Pekin
Administration Economic Development City Clerk Community Development Fire Department Inspections Police Department Public Services Public Works New Movers

City of Pekin Home

Upcoming Events

 

Title 7 Building Codes

 

Building Codes

1

    Building Codes

1a

    One and Two Family Dwelling Code

1b

    Plumbing Code

1c

    Electrical Code

1d

    Property Maintenance Code

1e

    Mechanical Code

1f

Dangerous Buildings

2

Moving Houses

3

Flood Control Regulations

4

Printable Version

CHAPTER 1

BUILDING CODES

ARTICLE A.  BUILDING CODE

SECTION:

7-1A-1:  Adoption; Affirmation of Building Code
7-1A-2:  Additions, Insertions and Changes
7-1A-3:  Construction Material Standards
7-1A-4:  Prerequisites to Building Permit Issuance
7-1A-5:  Fire Limits
7-1A-6:  Penalties


7-1A-1:  ADOPTION; AFFIRMATION OF BUILDING CODE: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Pekin, being marked and designated as "The International Building Code, 2006” and “The International Existing Building Code, 2006," as published by the International Code Council, Inc., adopted by Ordinance No. 2502 on November 27, 2006, be and is hereby affirmed as the Building Code of the City Manager Form of Government of the City of Pekin in the State of Illinois, for the control of buildings and structures as herein provided;  and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, affirmed and made a part hereof as if fully set out in this Chapter, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter.
(Ord. No. 2502 11-27-06)

7-1A-2:  ADDITIONS, INSERTIONS AND CHANGES:   That the following sections are hereby revised as follows:

 Section 101.1.  Insert:  "the City of Pekin"
 Section 108.2 Insert:

FEE SCHEDULE
A fee for each building permit shall be paid in accordance with the following schedule:
      
 0.00 to $2,000.00 $20.00
 2,001.00 to 3,000.00 30.00
 3,001.00 to 4,000.00 40.00
 4,001.00 to 5,000.00 50.00
 
Projects costing more than $5,000.00 shall be calculated at $3.00 per $1,000.00, or fraction thereof, up to and including $1,000,000.00 plus the sum of $20.00.

Projects over $1,000,000.00 shall be calculated at $3,020.00 plus $2.00 per $1,000.00, or fraction thereof, for that portion over $1,000,000.00 plus the sum of $20.00.

Building fees are based on the COMPLETED VALUE of the project as stated by the applicant, subject to the review and approval of the Building Department of the City of Pekin.

All applications for residential permits are to be accompanied by plat plan, foundation plan, floor plan, two elevations and one cross section.

All applications for commercial permits shall be accompanied by specifications and drawings bearing the seal of an architect or, if applicable, an engineer, licensed to practice in the State of Illinois.

Commercial building permit fees are based on the actual contract price of the structure, including all its components, or the value of the structure as stated by the applicant, subject to the review and approval of the Building Department of the City of Pekin.

All fees hereinabove set forth shall be doubled if work is started without a permit unless prior arrangements have been made with the Building Department of the City of Pekin.

Demolition:

The fee for a permit for the demolition of a building or structure shall be paid in accordance with the following schedule:

Single Family Residential      $40.00
Single Stall Garage and Small Utility Buildings  No charge

All other than Single Family Residential Structures will be charged $.05 per square foot, per floor, with a minimum charge of $75.00.

Insurance, bonding requirements, etc. are available at the Building Department Office.

All fees hereinabove set forth shall be doubled if work is started without a permit unless prior arrangements have been made with the Building Department of the City of Pekin.

Each re-inspection for noncompliance to the Building Code or premature inspection request:

 1st re-inspection or premature inspection request   Free
 2nd re-inspection or premature inspection request   $ 25.00
 3rd re-inspection or premature inspection request   $ 50.00
 4th re-inspection or premature inspection request   $ 100.00

Section 113.4:  Insert at end:  "shall be guilty of a violation of this Ordinance punishable by a fine of not less than $100.00 and not more than $500.00.  Upon a second or subsequent violation the fine shall be not less than $500.00 nor more than $1,000.00.  Each day that a violation continues shall be deemed a separate offense." In place of “shall be subject to penalties as prescribed by law”.

Section 114.3:  Insert at end: “shall be subject to penalties as follows, first violation: "$100.00"; second violation:  "$500.00 and upon a third or subsequent violation the fine shall be not less than $300.00 nor more than $500.00.  Each day that a violation continues shall be deemed a separate offense."   In place of shall be subject to penalties as prescribed by law”.

Section 3410.2:  Insert:  April 25, 1963
(Ord. No. 2366 3/08/04)

7-1A-3:  CONSTRUCTION MATERIAL STANDARDS

A. Purpose:  In the interest of securing the public health, safety, and welfare and to protect and preserve the community from fire loss, the provisions of this article shall apply to all properties located within the zones established hereunder.

B. Definitions:  Construction means new construction of a building or structure, or 50% or over renovation or remodeling of an existing building or structure.

C. Construction Standards:   Any construction, as herein defined, shall comply with the following building material requirements:

1.  Exterior walls shall be constructed of materials that will provide a minimum of a 2-hour fire rating,

2.  All interior framing materials shall be of masonry, metal or fire retardant treated wood,

3.  The roof system shall be of concrete, masonry, steel or fire retardant treated wood. 

D. Establishment of Zones: The foregoing building material construction requirements shall apply in all B-1, B-2, B-3, I-1 and I-2 Zoning Classifications.

E. Enforcement:   The Code Enforcement Officer and Inspections Department of the City shall enforce this article.  No plans shall be approved or a building permit issued that do not meet the provisions of this article.  The Code Enforcement Officer shall issue a Stop Work Order any construction practice or work that violates this article.  The matter shall also be referred to the City Attorney for such legal action as may be appropriate. (Ord. No. 2366 3/08/04)

7-1A-4:  PREREQUISITES TO BUILDING PERMIT ISSUANCE:  No City Official shall issue a building permit to any person unless such person has obtained all other required permits for the project, has paid the required sewer tap fee and has complied with the provisions of Article 7-1A-3, above.  If the project is financed through a lending or other similar institution approved by the Corporation Counsel, then such a permit may be issued under such regulations and conditions as the Corporation Counsel may prescribe.

7-1A-5:  FIRE LIMITS:  The fire limits of the City shall consist of all that portion of the City within the following limits:

Beginning at the intersection of Broadway Street and the Illinois River, thence northerly along the shore line of said Illinois River to its intersection with the center line of the Peoria and Eastern and the A.T. and Santa Fe Railroad property, thence easterly along the center line of said Railroad right of way to its intersection with the center line of North Eighth Street, thence southerly along the center line of North Eighth to its intersection with the center line of Hillyer Street, thence westerly along the center line of Hillyer Street to its intersection with the center line of South Sixth Street, thence northerly along the center line of South Sixth Street to its intersection with the center line of Broadway Street, thence westerly along the center line of Broadway Street to the place of its beginning.

Any part or portion of the Building Code hereby adopted as part of this Article in conflict with this Section is amended to comply herewith.

7-1A-6:  PENALTIES:  Any person violating any provision of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 1

BUILDING CODES

ARTICLE B.  ONE AND TWO FAMILY DWELLING CODE

SECTION:

7-1B-1: Code Adopted; Amendments

7-1B-1:  CODE ADOPTED; AMENDMENTS:  A certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as " International Residential Code for One and Two Family Dwelling, 2003 Edition", and all other supplements as they are published hereafter, excluding, however, therefrom Chapters 25 through 32 and Appendices F & I thereof, be and is hereby adopted as the One and Two Family Dwelling Code of the City, for the control of buildings and structures as provided therein and each and all of the regulations, provisions, penalties, conditions and terms of the One and Two Family Dwelling Code, with the exception of Chapters 25 through 32 and Appendices F & I thereof, are hereby referred to, adopted and made a part hereof as if fully set out in this Article, including the following changes and additions:

Section R101.1: Insert City of Pekin

Chapter 1, Section R-104.1 (page 1) the first sentence shall read as follows:

"Section R-104 -- Authority.  The Code Enforcement Officer of the City of Pekin and the various inspectors under his supervision are hereby authorized and directed to administer and enforce all of the provisions of this code and there is hereby conferred upon them the general powers so to do".

Chapter 1, R105.2 - Work exempt from permit.  The following items shall be removed: Under Building - 1, 2, & 5; Under Mechanical - 4

Chapter 1, Section R113.4 (page 2) shall read as follows:

" R113.4 Violation Penalties:  Any person, firm or corporation violating any of the provisions of this code shall be guilty of a violation of this ordinance and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not less than $100.00 nor more than $500.00 and for a second or subsequent offense shall be punished by a fine of not less than $300.00 nor more than $500.00".

Chapter 1, Section R108.2 (page 3) add:

"Permit fees shall be the same as those established under the City of Pekin Building Code". 
(Ord. No. 2366 3/08/04)
 
CHAPTER 1

BUILDING CODES

ARTICLE C.  PLUMBING CODE

SECTION:

7-1C-1: Affirmation of Plumbing Code
7-1C-2: Enforcing Officer
7-1C-3: Fees
7-1C-4: Permit, Fee and Bond
7-1C-5: Separate Sewers Required
7-1C-6: Plumbing Work
7-1C-7: Penalties

7-1C-1:  AFFIRMATION OF PLUMBING CODE:  Plumbing and fixtures installed in any building or structure in the City must be installed to comply with the Illinois State Plumbing Code, most recent edition (225 ILCS 320/35), as promulgated by the Illinois Department of Public Health, which said Plumbing Code, adopted by Ordinance No. 2367, March 8, 2004, is hereby affirmed as the standard of specifications for plumbing within the City.  It shall be unlawful to install any plumbing or fixtures in any structure in the City, which do not comply with the Illinois State Plumbing Code.

There shall be kept on file at all times in the office of the City Clerk a minimum of one (1) copy of the Illinois State Plumbing Code, December 1, 1998, and all future amendments thereto, and same shall be kept available for public inspection.
(Ord. No. 2367 3/08/04)

7-1C-2:  ENFORCING OFFICER:  It shall be the duty of the Plumbing and Sewer Inspector (See Section 1-7E-2 of this Code) to enforce the provisions of the Illinois State Plumbing Code in the City.

7-1C-3:  PERMITS & FEES:

A. Permit Required:  Permits shall be taken out for both installation of new plumbing service or equipment and repairs to or replacement of existing plumbing systems.  Permits must be obtained before work is started, and said permits required under this Plumbing Code shall be issued by the Inspection Department.

B. Fees Established:  A fee of ten dollars ($10.00) shall be charged for each plumbing permit, plus:
 (Ord. No. 2367 3/08/04)

1.  A charge of six dollars ($6.00) for each opening; an opening being defined as all openings left for waste, vent pipes, whether fixtures are set or not, and including floor drains.

2.  A fee of six dollars ($6.00) for each inspection with a minimum of three (3) inspections.

3.  On all sprinkler systems, there shall be a charge of fifteen dollars ($15.00) for each back flow prevention device, plus a flat fee of twenty-five dollars ($25.00) for the inspection.
 
4.  A fee of ten dollars ($10.00) for each water heater, fixture or faucet replacement.

5.  A fee of fifteen dollars ($15.00) for each water line service.

6. All fees hereinabove set forth shall be doubled if work is started without having obtained a permit unless prior arrangements have been made with the City Building Department. 

7. Each re-inspection for noncompliance to the Building Code or premature inspection request:

 1st re-inspection or premature inspection request   Free
 2nd re-inspection or premature inspection request   $15.00
 3rd re-inspection or premature inspection request  $30.00
 4th re-inspection or premature inspection request  $50.00

C. Payment of Fees:  All fees provided herein shall be paid at the time of the issuance of the permit, and no permit shall be issue unless and until said fees are paid, and no person shall be entitled to any permit hereunder in the event that he is delinquent to the City in the payment of any fees.

D. Collection of Fees:  Reports:  It shall be the duty of the enforcing officer to collect all fees as provided by this Section and to remit the same monthly, along with a report of the amounts received, including the date of receipt and the name of the payer, to the City Clerk.

E. Nothing in this Section shall be deemed to be an amendment of or repeal to the provisions of any provisions relative to the sewer connections in the public streets or alleys. 

7-1C-4:  PERMIT, FEE AND BOND: 

A. Each permit applicant shall provide copies of their State of Illinois issued license and a copy of their Plumbing Contractor Registration to the Inspection Department annually.

B. Any work hereinabove referred to in this section, including cleaning and rodding, in, on, or under public property shall be done only by a licensed sewer contractor.
 (Ord. No. 2367 3/8/04)

7-1C-5:  SEPARATE SEWERS REQUIRED (See also provisions of Title 4, Chapter 4 of this Code:  Every building shall be separately and independently connected with public or private sewer when such is available to the lot occupied by such structure.  The entire plumbing and drainage system of every building shall be entirely separate and independent from that of any other building except where there are two (2) buildings on one lot, one in the rear of the other; then, if there is no sewer in the alley to which the rear building can be connected, the sewer in the front building may be extended to serve the rear building.

7-1C-6:  PLUMBING WORK:  All work done on any plumbing system shall be performed in an efficient and workmanlike manner by the homeowner or a licensed Plumbing Contractor.  A permit shall be required for new installation or replacement of any fixture, drain lines, water lines or service.

7-1C-7:  PENALTIES:  Any person violating any of the provisions of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 1

BUILDING CODES

ARTICLE D.  ELECTRICAL CODE

SECTION:

7-1D- 1: Purpose; Authority; Compliance with Provisions
7-1D- 2: Code Adopted; Affirmed
7-1D- 3: Electrical Inspector
7-1D- 4: Electrical Permits
7-1D- 5: Plans Submitted
7-1D- 6: Electrical Requirements
7-1D- 6-1: General Requirements
7-1D- 6-2: Existing Dwelling and Accessory Structures
7-1D- 6-3: Electrical Signs
7-1D- 6-4: Temporary or Construction Service
7-1D- 7: Inspections and Certificates of Approval
7-1D- 8: Fee Schedule
7-1D- 9: Authority to do Work
7-1D-10: Electrical Contractors
7-1D-10-1: Definition
7-1D-10-2: Registration Required; Application to Residents and Nonresidents
7-1D-10-3: Application for Registration; Fee
7-1D-10-4: Insurance and Bond
7-1D-10-5: Examination
7-1D-10-6: Issuance of Certificate; Expiration; Renewals; Non-transferability
7-1D-10-7: Suspension or Revocation of Certificate
7-1D-10-8: Unlawful Work by Contractor
7-1D-11: Non-liability of City
7-1D-12: Penalties


7-1D-1:  PURPOSE; AUTHORITY; COMPLIANCE WITH PROVISIONS:  This
Electrical Code is deemed necessary for the protection of health, life and property of the citizens of the City, and is adopted pursuant to the authority of the Illinois Municipal Code (65 ILCS) and Section 6 of Article VII of the Constitution of the State of Illinois, and any conflict between the Illinois Municipal Code and Section 6 of Article VII of the Constitution of the State shall be controlled by the provision of said Section 6 of Article VII of the Constitution of the State of Illinois.

Except as otherwise provided, all electrical installations shall be in conformity with the provisions of this Article.  Where no specific standards are prescribed by this Article, conformity is required with and pursuant to the latest issue of the International Building Code (See Article A of this Chapter) and the latest issue of the National Electrical Code (NFPA-70) as adopted by the City.

7-1D-2:  CODE ADOPTED; AFFIRMED:  The 2008 Edition of the National Electrical Code (NFPA-70), adopted by Ordinance No. 2574-08/09 on November 24, 2008, is hereby affirmed by the City.  One (1) copy of this Article published in book or pamphlet form and one (1) copy of the 2008 Edition of the National Electrical Code (NFPA-70) have been placed on file in the office of the City Clerk.

7-1D-3:  ELECTRICAL INSPECTOR:  The duty of enforcing the provisions of the rules and regulations relating to the installation, alteration and use of electrical equipment as herein provided for shall be under the immediate supervision and control of the Electrical Inspector.

7-1D-4:  ELECTRICAL PERMITS:

A. Permit Required:  Permits shall be taken out for both installation of new electrical service or equipment and repairs to or replacement of existing electrical system.  Permits must be obtained before work is started, and said permits required under this Electrical Code shall be issued by the Inspection Department.

B. Conditions for Permit Issuance:

1.  Any permit required by this Code may be issued to a person not so registered to do any work regulated by this Code; provided, that the applicant is the bona fide owner/occupant of the dwelling structure or accessory building in which the work is to be performed, and that he shall personally be responsible for all work performed in connection therewith, and that all material, workmanship and methods of installation or repair shall meet the requirements of this Electrical Code.

2.  Permits shall only be issued when in compliance with Sections 7-1D-1, 7-1D-2 and 7-1D-4 through 7-1D-7 of this Article.

C. Stop Work Order:  The Electrical Inspector is hereby authorized to stop any electrical work in the absence of a permit having been issued to perform such work (See also subsection 1-7E-1-4C of this Code).

7-1D-5:  PLANS SUBMITTED:  Plans must be submitted to the Electrical Inspector by architects, engineers, contractors or owners and approval of Code conformity obtained from the Inspection Department before work is started for electrical work to be done in all new commercial, institutional and industrial buildings and remodeling of same, except residences undergoing remodeling.

7-1D-6:  ELECTRICAL REQUIREMENTS:

7-1D-6-1:  GENERAL REQUIREMENTS:

A. All ground wires shall be copper conductors, and service entrance grounding shall comply with electric utility standards.

B. #12 AWG copper shall be the minimum wire size.

C. Nonmetallic (N.M.) wiring shall be #12 AWG copper with ground wire.

D. On all buildings with two (2) or more services, service entrance disconnects shall be installed on the outside of the building and shall be of the locking-in, open-position type and properly labeled to indicate the area served.

E. The minimum service installed shall not be smaller than 100 ampere with a minimum of eight (8) circuits (except where permitted by the Electrical Inspector).

F. The use of aluminum conductors for indoor wiring is prohibited.

G. Renewable type fuses are prohibited.

H. Installing contractors are required to affix a permanent label to the service panel stating their name, address and phone number and the completion date of the job.  Failure to do so will result in the disapproval of the installation.

7-1D-6-2:  EXISTING DWELLINGS AND ACCESSORY STRUCTURES:

A. Minimum Requirements:  The rewiring of existing dwellings and accessory structures shall not be approved unless such dwellings and accessory structures shall meet the following minimum requirements:

1.  One light controlled by a wall switch at each entry door of each habitable room.

2.  Two (2) duplex convenience outlets in each habitable room except unfinished basements and bath.

3.  A third duplex convenience outlet controlled by a wall switch at entry door may be installed in lieu of a ceiling fixture except in baths and kitchens.

4.  A wall or ceiling light with a self-contained switch within three feet (3') of entry door will not require a wall switch except in a kitchen and in a stairwell.

5.  Open wiring, known as knob and tube, where exposed in basements and accessory structures shall be removed except for eighteen inches (18") between junction box and partition.

6.  All convenience outlets in unfinished basements and utility areas shall be grounded.

7. Existing services smaller than 60-ampere, 120/240-volt, single-phase shall be replaced.

 8. Electric smoke detectors shall be installed in each guest room, suite or sleeping area in residential, group home occupancies and all multi-family dwellings.  Each level shall have a detector that is on the same circuit. 

Nothing within this subsection shall be construed as to limit the requirements of this Article; except, that the Electrical Inspector may determine that the above listed requirements are the minimum necessary to provide for a safe structure with regard to the structure's electrical installation.

B. Variances:  Any party who must meet the requirements of subsection A of this Section may appeal to the Electrical Commission (See Title 2, Chapter 9 of this Code) for a variance from the provisions of said subsection A or for additional time in which to comply with subsection A.  The Electrical Commission may grant such a variance or such additional time upon the presentation of evidence by the party of substantial economic hardship in cases where property and the health and safety of persons are not endangered by physical injury or damage.  A variance may also be granted with regard to subsection A2 of this Section of the petitioner submits sufficient evidence to the Commission that the property owner is not using sufficient electrical appliances so as to require additional convenience outlets where property and the health and safety of persons are not endangered by physical injury or damage.  However, no variance may be granted or additional time allowed beyond the time period for which the party requesting the variance is using the structure in question.  The Electrical Commission may delegate the power to grant variances to the Electrical Inspector.

7-1D-6-3:  ELECTRICAL SIGNS:  Signs and border lights shall be wired with No. 12 wire, and a maximum of 2,000 watts per circuit will be permitted.  Sign and festoon lighting shall originate from such points on the wiring system which will provide proper over-current protection.  An externally operated switch capable of being locked in the open position shall control all outdoor electric signs.  Transformers used outdoors shall be of the weatherproof type or shall be enclosed in the sign body or in a separate metal box.  The wires on all outdoor signs and billboards shall be encased in conduit.

7-1D-6-4:  TEMPORARY OR CONSTRUCTION SERVICE:  Where a temporary connection for light or power for building purposes must be made to a pole or timber, such pole or timber must be seasoned cedar, pine or fir of the following dimensions:

Pole circumference at ground line must not be less than twenty-one inches (21") nor less than fourteen inches (14") at top.

Timber - Four inches by six inches by sixteen feet (4" x 6" x 16')

The pole or timber must have standard wiring with a weatherproof protective device capable of being locked in an open position.

There shall be compliance with the approved specifications of the utility company.

7-1D-7:  INSPECTIONS AND CERTIFICATES OF APPROVAL:

A. Inspections and Certificates Required:

1.  Generally:  Upon the completion of the installation or alteration of electrical equipment in any building, it shall be the duty of the person installing or altering the same to notify the Electrical Inspector who shall inspect the work within forty eight (48) hours after such notice is given (Saturdays, Sundays and holidays excepted), and if such electrical equipment is found to be in compliance with this Code and does not constitute a hazard to life and property, he shall issue to the servicing utility a certificate of inspection authorizing connection to the electrical service and the turning on of the current.  All wires which are to be hidden from view shall be inspected before concealment, and any person installing such wires shall notify the Electrical Inspector, giving him forty eight (48) hours (Saturdays, Sundays and holidays excepted) in which to make the required inspection before such wires are concealed.  Notice of final acceptance of the job shall be given within forty eight (48) hours (Saturdays, Sundays and holidays excepted) after the inspection by written certificate dated and signed by the Electrical Inspector.

2.  New and Remodeled Buildings:  Inspection and certificate of approval by the Inspection Department will be required on the wiring in all new buildings or in remodeled buildings before the same will be connected to the supply lines of the local electric utility.

3.  Commercial Buildings:  There shall also be an electrical inspection of all commercially used buildings prior to change of ownership or tenants.  The owner shall be informed in writing by the Inspection Department as to the condition of the electrical wiring (safety, fire) and if found necessary to update the wiring in said building in accordance with the provision of this Code.  A fee shall be charged as listed herein (See Section 7-1D-8 of this Article.).

4.  Air Conditioning and Heating Units:  All air conditioning units and heating units installed (window units not included) shall be inspected as to conformity of this Code and the latest issue of the National Electrical Code (NFPA-70) as adopted by the City Council (See Section 7-1D-2 of this Article.).  The installer shall obtain a permit and call for an inspection.  No heating or cooling units shall be operated until approval is given by the Inspection Department.  There shall be a fee charged for such inspection according to the fees listed herein.

B. Owner or Tenant Inspections:  Dwelling owners or tenants shall have the right to call for an electrical inspection prior to change of dwellings and shall be given a report as to the condition of such electrical wiring, in writing, from the Inspection Department.  A fee shall be charged as listed herein.

C. Manufactured Homes:  If manufactured homes are to be erected within the jurisdiction of this Code, the manufacturer or his agent shall furnish to the Electrical Inspector all requested information regarding the electrical installation such as inspection reports and approval from government agencies, Federal, State and local.  All such electrical installations shall be in accordance with the standards set forth in this Code, and any additional cost for inspection of same shall be paid by the manufacturer or such other person seeking approval of same.

D. Notice of Changes; Re-inspections:  After inspection, the Inspection Department shall leave the owner or tenant a written notice of any changes or alterations as may be required, and such changes or alterations shall be made within thirty (30) days after receipt of such written notice unless, in the opinion of the Electrical Inspector, such changes should be made at once, and the Inspection Department shall re-inspect such changes as given in the written notice.  A fee shall be charged for this service according to the fees listed herein.

E. Semi-Annual Inspections:  It shall be within the authority and jurisdiction of the Electrical Commission (See Title 2, Chapter 9 of this Code) to require a semi-annual inspection of wiring used in connection with lights, air conditioning, heat or power within the jurisdiction of this Code, except family dwellings.

7-1D-8:  FEE SCHEDULE:  The Electrical Inspector shall charge for electrical permits and fees the amounts provided in the following schedule:

A. Residential Fees:

 Residential Electrical
 Permit Fee:      

 Residential Inspection Fees:

 Single-Family Dwellings     $ 43.00
 Up to 200-amp service
 Over 200 and up  to 400 amp service   $ 48.00
 Each additional 100 amperage over 400 amp.  $ 10.00

 Apartment buildings, the same fees shall apply for the same size service.

 Residential room additions without service change  $31.00

 Pools and  garages      $26.00

 Temporary Service included in building fee.

 Furnaces and air conditioners up to 4 tons,
 under subsection 7-1D-7A4.     

 Air conditioners more than 4 tons,    $26.00
 under subsection 7-1D-7A4.

 Semi-annual inspections, under    $33.00
 under subsection 7-1D-7E.

 Dwelling owners' inspections,    $128.00
 under subsection 7-1D-7B

 Temporary pole service (if permit is for temporary service only)

Each re-inspection for noncompliance to the Building Code or premature inspection request:

 1st re-inspection or premature inspection request   Free
 2nd re-inspection or premature inspection request  $15.00
 3rd re-inspection or premature inspection request   $30.00
 4th re-inspection or premature inspection request  $50.00

All fees are to be paid before permit is issued.  All fees for any classification hereinabove set forth shall be doubled if work is started without a permit unless prior arrangements have been made with the Building Department of the City.

B. Commercial Fees:

 Commercial Electrical
 Permit Fee     $ 10.00

 Commercial Inspection Fees:

 Up to $2,001.00    $43.00

 Every additional $1,000.00 or part     
 thereof shall be    $ 6.00 per $1,000.00

 Semi-annual inspection   $ 38.00
 under subsection 7-1D-7E

 Commercial inspection   $108.00
 under subsection 7-1D-7A3

 Temporary pole service   $26.00

 Wiring for Signs first $1,000.00  $24.00
 $1,001.00 to $20,000.00   $5.00 per thousand over $1,000
 over $20,000.00    $2.00 per thousand over $20,000

Each re-inspection for noncompliance to the Building Code or premature inspection request:

 1st re-inspection or premature inspection request ........Free
 2nd re-inspection or premature inspection request ...... $15.00
 3rd re-inspection or premature inspection request ....... $30.00
 4th re-inspection or premature inspection request ....... $50.00

All fees are to be paid before permit is issued.  All fees for any classification hereinabove set forth shall be doubled if work is started without a permit unless prior arrangements have been made with the Building Department of the City.

On all Commercial and industrial jobs, proof of job price shall be submitted after completion of job so that adjustments can be made in fee schedule (in case extra work was involved after issuance of initial permit).

7-1D-9:  AUTHORITY TO DO WORK:  All electrical work including, but not limited to, the installation or altering of electric equipment for the utilization of electricity supplied for light, air conditioning, heat or power in the City shall be done by a registered electrician with the exception of single-family residence dwellings which may be done by the owner/occupant thereof only.

7-1D-10:  ELECTRICAL CONTRACTORS:

7-1D-10-1:  DEFINITION:  The term "electrical contractor", as used in this Section 7-1D-10, means any person engaged in the business of installing or altering, by contract, electrical equipment for the utilization of electricity supplied for light, heat or power.  The term "electrical contractor" does not include employees employed by such contractor to do or supervise such work.  Further, the definition of an "electrical contractor" shall not include installations of radio apparatus or equipment for wireless reception of sounds and signals and not including apparatus, conductors and other equipment installed for or by public utilities including common carriers which are under the jurisdiction of the Illinois Commerce Commission for the use in their operation as public utilities.

7-1D-10-2:  REGISTRATION REQUIRED; APPLICATION TO RESIDENTS AND NONRESIDENTS:  It shall be unlawful for any person to engage in the business of electrical contractor, as defined in Section 7-1D-10-1 above, without being registered as an electrical contractor in the manner hereinafter set forth; provided, however, that if such person is already registered for the current year in any other city or village within the State of Illinois, such electrical contractor shall be registered, but not pay a registration fee for such year, in the City.

A. An electrical contractor residing in the City shall maintain a City electrical contractor's registration.

B. The City shall recognize the registration of any contractor residing in a municipality which has issuance authority of electrical contractor's registration so long as the standards under which such registration was issued are, in the opinion of the Electrical Inspector, at least as stringent as the standards required for registration in the City.  In cases where electrical contractors' registrations, they shall be required to have a City or other recognized contractor's registration.

C. In cases where any electrical contractor has applied for a City electrical contractor’s registration, be he resident or otherwise, and has failed that examination as required by Section 7-1D-5 hereof, he shall not be granted the right to contract for electrical services in the City.

D. For the purposes of this Section, a corporation shall be deemed to be a resident of that municipality wherein it maintains its principal place of business.

7-1D-10-3:  APPLICATION FOR REGISTRATION; FEE:  Any person desiring to engage in the business of electrical contracting shall fill out an application for registration to the Electrical Inspector in such form as shall be prescribed by the Electrical Commission.  Upon the filing of such application in proper form and the payment of fifty dollars ($50.00) non-refundable, the Electrical Inspector shall issue a receipt to the applicant.  Such application shall be accompanied by a satisfactory affidavit that the applicant has at least six (6) years of practical experience installing, altering, or repairing electrical equipment and electrical components of which at least two (2) years have been in a supervisory position.

The Electrical Inspector, with the approval of the Electrical Commission, may accept an application which does not meet the stated requirements if the applicant can satisfy the Electrical Commission that he or she has obtained the knowledge and experience equivalent to the above-stated requirements through other means of education and/or training.

7-1D-10-4:  INSURANCE AND BOND:  There shall be deposited with the application for a certificate of registration proof of liability insurance coverage with policy limits of not less than one hundred thousand to three hundred thousand dollars ($100,000.00/$300,000.00), which said liability insurance policy shall be so endorsed as to indemnify and save harmless the City from the result of any acts of the registered contractor by virtue of the certificate of registration issued to said contractor by the City.  In addition thereto, there shall be deposited with the application for a certificate of registration a license or permit bond signed by two (2) or more sureties or by a responsible surety company, to be approved by the Code Enforcement Officer, in the sum of ten thousand dollars ($10,000.00) conditioned to indemnify and save harmless the City from the result of the registered contractor not complying with the laws and ordinances, including all amendments thereto, pertaining to the certificate of registration and regulating the business of electrical contractor. 

7-1D-10-5:  EXAMINATION:

A. Examination Required:  Before a certificate of registration required by this Code shall be issued to an applicant by the Electrical Commission of the City, the applicant shall, following reasonable advanced notice, present himself for examination as instructed by the Electrical Inspector at the time and place set by him.  The Electrical Commission shall examine such applicant as to his practical knowledge of the installation and alteration of electrical equipment, as set forth in the rules and regulations of this Article and in the latest issue of the National Electrical Code (NFPA-70) as adopted by the City.  Such examination shall be, administered by the International Code Council Testing Facility of the applicant's choice.

B. Fees: Upon successfully passing the Exam the applicant shall pay the $100.00 dollar license fee.

C. Submission of Qualifications:  Applicants shall submit their qualifications to the City Electrical Inspector at least two (2) weeks prior to the examination date.

7-1D-10-6:  ISSUANCE OF CERTIFICATE; EXPIRATION; RENEWALS; NON-TRANSFERABILITY:  Any person who shall have filed proper application and later shall have passed satisfactory examination shall be entitled to receive a certificate of registration to do electrical wiring and engage in the business of electrical contracting in the City.

An electrical constractor license shall expire on the first day of January next following issuance, and a licensed shall be obtained before any further permits will be issued by the Electrical Inspector.  Any person having secured an electrical contractor's license of registration under the conditions set forth shall be granted a renewal of such license provided application is made on or before the expiration date of the current license to the electrical inspector by the holder of such license and upon payment of one hundred dollars ($100.00) with such renewal request.  In the event an electrical contractor allows his license to expire, a one hundred dollar ($100.00) penalty shall be imposed; provided, however, that if the license has expired for a period in excess of one year, then the applicant shall not be allowed without first having complied with the provisions of Sections 7d.-10-3 and 7d.-10-5 of this Code.

An electrical contractors license issued by the Electrical Commission shall not be loaned, rented, assigned or transferred.

Electrical Contractors Examination will be applied to current years license, if issued.  If not issued $100.00 is non-refundable.

Electrical Contractors’ Annual License $100.00

7-1D-10-7:  SUSPENSION OR REVOCATION OF CERTIFICATE:  Each and every certificate of registration may, after hearing as provided in Section 2-9-6 of this City Code, be suspended or revoked by the City Council upon recommendation of the Electrical Commission upon failure or refusal of the electrical contractor to comply with the rules and requirements of the Electrical Inspector or upon the failure of any person to comply with any of the provisions set forth herein.

7-1D-10-8:  UNLAWFUL WORK BY CONTRACTOR:  No person granted an electrical contractor license under provisions of this Code shall install, repair or perform any wiring after the expiration of the licnese shall have been suspended or revoked by the City Council as provided herein.

7-1D-11:  NON-LIABILITY OF CITY:  The inspection and control of electric wires, apparatus, poles, conduits, etc., or the granting of certificates by the Electrical Inspector shall not make the City liable on account of such control or the granting of such certificates or lessen the liability of persons owning or installing such wires, apparatus, poles, conduits, etc., as would exist in the absence of such inspection, control or issuance of such certificates. 

7-1D-12:  PENALTIES:  Any person violating any provision of this Code, the International Building Code or the National Electrical Code (NFPA-70) as adopted by the City (or any provision amending same as may hereafter be adopted) shall be, in addition to any other remedies stated herein, subject to a penalty as provided in Section 1-4-1 of this Code.  
 
CHAPTER 1

BUILDING CODES

ARTICLE E.  PROPERTY MAINTENANCE CODE

SECTION:

7-1E-1: Code Adopted; Affirmed
7-1E-2:  Amendments to Code

7-1E-1:  CODE ADOPTED; AFFIRMED: That a certain document, one (1) copy of which are on file in the office of the City Clerk, being marked and designated as "The International Property Maintenance Code, 2006," as published by the International Code Council and adopted by Ordinance No. 2506 on November 27, 2006 be and is hereby affirmed as the Property Maintenance Code of the City of Pekin in the State of Illinois, for the control of buildings and structures as herein provided;  and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code, are hereby referred to, affirmed and made a part hereof as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 7-1E-2 of this Article.

7-1E-2:  AMENDMENTS TO CODE:  The International Property Maintenance Code is amended and revised in the following respects: 

Section 101.1 Title (page 1, second line).  Insert:  "the City of Pekin, Illinois"

Section 103.6 Fees (page 2, at end of paragraph) Insert: "Schedule of Fees:  It shall be the duty of the Code Official or officer to enforce the following fees:

A. Fees Established

1. Each inspector (Building, Electrical, Plumbing, HVAC or Fire) shall charge $20.00 for each inspection.
2. All fees shall be paid before the inspection is made.
3. In the case where inspections are made on a vacant or substandard building, the City shall bill the owner of said property for all inspections.
4. In the case of non-payment for inspections made, a lien shall be filed on the property within one year of the inspection.

Section 303. 14 Insect Screens. (Page 10, lines 1 and 2) Insert: "April 1 to
November 1".

Section 602.3 Heat Supply. (Page 17, line Insert: "October 1 to April 1".

Section 602.4 Occupiable workspaces. (Page 17, line 3) Insert: "October 1 to April".

Add to the end: 
"PM-106. 4  Violation penalties: Any person, firm or corporation, who shall violate any provision of this Code shall, upon conviction thereof, be subject to a fine of not less than $100.00 nor more than $500.00;  and on a second conviction by a fine of not less than $300.00 nor more than $500.00.  Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense."

CHAPTER 1

BUILDING CODES

ARTICLE F.  MECHANICAL CODE

SECTION:

7-1F-1:  Code Adopted; Affirmed
7-1F-2:  Amendments to Code


7-1F-1:  CODE ADOPTED; AFFIRMED:  That certain documents, one (1) copy of which are on file in the office of the City Clerk and the City of Pekin Inspections Department, being marked and designated as The International Mechanical Code, including Appendix Chapter A, as published by the International Code Council, be and is hereby adopted as the code of the City of Pekin, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Pekin and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 2003, published by the International Code Council, on file in the office of the Inspection Department are hereby referred to, adopted and made part hereof as if full set out in this ordinance. 

7-1F-2:  AMENDMENTS TO CODE: the following sections are hereby revised as follows:

Section 101.1 (page 1, second line).  Insert:  "the City of Pekin, Illinois."

Section 106.5.2 (page 4, third line).  Insert:  The fees for all mechanical work shall be as indicated in the following schedule:

COMMERCIAL

 CONTRACT AMOUNT* PERMIT FEE
     $201 to 5,000        $ 40.00
    5,001 to 10,000          80.00
  10,001 to 15,000      120.00
  15,001 to 20,000      160.00 **

   
*  Contract Amount = that portion for the mechanical systems
** EACH ADDITIONAL THOUSAND OVER $20,000 TO AND INCLUDING $50,000 TO BE CALCULATED AT $7.00 PER THOUSAND.  EACH ADDITIONAL THOUSAND OVER $50,000 TO BE CALCULATED AT $5.00 PER THOUSAND.
RESIDENTIAL (1 AND 2 FAMILY)

 FOR EACH HEATING UNIT     $20.00
 FOR EACH COOLING UNIT     $20.00
 FOR COMBINATION HEATING AND COOLING UNIT $40.00
 FOR ALTERATIONS OF EXISTING INSTALLATIONS $20.00*
 ANNUAL INSPECTION FEE     $20.00

*  ALTERATIONS NOT EXCEEDING $200.00 IN COST ARE EXEMPT FROM PERMIT AND INSPECTION FEES.

All fees hereinabove set forth shall be doubled if work is started without a permit unless prior arrangements have been made with the Inspection Department.

Each re-inspection for noncompliance to the building code or premature inspection requests:

 1st re-inspection or premature inspection request  Free
 2nd re-inspection or premature inspection request $25.00
 3rd re-inspection or premature inspection request $50.00
 4th re-inspection or premature inspection request $75.00

Permit fees shall not be required for the installation of any heating, ventilating, or air conditioning unit which does not exceed 2,000 watts consumption, is a portable or window type unity, may be plugged into an electrical receptacle without the connection requiring the interfacing of electrical wiring, and which uses only factory installed wiring and plugs.

Section 107.7 shall read as follows:
107.7 Annual Inspections.  The owner or operator, as the case may be, of each unit of fuel-burning equipment, regardless of whether or not an operating certificate has previously been issued, shall submit each unit of equipment for inspection by the department of inspection services once each year to ascertain whether or not such equipment is being operated within the provisions of this Code, except that no annual inspection shall be required of furnaces or other fuel-burning equipment or devices installed to heat dwellings using less than three hundred and sixty thousand (360,000) BTU input.  The annual inspection shall not preclude other inspections by the Fire Department of the City of Pekin or the department of inspection services as may be necessary to insure public health and safety.
 
Annual inspection fee shall be $35.00.

Where more than one apparatus is located in the same building, the fee for the first apparatus shall be at the full fee, and the others shall be at half the full fee.
 
If at the time of any inspection it is found that the equipment is in such condition that it cannot be operated in compliance with this Code, the building official shall cause written notice to be given to the owner, agent, occupant, manager or lessee or any such premises or equipment, setting forth wherein this Code is being violated, and also setting forth the recommendations for correcting such violation and the time, not exceeding thirty (30) days, in which to bring the apparatus into compliance within the time specified, the HVAC inspector, with the approval of the code enforcement officer, may order operation of the apparatus stopped and sealed from further operation until the apparatus meets the provision of the Code.  In any event, whenever the health or safety of any of the public are substantially and imminently endangered by noncompliance with this Code, the HVAC inspector, with the approval of the code enforcement officer, shall order operation of the apparatus stopped and shall seal the apparatus until compliance is achieved.
 
Section 108.4 shall read as follows:  
108.4 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, install, alter or repair mechanical equipment or systems in violation of an approved construction document or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a violation of this ordinance, punishable by a fine of not less than $250.00 nor more than $750.00; and on a second violation by a fine of not less than $500.00 nor more than $1,000.00.  With a second violation, the permit for the job will be pulled and the person in violation will have his/her city issued license suspended.  Each day that a violation continues shall be deemed a separate offense. 
 
Section 108.5 shall read as follows:
108.5 Stop Work Orders: Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease.  Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work.  The notice shall state the conditions under which work is authorized to resume.  Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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 condition, shall be liable to a fine of not less that $500 or more than $1,000.

Section 106A shall read as follows:

SECTION 106A:  LICENSES

106A.1 When required.  Any person, authorized agent or contractor who desires to erect, install, enlarge, alter, repair, remove, convert or replace a mechanical system, the installation of which is regulated by this Code, or to cause such work to be done, shall first obtain a license as described herein.

106A.2 Application and Examination for License:  No person shall be granted a HVAC contractor license unless he meets the following minimum requirements:

A. He shall make application for the license on a form to be provided by the HVAC Inspector and shall provide such information and pay a $50.00 fee to administer the examination.

B. He shall complete a written test provided by the HVAC Inspector and approved by the Code Enforcement Officer and shall obtain a passing score as established by the HVAC Inspector and Code Enforcement Officer.

C. He shall warrant to the City of Pekin and to each of his customers that all heating, ventilation, air conditioning and air filtration equipment, appliances and systems installed or maintained by him or his agents or employees will be done in such manner as to meet the minimum requirements of the Code.

D. He shall deposit with the application for an HVAC license proof of liability insurance coverage with policy limits of not less than one hundred thousand to three hundred thousand dollars ($100,000.00/$300,000.00), which said liability insurance policy shall be so endorsed as to indemnify and save harmless the City from the result of any acts of the registered contractor by virtue of the HVAC license issued to said contractor by the City.  In addition thereto, there shall be deposited with the application for an HVAC license a license or permit bond signed by two (2) or more sureties or by a responsible surety company, to be approved by the Code Enforcement Officer, in the sum of ten thousand dollars ($10,000.00) conditioned to indemnify and save harmless the City from the result of the licensed contractor not complying with the laws and ordinances, including all amendments thereto, pertaining to the certificate of registration and regulating the business of HVAC contractor.

E. A license granted shall be effective for a period of one (1) year beginning on January first and shall be renewed the first of each year.  Any applicant applying after June 30 will be charged at one half the annual rate for the balance of that year.

ANNUAL LICENSE FEE: $100.00 PER YEAR

106A.3 Partnerships and Corporations.  An HVAC contractor license may be issued only to an individual person.  In the case of partnerships or corporations licenses shall be required of one of the partners or officers of the corporation, as the case may be.

106A.4 Reciprocal License Agreements.  The Code Enforcement Officer may enter into reciprocal licensing agreements with other Cities or licensing authorities whenever the requirements in those jurisdictions for similar licensing are equal to or higher than those of the City.
 
CHAPTER 2

DANGEROUS BUILDINGS
(See also Section 5-1-2 of this Code)

SECTION:

7-2-1: Definition
7-2-2: Nuisance Declared; Prohibitions
7-2-3: Abatement Procedures
7-2-4: Damaged Buildings Within Fire Limits
7-2-5: Notices When Owner Unknown
7-2-6: Authorized Investigations; Procedures
7-2-7: Penalties

7-2-1: DEFINITIONS:  The term "dangerous buildings", as used in this Chapter, is hereby defined to mean and include any building, shed, fence or other man-made structure:

A. Which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;

B. Which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard;

C. Which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure;

D. Which, because of its condition or because of lack of doors or windows, is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.

7-2-2: NUISANCE DECLARED; PROHIBITIONS:  Any dangerous building in the City, as defined in Section 7-2-1 of this Chapter, is hereby declared to be a nuisance.

It shall be unlawful to maintain or permit the existence of any dangerous building in the City, and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.

7-2-3: ABATEMENT PROCEDURES:  Whenever the Fire Chief or the Code Enforcement Officer shall be of the opinion that any building or structure in the City is a dangerous building, he shall file a written statement to this effect with the City Clerk.  The Clerk shall, thereupon, submit the matter to the City Council.
 
7-2-4: DAMAGED BUILDINGS WITHIN FIRE LIMITS:

A. Repair or Removal Required:  Any frame building or structure within the fire limits of the City, as prescribed in Section 7-1A-4 of this Title, which has or may be damaged by fire, decay or other causes to the extent of fifty percent (50%) of its value shall be torn down and removed or rebuilt with nonflammable walls.

B. Determination of Extent of Damage; Action:  Upon written notice by the Code Enforcement Officer or the Fire Chief to the effect that such building has been so damaged, filed with the Clerk, the Clerk shall notify the City Council of the receipt of such notice.  The City Council shall then appoint three (3) persons to determine whether or not such building or structure has been damaged to the extent of fifty percent (50%) of its value.

A copy of the notice of the appointment of this board of three (3) persons to determine the damage shall be served upon the owner of the premises by personal service or by registered mail at his last known address.  Such notice shall be substantially the following form:

  "To                                                 .

  You are hereby notified that                            has determined that the building  owned by you at                   located within the fire limits of the City has been damaged by fire, decay or otherwise to the extent of fifty percent (50%) of its value and that a board of three (3) persons has been appointed to verify this finding, which board will hold its first meeting in room         in the City Hall on the         day of            at the hour of         o'clock, at which time it will determine whether or not this finding is correct.

If this finding is verified by the board, you must tear down and remove the said  building, or rebuild it with nonflammable walls."

If the board of three (3) members determine that the building in question has been damaged to the extent of fifty percent (50%) of its value, it shall be the duty of the owner to tear down and remove the said building within twenty (20) days after the finding of such board or to remodel it to comply with the requirements for new buildings int he fire limits, and it shall be unlawful to occupy or permit the occupancy of such building after such finding until it is so remodeled.

C. Abatement by City:  If the owner of any building or structure fails to tear down and remove said building or structure within the period of time required by this Section, then the City may abate same as if it were a dangerous building.

7-2-5: NOTICES WHEN OWNER UNKNOWN:  If the owner of the premises concerned is unknown or if his address is unknown, service of any notice provided for in this Chapter may be made by posting a copy thereof on the premises and by publishing a copy thereof in a newspaper published within the City.

7-2-6: AUTHORIZED INVESTIGATIONS; PROCEDURES:  In addition to the actions authorized by law, the Fire Chief, or any other City Official whose duty it is to investigate fires, may make the investigations authorized by Illinois Revised Statutes, (425 ILCS 25/9).  If such officer should find that any building or structure is so occupied or situated as to endanger persons or property or, by reason of faulty construction, age, lack of repair or for any other cause, is especially liable to fire or is liable to cause injury by collapsing or otherwise, he shall order the dangerous condition removed or remedied and shall so notify the owner or occupant of the premises.  Service of such notice may be in person so notified may appeal from the decision of such officer in the manner provided by law.

7-2-7: PENALTIES:  Any person violating any provision of this Chapter or permitting any dangerous building or any building or structure to remain in a dangerous condition or to remain in the fire limits without remodeling as provided for herein after it has been damaged to the extent of fifty percent (50%) of its value, shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 3

MOVING HOUSES
(For business regulations of house movers, see Title 3, Chapter 14 of this Code.)

SECTION:

7-3-1: Definition
7-3-2: Permit Requirements
7-3-3: Bond
7-3-4: House Moving Procedures
7-3-5: Site and Structure Requirements
7-3-6: Penalties

7-3-1: DEFINITION:  For the purposes of this Chapter, the word "house" shall mean any residence, single or multi-family, constructed prior to the date of any moving, or contemplated moving of the same, which has been previously occupied and which is moved, or intended to be moved, in its entirely or substantially in its entirety, from its original location to some other location within the City but does not include any new residence which is of prefabricated, precut or modular-type construction.

7-3-2: PERMIT REQUIREMENTS:

A. Permit and Approval Required:  It shall be unlawful for any person to move any house upon a street or public way within the City without first having obtained a permit from the City to move said house and without having obtained approval from the Superintendent of Streets for the route proposed to be used to move said house on the public streets of the City.

B. In the event a building or structure is moved from one lot in the City to another lot within the City or across the streets and public ways of the City, a permit shall be obtained and a payment made for said permit in the same manner as for new construction work, as set out in the Building Code, Section 7-1A-2 of this Title.

C. Maximum Number of Permits to One Person; Expiration:  No person may hold a permit to move more than one house at any one time, and any permit issued shall expire within thirty (30) days from the date of issuance.

7-3-3: BOND:  Any person seeking a permit to move a house upon the public ways of the City shall deposit with the City Clerk a good and sufficient bond in the sum of fifty thousand dollars ($50,000.00), with the surety to be approved by the City, to protect and hold the City free and harmless from any and all liability which may or might occur by reason of the issuance of the permit and the moving of a house upon the public ways of the City.

7-3-4: HOUSE MOVING PROCEDURES: 

A. Notice:  It shall be unlawful for any person to move any house within the City onto a public way without giving notice at least twelve (12) hours before moving said house on the said public way, which notice shall be given to the Chief of Police, Fire Chief, Superintendent of Streets and the City Clerk.

B. Continuous Moving:  It shall be unlawful for any person to move a house within the City onto a public way unless said house can be completely moved to its new location without cessation of said movement, except for nighttime, and said house may not be left standing in a public way in the City over any holiday or weekend; it being the intention of this Chapter that once said house is moved upon a public way in the City, that said house must be continuously moved until it rests upon its new location, except for nighttime movement, and said house may not be left standing or garaged upon the public street by reason of a holiday or weekend.  It is the intent of this Chapter that no house may be moved on public ways in the City during the nighttime and any house being so moved which must stand in a public way during the nighttime must be well lighted with proper warning signs to protect traffic on the public way.

C. Warning Devices:

1.  Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the mover, subject to approval of the Police Department, so as to warn vehicles and persons from entering that portion of the street so blocked.

2.  The person moving any building through the streets shall keep warning signs and lanterns or lights on the building so as to guard against any person or vehicle from colliding with it.

3.  Any person violating any provision of this subsection shall be subject to penalty as provided in Section 1-4-1 of this Code.

D. Utility Wires:

1.  Interference with Wires; Bond:  Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building, the terms of any special or franchise ordinance governing shall apply, and the bond therein specified shall be given.  If no such terms apply, then the City Council shall estimate the expense of fixing the wires and the bond to be given to cover such expense.

2.  Penalty:  Any person violating any provision of this subsection shall be subject to penalty as provided in Section 1-4-1 of this Code.

7-3-5: SITE AND STRUCTURE REQUIREMENTS:

A. Prohibited Sites:  It shall be unlawful for any person to move a house to a location within any subdivision of the City within twenty (20) years from the date which the plat of such subdivision was originally recorded in the Recorder's Office of Tazewell County, Illinois.

B. Structure Requirements:  It shall be unlawful for any person to move a house from one location within the City to another location within the City unless that house is in full compliance with all Building Codes of the City (See Chapter 1 of this Title.) prior to the time said house is moved, and when the same is relocated upon another lot within the City, said house so relocated shall be brought in full compliance with all building and structural codes of the City not more than thirty (30) days after the said house was moved from its original location.

7-3-6: PENALTIES:  No permit shall issue for the moving of any house in violation of this Chapter and any person violating this Chapter, where no other penalty is provided, shall be subject to a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and each day that such violation exists shall be deemed to be a separate offense. 
 
CHAPTER 4

FLOOD CONTROL REGULATIONS

SECTION:

7-4- 1:  Authority and Purpose         
7-4- 2:  Definitions
7-4- 3:  Base Flood Elevation
7-4- 4:  Development Permit
7-4- 5:  Preventing Increased Damages
7-4- 6:  Protecting Buildings
7-4- 7:  Other Developments Requirements
7-4- 8:  Variances
7-4- 9:  Administration and Enforcement
7-4-10: Disclaimer of Liability
7-4-11: Abrogation and Greater Restrictions
7-4-12: Violations and Penalties


7-4-1: AUTHORITY AND PURPOSE:  This Chapter is enacted pursuant to the police powers granted to this City by Illinois Revised Statutes, 65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8 and 5/11-31-2 in order to accomplish the following purposes:

A. To prevent unwise developments from increasing flood or drainage hazards to others;

B. To protect new buildings and major improvements to buildings from flood damage;

C. To protect human life and health from the hazards of flooding;

D. To lessen the burden on the taxpayer for flood-control projects, repairs to flood-damaged public facilities and utilities and flood rescue and relief operations;

E. To maintain property values and a stable tax base by minimizing the potential for creating flood-blighted areas; and

F. To make Federally-subsidized flood insurance available for property in the City by fulfilling the requirements of the National Flood Insurance Program.

7-4-2: DEFINITIONS:  For the purposes of this Chapter, the following definitions are adopted.

BASE FLOOD:  The flood having a one percent (1%) probability of being equaled or exceeded in any given year.  The base flood is also known as the 100-year flood.  The base flood elevation at any location is as defined in Section 7-5-3 of this Chapter.

BUILDING:  A structure that is principally above ground and is enclosed by walls and a roof.  The term includes a gas or liquid storage tank, a manufactured home or a prefabricated building.  The term also includes recreational vehicles and travel trailers to be installed on a site for more than one hundred eighty (180) days.

DEVELOPMENT:

A. Any man-made change to real estate, including:

1.  Construction, reconstruction or placement of a building or any addition to a building valued at more than one thousand dollars ($1,000.00);

2.  Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than one hundred eighty (180) days;

3.  Installing utilities, construction of roads or similar projects;

4.  Construction or erection of levees, walls, fences, bridges or culverts;

5.  Drilling, mining, filling, dredging, grading, excavating or other nonagricultural alterations of the ground surface;

 6.  Storage of materials; or

7.  Any other activity that might change the direction, height or velocity of flood or surface waters.

B. "Development" does not include maintenance of existing buildings and facilities such as re-roofing, resurfacing roads or gardening, plowing and similar agricultural practices that do not involve filling, grading or construction of levees.

FPE or FLOOD PROTECTION ELEVATION:  The elevation of the base flood plus one foot (1') at any given location in the SFHA.

FLOOD:  A general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation or the runoff of surface waters from any source.

FLOODWAY:  Those portions of the SFHA required to store and convey the base flood.  The floodway for the SFHAs of the Illinois River and Lick Creek shall be as delineated on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency and dated June 4, 1980.  The floodway for each of the remaining SFHAs of the City shall be according to the best data available to the Illinois State Water Survey Floodplain Information Repository.

RIVERINE SFHA:  Any SFHA subject to flooding from a river, creek, intermittent stream, ditch or any other identified channel.  This term does not include areas subject to flooding from lakes (except public bodies of water), ponding areas, areas of sheet flow or other areas not subject to over bank flooding.

SFHA or SPECIAL FLOOD HAZARD AREA:  Those lands within the jurisdiction of the City that are subject to inundation by the base flood.  The SFHAs of the City are generally identified as such on the Flood Insurance Rate Map of the City prepared by the Federal Emergency Management Agency and dated June 4, 1980.  The SFHAs of those parts of unincorporated Tazewell County that are within the extraterritorial jurisdiction of the City or that may be annexed into the City are generally identified as such on the Flood Insurance Rate Map prepared for Tazewell County by the Federal Emergency Management Agency and dated August 1, 1980.

7-4-3: BASE FLOOD ELEVATION: This Chapter's protection standard is the base flood.  The best available base flood data are listed below.  Whenever a party disagrees with the best available data, the party may finance the detailed engineering study needed to replace existing data with better data and submit it to the State Water Survey and the Federal Emergency Management Agency.

A. The base flood elevation for the SFHAs of the Illinois River and Lick Creek shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the City prepared by the Federal Emergency Management Agency and dated December 1979.

B. The base flood elevation for each of the remaining SFHAs delineated as an "A Zone" on the Flood Insurance Rate Map of the City shall be according to the best data available to the Illinois State Water Survey Floodplain Information Repository.  When no base flood elevation exists, the base flood elevation shall be the 100-year flood depth calculated according to the formulas presented in Depth and Frequency of Floods in Illinois published by the U.S. Geological Survey, 1976.

C. The base flood elevation for the SFHAs of those parts of unincorporated Tazewell County that are within the extraterritorial jurisdiction of the City or that may be annexed into the City shall be delineated on the 100-year flood profiles in the Flood Insurance Study of the Federal Emergency Agency and dated February 1980.

7-4-4: DEVELOPMENT PERMIT: 

A. Permit and Compliance Required:  No person, firm, corporation or governmental body not exempted by State law shall commence any development in the SFHA without first obtaining a development permit from the Code Enforcement Officer.  The Code Enforcement Officer shall not issue a development permit if the proposed development does not meet the requirements of this Chapter.

B. Application for Permit:  The application for a development permit shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions, existing grade elevations and all changes in grade resulting from excavation or filling, the location and dimensions of all buildings and additions to buildings and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 7-6-6 of this Chapter.

C. Determination of Elevation:  Upon receipt of an application for a development permit, the Code Enforcement Officer shall compare the elevation of the site to the base flood elevation.  Any development located on land that can be shown to have been higher than the base flood elevation as of the date of the site’s first Flood Insurance Rate Map identification is not located in the SFHA and, therefore, not subject to the requirements of this Chapter.  The Code Enforcement Officer shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification.

D. Other Permits Required:  The Code Enforcement Officer shall inform the applicant of any and all other local, State and Federal permits that may be required for this type of development activity.  The Code Enforcement Officer shall not issue the development permit unless all required Federal and State permits have been obtained.

7-4-5: PREVENTING INCREASED DAMAGES:  No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.

A. Within the floodway identified on the Flood Boundary Floodway Map, the following standards shall apply:

1.  Except as provided in subsection A2 of this Section, no development shall be allowed which, acting in combination with existing or future similar works, will cause any increase in the base flood elevation.  The specific development activities identified in subsection B2 of this Section shall be considered as meeting this requirement.

2.  No increase in the base flood elevation may be permitted unless:

a.  The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot (1') for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages;

b.  A permit has been issued by the Illinois Department of Transportation, Division of Water Resource as required in subsection B1 of this Section; and

c.  For all projects involving channel modifications or fill (including levees), the City shall submit sufficient data to the Federal Emergency Management Agency to revise the regulatory flood data.

B. Within all other riverine SFHAs, the following standards shall apply:

1.  In addition to the other requirements of this Chapter, a development permit for site located in a floodway (or in a riverine SFHA where no floodway has been identified) shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from the Illinois Department of Transportation, Division of Water Resources, issued pursuant to Illinois Revised Statutes, 615 ILCS 5/5 et seq.

2.  The following activities may be constructed without the individual permit required in subsection B1 hereof in accordance with statewide permits issued by the Illinois Department of Transportation, Division of Water Resources; provided the activities do not involve placement of fill, change of grade or construction in the normal channel.  Such activities must still meet the other requirements of this Chapter, as follows:

a.  The construction of wells, septic tanks and underground utility lines not crossing a lake or stream;

b.  The construction of light poles, signposts and similar structures;

c.  The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces, which are built at grade;

d.  The construction of properly anchored, un-walled, open structures such as playground equipment, pavilions and carports;

e.  The placement of properly anchored buildings not exceeding seventy (70) square feet in size or ten feet (10') in any dimension (e.g., animal shelters and tool sheds); and

f.  The construction of additions to existing buildings which do not increase the first flood area by more than twenty percent (20%) which are located on the upstream or downstream side of the existing building and which do not extend beyond the sides of the existing building that is parallel to the flow of flood waters.

3.  The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot (1') for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damage.

C. Public Health Standards in All SFHAs:

1.  No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants or other hazardous or toxic materials below the FPE unless such materials are stored in a storage tank or flood-proof building constructed according to the requirements of subsection 7-5-6B4 of this Chapter.

2.  New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted, providing all manholes or other aboveground openings located below the FPE are watertight.

7-4-6: PROTECTING BUILDINGS:

A. In addition to the damage prevention requirements of Section 7-4-5 of this Chapter, all buildings to be located in the SFHA shall be protected from flood damage below the FPE.  This building protection requirement applies to the following situations:

1.  Construction or placement of a new building valued at more than one thousand dollars ($1,000.00);

2.  Structural alterations made to an existing building that increase the floor area by more than twenty percent (20%) or the market value of the building by more than fifty percent (50%);

3.  Reconstruction or repairs made to a damaged building that are valued at or more than fifty percent (50%) of the market value of the building before the damage occurred;

4.  Installing a manufactured home on a new site or a newly manufactured home on an existing site.  This Chapter does not apply to returning a manufactured home to the same site that it lawfully occupied before it was removed to avoid flood damage; and

5.  Installing a travel trailer on a site for more than one hundred eighty (180) days.

B. This building protection requirement may be met by one of the following methods.  The Code Enforcement Officer shall maintain a record of compliance with these building protection standards as required in Section 7-4-9 of this Chapter.

1.  A residential or nonresidential building may be constructed on permanent landfill in accordance with the following:

a.  The fill shall be placed in layers no greater than one foot (1') deep before compaction.

b.  The lowest floor (including basement) shall be at or above the FPE.  The fill should extend at least ten feet (10') beyond the foundation of the building before sloping below the FPE.

c.  The fill shall be protected against erosion and scour during flooding by vegetative cover, rip rap or bulk heading.  If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical (3:1).

d.  The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

2.  A residential or nonresidential building may be elevated in accordance with the following:

a.  The building or improvements shall be elevated on crawlspace, walls, stilts, piles or other foundation, provided:

(1)  The walls have permanent openings no more than one foot (1') above grade; and

(2) The walls and floor are not subject to damage by hydrostatic pressures associated with the base flood.

b.  The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris.

c.  All areas below the FPE shall be constructed of materials resistant to flood damage.  The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the FPE.  Water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the FPE.

3.  Manufactured homes and travel trailers to be installed on a site for more than one hundred eighty (180) days shall be:

a.  Elevated at or above the FPE in accordance with subsection B1 or B2 above; or

b.  Anchored to resist flotation, collapse or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to Illinois Revised Statutes, Chapter 111 1/2, Paragraphs 4401 through 4406.

4.  Only a nonresident building may be flood proofed in accordance with the following:

a.  A registered professional engineer shall certify that the building has been designed so that below the FPE, the structure and attendant utility facilities are watertight and capable of resisting the affects of the base flood.  The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy and impacts from debris or ice.

b.  Flood proofing measures shall be operable without human intervention and without an outside source of electricity.

7-4-7: OTHER DEVELOPMENT REQUIREMENTS:  The City Council shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development.

A. New subdivisions, manufactured home parks, travel trailer parks, annexation agreements, planned unit developments (PUDs) and additions to manufactured home parks and subdivisions shall meet the requirements of Sections 7-4-5 and 7-4-6 of this Chapter.  Plats or plans for new subdivisions, manufactured home parks and planned unit developments (PUDs) shall include a signed statement by a registered professional engineer that the plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2).

B. Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments (PUDs) and additions to manufactured home parks and subdivisions shall include base flood elevation data and floodway delineations.  Where this information is not available from an existing study filed with the Illinois State Water Survey, the applicant shall be responsible for calculating the base flood elevation and the floodway delineation and submitting it to the State Water Survey for review and approval as best available regulatory data.

7-4-8: VARIANCES:  Whenever the standards of this Chapter place undue hardship on specific development proposals, the applicant may apply to the Zoning Board of Appeals (See Section 9-12-1-2 of this Code) for a variance.  The Zoning Board of Appeals shall review the applicant's request for a variance and may attach such conditions to granting of a variance as it deems necessary to further the intent of this Chapter.

A. No variance shall be granted unless the applicant demonstrates that:

1.  The development activity cannot be located outside the SFHA;

2.  An exceptional hardship would result if the variance were not granted.

3.  The relief requested is the minimum necessary;

4.  There will be no additional threat to public health or safety or creation of a nuisance;

5.  There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities; and

6.  The provisions of subsection 7-4-4D of this Chapter are met; and

7.  The provisions of subsection 7-4-5A of this Chapter are met.

B. The Code Enforcement Officer shall notify an applicant in writing that a variance from the requirements of Section 7-4-6 of this Chapter that would lessen the degree of protection to a building will:

1.  Result in increased premium rates for flood insurance up to amounts that may be as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage;

2.  Increase the risks to life and property; and

3.  Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge, in writing, the assumption of the risk and liability.

C. Variances to the building protection requirements of Section 7-4-6 of this Chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsections A1 through A5 of this Section.

7-4-9: ADMINISTRATION AND ENFORCEMENT:  The Code Enforcement Officer shall be responsible for the general administration and enforcement of this Chapter including, but not limited to, the following duties:

A. Ensure that all development activities within the SFHAs of the jurisdiction of the City meet the requirements of this Chapter;

B. Provide information and assistance to Citizens upon request about permit procedures and flood plain construction techniques;

C. Ensure that construction authorization has been granted by the Illinois Department of Transportation, Division of Water Resources, for all development projects subject to Section 7-4-5 of this Chapter and maintain a record of such authorization;

D. Maintain a record of the "as-built" elevation of the lowest floor (including basement) of all buildings subject to Section 7-4-6 of this Chapter;

E. Maintain a record of the engineer's certificate and the "as-built" flood-proofed elevation of all buildings subject to subsection 7-4-6B4 of this Chapter;

F. Inspect all development projects to ensure that they comply with the provisions of this Chapter;

G. Cooperate with State and Federal flood plain management agencies to improve base flood and floodway data and to improve the administration of this Chapter.  Submit reports as required for the National Flood Insurance Program;

H. Maintain for public inspection, and furnish upon request, base flood data, SFHA maps, copies of Federal or State permit documents and "as-built" elevation and flood proofing data for all buildings constructed subject to this Chapter.

7-4-10:  DISCLAIMER OF LIABILITY:  The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study.  Larger floods may occur or flood heights may be increased by man-made or natural causes.  This Chapter does not imply that development either inside or outside of the SFHA will be free from flooding or damage.  This Chapter does not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance hereon or any administrative decision made lawfully hereunder.

7-4-11:  ABROGATION AND GREATER RESTRICTIONS:  This Chapter does not repeal, abrogate or impair any existing easements, covenants or deed restrictions.  Where this Chapter and other ordinance easements,   covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

7-4-12:  VIOLATIONS AND PENALTIES:

A. Violations:  Failure to obtain a permit for development in the SFHA or failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this Chapter.  Upon due investigation, the Corporation Counsel may determine that a violation of the minimum standards of this Chapter exists.  The Corporation Counsel shall notify the owner in writing of such violation.

B. Penalties:  If such owner fails, after ten (10) days' notice, to correct the violation:

1.  The City may make application to the Circuit Court for an injunction requiring conformance with this Chapter or make such other order as the Court deems necessary to secure compliance herewith.

2.  Any person who violates this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code.

C. Suspension of Insurance:  The Corporation Counsel shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.

D. Other Actions:  Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations.  All costs connected therewith shall accrue to the person or persons responsible.