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HomeMy WebLinkAboutOrdinances - MC-06-895 - 08/07/2006 - Chapter 7 updated building codesORDINANCE NO. MC-06-895 An Ordinance Amending City of McHenry Municipal Code Chapter 7, Buildings and Building Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That Chapter 7 Buildings and Building Regulations Article I In General of the City of McHenry Municipal Code, shall be amended as follows: Section 7-3 (A)(5) include "and Hot Tubs"; Section 7-3 (A)(8) add "including miscellaneous construction"; Section 7-3 (A)(19) add "Backflow Prevention Installation: $50.00"; Section 7-3 (B)(18) add "Backflow Prevention Installation: $50.00"; Section 7-5 (a) be changed to read as follows: Duration of Minor Permits. A minor permit shall be any permit issued for an accessory use listed in Table 19: Permitted Obstructions of Required Yards in the City of McHenry Zoning Ordinance. A minor permit shall expire and become invalid if a substantial construction start is not made within ninety (90) days after the issuance of said permit, and/or if construction is not fully completed within six (6) months after the issuance of said permit. In any of the aforesaid cases, no further construction shall be permitted until a new application has been submitted and approved and all fees have been paid in connection with the application for said minor permit or a letter of extension from the Community Development Director is issued Section 7-5 (b) be changed to read as follows: Duration of Major Permits. A major permit shall be any permit not classified as a minor permit. A major permit shall expire and become invalid if a substantial construction start is not made within sixty (60) days after the issuance of said permit, construction is not completed, and a final inspection passed (Temporary Occupancy Agreement issued), within one (1) year after the issuance of said permit, or, if the building whose construction is authorized thereby has passed a final inspection and a Certificate of Occupancy has not been issued within two (2) years after the issuance date of said permit within one (1) year after the issuance of said permit, or, if the building whose construction is authorized thereby has not bad and passed a final inspection and a Certificate of Occupancy is not issued within two (2) years after the issuance date of said permit. In any of the aforesaid cases, no further construction shall be permitted until a new application has been submitted and approved and all fees have been paid in connection with the application for said major permit or a letter of extension from the Community Development Director is issued. Section 7-20 be changed to Reserved; Section 7-21 be changed by adding a second paragraph as follows: No garage shall be smaller than twelve (12) feet wide by twenty (20) feet deep, with a door opening no less than nine (9) feet wide by seven (7) feet high Section 7-27 be changed to read as follows: The basement, crawl space or lowest floor elevation of any building shall be a minimum of one (1) foot above the seasonal high water level as determined by an Illinois licensed professional soils engineer. SECTION 2: That Chapter 7 Buildings and Building Regulations Article II Electricity of the City of McHenry Municipal Code, shall be amended as follows: Section 7-34 be changed to read as follows: That a certain document, three copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois, being marked and designated as "The National Electrical Code", 1999 Edition NFPA 70, promulgated by the National Fire Protection Association, and amendments thereto, are hereby adopted by reference as and for the safe and practical standards for the installation, alteration and use of electrical wiring, apparatus and equipment in the City, provided, however, that where the provisions of the National Electrical Code and amendments thereto are in conflict with the provisions of the following sections of this article, or such amendments thereof as the City may hereafter adopt, such sections and amendments shall control. That the aforesaid three copies of the National Electrical Code and said amendments have been flied with the City Clerk for a period of at least 30 days prior to the adoption of this section. Section 7-35 be changed to read as follows: The following exceptions and modifications are found necessary to meet conditions and shall prevail in the case of conflict thereof with any of the provisions in the National Electrical Code: a) All commercial, industrial and multi -family residence service shall be in rigid conduit. All interior wiring in commercial, industrial and multi -family residences shall be in thinwall (EMI) conduit. b) Single-family residence service shall be in rigid, IMC or in thinwall (EMT) metal conduit. All interior wiring in single-family residences shall be in BX or in thinwall (EMT) conduit or shall be grounded NM cable. c) All underground wiring shall be in rigid conduit. 151 d) All metal noncurrent carrying parts of enclosures of electrical equipment and metal boxes shall be grounded. The ground wire shall be secured to a cold water pipe when such pipe is available. If such pipe is not available, then the ground shall be secured to a ground rod at least eight (8) feet in length. No ground shall be secured to any fixture or fitting. All buildings having metal siding shall be grounded by means of two (2) ground rods, eight (8) feet in length, located on opposite corners. e) All electrical outlets, switches and light fixtures shall be provided with metal boxes, which shall be grounded. All lighting fixtures located above tubs and showers shall be ground fault interrupter (GFI) protected. (MC-03-829) f) Wiring for dining rooms, kitchens, laundries and utility rooms in all residences shall not be smaller than No. 12 AWG wire and nor more than three (3) appliance outlets shall be located on any separate individual circuit. All furnaces, boilers, washers, dishwashers, air -conditioners, wells and sump pumps shall be wired on separate circuits of wire not smaller than No. 12 AWG. g) The existing type of wiring may be followed where additional outlets are being installed in any existing structure. However, where a building addition is being constructed, the type of wiring in the existing structure shall not be followed unless such existing wiring complies with the provisions of this Article. h) Meter sockets on new single-family construction shall be located on the side of the house closest to the source. SECTION 3: That Chapter 7 Buildings and Building Regulations Article IV BOCA NATIONAL CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-58 first paragraph be deleted and replaced with the following: A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of McHenry. Illinois, being marked and designated as "INTERNATIONAL BUILDING CODE/2000" and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL (ICC), be and is hereby adopted for the control of buildings and structures, other than detached one or two family dwellings, as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of the INTERNATIONAL BUILDING CODE/2000, are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the following additions, insertions, deletions and changes: Section 7-58 (2) be deleted and replaced with the following: (2) Delete Sections 105.1.1 Annual Permits and 105.1.2 Annual Permit Records and 105.2 Work Exempt from Permit. Section 7-58 (3) be deleted and replaced with the following: (3) Section 106.1 Submittal Documents, Delete "one or more sets" and insert "a minimum of three sts"; Section 7-58 (4) be deleted and replaced with the following: (4) "A site plan" should be deleted and "4 site plans and/or surveys" should be inserted in the second line of Section 106.2 �y Section 7-58 (5) be deleted and replaced with the following: (5) Section 105.6 Suspension of Permit, be and the same is hereby deleted. Section 7-58 (6) be deleted and replaced with the following: (6) Section 113.4 shall read as follows: "Violation Penalties: Any person who shall violate a provision of this Code 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 directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Seven Hundred Fifty Dollars ($750.00). Each day that a violation continues shall be deemed a separate offense." Section 7-58 (7) be deleted and replaced with the following: (7) Section 114.3 shall read as follows: "Unlawful Continuance: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). Each day that a violation continues shall be deemed a separate offense." Section 7-58 (9) be deleted and replaced with the following: (9) Delete the provisions of Code Sections 112.1 through 112.3 inclusive; insert Section 112.1 which shall read as follows: "Appeals. Any person aggrieved by any decision of the Building Officer may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council." Section 7-58 (10) be deleted and replaced with the following: (10) Insert "City of McHenry" in Section 1612.3. Section 7-58 (11) be deleted and replaced with the following: (11) Reserved. Section 7-58 (13) be deleted and replaced with the following: (13 )Delete Section 3107, Signs. Section 7-58 (14) be deleted and replaced with the following: (14) Section 106.1 of the INTERNATIONAL BUILDING CODE (IBC), delete 'one or more sets" in line 3 and replace with "three sets". Section 7-58 (15) be deleted and replaced with the following: (15) Section 106.0 of INTERNATIONAL BUILDING CODE, insert "Landmark Commission approval required prior to demolition". Section 7-58 (16) be deleted and replaced with Reserved. Section 7-58 (17) be deleted and replaced as follows: (17) Section 110.3 of INTERNATIONAL BUILDING CODE (IBC), Certificate Issued, delete line 5 starting with "that shall contain" the end of Section 110.3 Section 7-58 (18) be deleted and replaced with the following: (18) Page 691 of the INTERNATIONAL BUILDING CODE, Chapter 35, Referenced Standards, Codes, delete `IPC-2000' and replace with Illinois State Plumbing Code'; delete IPSDC-,2000, Section 7-58 (19) be deleted and replaced with the following: (19) Delete INTERNATIONAL BUILDING CODE Section 3109, Swimming Pool Enclosures and replace with `See Chapter 22, Swimming Pools, of the City of McHenry Municipal Code. Section 7-58 (21) be deleted and replaced with the following: (21) Appendix B - Board of Appeals, Delete Section B101 General and insert the following: "Appeals. Any person aggrieved by any decision of the Building Officer may appeal there from to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council." Section 7-58 (22) be deleted and replaced with the following: (22) Adopt Appendix - B as modified. Section 7-58 (23) be deleted and replaced with the following: (23) Insert "City of McHenry" in Section 1612.3 Section 7-58 (24) be deleted and replaced with the following: (24) Insert "July 5, 1983" in Section 1612.3 Section 7-58 (26) be deleted and replaced with the following: (26) Insert "the adoption date of the 2000 INTERNATIONAL BUILDING CODE by the City of McHenry" Section 7-58 (27) be deleted and replaced with the following: (27) Chapter 35, Reference Standards, Codes, delete reference to "IEC-2000" INTERNATIONAL ELECTRIC CODE. SECTION 4: That Chapter 7 Buildings and Building Regulations Article VIII INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-132 heading and first paragraph be deleted and replaced with the following: Sec. 7-132. INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS/2000 Edition adopted. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois being marked and designated as "INTERNATIONAL RESIDENTIAL CODE 2000" Edition, and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL (ICC) is hereby adopted as the "Building Code of the City of McHenry, Illinois:, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS/2000 Edition, are hereby referred to, adopted and made a part hereof, as if fully set out in this Article with the following additions, insertions and changes. if any: Section 7-132 (1) be deleted and replaced with the following: (1) Delete the provisions of Section R-103 and insert the following provisions as and for Section R-103: Section R-103. Enforcement Officer. It shall be the duty and responsibility of the City Building Inspector to enforce the provisions of the "INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS". The Building Inspector is herein referred to as the Building Officer. Section 7-132 (2) be deleted and replaced with the following: (2) Delete the provisions of Section R-112 "Board of Appeals" and insert the following provision in the place thereof: Section R-112.1 Appeals. Any person aggrieved by any decision of the Building Inspector may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council. Section 7-132 (3) be deleted and replaced with the following: (3) Delete the provisions of Section R-105, "Permits', and in the place thereof substitute the following: Section R-105 "Permits". The terms and provisions of Section 105 of the INTERNATIONAL BUILDING CODE 2000, are hereby referred to, adopted and incorporated herein as if fully set out in this Article. Section 7-132 (4) be deleted and replaced with the following: (4) Delete the provisions of Section R-106 "CONSTRUCTION DOCUMENTS" and insert the following provisions as and for Section r-105: Section r-106. Plans and Specifications. The application for the permit shall be accompanied by not less than 2 copies of specifications and of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. When the quality of materials is essential for conformity to this Code, specific information shall be given to establish such quality; the Building Official may waive the requirement for filing plans when the work involved is of a minor nature. The Building Official may require the plans and specifications to be signed and sealed by an architect or structural engineer registered and licensed by the State of Illinois. Section 7-132 (6) be deleted and replaced with the following: (6) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW WIND SEISMIC DESIGN SUBJECT TO DAMAGE FROM WINTER DESIGN FLOOD HAZARD SPEED(MPH) WEATHERING FROST LINE TERMITE DECAY LOAD CATAGORY DEPTH TEN, IP 30 80 1 SEVERE 42" MODERATE SLIGHT TO 6W AT J* 5, TO MODERATE q*F 1983 HEAVY Section 7-132 (7) be deleted and replaced with the following: (7) Add Section R-309.6 as follows: Section R-309.6 Attached Garages. Provide 4" concrete curb between building and attached garage or construct the garage floor a minimum of 4" below the adjoining foundation. Installation of house heating unit or other fuel burning appliance in the garage is not permitted unless a wall having a fire resistance rating of not less than 1 hour is installed separating the space containing the home heating unit and the garage space. Section 7-132 (8) be deleted and replaced with the following: (8) Section 311.1. paragraph 1, line 1, delete "one exit", and insert "two exit". Section 7-132 (10) be deleted and replaced with Reserved. Section 7-132 (11) be deleted and replaced with Reserved. Section 7-132 (13) be deleted and replaced with Reserved. Section 7-132 (16) be deleted and replaced with the following: (16) Section R-409.3 shall read as follows: Section R409.3 Removal of Debris. The under floor grade shall be cleaned of all vegetation, organic material, concrete forms and construction debris. Such material shall be replaced with granular fill or pea -gravel with a vapor barrier. A minimum clearance of twenty-four (24) inches under floors or girders is required. Section 7-132 (17) be deleted and replaced with Reserved. Section 7-132 (18) be deleted and replaced with the following: (18) Insert Section R-702.3.1.1, All interior walls and ceiling surfaces in habitable areas shall be covered with a minimum of one- half (1/2) inch gypsum wall board or equal. An exception to the foregoing is the use of three - eighths (3/8) inch gypsum wall board as backup for plywood paneling. N�o sheet rock is required for nominal one (1) inch solid paneling. Section 7-132 (19-20) be deleted and replaced with Reserved. Section 7-132 (24-35) be deleted and replaced with Reserved. Section 7-132 (37-38) be deleted and replaced with Reserved. Section 7-132 (41-43) be deleted and replaced with Reserved. Section 7-132 (44) be deleted and replaced with the following: (44) Change all references in section R-309.2 "Separation Required" from ''/z" thick drywall to 5/8" fire code drywall. SECTION 5: That Chapter 7 Buildings and Building Regulations Article XIII INTERNATIONAL MECHANICAL CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-200 first paragraph be deleted and replaced with the following: Sec. 7-200. Control of buildings and structures. A certain document, three (3) copies of which are on file in the Office of the City Clerk of the City of McHenry, Illinois, and which have been on file therein for a period of thirty (30) days prior to the adoption of this ordinance, being marked and designated as the INTERNATIONAL MECHANICAL CODE 2000, and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL (ICC) be and is hereby adopted for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the INTERNATIONAL MECHANICAL CODE 2000, are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the following additions, deletions, insertions and changes: Section 7-200 (3) be deleted and replaced with the following: (3) Delete Section 108.4 Violation Penalties. Section 7-200 (7) be deleted and replaced with the following: (7) Page 98. Referenced Standards Codes, delete IPC-2000, ICC International Plumbing Code and replace with Illinois State Plumbing Code. Section 7-200 (8) be deleted and replaced with Reserved. SECTION 6: That Chapter 7 Buildings and Building Regulations Article XIV INTERNATIONAL FIRE CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-211 first paragraph be deleted and replaced with the following: Sec. 7-211. Control of buildings and structures. A certain document, three (3) copies of which are on file in the Office of the City Clerk of the City of McHenry, Illinois, and which have been on file therein for a period in excess of thirty (30) days prior to the adoption of this Ordinance, being marked and designated as "INTERNATIONAL FIRE CODE 2000", and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL, be and is hereby adopted for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of "INTERNATIONAL FIRE CODE 2000" are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, with the following additions, insertions, deletions, and changes: Section 7-211(1) be deleted and replaced with the following: (1) The words "City of McHenry" should be inserted in the second line of Section F-101.1 on page (1) of the Code. Section 7-211(2) be deleted and replaced with the following: (2) Delete the provisions of Appendix A "Board of Appeals" and insert the following provision in the place thereof: Appeals. Any person aggrieved by any decision of the Building Inspector may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council. Section 7-211(4) be deleted and replaced with the following: (4) Section 104.1 Add "The Building Officer is hereby referred to as the Fire Official". Section 7-211(5) be deleted and replaced with the following: (5) Delete the provisions of Section 108 and insert: Any person aggrieved by any decision of the Building Officer may appeal there from to the City Council which may affirm, modify or reverse the decisions of the Building Officer.. Thereupon, the Building Officer shall take action in accordance with the decisions of the City Council. Section 7-211 (6) be deleted and replaced with the following: (6) Chapter 45, REFERENCED STANDARDS, Codes, delete references to the IPC-2000 International Plumbing Code and replace with Illinois State Plumbing Code. Section 7-211 (7) be deleted and replaced with the following: (7) Delete Section 109.3 "Violation Penalties" Section 7-211 (8) be deleted and replaced with the following: (8) Section 111.4, line 5 insert "$50.00" in the less than box in line 5, and "$500.W' in more than box in line 5. Section 7-211(9) be deleted and replaced with the following: (9) Chapter 45, Reference Standards, Codes, delete references to "IEC-20W' "INTERNATIONAL ELECTRIC CODE. SECTION T That Chapter 7 Buildings and Building Regulations Article XVI INTERNATIONAL PROPERTY MAINTENANCE CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-225 first paragraph be deleted and replaced with the following: Sec.7-225 The International Property Maintenance Code, 2000 as published by the INTERNATIONAL CODE COUNCIL is hereby adopted as the Property Maintenance Code of the City of McHenry, for the control of buildings and structures as herein provided, subject to the following amendments: Section 7-225 (10) be deleted and replaced with the following: (10) In Section 302.7.1 delete "International Building Code" from second line and replace with Section 22-20 of the City of McHenry. Municipal Code". Section 7-225 (11) be deleted and replaced with the following: (11) Delete the following text from Section [F] 303.3 "Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke of 0.5 inch (12.7mm) " Section 7-225 (12) be deleted and replaced with the following: (12) Delete Section 303.3, Line 4, starting with "Address Numbers... to end of section. Section 7-225 (13) be deleted and replaced with the following: (13) In Section 303.14 insert "April lstto November 1%". Section 7-225 (17) be deleted and replaced with Reserved. Section 7-225 (18) be deleted and replaced with the following: (18) In Chapter 8 REFERENCED STANDARDS: Codes, delete references to IPC-2000 and IEC 2000. SECTION 8: That Chapter 7, Buildings and Building Regulations of the City of McHenry Municipal Code be amended by adding ARTICLE XVIL INTERNATIONAL FUEL GAS CODE 2000 ADOPTED as follows: Section 7-240 The INTERNATIONAL FUEL GAS CODE, 2000 as published by the INTERNATIONAL CODE COUNCIL is hereby adopted as the FUEL GAS CODE of the City of McHenry, for the control of buildings and structures as herein provided as follows: (1) Insert "the City of McHenry" in Section 10 1. 1 (2) Delete Section 103 (IFGC) in its entirety and replace as follows: "Section 103.1 General. It shall be the duty and responsibility of the Building Officer to enforce the provisions of the Property Maintenance Code. The Building Officer is hereby referred to as the code official'. (3) Delete the provisions of Section 109 (IFGC) MEANS OF APPEAL in its entirety and replace with: "any person aggrieved by any decision of the code official may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the code official. Thereupon the code official shall take action in accordance with the decisions of the City Council." (4) In IFGC/IFGS Chapter 7 REFERENCED STANDARDS: Codes, delete references to IPC- 2000 and IEC 2000. SECTION 9: That Chapter 7, Buildings and Building Regulations of the City of McHenry Municipal Code be amended by adding ARTICLE XVI L INTERNATIONAL ENERGY CONSERVATION CODE 2000 ADOPTED as follows: Section 7-250 The INTERNATIONAL ENERGY CONSERVATION CODE, 2000 as published by the INTERNATIONAL CODE COUNCIL is hereby adopted as the ENERGY CONSERVATION CODE of the City of McHenry, for the control of buildings and structures as herein provided, subject to the following amendments: (1) Insert "the City of McHenry" in Section 10 1. 1 (2) In Chapter 9 REFERENCED STANDARDS: ICC, delete references to IPC-2000 and EC 2000. SECTION 10: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 11: All ordinances or parts thereof in conflict are hereby repealed to the extend of such conflict. SECTION 12: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Voting Nay: NONE Not Voting: NONE Abstaining: NONE Absent: NONE Passed and approved this 7 h day of August, 2006. APPROVED:J' �4-- X Mayor ATTEST: ity Cler