(A) Code Adopted: There is hereby adopted by reference as if fully set out herein that certain code known as the 2018 International Existing Building Code, second printing, as prepared and published by the International Code Council, Inc., together with the additions, insertions, deletions and changes hereinafter set forth, one copy of which has been for a period of more than thirty (30) days prior to the effective date hereof and now is on file in the Office of the Village Clerk.
(B) Amendments To Code: The following additions, insertions, deletions and changes are hereby made to the 2018 International Existing Building Code, second printing:
1. Section 101.1 Title: Amend by deleting the words and punctuation marks, "(Name of Jurisdiction)" and insert the words "The Village of Willowbrook".
2. Section 105.2 Work exempt from permit. Delete in its entirety and in lieu thereof substitute with the following new Section 105.2:
Section 105.2 Work exempt from permit. Contact the Village of Willowbrook Building Official or his/her designee in writing for a determination if a permit is required for small repairs
3. Section 105.5 Expirations. Delete in its entirety and in lieu thereof substitute with the following new Section 105.5:
Section 105.5 Extension and expiration of building permit. If after a building permit required by this chapter shall have been granted, if the operation called for by such permit shall not have been started within six (6) months after the date thereof, such permit shall be void and no operation thereunder shall be begun. Where, under authority of a permit, work has begun and has not been prosecuted for a continuous or cumulative period of six (6) months, all rights under such permits shall thereupon terminate and work can be continued only after application for and issuance of a new permit. Where, under authority of a permit, work has not been completed within eighteen (18) months after the issuance of such permit and an occupancy certificate or certificate of completion issued, all rights under such permit shall thereupon terminate and work can be continued only after application for and issuance of a new permit. The new permit shall only be issued for a period in which to expediently complete the work originally permitted. The completion period of the extended permit shall be approved by the Building Official or his/her designee. The fee for said new permit shall be equivalent to the fee applicable to the original building permit obtained. Failure to complete the originally permitted work prior to the expiration date of the extended permit shall be a violation of this code and punishable in accordance with the provisions of title 1, chapter 4 of the Village Code.
4. Section 108.1 Payment of fees. Delete this section in its entirety and in lieu thereof substitute the following new Section 108.1:
Section 108.1 Payment of fees. A Permit shall not be Issued until the review process has been completed and Approved and the fees prescribed in Title 4, Section 4-2-11 of the Village Municipal Code have been paid and accepted, nor shall an Amendment to a Permit be released until the additional fee, if any, due to an increase of the installation, has been paid and accepted.
5. Section 109.3 Required inspections. Amend by adding the following new Sections 109.3.11 and 109.3.12:
Section 109.3.11 Masonry firebox inspection. Masonry firebox inspections shall be made before flue/chimney installation and after the fireplace firebox and smoke shelf is completed.
Section 109.3.12 Stocking and training inspection. Stocking and training inspection shall be made after the completion of construction and prior to the installation of any stock, merchandise and non permanent/movable tenant fixtures and furniture, and prior to the allowance of tenant employee occupancy and/or training.
6. Section 112 BOARD OF APPEALS. Delete this section in its entirety and in lieu thereof substitute the following new Section 112:
Section 112 BOARD OF APPEALS.
Section 112.1 Application for appeal: Each owner and occupant who is affected by this section shall have the right to appeal from the decision of the Village made pursuant to this section. All appeals shall be made to the Board of Appeals of the Village of Willowbrook as hereinafter constituted and within ten (10) days after receipt of notice of the decision of the Village.
Section 112.2 Membership of the board. The Board of Appeals shall be the Plan Commission of the Village of Willowbrook. A majority of the members of the Plan Commission then holding office shall constitute a quorum.
Section 112.3 Board actions. All actions of the Board must have the concurrence of a majority of those members then holding office. Action on an appeal brought before the Board may be taken by a written vote of a majority of the members upon each voting member certifying that he has read and considered the transcript of the hearing proceedings held by the Board in his absence.
Section 112.4 Procedure. The rules of procedure during a hearing on an appeal shall be similar to the procedures for zoning appeals as adopted by the Plan Commission. In any event, all evidence that is relevant and material and of probative value shall be admitted. Hearsay evidence alone shall not support any decision of the Board.
Section 112.5 Board recommendation. Recommendation to the corporate authorities from the Board shall be made within such time as may be set by the chairman, but, in any event, not later than thirty (30) days after receipt of the transcript of proceedings.
Section 112.6 Powers of the Board: The Board of Appeals shall have the following powers:
a. To make fact findings and to review fact findings of the Village, provided that fact findings of the Village shall be presumed to be correct until rebutted by a clear preponderance of the evidence to the contrary.
b. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code.
Section 112.7 Board Review: Within thirty (30) days of the receipt of the recommendations of the Board of Appeals, the corporate authorities shall grant or deny the time extension or variation, or refer the matter back to the Board of Appeals for further consideration. If the Board of Appeals favorably recommends the granting of a time extension or variation, that time extension or variation may be granted by resolution by a majority vote of the corporate authorities. If the Board of Appeals does not favorably recommend the granting of a time extension or variation, that time extension or variation may be granted only by favorable vote of two-thirds (2/3) of the corporate authorities. The corporate authorities shall not grant a time extension or variation unless they have made findings of fact based upon evidence adduced by the hearing held by the Board of Appeals.
7. Section 113.4 Violation penalties: Delete this section in its entirety and in lieu thereof substitute the following new Section 113.4:
Section 113.4 Violation penalties. Any person who shall violate a provision of this section or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or a directive of the Building Official, or of a permit or certificate issued under the provisions of this section shall be punishable by a fine of not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). Each day that a violation continues shall be deemed a separate offense.
8. Section 114.3 Unlawful continuance: Delete this section in its entirety and in lieu thereof substitute the following new Section 114.3:
Section 114.3 Unlawful continuance: Any person who shall continue any type of work in or about the structure after having been served with a stop work order, except such work as that person is directed by the Building Official to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than that prescribed by Title 4, Section 4-2-13(B) of the Village Code.
9. Section 202 DEFINITIONS. Amend by adding the following new Definition:
FIRE OFFICIAL/FIRE MARSHAL. The Building Official or his designated agent/representative.
(Ord. 19-O-10, 6-24-2019)