of the terms and provisions of this section.
2. Any person, firm or corporation violating the terms and provisions of this section shall be liable for a penalty in the amount of one hundred percent (100%) of any unpaid fee and, in addition, shall be subject to a penalty of Seven Hundred Fifty dollars ($750.00) for each violation. Each day that a violation of this section occurs shall be deemed to be a complete and separate offense. In addition, the appropriate authorities of the village may take such other action as they deem proper to enforce the terms and provisions of this section, including, without limitation, an administrative adjudication pursuant to Section 1-4-5 of the Village Code, or an action at law or in equity to compel compliance with its terms. Any person violating the terms or provisions of this section shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorney fees, and any such penalties, costs, fees and other expenses incurred by the Village shall constitute a lien against the subject real property and fixtures until the Village is fully reimbursed.
D. Effect of Regulations: This section shall not be construed to extend to or affect any construction activity for which a permit was issued or application for permit filed prior to the effective date hereof, except for fees not yet due or payable, unless the director of building and zoning determines that any provisions of this section or the regulations incorporated herein by reference should be applied for reasons of public health and safety. (Ord. 16-05, 6-7-2016; amd. Ord. 20-03, 4-21-2020)