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HomeMy WebLinkAboutOrdinances - MC-13-1066 - 04/15/2013 - DELETE MC CH 22 SWIMMING POOLS AND AMEND CH 7 BUILDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. MC-13-1066 An Ordinance Deleting City of McHenry Municipal Code Chapter 22 Swimming Pools and Amending Chapter 7, Buildings and Building Regulations, Various Sections WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, 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 Section 7-3 Permit fees established, penalty fee of the City of McHenry Municipal Code is hereby amended by adding thereto the following language to number 16. "D Storable Swimming Pool $30." SECTION 2: That Chapter 22 Swimming Pools of the City of McHenry Municipal Code is hereby deleted in its entirety. SECTION 3: That Chapter Seven Buildings and Building Regulations of the City of McHenry Municipal Code Article III International Building Code/2006 Adopted is hereby amended by deleting therefrom Section 7-51 Buildings and structures, other than one or two family dwellings number 17, consisting of the following language. "(17) Delete International Building Code (IBC) Section 3109, Swimming Pool Enclosures, and replace with 'See Chapter 22, Swimming Pools of the City of McHenry Municipal Code.'" And replacing it with the following language: "(17) Delete "contains" in the definition of swimming pool and replace with "is capable of holding." Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 4: That Chapter Seven Buildings and Building Regulations of the City of McHenry Municipal Code Article VIII International Property Maintenance Code 2009 Adopted is hereby amended by deleting therefrom Section 7-101 The International Property Maintenance Code 2009 Adopted number 22, consisting of the following language, in its entirety. "(22) In Section 303.2 Enclosures. Delete text and replace with Sec. 22-20 Barriers and Fences of the Municipal Code." And replacing with the following language: "(22) In Section 303.2 Enclosures delete "containing more than 24 inches" and replace with "is capable of holding 24 inches or more." SECTION 5: That Chapter Seven Buildings and Building Regulations of the City of McHenry Municipal Code Article IX International Residential Code For One and Two Family Dwellings 2006 Adopted is hereby amended by deleting therefrom certain language in Section 7-111 International Residential Code For One and Two Family Dwellings 2006 Adopted number 17, consisting of the following. "...and Appendix G Swimming Pools, Spas and Hot Tubs. Replace with 'see Chapter 22 of the McHenry Municipal Code, Swimming Pools."' SECTION 6: 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 7: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 9: This Ordinance shall be in full force and effect after its passage and publication in pamphlet form as provided by law. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us PASSED THIS 15TH DAY OF APRIL, 2013. AYES: SANTI, GLAB, WIMMER, CONDON NAYS: SCHAEFER, BLAKE ABSTAINED: NONE ABSENT: PETERSON NOT VOTING: NONE APPROVED THIS 15T" DAY OF APRIL, 2013. ATTEST: CITY C RK