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O-14-21VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -21 AN ORDINANCE ADOPTING THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATION FIRE CODE AND INTERNATIONAL POOL AND SPA CODE Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6thday of October 2014. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 92 6th day of October , 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -21 AN ORDINANCE ADOPTING THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL FIRE CODE AND INTERNATIONAL POOL AND SPA CODE WHEREAS, three (3) copies each of the 2012 Editions of the International Building Code, the International Residential Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code the International Energy Conservation Code, the International Property Maintenance Code, the International Fire Code and the International Pool and Spa Code, as published by the International Code Council, Inc. (the "2012 Codes "), have been on file in the office of the Village Clerk for more than thirty (30) days; and, WHEREAS, the Village of Deerfield has identified the proposed adoption of the 2012 Codes to the Illinois Capital Development Board. Division of Building Codes and Regulations, thirty (30) days prior to their adoption as required by Section 1 -2 -3.1 of the Illinois Municipal Code (65 ILCS 5/1- 2 -3.1); and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that adoption of the 2012 Codes, as provided in this Ordinance, is in the best interests of the Village of Deerfield and will serve and promote public health, safety and welfare; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the 2012 Codes hereby adopted shall be effective as of January 1, 2015; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION l: That the above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That the 2012 Editions of the International Building Code, the International Residential Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code the International Energy Conservation Code, the International Property Maintenance Code, the International Fire Code and the International Pool and Spa Code, as published by the International Code Council, Inc., be and the same are hereby adopted by reference for the control of the condition, construction, maintenance and occupancy of all property, buildings and structures as therein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said 2012 Codes are hereby adopted and made a part hereof by this reference as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Sections 2, 3 and 4 of this Ordinance. SECTION 3: That paragraph Section 6 -2, entitled "Adoption of National Building Codes and Modifications ", of the Municipal Code of the Village of Deerfield is hereby amended to read as follows (additions are indicated by underscoring and deletions are indicated by strik through markings): g ): 6 -2 Adoption of National Building Codes and Modifications: The erection, repair or alteration of all structures not regulated or excepted by other provisions of this Chapter shall be in compliance with the provisions of the following codes, which are adopted by reference and incorporated as if fully set forth herein, with the modifications provided herein: -2- (a) The 2806 2012 Edition of the International Building Code, as published by the International Code Council, Inc., with the following modifications: (1) Section 101.1. Insert: Village of Deerfield. (2) Section 1612.3. Insert: Village of Deerfield. (3) Section 1612.3. Insert: Neve` ber 1 6 2006 September 18, 2013 (4) Section RI 12.3 Qualifications is amended to read as follows: The Board of Building Appeals, established in Section 2 -136 of the Municipal Code of the Village of Deerfield, shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the Village of Deerfield. (b) The 2906 2012 Edition of the International Residential Code, as published by the International Code Council, Inc., with the following modifications: (1) Section RIO]. 1 Insert: The Village of Deerfield. (2) Table R301.2(1) Insert: Ground Snow Load = 25, Wind Speed = 90, Seismic Design Category = A, Weathering = Severe; Frost Line Depth = 42 inches, Termites = Moderate, Air Freezing Index = 1687, Mean Annual Temp = 48 3 Section R313 Automatic Fire Sprinkler Systems: Deleted.. (c) The 2906 2012 Edition of the International Energy Conservation Code, as published by the International Code Council, Inc., with the following modifications: None. (d) The 2906 2012 Edition of the International Mechanical Code, as published by the International Code Council, Inc., with the following modifications: (1) Section 101.1 Insert: Village of Deerfield. (2) Section 108.4. Insert: Any person violating any provision of this Code shall be fined not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate offence shall be deemed committed each day during or on which a violation occurs or continues. (3) Section 108.5. Insert: Any person continuing to work in violation of a stop work order shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate -3- offense shall be deemed committed each day during or on which such person works or continues to work in violation of a stop work order. (e) The 2986 2012 Edition of the International Fuel Gas Code, as published by the International Code Council, Inc., with the following modifications: (1) Section 10 1. 1 Insert: The Village of Deerfield. (2) Section 106.5.2 Insert: As specified in the Deerfield Municipal Code. (3) Section 108.4. Insert: Any person violating any provision of this Code shall be fined not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate offence shall be deemed committed each day during or on which a violation occurs or continues. (3) Section 108.5. Insert: Any person continuing to work in violation of a stop work order shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate offense shall be deemed committed each day during or on which such person works or continues to work in violation of a stop work order. (f) The 2006 2012 Edition of the International Fire Code, as published by the International Code Council, Inc., with the following modifications: (1) Section 101.1. Insert: The Village of Deerfield. (2) Section 109.3. is amended to read as follows: Any person violating any provision of this Code shall be fined not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. (3) Section 111.4. is amended to read as follows: Any person continuing to work in violation of a stop work order shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate offense shall be deemed committed each day during or on which such person works or continues to work in violation of a stop work order. (4) Section 3204.3.1.1 (limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): within the corporate limits of the Village, with the following exceptions: 0 (i) In the Office, Research and Restricted Industrial District when authorized by the Director of Community Development; (ii) In the Limited Industrial District when authorized by the Director of Community Development. (5) Section 3404.2.9.5.2 (limits in which the storage of Class I and Class It liquids in above - ground tanks outside of buildings is prohibited): within the corporate limits of the Village. (6) Section 3406.2.4.4 (limits in which the storage of Class I and Class II liquids in above - ground tanks is prohibited): within the corporate limits of the Village. (7) Section 3804.2 (limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): within the corporate limits of the Village. (g) The 2012 Edition of the International Pool and Spa Code as published by the International Code Council. Inc SECTION 4: That paragraph (a) of Section 16 -1 ( "Plumbing Code Adopted ") of Chapter 16 (Plumbing and Sewers) the Municipal Code of the Village of Deerfield is hereby amended to read as follows (additions are indicated by underscoring and deletions are indicated by strikethrough markings): Section 16 -1. 2006 2012 Edition of International Plumbing Code Adopted. (a) The 2906 2012 Edition of the International Plumbing Code, as published by the International Code Council, Inc., is hereby adopted to establish rules and regulations for the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement. addition to, use or maintenance of plumbing systems in the Village of Deerfield and providing for the issuance of permits and collection of fees therefore, with the following modifications: (1) Section 101.1 Insert: The Village of Deerfield. (2) Section 106.6.2 Insert: As specified in the Municipal Code. (3) Section 108.4 Insert: Any person violating any provision of this Code shall be fined not less than Fifty Dollars ($50.00) nor more than One Thousand -5- Dollars ($1,000.00) for each offense. A separate offence shall be deemed committed each day during or on which a violation occurs or continues. (4) Section 108.5 Insert: Any person continuing to work in violation of a stop work order shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate offense shall be deemed committed each day during or on which such person works or continues to work in violation of a stop work order. (5) Section 305.6.1 Insert: "As determined by the Village Engineer" in two locations. (6) Section 904.1 Insert: 12 INCHES. SECTION 5: That Section 13 -1 ( "Property Maintenance Code ") of Chapter 13 ( "Housing ") of the Municipal Code of the Village of Deerfield is hereby amended to read as follows (additions are indicated by underscorine and deletions are indicated by strikethfaegh markings): Section 13 -1. Property Maintenance Code: The 2,0 6 2012 Edition of the International Property Maintenance Code, as published by the International Code Council, Inc., is hereby adopted by reference and incorporated as if fully set forth herein, with the following modifications: Section 13.2, Minimum Requirements, is amended to read as follows: (a) Every residential rental dwelling shall be provided with heating facilities capable of maintain a temperature of sixty -five degrees Fahrenheit (18 degrees Celsius) at a level of three feet (3 ft., 914 mm.) above the floor and a distance of three feet ( 3 ft. 914 mm.) from the exterior wall in all habitable rooms, bathrooms and toilet rooms. (b) Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitory or guest rooms on terms, either expressed or implied, to furnish heat to the occupants, shall supply sufficient heat during the period from September I to May 1 to maintain a room temperature of not less than sixty -five degrees Fahrenheit (18 degrees Celsius) in all habitable rooms, bathrooms and toilet rooms during the hours between six thirty o'clock (6:30) a.m. and ten thirty o'clock (10:30) p.m. of each day, and not less than sixty degrees Fahrenheit (08 degrees Celsius) during other hours. This temperature M shall be measured at a point three feet (3 ft., 914 mm.) above the floor and three feet (3 ft. 914 mm.) from the exterior wall. When the outdoor temperature is blow the outdoor design temperature required for this locality, the owner or operator shall not be required to maintain the minimum room temperatures, provided the heating system is operating at full capacity, with supply valves and dampers in a full open position. A failure to maintain the minimum indoor temperatures as required by this Section swill render a residential rental dwelling unfit for human occupancy until enough heat can be supplied. Section 111.1 (Application for Appeal) is amended to read as follows: Any person directly affected by a decision of the code official or a notice or order issued under this code, or under section 6 -25 of the Deerfield municipal code, as amended, shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within twenty (20) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code, or of sections 6 -23 through 6 -25A of the Deerfield municipal code, or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code or such sections do not fully apply, or the requirements of this code or such sections are adequately satisfied by other means. Section 602. Omitted. SECTION 6: That nothing in this Ordinance or in the 2012 Codes hereby adopted shall be construed to affect any suit or proceeding pending in any court, any rights acquired, any liability incurred, or any cause or causes of action acquired or existing, under any code or ordinance hereby amended or repealed as cited in Sections 2, 3 or 4 of this Ordinance, nor shall any just or legal right or remedy vested as of the effective date of this Ordinance be lost, impaired or affected by this Ordinance. SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the 7- intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. 2015. SECTION 8: Each of the 2012 Codes hereby adopted shall be effective as of January 1, SECTION 9: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 6th day of October 2014. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this ATTEST: Village Clerk 6th day of October In Village resident 2014.