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HomeMy WebLinkAboutOrdinances - MC-17-1148 - 04/17/2017 - Chapter 7 Buildings and Building RegulationsORDINANCE NO. MC-17-1148 An Ordinance Amending City of McHenry Municipal Code Chapter 7, Buildings and Building Regulations 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. WHEREAS, the City of McHenry Building Codes are updated, as necessary to keep up with technology, construction, and public safety innovations. The most recent update of the Code was adopted in 2013. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That Chapter 7, Building and Building Regulations of the City of McHenry Municipal Code, shall be amended as follows: A. Delete Article III in its entirety and replace with the following: ARTICLE III. INTERNATIONAL BUILDING CODE/2015 ADOPTED (MC-00-756; MC-06-895; MC-11-1027; MC-13-1084) Sec. 7-51 Building and structures, other than one or two family dwellings. Certain document copies of which are on file with the Community Development Department of the City of McHenry, Illinois, being marked and designated `International Building Code/2015' and annual supplements thereto, as published by the International Code Council (ICC), be and is hereby adopted for the control buildings 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/2015,' 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: (1) Delete all references to the 2015 edition of the International Plumbing Code and insert Illinois State Plumbing Code. (2) Delete all references to the 2015 edition of the International Electric Code and insert 2014 edition of the National Electric Code. (3) Delete all references to the 2015 edition of the International Energy Conservation Code and insert the currently adopted and mended Illinois State Energy Conservation Code. (4) Insert the City of McHenry in the second line of Section 10 1. 1 on page 1 of the Code. (5) Delete Sections 105.1.1 Annual Permits and 105.1.2 Annual Permit Records and 105.2 Work Exempt from Permit. (6) Delete Section 105.2.3 (7) Section 114.4 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 $25.00 nor more than $750.00. Each day that a violation continues shall be deemed a separate offense." (8) Section 115.3 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 $50.00 nor more than $500.00. Each day that a violation continues shall be deemed a separate offense." (9) Delete the provisions of Code Sections 113.1 through 113.3 inclusive; insert Section 113.1 which shall read as follows: "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." (10) Insert "City of McHenry" in Section 1612.3 and "November 16, 2006". (11) Add new section 107.6 of the International Building Code (IBC), stating "Landmark Commission approval required prior to demolition". (12) Section 111.2 of the International Building Code (IBC), Certificate Issued, delete line 5 starting with "that contains the following" to the end of Section 111.3. (13) Appendix B — Board of Appeals, Delete Section B 10 1 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." (14) Adopt Appendix — B as modified. (15) Replace Section 3001 Elevators and Conveying Systems, Section 3001 General, subparagraph 3001.2 referenced standards with the following text: "Except as otherwise provided for in this code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to Illinois Elevator Safety Rules and ASCE 24 for construction in flood hazard areas established in Section 1612.3." (MC-08-955) Secs. 7-52 — 7-60. Reserved. B. Delete Article V in its entirety and replace with the following: ARTICLE V. INTERNATIONAL FIRE CODE/2015 (MC-00-756; MC-06-895; MC-11-1027; MC-13-1084) Sec. 7-71. International Fire Code 2015 Adopted. A certain document copies of which are on file with the Community Development Department of the City of McHenry, Illinois, being marked and designated `International Fire Code/2015' and annual supplements thereto, as published by the International Code Council (ICC), be and is hereby adopted as mandated by the State of Illinois for the control buildings structures as herein provide; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Fire Code 2015,' 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: (1) Delete all references to the 2015 edition of the International Plumbing Code and replace with Illinois State Plumbing Code. (2) Delete all references to the 2015edition of the International Electric Code and replace with 2014 edition of the National Electric Code. (3) Delete all references to the2015 edition of the International Energy Conservation Code and replace with currently adopted and amended Illinois State Energy Conservation Code. (5) Insert "City of McHenry" in the second line of Section F-101.1 on page 1 of the Code. (6) Section 104.1 Add "The Building Officer is hereby referred to as the Fire Official". (7) Delete the provisions of Section 108 Board of Appeals and replace with the following: 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. (8) Section 111.4 line 5 insert "$50.00" in the less than box in line 5, and $500.00 in more than box in line 5." Secs. 7-72-7-80. Reserved. C. Delete Article VI in its entirety and replace with the following: ARTICLE VI. INTERNATIONAL FUEL GAS CODE 2015 (MC-06-895; MC-11-1027; MC-13-1084) Sec. 7-81. International Fuel Gas Code 2015 Adopted. A certain document copies of which are on file with the Community Development Department of the City of McHenry, Illinois, being marked and designated `International Fuel Gas Code 2015' and annual supplements thereto, as published by the International Code Council (ICC), be and is hereby adopted as mandated by the State of Illinois for the control buildings structures as herein provide; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Fuel Gas Code 2015,' 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: (1) Delete all references to the 2015 edition of the International Plumbing Code and replace with Illinois State Plumbing Code. (2) Delete all references to the 2015 edition of the International Electric Code and replace with the 2014 edition of the National Electric Code. (3) Delete all references to the 2015 edition of the International Energy Conservation Code and replace with the currently adopted and amended Illinois State Energy Conservation Code. (4) Insert "the City of McHenry" in Section 101.1 (5) 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 there from 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." (6) Delete Section 106.6.2 Fee Schedule and replace with the following: Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in the connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. (7) Delete Section 106.6.3 Fee Refunds and replace with the following: Refunds. The Building official is authorized to establish a refund policy. (8) Delete Section 108.4 Violation penalties and replace with the following: "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 $25.00 nor more than $750.00. Each day that a violation continues shall be deemed a separate offense." (9) Section 108.5 Stop Work Orders. Insert $50.00 in less than amount and $500.00 in more than amount." Secs. 7-82-7-90 Reserved. D. Delete Article VII in its entirety and replace with the following: ARTICLE VII. INTERNATIONAL MECHANICAL CODE 2015 (MC-00-756; MC-06-895; MC-11-1027; MC-13-1084) Sec. 7-91. International Mechanical Code 2015 Adopted. A certain document copies of which are on file with the Community Development Department of the City of McHenry, Illinois, being marked and designated `International Mechanical Code 2015' and annual supplements thereto, as published by the International Code Council (ICC), be and is hereby adopted as mandated by the State of Illinois for the control buildings structures as herein provide; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Mechanical Code 2015,' 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: (1) Delete all references to the 2015 edition of the International Plumbing Code and replace with Illinois State Plumbing Code. (2) Delete all references to the 2015 edition of the International Electric Code and replace with 2014 edition of the National Electric Code. (3) Delete all references to the 2015 edition of the International Energy Conservation Code and replace with currently adopted and amended Illinois State Energy Conservation Code. (4) Insert "City of McHenry" in the second line of Section 10 1. 1 on Page 1 of the Code. (5) Delete Section 106.5, Fees to the end of this section and replace with the following: Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in the connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. (6) Insert Section 106.5.3 Fee Refunds: Refunds. The Building official is authorized to establish a refund policy. (7) Delete Section 108.4 Violation Penalties and replace with the following: "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 $25.00 nor more than $750.00. Each day that a violation continues shall be deemed a separate offense." (8) Section 108.5 Stop work Orders, insert "$50.00" in amount box in line 13, and "$500.00" in amount box in line 14. (9) Delete the provisions of Section 109.1 through 109.7 inclusive and replace with the following: Section 109.1 Appeals. Any person aggrieved by any decision of the Building Officer may appeal there from to the City Council. Said City Council 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. Secs. 7-92-7-100. Reserved E. Delete Article VIII in its entirety and replace with the following: ARTICLE VIII INTERNATIONAL PROPERTY MAINTENANCE CODE 2015 (MC-99-750; MC-06-895; MC11-1027) Sec. 7-101 The International Property Maintenance Code 2015 Adopted A certain document, three 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 days prior to the adoption of this ordinance, being marked and designated as the International Property Maintenance Code 2015 edition, 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 Property Maintenance code 2015, 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: Delete all references to the 2015 International Plumbing Code and replace with the Illinois State Plumbing Code. Delete all references to the 2015 edition of the International Energy Conservation Code and replace with the edition of the International Energy Conservation Code as mandated by the State of Illinois. Delete all references to the 2015 International Electric Code and replace with the 2014 National Electric Code. Delete the following text from Section [F] 304.3 "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)." Delete all references to the International Zoning Code and replace with the City of McHenry Zoning Ordinance. Insert "the City of McHenry" in Section 101.1. Delete Section 103.1 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". Delete Section 103.5 Fees and replace with the following: Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in the connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. In Section 111.1 delete Board of Appeals and replace with City Council. In Section 111.2 delete entire section thru and including Section 111.2.5. Delete Section 111.3. In Section 111.4 delete entire last sentence Delete Section 111.4.1. Delete Section 111.5. Delete Section 111.7. In Section 112.4 insert $50.00 in not less than and $500.00 in not more than. Add Section 302.2.1 Sump Pump and Gutters: All sump pump and gutters from all buildings shall be connected to a storm sewer, provided an existing storm sewer is adjacent to or within the boundaries of the property where the building is located. If no storm sewer exists, the sump pump and/or roof gutter shall discharge not less than five feet beyond the building but no more than ten feet from the building. Discharge shall not terminate within 10 feet of any property line. In no case shall the discharge cause a nuisance to adjoining properties. The termination distance may be extended upon the approval of the Code Official. In Section 302.4 insert "eight (8) inches". Insert Section 303.3 Maintenance. Pools and spas and related mechanical, electrical and plumbing systems, both existing and new, and parts thereof shall be maintained in proper operation condition in accordance with the original design in a safe and sanitary condition. Devices or safeguards that are required by this code shall be maintained in compliance with the edition of the code under which they were installed. The owner or owner's authorized agent shall be responsible for maintenance of systems. To determine compliance with this provision, the code official shall have the authority to require any system to be re -inspected. In Section 303.14 insert "April 1st to November 15th". In Section 303.2 Enclosures delete "containing more than 24 inches" and replace with "is capable of holding 24 inches or more." Add Section 308.3.3 Trash Enclosures: All multi -family, commercial and/or industrial buildings utilizing exterior storage for refuse containers shall construct and maintain screened trash enclosures. Exterior refuse containers shall be enclosed behind a permanent, opaque enclosure constructed of wood, metal, masonry, or other appropriate material authorized by the building official. Such enclosures shall extend from the ground level to two feet above the top of the highest container and shall be equipped with access gates. The gates shall be equipped with an inside release to preclude child entrapment. Access walls and gates shall be maintained plumb and in good repair. Insert Section 506.4 "Cross connection of sanitary and storm sewers shall not be permitted" In Section 602.3 insert September 15th to June 1 st In Section 602.4 insert "September 15th to June lst" Insert Section 705 Carbon Monoxide Detector. Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. The installation, placement and maintenance of Carbon monoxide detectors shall comply with the state of Illinois Carbon Monoxide Alarm Detector Act. Secs. 7-102-7-110 Reserved. F. Delete Article IX in its entirety and replace with the following: ARTICLE IX INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS 2015 (MC-00-756; MC-06-895; MC-11-1027; MC-13-1084) Sec. 7-111 International Residential Code for One and Two Family Dwellings 2015 Adopted A certain document copies of which are on file with the Community Development Department of the City of McHenry, Illinois, being marked and designated `International Residential Code for One and Two Family Dwellings 09' and annual supplements thereto, as published by the International Code Council (ICC), be and is hereby adopted as mandated by the State of Illinois for the control buildings structures as herein provide; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Residential Code for One and Two Family Dwellings ,2015 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: 2/14 (1) Delete all references to the 2015 edition of the International Plumbing Code and replace with Illinois State Plumbing Code. (2) Delete all references to the-2014 edition of the International Electric Code and replace with 2014 edition of the National Electric Code. (3) Delete all references to the 2015 edition of the International Energy Conservation Code and replace with the currently adopted and amended Illinois State Energy Conservation Code. (1) Add climatic and geographic design criteria to Table R301.2 (1) (Needed to complete code section.) Ground Snow Wind Design Seismic Design Subject to Damage From Speed Topographic Wind- Weathering Frost Termite Load (mph) Effects borne Category Line debris Depth zone 25 90 Gust 70 Sustained No B Severe 42" Med- High Winter Design Ice Barrier Flood Hazards Air Freezing Mean Air Temp Temp Underlayment index (Fahrenheit) (Fahrenheit) Required -4 Yes Nov. 16, 2006 >1000-2000 47.6 Added- wind design with Speed (mph), Special wind region and wind-borne debris zone IRC Changes to Amendments (10) Delete chapter 42 Swimming Pools (Using the NEC Article 680 Swimming Pools, Fountains, and Similar Installations, 2014) Note; Chapter 41 has been changed to chapter 42 in the 2015 IRC Delete Section 309.5 Fire Sprinklers Delete Section R313 Automatic Fire Sprinkler Systems Insert Section M1308 Pan and Drain Required • Add Require pan where a storage tank -type water heater, hot water storage tank or washing machine is installed in a location where water leakage will cause damage , there shall be installed I a pan constructed of one of the following o Galvanized steel or aluminum of not less than 0.0236 inches in thickness o Plastic not less than 0.-36 inches in thickness o Other approved materials o A plastic pan shall not be installed beneath a gas fired water heater Pan size and drain: The pan shall be not less than 1 1/2 inches deep and shall be of sufficient size and shape to receive dripping or condensate from the tank, or water heater. The pan shall be drained by an indirect waste pipe of not less than 3/4 inch diameter. Piping for safety pan drains shall be of those materials indicated in IPC. Secs. 7-112 - 7-120. Reserved G. Delete Article X in its entirety and replace with the following: ARTICLE X NATIONAL ELECTRIC CODE 2014 EDITION NFPA 70 (MC-00-756; MC-06-895; MC-11-1027; MC-13-1084) Sec. 7-121 Electrical Commission established; membership. Deleted in its entirety. (MC-13- 1068) Sec. 7-122. Duties of Commission. Deleted in its entirety. (MC-13-1068) Sec. 7-123. Permit, compliance required. No electric wiring for light, heat or power shall be installed, altered or extended in any buildings, structures, or developments regulated by this Chapter except in conformity with the provisions of this Article and such rules as may be adopted and promulgated by the Building Officer under the provisions of this Article, and after receiving a permit. Sec. 7-124. Adoption of National Electrical Code. (MC-00-756; MC-06-895; MC-11-1027; MC-13-1084) A certain document copies of which are on file with the Community and Economic Development Department of the City of McHenry, Illinois, being marked and designated `The National Electric Code,' 2014 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 Electric Code and amendments thereto are in conflict with the provisions of the followings sections of this article, or such amendments thereof as the City may hereafter adopt, such sections and amendments shall control." Sec. 7-125. Electrical service, wiring and grounding. (MC-06-895) 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 thin wall (EMT) conduit. (b) Detached single-family residence and associated accessory structures service shall be in rigid, IMC or in thin wall (EMT) metal conduit. All interior wiring in single-family residences shall be in BX or in thin wall (EMT) conduit or shall be grounded NM cable. (c) 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 2 ground rods, 8 feet in length, located on opposite corners. (d) All lighting fixtures located above tubs and showers shall be ground fault interrupter (GFI) protected. (MC-03-829) (e) Wiring for dining rooms, kitchens, laundries and utility rooms in all residences shall not be smaller than No. 12 AWG wire and no 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. f) 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. (g) Meter sockets on new single-family construction shall be located on the side of the house closest to the source. Sec. 7-126. Establishment, composition, etc., Electrical Inspection Department There is hereby established an Electrical Inspection Department for the regulation of the installation, alteration and use of all electrical wiring, apparatus and equipment as provided in this Article. Such Electrical Inspection Department shall consist of the Electrical Inspector and such other employees as may, from time to time, be provided for by the City Council, and shall be a division of the Community Development Department, under the supervision of such Department. Such Electrical Inspector shall be charged with the duty of enforcing the provisions of the rules and regulations relating to the installation, alteration and use of electrical equipment, as provided for in this Article, and shall function under the immediate supervision and control of the Director. Sec. 7-127. Building Inspector to act as Electrical Inspector. The Building Inspector shall act as the Electrical Inspector and shall have all of the powers and perform all of the duties connected with that office. Sec. 7-128. Rough -in inspections. (a) No electrical installation or alteration shall be covered up or concealed before the electrical wiring, equipment and apparatus has been inspected and approved by the Electrical Inspector. (b) Whenever an electrical installation or alteration is ready for a rough -in inspection, a request for such inspection shall be made to the Community Development Department at least one full work day in advance thereof. The rough -in inspection shall be made as soon thereafter as it is practical for the Department to do so. Any electrical installation or alteration which has been concealed or covered up in violation of the provisions of this Section shall be completely opened up and uncovered by the owner of the premises upon the request of the Electrical Inspector. In addition thereto, the initial failure to have any electrical installation or alteration uncovered or opened for inspection shall be punishable by the payment of the fine provided for in Section 7- 42. Sec. 7-129. Final inspections and certificates of approval. (a) It shall be unlawful for any person to turn on electrical power into any electrical wire or apparatus for temporary or for permanent electrical service, unless a certificate of approval has first been issued for such purpose by the Community Development Department. (b) When temporary or permanent electrical service is desired, it shall be the responsibility of the electrical contractor or other installer performing the electrical work to make a request to the Department for an inspection of the electrical work, such request to be at least one full working day in advance of the requested inspection. No certificate of approval for such temporary or permanent electrical service shall be issued until after the Department has completely inspected the electrical work and until such inspection discloses that the provisions and requirements of this Article have been fully complied with. (c) Certificates of approval shall be issued by the department. A copy thereof shall be retained as part of the records of the Department. No electric utility company shall energize any temporary or permanent electric service until it has received a copy of the aforesaid certificate of approval. Sec. 7-130. Annual inspections. The electrical installations in all buildings and structures located in areas that are zoned for industrial, commercial, office or multi -family dwelling (where the dwelling consists of more than two (2) units) uses shall be subject to annual re -inspections by the Electrical Inspector. Changes and alterations in the electrical installations may be ordered by the Electrical Inspector as a consequence of such annual inspection, where the public safety requires. Written notice of such changes or alterations shall be given to the owner of the premises by the Community Development Department, and such changes or alterations shall be made within 30 days after such written notice is given. The Community Development Department shall have the power to cause the current in any wire or conductor to be turned off wherever this becomes necessary, in its judgment, for the protection of life, limb or property. All changes and alterations made pursuant to such notice shall be inspected and approved by the Community Development Department. Sec. 7-131. Licensing and registration of electrical contractors. All persons, including electrical contractors as defined herein, engaged in the business of installing or altering electric equipment shall hold a valid electric license/registration from a community in the State of Illinois, or master electrician license from the State of Wisconsin. (MC-13-1068) Secs. 7-132 — 7-140. Reserved. ARTICLE XIX INTERNATIONAL EXISTING BUILDING CODE 2015 EDITION 1. Add City of McHenry to "Name of Jurisdiction" online two in section 101.1. 2. Delete section 105.1.1 Annual Permit. 3. Delete section 105.1.2 Delete annual permit report. 4. Delete Section 106.3.3 Phased approval 5. Section 110.2 Certificate Issued; delete line 5 starting with "that contains the following" to the end of Section 110.2. 6. Board of Appeals, Delete Section 112 and insert the following: Board of 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." 7. Delete all references to the 2015 edition of the International Plumbing Code and insert Illinois State Plumbing Code. 8. Delete all references to the 2015 edition of the International Electric Code and insert 2014 edition of the National Electric Code. 9. Delete all references to the 2015 edition of the International Energy Conservation Code and insert the currently adopted and mended Illinois State Energy Conservation Code. Section 1401.2 Insert date of adoption of the 2015 edition of the International Existing Structure Code. ARTICLE XX INTERNATIONAL SWIMMING POOL AND SPA CODE/2015 A Certain document copies of which are on file with the Community Development Department of the City of McHenry, Illinois, being marked and designated `International Swimming Pool and Spa Code 2015' and annual supplements thereto, as published by the International Code Council (ICC), be and is hereby adopted as mandated by the State of Illinois for the control buildings structures as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of the `International Swimming Pool and Spa Code 2015,' 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: (1) Add City of McHenry to "Name of Jurisdiction" on line two in section 101.1. (2) Board of Appeals, delete Section 108 and insert the following: Board of Appeals. Any person aggrieved by any decision of the Building Officer may appeal there from 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. (3) Delete all references to the 2015 edition of the International Plumbing Code and insert Illinois State Plumbing Code. (4) Delete all references to the 2015 edition of the International Electric Code and insert 2014 edition of the National Electric Code. (5) Delete all references to the 2015 edition of the International Energy Conservation Code and insert the currently adopted and mended Illinois State Energy Conservation Code. (6) Section 1401.2 Insert date of adoption of the 2015 edition of the International Swimming Pool and Spa Code. (8) Chapter 2 - DEFINITIONS: Residential Swimming Pool, A pool intended for use which is accessory to a residential setting and available only to the household and its guests. Capable of holding 24 inches of water or more, all other pools shall be considered public pools for purposes of this code. (9) Section 305.1 Exceptions: #2 (Delete entirely) Allowing powered pool safety cover complying with ASTM F 1346 to be used as a protective barrier. (IO)Section 305.5 (1) Delete from second last line to end of section following 305.2. "and the pool manufacturer allows the wall to serve as a barrier." SECTION 2: 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 3: All ordinances or parts thereof in conflict are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Passed and Approved this 17 day of APRIL 2017. Voting Aye: CONDON, DEVINE, WIMMER, CURRY, SCHAEFER, GLAD, SANTi Voting Nay: NONE Not Voting: NONE Abstaining: NONE Absent: NONE 1 � Y ea Mayor ATTEST: