Building Board of Appeals

Agenda Village of Glen Ellyn Building Board of Appeals Meeting Wednesday, May 18, 2022 7:00 PM Glen Ellyn Civic Center, Galligan Board Room A. Call to Order: 7:00 p.m. B. Roll Call C. Public Comments (Non-agenda Items) D. Approval of Draft Minutes 1) Minutes, Regular Meeting – 4/20/22 E. Old Business • Update on the Building Community Listening Sessions F. New Business • Review of codes regulating construction for potential adoption G. Trustee Report H. Chairman’s Report I. Staff Liaison’s Report J. Next Meeting Date: TBD K. Adjournment cc: Building Board of Appeals Members Kelley Kalinich, Trustee Liaison Emily Rodman, Interim Community Development Director Penni Cannova, Executive Secretary Grant Paplauskas, Communications Coordinator Kelly Purvis, Planning Manager Atrin Fard, Planner BBA Recording Secretary Lori Gloude, Administrative Assistant II Brian Baltudis, Facilities Manager Page 1 of 64 Dear Interested Citizens: This note provides you with information regarding the process of amending the Village Code. Once public comments, discussions and considerations have been completed, the Building Board of Appeals makes a recommendation to the Village Board. The recommendation, along with the meeting minutes, summary report and all related material, is then scheduled for consideration by the Village Board at one or two meetings. The recommendation may first be considered by the Village Board at a workshop meeting, which will be held on a Monday at 7:00 p.m. The recommendation may then be considered at a formal meeting of the Village Board at 7:00 p.m., for a formal decision. To confirm exact dates for these Village Board meetings, please call 630-547-5244. The Village Board meets in the Galligan Board Room on the third floor of the Civic Center, 535 Duane Street. Individuals with disabilities who plan to attend the hearing and who require certain accommodations in order to allow them to observe and participate, or who have questions regarding the accessibility of the meeting or facilities, are requested to contact the Village at least 24 hours before the meeting. Page 2 of 64  Glen Ellyn Building Board Meeting 5/18/2022 7:00 PM of Appeals Department: Community Development 535 Duane Street Department Head: Emily Rodman Glen Ellyn, IL 60137 Category: Minutes Prepared By: Steve Witt AGENDA ITEM (ID DOC ID: 2022-2248 # 2022-2248) Minutes, Regular Meeting 04/20/22 Statement of the Issue: Please see attached Analysis: Please see attached Budget Impact: N/A Action Requested: Approve Attachments: 1. 4-20-22 BBA Meeting Minutes-DRAFT Page 3 of 64  DRAFT MINUTES BUILDING BOARD OF APPEALS MEETING April 20, 2022 Call to Order and Roll Call The meeting was called to order at 7:02 p.m. by Building Board of Appeals (BBA) Chairperson Thomas Bredfeldt. Roll was called. Present: Chairperson Tom Bredfeldt, BBA Members Brian Beck, Christopher Clark, Matthew Rooney and Barrington Pope. Absent: Robert Stahr and Thomas Tuscher. Also present were Village Board Trustee Liaison Kelly Kalinich, Building & Zoning Official Steve Witt, and Recording Secretary Barbara Dutton-Thomas Public Comment Non-Agenda Items There was no public comment pertaining to non-agenda items. Approval of Minutes Following a motion by BBA Member Clark, seconded by Member Beck, draft minutes of the March 16, 2022 meeting were approved unanimously by roll call vote. Old Business Building & Zoning Official Witt reported that progress is being made in addressing input items gleaned from the building community listening session recently hosted by the BBA, and that a full update would be provided at the next BBA meeting. New Business International Residential Code Official Steve Witt, who’d related having received a letter from local contractor Pete Ladesic with comments pertaining to the evening’s code discussion, introduced the International Residential Code (IRC), explaining that the Village is looking to move from the 2009 to the 2018 version (as noted in Item A). He said Item #B1is solely a formatting issue. He explained that Item #5 references the modification factor to be applied relative to the size of a project based on alterations and cost of construction when determining whether fire sprinklers are required, and said Item #6 is formatting only. Mr. Witt indicated that Staff is looking to expand the list in Item #7 – which identifies work exempt from a building permit – to include sealcoating existing driveways, and sealcoating of parking lots with less than five stalls and that don’t require accessible stalls. He named the following maintenance-related items as also to be added to the list of work not requiring a permit: wood treads; risers and treads; existing wood deck boards on porches and decks; and replacement of existing handrails on stairs in residential buildings not more than four dwelling units in size; if materials are replaced in kind. Additionally, he named fence repairs, and the erection of temporary tents (i.e., those less than 200SF in size). Also exempt, he said, are window replacements that are put into the same size opening and don’t reduce the emergency escape and rescue opening sizes. Member Clark asked if permits are required for re-roofs, to which Mr. Witt replied affirmatively. 1 Page 4 of 64 Mr. Witt identified items being clarified in Sections D3 and D5. Replacement of multiple receptacles and breakers may trigger the need for a permit, he said, adding that a minor mechanical repair or the installation of, say, a new pump, wherein a circuit needs to be brought from the panel to the location would require a permit, so the Village can inspect the electrical work. Item #7, said Mr. Witt, concerns alterations to piping, requiring a permit if hard pipe is modified or if an electrical connection is required. Item #8, he said, is a formatting issue, and Item #9 clarifies that, on a case-by-case basis, the Building Official has the right to request a signed contract for construction to verify the scope of work. Item #10 is formatting. Item #11, explained Mr. Witt, reduces the timeframe for validity of a permit from 180 days to 90 for small scopes of work that are not part of a larger project. The proposed work items are limited to building demolition, driveway or approach replacement, emergency generator installation, exterior siding replacement, fence installation or replacement, and furnace/boiler/water heater/air conditioning system component installation or replacement. The provision also applies to irrigation systems, radon systems and roof replacements, he said, explaining that the goal is tighter control on closing out projects. It is also hoped it will speed projects along, explained Mr. Witt. Item #12, he said, is a formatting issue. Item #13, continued Official Witt, adds to the amendments requirements of the State Fire Sprinkler Act and Professional Engineering Act; he said that when a fire suppression system is required, a technical submission outlining the scope is specified, as are shop drawings for comparison purposes. Item #14, he said, is a clerical change to endorse the generic term, “fire protection system.” Item #15, pointed out Mr. Witt, puts into words the fee schedule for work exceeding the scope of the permit, and Item #16 is a formatting issue. Item #17, explained Official Witt, is a reminder to contractors that work can’t go past the point of the requisite inspection. Inspections must proceed in order, he explained, noting that contractors will get billed if they are a “no show” for an inspection, as well as for excessive inspections, to compensate for Village staff time. Item #18, continued Mr. Witt, clarifies the documents that have to be onsite for the inspector: copies of the approved permit drawings (and any drawing addenda), a copy of all previously issued inspection reports, and manufacturer instructions for items that are hardwired into walls, cabinetry, casework, etc. Items #19, 20 and 22, he said, are formatting issues, and explained that Item #21 references the fee schedule for issuance of a temporary certificate of occupancy. Items #23-25 are items that are struck related to the BBA, he said, so avoid a conflict with the Municipal Code establishing the body and the obligations and duties thereof. Item #26 is an administrative amendment, said Mr. Witt. He said Items #27 and #28 amend definitions of crawl space and underfloor space, affecting instances where people want to build habitable space without having to rip up an existing concrete slab to construct over. Item #29 has updated design criteria, largely related to structural and mechanical systems, he said, giving detail. Manual J criteria, he explained, deals with design of mechanical systems for single-family homes, with material taking efficiency into account. Item #30, he said, was added to reference FEMA flood plain maps, which pertain to the County Stormwater Ordinance, to which the Village adheres. Item #31, he stated, establishes a 10 PSF lateral design load for the walking surface of a deck. Item #32, he said, restores requirements for protecting supported beams as part of a fire-rated configuration. Item #33, he said, is looking to require, for fire-protection purposes, any exposed wooden structure be covered with drywall in additions or basement renovations that exceed a $15,000 cost. Member Rooney asked if this applies to ceiling joists in an unfinished basement of a house undergoing an addition, to which Mr. Witt replied affirmatively. Member Rooney asked what happens with the mechanical systems in the basement. Mr. Witt responded that these have to get boxed up. To Mr. Rooney’s concern that doing 2 Page 5 of 64 so could make the ceiling height lower than allowed, Mr. Witt said that a lot of situations where mechanical ductwork running underneath floor joists for the first floor likely put that ceiling height into violation to start with, but consideration is given, and the goal is to increase the volume of air in an area. Citing projects to expand older homes, Member Rooney said he doesn’t think it’s possible to drywall the ceiling, and that the requirement is excessive in a town with houses with an older housing stock. Mr. Witt suggested further discussion, with local contractors and the Fire Company. Calling the proposed, “onerous,” Chief Clark agreed with Mr. Rooney’s assessment. Mr. Witt said the item could be struck. Member Clark said that in past, Code didn’t allow I-joists and floor trusses in un-sprinklered buildings. Mr. Witt said a provision coming up says these must be sprinklered or covered. Member Rooney agreed that truss joists or trusses should be covered. Member Clark observed that all penetrations expected in a typical basement would make it difficult to effectively provide a drywall ceiling (in an otherwise unfinished basement). Mr. Witt suggested modifying the section to achieve a compromise – allowing specified elements from Item #71 to be installed and covered (with drywall) in lieu of sprinklers – and that he’d be glad to re-write it to incorporate these items; Mr. Rooney said the plan “sounds good.” Mr. Clark said it makes sense to discourage people from using light-weight joists in a small addition, and Mr. Witt noted that dimensional lumber would remain unprotected unless the sprinkler threshold is reached. Item #34, continued Mr. Witt, adds a provision to prohibit the use of an awning or hopper-style window for emergency escape and rescue openings. Item #35 is a formatting issue, he noted. Item #36, he explained, specifies that cables in a cable-rail system should have a spacing of not more than 3 in. apart. Items #37 and #39, he said, concern formatting, and Item #38 references the Fire Code with regard to fire sprinkler systems for additions, alterations or remodeling of townhomes. Item #40, he pointed out, clarifies that sprinkler systems need to be in conformance with NFPA 13D (as established in the IFC). Item #41 concerns one of the points on which Mr. Ladesic commented upon; With regard to IFC addition threshold limits relative to size and cost, Mr. Ladesic requested that dollar amounts be adjusted to reflect inflation, recommending a minimum 35 percent increase applied to the triggers. Mr. Witt said that before the current inflationary period, Staff was talking about lowering dollar amounts to encourage more single- family homes to be sprinklered. Though he acknowledged materials costs “have gone crazy,” Mr. Witt wondered if it should be adjusted at all, not knowing if inflation would continue or calm down. Calling the costs commodity driven, Mr. Rooney observed that builders are not lowering their prices. Mr. Witt, however, said he has no data to validate any number to make a recommendation on percent, but noted that the thresholds could be changed at any point. He said he could do some research to aid in making a recommendation. Member Clark said that in past, actual projects were looked at and costs compared, and that it’s hard to have accurate real-time numbers, given the various inputs. Mr. Witt asked if the Board is open to adjusting the number upward. After further discussion of researching costs, Mr. Witt noted that, while information sources are lagging indicators, they can at least serve as a basis for discussion. He said he’d put together a memo for consideration at the next meeting. Official Witt moved on to Item #42, which, he explained, features references to criteria within the IFC. Added with Item #43, he continued, is a new chapter added for safeguards during construction, including safety and security fencing, which is discussed in Item #45, edited to except situations involving drilling piers. The height, he elaborated, is being raised from 4 ft. to 6 ft., and use of plastic fabric or wood slats deleted, and a requirement added that posts be driven into the ground, instead of sandbags used (where possible). The gate, he added, is to be locked, not just secured. He noted a request from Mr. Ladesic for a temporary allowance of sandbags in utility replacement/installation, a suggestion Mr. Witt called 3 Page 6 of 64 “reasonable.” Mr. Witt acknowledged that during certain time periods sandbagging will be required, and said the Village can tweak the requirement for latitude. Member Clark suggested intermediately placed sandbags to allow heavy equipment in and out of a site. Mr. Witt indicated Staff will work on this. He said Staff wishes to add requirements for tree preservation and earth retention systems, and onsite maintenance of a fire extinguisher (for which he’d said he’d confirm the rating). Item #48 directs that public walks and streets and adjoining properties be kept free of construction gravel, dirt, debris, etc., said Official Witt. In addressing a proposed provision directing stockpiled material be kept outside of the side yard setback, he related that Mr. Ladesic took issue with this requirement, citing it as a restriction when, to economize, delivery of product must be taken in advance of its use. Mr. Witt said that if this change is not put in the amendments, or the Village adopts a term of permitted storage (as was suggested), the Zoning Ordinance would have to be amended. Though expressing that some material storage rules are harsh, Member Rooney said he only partially agrees with Mr. Ladesic. Mr. Witt voiced concern about stormwater drainage, and floated a storage arrangement to consider. He emphasized that the provisions don’t restrict the front yard use, but instead involve side property lines. Mr. Beck reported not hearing many complaints about this. Mr. Witt suggested leaving the text as is, and dealing with the issue through zoning, so to change both Codes concurrently. Mr. Rooney said to leave the text as is. Mr. Witt said Item #49 requires a soils report from a geo-tech firm, if foundation design is based on an assumed soil bearing capacity greater than 1,500PSF. Items #50-52, he said, specify that wood or masonry foundations are not permitted. Item #53, he continued, calls for a licensed structural engineer to oversee design of underpinning work. Item #54, he said, concerns detached garages, and increases the slab turn-down from 10 in. to 12 in., as well as imposes rebar standards. Items #55 and #56, said Mr. Witt, concern the requirement to anchor accessory structures, gazebos or pergolas, and codify permitted foundation systems for doing so. Items #57, #59 and #62 are formatting issues, he noted, while Item #58 deletes the reference to masonry foundation walls. Item #60 requires a structural engineer to design foundation and retaining wall underpinning, and #61 prohibits wood foundations walls. Expressing the requirement for a licensed design professional to design retaining walls, Item #63, he said, specifies that manufacturers of segmental walls provide adequate product information to ensure that the design is safe for the wall height. Item #64, he continued, clarifies the surcharge load used in designing retaining walls which is generally taken as 2 x the soil density. Item #65 requires that window wells have drainage when they are considered an emergency exit. Items #66-69, he said, deal with crawl space. Item #69 describes how to prep the under-floor space when floor systems have 16 in. or less clear space to the floor slab, he continued, saying there should be no gas piping, water piping or ductwork underneath. Insulation requirements for meeting the Energy Conservation Code are also presented, he said. Item #70, he said, states that access to underfloor spaces with a clear height of 16 in. or less isn’t required. It is proposed, he noted, to merge Item #71 into Item #33. Items #72 and #73 look at lateral restraint for floor joists in bearing conditions, said Official Witt, who distributed photos depicting conditions that are the impetus of the provisions outlined. He added that a provision to allow the blocking to be positioned to allow for utilities to be run vertically through the wall above a support beam has been provided, and said the IRC confirmed his interpretation of blocking location requirements. Items 74-76 concern wood trusses, continued Mr. Witt, with Item #75 looking for the truss manufacturer to provide more information than they do, and Item #74 attempting to resolve an issue between truss manufacturers and designers concerning who executes the placement diagram. Mr. Witt explained that 4 Page 7 of 64 Item #76 requires the truss manufacturer to submit a placement diagram (unless the architect/structural engineer wants to do it – something he hasn’t seen happen). Item #77, continued Mr. Witt, addresses helical piers for deck foundations, and requires that the manufacturer/engineer provide information on the engineering (e.g., torque) behind the application. Item #78, he said, embellishes the IRC’s requirements for design of vertical support at the ledger beam as well as the lateral supports. Item #79 requires tying a deck structure into the house, he said, offering an alternative by allowing for different options (e.g., braces). Items #82-84 treat roof trusses the same as floor trusses, he said, and noted that Items #81 and Items #85-90 are formatting issues. Items #91-92 get rid of the plumbing provisions that are based on the International Plumbing Code (which has been replaced by the State’s). Items #93-94, he said, take the bulk of all the electrical provisions out of the IRC, and reference the NEC, which is used for design. With respect to Items #95-96, Mr. Witt reported that Staff looked at surrounding communities’ and the County’s provisions concerning radon control systems. He noted that the State, which is more explicit than the IRC, requires such in all new construction, as well as has provisions for existing homes, so it is proposed that the Village refer to the Illinois statutes. He added that he’d like to see the incorporation of a radon mitigation system when a basement remodel for habitable space tests at Level 4.0 or greater. He said this would only apply to new basement (i.e., raw space) remodels, and would not be a requirement if the test comes in at less than 4.0. Other local communities examined, he noted, don’t have a set criteria on the books for a radon mitigation system, though the Village of Lombard expects to entertain adding language to this effect to their amendments.) Mr. Witt said he’d be pleased to rewrite Sections 45 and 47 and present them for BBA review, as well mentioned revisiting the dollar figure in Item #33 and the relevant passage in the Fire Code. Chairperson Bredfeldt confirmed carrying over discussion of the IRC to the next meeting. Trustee Report Trustee Kalinich reported that the three-year streetscape project is underway, with Phase I on Main Street between Hillside and Duane. Phase II, she said, will be effected on portions of Duane. She related that when the project is complete, twice as many trees will be in place as previously, explaining that a large percentage of the trees designated for removal were diseased. Other components of the project, she said, are storm, sanitary and water line and sidewalk replacement, and the addition of planters with attached seating. A pedestrian tunnel by the train station is to be installed later. Chairperson’s Report Chairperson Bredfeldt did not have one. Staff Report Building & Zoning Official Witt thanked the BBA for their discussion. He related that the sidewalk is now open between the pedway for Apex and Santa Fe, and that Apex is looking at first occupancy on May 15th. He said the BBA is to next meet May 18th, with discussion of the Municipal Code. Adjournment Chairperson Bredfeldt adjourned tonight’s meeting at 9:13 p.m., following a unanimous roll call vote on a motion made by Board Member Clark and seconded by Member Beck. Respectfully submitted, 5 Page 8 of 64 Barbara Dutton-Thomas Recording Secretary 6 Page 9 of 64  Glen Ellyn Building Board Meeting 5/18/2022 7:00 PM of Appeals Department: Community Development 535 Duane Street Department Head: Emily Rodman Glen Ellyn, IL 60137 Category: Discussion Item Prepared By: Steve Witt AGENDA ITEM (ID DOC ID: 2022-2249 # 2022-2249) Update on the Building Community Listening Session Statement of the Issue: Please see attached Analysis: N/A Budget Impact: N/A Action Requested: N/A Attachments: 1. 05-18-22 Building Community Listening Session Suggestion Chart Update Page 10 of 64  Village of Glen Ellyn Building Community Listening Session Building Board of Appeals – Started November 2021 Update for 5-18-22 BBA Meeting SUMMARY OF BUILDING COMMUNITY LISTENING SESSION FEEDBACK Positive Comments on Services Provided by Community Development Department 1 The Department is much more organized than 20 years ago. 2 The new Permit Clerks are great. 3 The in-house building inspectors are great to work with. 4 Have so many good people that are part of the team. 5 Compliments to Springer, Purvis, Daubert, Moritz, Beck, Czajkowski, Wallace, Tisinai, Atkinson. 6 Appreciate that the Administrative Variation process that was added. No. Individual Suggestions Follow-up Action Update/Status Communication 1 Often find that contractors don’t get calls or email Community Development will meet to We require the contractor, or an authorized notifications on the outcome of the inspection. discuss this issue and provide an update representative thereof, to be on site at the time of Sometimes the inspection result is left with the at a future meeting. inspection. This provides an opportunity for the homeowner, but the contractor does not receive the inspector to review the results of the inspections and information. If the inspection report is left outside, explain why an item may have failed the inspection. sometimes it blows away. That said, in an effort to help maintain job progress, the building inspectors often perform inspections when only the homeowner, or even no one is on site. In either case, the contractor or homeowner is provided with a copy of the inspection report before the inspector leaves the project site, either by hand delivery or by leaving the Page 11 of 64  inspection report at the door. It is up to the homeowner and contractor to work together, particularly when the contractor is not available to be on site at the time of inspection. Since the inspection report is based on a review of the work performed, the reports are typically only provided to the contractor. The department has limited staff and cannot process requests for electronic copies of the inspection reports when someone is not available on site at the time of inspection. We recommend that contractors maintain a plastic zip lock bag on site in which the inspector can drop off a copy of the inspection report. This is a convenient way to keep inspection reports together and available to the next inspector for review. 2 Should create a survey monkey for the permit Community Development will meet to Community Development Staff have gathered survey tools process to get regular feedback. discuss this issue and provide an update from other communities and have prepared a survey tool at a future meeting. that the Department can use. A Communications Coordinator just started, and this project will be forwarded to him for execution. Processing 3 Concerned with engineering reviews and Additional information on specific The Village has always reviewed plans for conformance to inspections being overly restrictive. engineering issues would be needed in the DuPage County Stormwater Ordinance and the Village order to allow further evaluation. Code. The stormwater checklist we use has been in place for Community Development staff will get many (15+) years. The Village of Glen Ellyn is a full-waiver together to discuss the topic in general community which is a benefit because it allows us to and provide an update at a future perform our own plan reviews. Our reviews are 10 business meeting. days, which are much quicker than the County. We contacted DuPage County and their reviews are 20 working days (4 weeks) for each review. We would need specific examples about this concern in order to respond further. 4 With the Senior Civil Engineer leaving, there are Community Development will meet to Prior to the full-time Civil Engineer, there was a part-time now consulting engineer costs added to the permit discuss this issue and provide an update Development Engineer supplemented by a private which increases overall cost. The additional at a future meeting. consulting engineer. Before that, the Village only used engineering consultant costs are disproportionate to consulting engineers. The Village has always passed on the the cost of the actual work. actual costs of the engineers to the applicant as we are not able to spend Village taxpayer dollars to benefit individual property owners or developers. 5 Consider a day, or half day, where there is an open Community Development will meet to The Department has only one plan reviewer who is table with a plan reviewer to look at plans and get discuss this issue and provide an update always available for on-the-spot approval of minor questions answered immediately. at a future meeting. projects. That said, our Planners, Plan Reviewer, Building and Fire Inspectors, and Building Official are available on a daily basis to answer questions at the permit counter. Page 12 of 64  Larger projects require additional time for review and code research, if necessary, which may not be the best use of time during a sit-down meeting. Code deficiencies are often missed by a reviewer as they try to complete the review in the course of an hour on other than simple projects. Additionally, most larger projects often require research or input from the Public Works Department and the Stormwater Engineer. The concept of open plan review meetings was implemented in the Village of Oak Park by Official Witt during his tenure there after becoming aware that the City of Evanston offered a similar program. The program quickly went from a series of 1-hour meetings held on two afternoons each week to 40+ hours a week. It became impossible to manage customer expectations as they felt that a permit should be issued on-the-spot at the end of each meeting regardless of project size, which unfairly pushed their projects ahead of other customers that waited in the review queue. Some customers became disgruntled when they had to wait beyond their appointment time while a reviewer was completing another review or when the review could not be completed within the designated time slot. We have always offered and encouraged customers to meet with us to perform initial reviews for general code compliance, particularly with respect to zoning, fire safety and accessibility concerns. We also respond to many emails and telephone calls on a daily basis from customers asking questions related to building or zoning codes. 6 Should create a map of the ‘informal flood-prone Community Development will meet to The Village has an internal document showing the location areas’ or ‘local depressional areas’ where additional discuss this issue and provide an update of known depressional areas. We will be asking a consultant engineering requirements are necessary and make it at a future meeting. to update this map and then will post it as a layer on the available to the public. Village’s interactive map on the Village website. Depending on the consultant’s schedule, this could take a couple months. 7 A builder explained that the last two new homes Community Development will meet to The Village pulled 5 single family home permits took 9 weeks and 13 weeks to permit and that is too discuss this issue and provide an update immediately prior to the BBA meeting for evaluation. One long. at a future meeting. of those included the builder who made this comment. 1. Approved in 29 days, 2 reviews, 14 days in Village hands Page 13 of 64  2. Approved in 59 days, 2 reviews, 15 days in Village hands 3. Approved in 80 days, 3 reviews, 20 days in Village hands 4. Approved in 52 days, 3 reviews, 19 days in Village hands 5. Approved in 34 days, 2 reviews, 15 days in Village hands Our standard review times are 10 days for the 1st review and 5 days for subsequent reviews. These examples were all during our peak period. 8 Re-reviews should be handled in-house by staff Community Development will meet to Generally, re-reviews are performed by the reviewer Plans Examiner. discuss this issue and provide an update that performed the initial review, whether in-house or by at a future meeting. TPI. If another reviewer picks up where the initial reviewer left off, it takes time for the second reviewer to acclimate themselves to the project so that they can understand the original plan review comments without taking them out of context. This additional time could be better used to perform reviews on other projects. All re-reviews are performed within a 5-day turnaround time, no matter who performs the review. We simply do not have the bandwidth to perform a re-review the same day that revised drawings are submitted. Additionally, if the staff reviewer becomes involved on a re-review, they may see additional items that need to be addressed which would only prolong the plan review process. 9 All the repeat standard comments should be added Community Development will meet to When there are minor items that need to be corrected or to a single place where the applicant can accept and discuss this issue and provide an update added to the drawings, the plan reviewer attaches sign off rather the Village sending review letters at a future meeting. stickers to the drawings to indicate what conditions need asking for minor details to be added to plans. Too to be met as a condition of the permit being issued. This much documentation is required. Why can’t the information is not intended to modify the drawings Village rely on the expertise, certifications and themself as the State does not allow anyone but the insurance of the licensed design professionals and design professional to modify their drawings. certified builders? Although we would expect that the most commonly missed items are picked up on the next project submitted for review, that does not often happen. We agree that the most commonly missed items could be listed on a separate handout which could be appended to the drawings with the sign-off by the design professional. Though we recognize the licensure of our local design professionals and the skill set of many of our local contractors, it is our charge to review documents submitted for compliance with the Village’s codes and ordinances that regulate construction. There is a margin of human error that we try to close by performing plan Page 14 of 64  reviews, albeit not all code deficiencies may be discovered in a plan review. Approximately 20% of all inspections, regardless of trade, fail inspection. Similarly, sometimes design professionals do not call out code requirements or misinterpret them. Identifying these discrepancies through our plan reviews while the project is still on paper, is less costly than needing to make corrections in the field when the work is inspected. 10 New homes and remodeling projects should be Community Development will meet to We believe this comment to be related to a requirement treated differently. There should be more flexibility discuss this issue and provide an update for plumbing riser diagrams to be provided during plan in rehabilitation projects where contractors don’t at a future meeting. review on remodeling projects. We understand the know what they are dealing with until they open up difficulty that this requirement poses and acknowledge it the walls. is impossible to know what some of our older homes hold inside their walls. Though we will work with TPI to determine how we can best resolve this issue, it should be noted that existing plumbing systems will still need to be brought up to code whenever walls are opened to perform work. 11 Four-hour inspection time windows are sometimes While the staff inspectors usually try to It is difficult to pin down tighter time frames for difficult for contractors, particularly with pre-pour accommodate these inspections, inspections as each inspection is provided with the full inspections. Community Development staff will meet attention of the Building Inspector who spends as much to review this issue and provide an time as necessary to perform the inspection and review update at a future meeting. results with contractors or homeowners on site. If we were to provide tighter timeframes, the likely result would be that many inspections would not be fully completed and require rescheduling which would cause delay of the work in progress. Unless requested otherwise by the contractor, pre-pour inspections are the first inspections performed each day. Rough roofing inspections are generally performed in the late morning or early afternoon to allow the work to progress to a point where the ice and water shield and flashing are in the process of being installed. The inspectors do their best to accommodate special requests for specific inspection times but cannot do that across the board. 12 There was concern raised over submittal documents Community Development will meet to We recognize that there have been times when a file has getting lost. discuss this issue and provide an update been lost, but that is a rare case considering the amount at a future meeting. of paperwork and electronic submissions we process each day. We do review each such case to determine where our system broke down and determine steps to improve our processes. 13 Plan reviewers should stop adding items after the Community Development will meet to We agree and strive to limit our plan reviews to one Page 15 of 64  initial plan review. discuss this issue and provide an update round as we do not have the bandwidth to continually at a future meeting. add comments to a project. This takes time and is exactly the reason why the open plan review process discussed under item 5 above often fails. One example we note involved a project where the furnace was moved from the basement to the attic after the initial plan review. This prompted additional review comments for items such as adding a light fixture in the attic, plumbing for the condensate removal, and duct insulation to separate it from the unconditioned attic. Often the responses to our plan review comments warrant additional questions or information to be provided. The best way to avoid this situation is to submit a comprehensive package including all required drawings, reports, manufacturer data sheets, etc. 14 Glen Ellyn’s permit costs are higher than in other Community Development will meet to In 2019, fees charged by surrounding communities were towns. discuss this issue and provide an update surveyed. We noted that there was no consistency at a future meeting. between communities on what work items required permits and what fees were charged therefor. Permit fees should be based on the cost of our providing services for plan review, permitting and inspections. With that in mind, the current Permit Fee and Deposit Schedule was developed after an extensive review of the Village’s cost to provide these services based on scope of work and project size. 15 The building staff needs more leeway to make Community Development will meet to Staff already has this authority, and we encourage them decisions on minor issues. discuss this issue and provide an update to make decisions on their own, particularly in the field. at a future meeting. However, when confronted with a situation where they are asked to approve something that is not code compliant, they seek the opinion of their supervisor. Each such case is reviewed amongst the staff to increase their knowledge base on the codes and for the inspectors to understand how to approach similar situations in the future. 16 All submittals should be completely electronic. Community Development will meet to The Munis software program we currently use is not discuss this issue and provide an update conducive to Department needs. Village staff have visited at a future meeting. Elmhurst and Lombard to view their electronic permit processes. We have interviewed a software company to see if their program might work better for our needs. This process will take some time, but we hope to implement some quick process enhancements this year that would Page 16 of 64  standardize electronic submittals. Personnel/Consultants 17 Contractors are having difficulties with TPI In-house inspectors wish to do Though it would be best to have the same inspector inspectors. It can be a different inspector every time. commercial inspections and not be perform all inspections on a given project, it is simply TPI inspectors are not consistent in code application limited to residential inspections only. not feasible as we need to utilize a third-party agency to and are not as customer oriented as staff inspectors. However, Community Development will perform inspections to cover for sicknesses, personal Would rather add staff inspectors than use TPI meet to further discuss this issue. time off and training for the inspectors. TPI, or some inspectors. Would prefer in-house inspectors do all other agency, will likely always perform some residential inspections and TPI do all commercial inspections since the Village does not have a licensed inspections. plumber on staff to perform inspection of plumbing work as required by the State. We do work with our third-party inspectors to have them understand our policies and procedures in an attempt to minimize any inconsistencies between them and our in-house staff. 18 Some TPI inspectors can’t/won’t give a time when Community Development will discuss We will have TPI call ahead to let contractors know the inspector will arrive. this with TPI and provide an update at a when they will likely arrive on site, but it should be future meeting. noted that the advance notice may not be accurate unless they only call when they are leaving the previous inspection. Since each inspection is unique, some inspections will take longer than others to complete; therefore, it is hard to predict exact arrival times well in advance of the inspection. 19 TPI should have a time limitation of 10 days for Community Development will meet to We monitor TPI plan review turnaround times to ensure plan reviews and stick to it. discuss this issue and provide an update the initial review timeframe of 10 business days is at a future meeting. adhered to. There are perhaps only one or two times a year that TPI reviews run past the 10 days, but usually that was because of internal issues that resulted in the submittal package not reaching TPI in a timely basis. The 10-day timeframe begins once the drawings reach TPI, not when they are dropped off at the permit counter. 20 The Village should hire a consultant to perform Community Development will meet to With one engineer on staff, the priority was to perform stormwater reviews in 10 days. discuss this issue and provide an update permit reviews to keep projects moving. Final grading at a future meeting. reviews to close out building permits were secondary with the limited staff. The consulting engineer does complete all plan reviews within 10 business days. Also, now that we are using a consulting firm, we have been able to keep up with final grading reviews. Weather, especially in winter, limits our ability to perform final grading inspections. Final grading is approved once groundcover is established. The Village’s worksheet does state that builders need to have final grading surveys in 5 days before the final inspection is scheduled. We only have 2 builders who regularly try to Page 17 of 64  meet that requirement. The others wait until the Village reminds them. We remind 9 out of 10 builders about this, which delays the permit close out and refunds. We can respond to specific issues if we are provided more information. 21 Building and Zoning Official takes a long time to Community Development will meet to The Building and Zoning Official recognizes the return emails and calls. discuss this issue and provide an update importance of timely responses to emails and phone at a future meeting. calls. He has set aside time before normal working hours on a daily basis to filter through emails and phone calls to provide more timely responses. 22 The Building and Zoning Official and Stormwater Community Development will meet to There are unique challenges in the Village related to Engineer overreach their authority by telling discuss this issue and provide an update drainage and each property is unique. The Village attempts contractors how to design things. at a future meeting. to assist customers in problem solving. Based on our experience, we know that some designs do not work. For some properties, neighbors or a prior property owner have complained about drainage issues, and we want to make sure the problems are not exacerbated by a nearby construction project. In those cases, the Village will offer suggestions. Staff is not asking for things that are not in the Village Code. Our team does not instruct or design. If there are specific issues, please bring them to the attention of Building and Zoning Official Witt or Director Springer. 23 The Village needs to review building inspector Community Development will meet to This comment was expressed at a time when the workload. The availability of construction discuss this issue and provide an update Property Maintenance Inspector position was vacant, inspections keeps getting pushed back further. at a future meeting. and the Building Inspectors were assisting in handling property maintenance complaints. Since then, we have hired a new Property Maintenance Inspector and the Building Inspectors are back to their regular duties. TPI is brought in on an as needed basis to help maintain short turn around times for requests for inspections. 24 TPI uses a licensed plumber to review architectural Community Development will meet to TPI has two main plan reviewers. Not only are they drawings. discuss this issue and provide an update each Illinois licensed plumbers, but they also both are at a future meeting. Master Code Professionals as certified by the International Code Council. That is the highest level of certification afforded by the International Code Council. It should be noted that there are only around 700 Master Code Professionals in the United States. Collectively, the two TPI plan reviewers have 58 certifications (see attached list) which cover all aspects of the International Codes. Rules & Regulations 25 Why is inspection of the trench necessary prior to Community Development will meet to All foundations need to be inspected to verify size, depth Page 18 of 64  framing? discuss this issue and provide an update and in the case of piers, that the bottoms are properly at a future meeting. belled to ensure the design soil bearing capacity is not exceeded. 26 Why is an ice and water shield inspection Community Development will meet to Many of the roofing contractors working within the necessary? Can we end this requirement? If it is discuss this issue and provide an update Village do not understand the requirement for how far necessary, why can’t the contractor take and submit at a future meeting. up a roof the ice and water shield needs to extend. photos? Inspections are necessary to verify the proper installation of the product and ultimately protect the homeowner. We have allowed contractors to submit photographs but unfortunately, when corrections are determined to be needed, the work is often completed. Having the inspector on site to make the required inspection helps to ensure a quality job has been performed to the benefit of the homeowner. The Department is developing a handout to help inform both the contractor and homeowner of roofing requirements. 27 If detached garages can be 3 feet from the property Community Development will evaluate Detached sheds and garages are not activity areas where line, why can’t A/C units and pergolas? The new the possibility of a code amendment to people congregate and make noise as with pergolas and A/C units are so quiet now. review setbacks for A/C units and gazebos. The greater setback for pergolas and gazebos provide an update on this item at a future serves to help protect the right of quiet enjoyment by meeting. adjacent property owners. Existing mechanical units can be replaced in the same location as long as they are shielded from view from the public right-of-way. 28 Why can’t downspouts be tied into the storm sewer? Public Works has been allowing more Stormwater sewers are designed to drain only the Village connections to the storm sewer where streets. They cannot drain all the land in the Village due to this is enough capacity in the storm line. this capacity limitation. Public Works does allow Community Development will meet to connections to the Village storm sewer system now on a discuss this issue and provide an update case-by-case basis. Each project is evaluated to make sure at a future meeting. the storm sewer capacity is not compromised. 29 Why is a stamped, engineered drawing necessary for Community Development will meet to Staff surveyed other communities on their requirements. retaining walls over three-feet high? Is it really discuss this issue and provide an update Most of those we surveyed do have similar requirements. necessary? This is not required in all towns. at a future meeting. Based on that research, staff is recommending that only walls greater than 48 inches tall be evaluated. Also, the review will not need to be performed by a structural engineer. Any licensed professional will be able to prepare the plan. 30 Plan reviewers should pick up the phone and call the Community Development will meet to Plan reviewers do contact design professionals and builder if there are questions rather than discuss this issue and provide an update contractors directly when there are simple items that immediately sending a letter out. So many issues at a future meeting. need to be discussed. But if the list of deficiencies is long, could be resolved by a phone call and the plan it is quicker on our end to prepare the review letter. If reviewer adding some approval notes to the plan. someone does not get back to us quickly, we may forget we are waiting on a follow up and then we are late with our review. By sending letters via email, we can manage Page 19 of 64 the review timeframe better. Page 20 of 64 TPI Plan Reviewer ICC Certifications Steve Tisinai Joseph Tisinai Residential Mechanical Inspector (expires 07/14/2024) Electrical Plans Examiner (expires 03/03/2028) Commercial Plumbing Inspector (expires 07/14/2024) Master Code Professional (expires 03/03/2028) Commercial Combination Inspector (expires 07/14/2024) Property Maintenance and Housing Inspector (expires 03/03/2028) Combination Inspector (expires 07/14/2024) Commercial Energy Inspector (expires 03/03/2028) Electrical Code Specialist (expires 07/14/2024) Commercial Combination Inspector (expires 03/03/2028) Mechanical Code Specialist (expires 7/14/2024) Combination Inspector (expires 03/03/2028) Plumbing Code Specialist (expires 07/14/2024) Residential Combination Inspector (expires 03/03/2028) Building Code Specialist (expires 07/14/2024) Electrical Code Specialist (expires 03/03/2028) Plumbing Inspector (expires 07/14/2024) Mechanical Code Specialist (expires 03/03/2028) Electrical Inspector (expires 07/14/2024) Plumbing Code Specialist (expires 03/03/2028) Mechanical Inspector (expires 07/14/2024) Building Code Specialist (expires 03/03/2028) Building Inspector (expires 07/14/2024) Mechanical Inspector (expires 03/03/2028) Commercial Electrical Inspector (expires 07/14/2024) Building Inspector (expires 03/03/2028) Residential Electrical Inspector (expires 07/14/2024) Electrical Inspector (expires 03/03/2028) Combination Plans Examiner (expires 07/14/2024) Plumbing Inspector (expires 03/03/2028) Plumbing Plans Examiner (expires 07/14/2024) Mechanical Plans Examiner (expires 03/03/2028) Commercial Mechanical Inspector (expires 07/14/2024) Residential Building Inspector (expires 03/03/2028) Certified Building Official (expires 07/14/2024) Residential Electrical Inspector (expires 03/03/2028) Building Plans Examiner (expires 07/14/2024) Commercial Plumbing Inspector (expires 03/03/2028) Master Code Professional (expires 07/14/2024) Plumbing Plans Examiner (expires 03/03/2028) Electrical Plans Examiner (expires 07/14/2024) Certified Building Official (expires 03/03/2028) Accessibility Inspector/Plans Examiner (expires 07/14/2024) Accessibility Inspector/Plans Examiner (expires 03/03/2028) Commercial Building Inspector (expires 07/14/2024) Combination Plans Examiner (expires 03/03/2028) Residential Building Inspector (expires 07/14/2024) Commercial Electrical Inspector (expires 03/03/2028) Mechanical Plans Examiner (expires 07/14/2024) Residential Plumbing Inspector (expires 03/03/2028) Residential Energy Inspector/Plans Examiner (expires Residential Mechanical Inspector (expires 03/03/2028) 07/14/2024) Residential Energy Inspector/ Plans Examiner (expires 03/03/2028) Residential Plumbing Inspector (expires 07/14/2024) Building Plans Examiner (expires 03/03/2028) Residential Combination Inspector (expires 07/14/2024) Commercial Building Inspector (expires 03/03/2028) Commercial Mechanical Inspector (expires 03/03/2028) Page 21 of 64  Glen Ellyn Building Board Meeting 5/18/2022 7:00 PM of Appeals Department: Community Development 535 Duane Street Department Head: Emily Rodman Glen Ellyn, IL 60137 Category: Discussion Item Prepared By: Steve Witt AGENDA ITEM (ID DOC ID: 2022-2250 # 2022-2250) Review of codes regulating contruction for potential adoption Statement of the Issue: Please see attached Analysis: N/A Budget Impact: N/A Action Requested: Aprove Attachments: 1. Staff Report - Building Codes Upgrade Meeting 7 - 051822 2. Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations 3. Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined) 4. Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean) 5. Attachment IFC-2 - Proposed Amendments (Redlined) 6. Attachment IFC-3 - Proposed Amendments (Clean) 7. Attachment IRC-2 - Proposed Amendments (Redlined) 8. Attachment IRC-3 - Proposed Amendments (Clean) Page 22 of 64  MEMORANDUM TO: Chairman Bredfeldt and Members of the Building Board of Appeals Kelley Kalinich, Trustee Liaison FROM: Steve Witt, Building & Zoning Official CC: DATE: May 13, 2022 RE: Building Codes Upgrade BBA Meeting 05/18/22 The next items for the Building Board of Appeals to consider at the meeting to be held on May 18, 2022, is the review of certain provisions of the Village Code which regulation construction. • Title 3 – Business Regulations, Chapter 40 Hotels • Title 4 – Building Regulations, Chapter 7 Stormwater and Floodplain Regulations Additionally, we will discuss a few code amendments that we feel are necessary after our further review of what the BBA has approved to date. A summary of the scope of the codes to be reviewed is below. We have prepared attachments related to each of this code which will assist us in walking through all the proposed amendments. Specifically, the attachments to this memorandum include the following: 1. A copy of the currently adopted amendments to the code being reviewed that are already in effect or approved for adoption. 2. A summary indicating the proposed changes. 3. A “Redlined” version of the current amendments indicating the addition, deletions or modification to the existing amendments that are proposed by staff for discussion and consideration by the BBA. 4. A “Clean” version of the combined existing and proposed amendments which eliminates the struck- thorough verbiage contained in the Redlined version to make for easier reading and reference. 5. Other attachments as deemed necessary to provide information for consideration by the BBA in their deliberation on the proposed code amendments. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Staff Report - Building Codes Upgrade Meeting 7 - 051822.docx Page 1 of 2 Page 23 of 64 Title 3 – Business Regulations, Chapter 40 Hotels The Hotel Ordinance requires inspections of each rental dwelling unit, the common areas and the property exterior. Over past few years there have been few conditions noted at the Crowne Plaza and the Inn at Water’s Edge properties that have required corrections. Conditions of the rental dwelling units at Crowne Plaza and Inn at Water’s Edge have never been of concern. Conditions previously noted for correction at those properties were generally related to fire safety and these would be addressed during the annual fire safety inspections. With that in mind and considering these two hotels are the only ones remaining in the Village, we recommend that the number of dwelling units be reduced from the current 100 percent of units to 5 percent to reduce the disruption of rooms already made ready for occupancy or currently occupied yet allow for random inspections of the dwelling units. In the event that significant violations are discovered within the randomly sampled 5 percent of units, additional units would be inspected. This proposed change is redlined in Attachment VC-2. Title 4 – Building Regulations, Chapter 7 Stormwater and Floodplain Regulations The DuPage County Countywide Stormwater and Flood Plain Ordinance definition of “substantial improvement” is proposed to be amended. This is an improved definition that complies with National Flood Insurance Program (NFIP) requirements and also puts a limit on the amount of time over which we calculate substantial improvements (instead of going back and accumulating the value of the improvements over the life of the structure. This proposed change is redlined in Attachment VC-2. Fire Code Minor text amendments are proposed for the section related to outdoor burning. The request made at the 4/20/22 meeting for the BBA to consider increasing the threshold amounts for hard cost in remodeling and alteration projects by 35 percent was reviewed. A short presentation will be provided to explain our findings and subsequent recommendation. Proposed changes are redlined in Attachment IFC-2. Residential Code Several changes to the proposed amendments are offered in response to discussion held at the 4/20/22 BBA meeting. Proposed changes are redlined in Attachment IRC-2. Recommendation: 1. We recommend that the Building Board of Appeals approve a motion to adopt the proposed amendments as may be amended through discussion at the May 18, 2022, meeting. Att: Attachment VC-1: Title 3 Hotels, Title 4 Building Regulations (Existing) Attachment VC-2: Title 3 Hotels, Title 4 Building Regulations (Redlined) Attachment VC-3: Title 3 Hotels, Title 4 Building Regulations (Clean) Attachment IFC-2: Fire Code – Proposed Amendments (Redlined) Attachment IFC-3: Fire Code – Proposed Amendments (Clean) Attachment IRC-2: Residential Code – Proposed Amendments (Redlined) Attachment IRC-3: Residential Code – Proposed Amendments (Clean) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Staff Report - Building Codes Upgrade Meeting 7 - 051822.docx Page 2 of 2 Page 24 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations TITLE 3 - BUSINESS REGULATIONS Chapter 40 HOTELS 3-40-1. Intent and purpose. The purpose of this chapter is to promote the health, safety and welfare of the hotel occupants, Village residents, and the general public by providing for the licensing to own and operate hotel properties, buildings, and rental units, and to require the periodic inspection of the premises to ensure it meets the minimum standards established by this chapter, this Code, Glen Ellyn ordinances, the DuPage County code of ordinances, and state and federal laws, rules, and regulations pertaining to hotel properties. (Ord. 6163, 9-9-2013) 3-40-2. Definitions. COOKING FACILITIES: A kitchen within a rental unit that includes a sink fixture, cooking appliance, and refrigeration appliance and meets the minimum area and workspace requirements specified for a dwelling unit in the ICC International Building Code currently adopted by the Village. EXTENDED STAY RENTAL UNIT: A space within a hotel intended and designed for temporary occupancy containing a living and sleeping area, and sanitation and cooking facilities and the rental agreement includes a rental rate generally for five days or longer. HOTEL: Any hotel, motel, inn, or other commercial building containing transient and extended stay units rented for a limited period and designed, intended, or used for temporary living and sleeping purposes and provided with housekeeping services, utilities and on site parking. HOTEL LICENSE: A document issued, and annually renewed, by the Village of Glen Ellyn that permits the operation of a hotel within the Village limits. MANAGER AND/OR OPERATOR: Any person, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee, or agent, who manages the business operations of any hotel and may assign units, offer and collect rents, control access to units, directs employees, or oversees security and maintenance of the property. OWNER: Any person, agent, firm, or corporation having a legal or equitable interest in the property, or holding title to the property, or otherwise having control of the property, including the guardian, executor or administrator of the estate of such person. The owner shall be responsible for the conduct of the Manager and all employees while on the premises, and any act or omission of the manager or any employee constituting a violation of the provisions of this chapter or other applicable laws shall be deemed the act or omission of the owner for the purpose of determining whether the hotel license shall be renewed, suspended, or revoked. SANITATION FACILITIES: A bathroom within a rental unit that includes a water closet, lavatory, and bathtub or shower that meets the minimum requirements specified in the ICC International Residential Code currently adopted by the Village. TRANSIENT RENTAL UNIT: A space intended and designed for temporary occupancy containing a living and sleeping area and sanitation facilities and the rental agreement includes a daily occupancy and rental rate. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 1 of 11 Page 25 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations 3-40-3. License required. (A) It shall be unlawful to rent transient or extended stay rental units for occupancy and operate a hotel within the Village limits without a hotel license issued by the Village of Glen Ellyn to the current property owner. A separate license shall be required for each hotel property with no exception for hotel properties under common ownership or management. The following properties are exempt from these license requirements: 1. Condominiums as declared under the Illinois Condominium Act. 2. Apartments generally designed and intended for a continuous occupancy of six months or more, where actual unit utility costs are charged to the occupant and where unit housekeeping services are not provided. 3. Assisted living homes, nursing homes, long term care facilities, convalescent homes, or other facilities providing care to persons with mental health or developmental disabilities and licensed under state law. 4. Properties owned and managed by governmental housing authorities. 5. Single-family and two-family (duplex) dwellings and townhomes. (B) All existing hotels in the Village of Glen Ellyn that are currently in operation are required to submit an application for a hotel license to the Village of Glen Ellyn no later than January 9, 2013. Rental units that are occupied on September 9, 2013, and are in compliance with all requirements in this chapter, may continue to be occupied by the current residents but not longer than the occupancy period permitted in subsection 3-40- 9(A) or (B) of this chapter. Vacant noncompliant rental units may not be occupied until they are brought into compliance with the requirements in this chapter. (Ord. 6163, 9-9-2013) 3-40-4. License application. An application for a hotel license shall be filed in accordance with sections 3-1-2, 3-1-3, and 3-1-4 of this title and with the Community Development Director. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-5. License investigation and inspection. An investigation and inspection of the property is required upon receipt of a hotel license application and shall be completed in accordance with sections 3-1-5 and 3-1-12 of this title. The application of a hotel license shall constitute, but not be limited to, the consent of the applicant and owner to an investigation and inspection of the entire premises including, but not limited to, all rental units, common areas, and service, equipment and storage spaces within buildings, building exteriors, the roof, and the site, at reasonable times by Code Enforcement Officers, Building Inspectors, Sanitarian Inspectors, Fire Inspectors, or other authorities with jurisdiction for the purpose of determining compliance with the provisions of all applicable codes, ordinances, laws, rules, and regulation pertaining to hotel properties. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 2 of 11 Page 26 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations 3-40-6. License fee. The hotel license fees shall be paid in accordance with section 3-1-6 of this title. The hotel license application fee and each annual hotel license renewal fee shall be $300.00 plus $10.00 for each rental unit on the property. These fees include one inspection and one reinspection of all required corrective work. Additional reinspections may be required until all corrective work is complete and approved and a reinspection fee of $100.00 shall be charged for each additional reinspection after the first reinspection. The annual hotel license fee is due and shall be paid if the annual investigation and inspection is not completed under the exception permitted in subsection 3-40-11(B) of this chapter. (Ord. 6163, 9-9-2013) 3-40-7. License issuance. After receipt of all required information, approval of all investigations and inspections, and payment of the applicable fee, a hotel license will be issued to the hotel owner. The issuance of a hotel license may be denied if one or more of the following conditions exists: (A) The manager or owner failed to supply all of the information requested and required to act on the application. (B) The manager or owner gave materially false, fraudulent or untruthful information on the application. (C) The manager or owner has not fully complied with provisions in this chapter or any other federal, state or local laws and regulations affecting the conduct of business or the health and safety of the hotel occupants and the public. (D) The manager or owner has had a license revoked pursuant to the provisions of this chapter for the same business or same type of business. (E) The manager or owner is not at least 21 years of age. (F) The manager or owner has been convicted of a felony within the last ten years or any criminal offense involving a crime or moral turpitude within the last ten years. (G) The manager or owner is delinquent on any debt owed to the Village. (H) The premises are not in a clean, sanitary and safe condition. (I) The manager or owner knowingly allowed criminal activity to occur on the premises and failed to take corrective action or failed to contact enforcement officials. (J) The property is found upon investigation and inspection to be not in compliance with all provisions of this chapter and all other applicable Village Codes, ordinances, rules and regulations, and the laws of the State of Illinois. (Ord. 6163, 9-9-2013) 3-40-8. Posting of documents. The hotel license shall be posted in accordance with section 3-1-14 of this title and the following additional information must also be posted: X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 3 of 11 Page 27 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations (A) Rental unit rates, that may include a range of rates, shall be posted in a prominent location in all rental units and occupants shall not be charged in excess of the posted rates. (B) Emergency telephone numbers and addresses of the Village of Glen Ellyn Police Department, Building Division, and Fire Company shall be posted in a prominent location in all rental units and in public reception areas. (Ord. 6163, 9-9-2013) 3-40-9. Occupancy requirements. (A) It shall be unlawful for any person to occupy a transient rental unit(s) for more than 60 days within any six month period except as follows: 1. Where there is a written contract or document between a hotel and a business, corporation, firm, individual or government agency to house employees or individuals; 2. Where there is written employer confirmation that the occupant is employed and engaged in local business that requires his personal attendance for an extended period; 3. Where there is a written contract between the hotel and a governmental, charitable or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable or insurance agency; or 4. Where the Building and Zoning Official authorizes in writing, after consultation with the Director of Community Development, a stay for up to 90 days to prevent residents from becoming homeless. In the event that appropriate alternative housing cannot be provided within 90 days, the period may be extended by the Building and Zoning Official. (B) It shall be unlawful for any person to occupy an extended stay rental unit(s) for more than 365 days within any two-year period. (C) In the event any persons occupy a rental unit for more than the maximum number of days permitted in subsection (A) or (B) of this section, the manager or owner shall diligently pursue all appropriate and legal actions required to evict such persons from the rental unit. (D) It shall be unlawful for the owner or manager to allow occupancy of a rental unit to a person under a different or fictitious name to avoid the occupancy requirements. (E) The owner or manager shall maintain an accurate and complete register of each rental unit for not less than two years and make the register available to Village officials upon request at any reasonable time. The register shall include the following information: 1. The name and permanent address of the person renting the unit. 2. The dates of occupancy including check in and check out times and room number. 3. A driver's license number or vehicle registration number, state of registration, and make and model of any vehicle operated on hotel property. 4. The name of each person occupying the rental unit. 5. The amount of the bill and method of payment. (F) The owner or manager shall not knowingly rent, allow, or permit any unit or space on the premises to be used for any illegal purpose including, but not limited to: 1. Prostitution activities. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 4 of 11 Page 28 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations 2. Gambling activities. 3. Drug use, sale, or manufacturing. (G) It shall be unlawful for an owner or manager to rent or permit occupancy of a rental unit to a person less than 18 years of age. (H) It shall be unlawful for an owner or manager to rent or permit occupancy of a rental unit to a person more than once between the hours of 6:00 p.m. to 6:00 a.m. except with a prior reservation and a necessary business purpose. (I) It shall be unlawful for an owner or manager to permit the person renting the unit to sublease, sublet, or otherwise allow the use of the rental unit to persons other than the registered occupants. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-10. Property requirements. (A) The hotel premises shall comply with all provisions of this Code, Glen Ellyn ordinances, the DuPage County code of ordinances, and all state and federal laws, rules, and regulations pertaining to hotel properties. (B) The hotel premises shall be maintained in a clean, sanitary, and safe condition and areas accessible to rental unit occupants and the public shall be safely illuminated at all times they are open to use. (C) The hotel premises shall be heated by space heating systems capable of maintaining a minimum temperature of not less than 65 degrees Fahrenheit when the outdoor temperature is above zero degrees Fahrenheit, and 60 degrees Fahrenheit when the outdoor temperature is below zero degrees Fahrenheit, in all common areas and habitable spaces including rental unit living and sleeping areas, kitchens, and bathrooms. Occupancy is prohibited in any rental unit where the minimum temperature is not continually maintained. (D) Every rental unit shall be provided with housekeeping services each day they are occupied, and daily cleaning schedules shall be generated and used to ensure that clean and sanitary conditions are maintained. Daily cleaning schedules for the prior 30 days shall be retained and made available to Village officials upon request at reasonable times. Any occupant may decline some or all housekeeping services. (E) The owner or manager shall be responsible to provide housekeeping services and to maintain, or cause to be maintained, the following conditions in all rental units: 1. Mattresses shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary nondefective structural condition. 2. Bedding shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be cleaned or replaced upon a change of occupancy and each day the rental unit is occupied unless otherwise requested by the occupant. Bedding shall be cleaned with appropriate sanitizing products and methods to ensure disinfection. 3. Bath towels, cloths and mats shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be cleaned or replaced upon a change of occupancy and each day the rental unit is occupied unless otherwise requested by the occupant. Bath towels, cloths and mats shall be cleaned with appropriate sanitizing products and methods to ensure disinfection. 4. Bathroom fixtures shall be maintained without cracks, chips, or stains. Floors and fixtures shall be cleaned with appropriate sanitizing products and methods to ensure disinfection each day the rental unit is occupied or at least once a week when occupancy does not change. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 5 of 11 Page 29 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations 5. Carpets shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be vacuumed clean each day the unit is occupied and maintained in a sanitary, nondefective condition. 6. Floor surfaces other than carpeting shall be made of nonabsorbent material and all surfaces and tile grout shall be maintained without cracks, rips, or missing elements. 7. Wall surfaces shall be maintained without spots, stains, flakes, chips, holes, etc., and be maintained in a clean and sanitary condition. 8. All floor, wall and ceiling surfaces, windows, shower curtains and doors, appliances, fixtures, and furnishings shall be maintained free of mold, mildew, or decay. 9. All appliances, equipment, and furnishings including electrical receptacles, smoke alarms, fire detectors, televisions, and lighting fixtures, shall be maintained in complete and proper operating condition. 10. All window treatments including drapes, blinds and shades shall be sized to cover the entire window, made of opaque material, and maintained in proper operating and sanitary condition without stains, holes, rips or odors in excess of normal wear and tear. 11. All operable windows shall be provided with insect screens properly secured in their frame, free from holes and rips, and in proper operating condition. 12. The entry door to every rental unit shall be provided with a view port or window that allows the occupant to see the area immediately outside the unit. 13. The entry door to every rental unit shall be provided with a security lock and maintained in complete and proper operating condition. 14. All rental units shall be maintained free of rodents, insects and vermin infestation and free from conditions that encourage or harbor rodents, insects, and vermin and comply with the applicable provisions for pest elimination in the currently adopted ICC International Property Maintenance Code. (F) No cooking activity or appliance shall be permitted within a transient rental unit except a coffeemaker and a microwave oven is permitted when operated in accordance with the product manufacturer's requirements. (G) The owner shall provide pest extermination services as necessary to rid a unit or the premises of pest infestations and shall keep a record of the type of service, the service provider, and the date and location where the service was performed. This record shall be made available to Village officials upon request at reasonable times. In the event a pest infestation is a hazard to public health, as determined by Village officials, the occupants shall be ordered to vacate the unit or premises and the occupancy shall be temporarily revoked until the unit or premises are brought into compliance. (H) If the owner or the manager fails to abate or correct existing conditions that are in violation of the provisions of this chapter or other applicable laws after due notice is given and reasonable opportunity is afforded, the Village may take the necessary and required actions to correct violations to protect the health, safety and welfare of the public. Costs for any abatement performed by, or on behalf of the Village, including the cost of Police services provided and including the relocation of occupants of the property, shall be recoverable by the Village. Expenses incurred by the Village pursuant to this chapter shall be charged to the owner of the property on which the work is done or improvements made, or charged against the real estate and attached as a lien. (I) A rental unit may not be used for any purpose other than temporary living and sleeping purposes, and no rental unit shall become unavailable for use or allowed to remain uninhabitable unless the rental unit is in the process of construction, alteration, repair, redecoration, extermination, evacuation, occupancy X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 6 of 11 Page 30 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations revocation, or similar activity, and prompt and effective efforts are made to restore the rental unit to habitable and usable conditions. (Ord. 6163, 9-9-2013) 3-40-11. Property investigations and inspections. All investigations and inspections of hotel properties by the Village of Glen Ellyn shall be conducted in accordance with sections 3-1-5 and 3-1-12 of this title and as follows: (A) An annual property investigation and inspection shall be conducted of the entire premises including, but not limited to, all rental units, common areas, and service, equipment and storage spaces within buildings, all building exteriors, and the site, at reasonable times by Village representatives for the purpose of determining compliance with the provisions of all applicable codes, ordinances, laws, rules, and regulation pertaining to hotel properties. (B) An annual property investigation and inspection shall not be conducted the year following an annual property investigation and inspection that resulted in an inspection report listing no violations of the requirements of this chapter or other applicable codes and regulations. (C) The owner or manager shall receive an inspection report from a Village representative that identifies any discovered violations and determines a reasonable date for reinspection by which time the violations must be corrected. (D) Special inspections of the premises may be conducted upon receipt of a complaint from any person, occupant, or any authority with jurisdiction, or if there is probable cause that any person or portion of the premises may be in violation of the provisions of this chapter or any applicable law. With reasonable prior notice and upon presentation of proper identification to a rental unit occupant, a Village representative may enter a rental unit with the occupant's permission and conduct an inspection. In the event entry is denied, the Village of Glen Ellyn may revoke occupancy and order the rental unit to be vacated or pursue other remedies provided by law to gain entry. (E) In cases of emergency, where a Village representative has reasonable cause to believe an extreme hazard exists which is known to cause imminent injury to a person, loss of life, or severe property damage, and upon presentation of proper identification, the Village representative may enter any space or occupied rental unit without permission. (F) No vacant rental unit may be rented to or occupied by any person until any and all violations identified on an inspection report have been corrected, reinspected and approved by the Village of Glen Ellyn. (G) Upon request from the owner or manager, and after the work necessary to correct all violations has been completed, inspected and approved, a Village representative shall issue to the owner or manager written confirmation that the violations identified in the inspection report have been corrected. This written confirmation does not represent, insure, warrant, or guaranty to any owner, manager, lessor, agent, attorney, lender, or insurer that no other violations exist or that the inspection report includes all existing violations at the time of inspection. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 7 of 11 Page 31 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations 3-40-12. Nuisances. A hotel shall be operated in a manner that does not cause a nuisance in accordance with section 3-1-11 of this title. The owner and manager shall not rent or permit the use of a building or premises for any business, pleasure or recreation which, by its boisterous nature, disturbs or destroys the peace of a neighborhood or is dangerous or detrimental to health. (Ord. 6163, 9-9-2013) 3-40-13. License termination and renewal. A hotel license shall terminate 12 months after the date of issuance unless the required hotel license renewal fee is received prior to the termination date. No hotel license renewal shall be issued unless the annual investigation and inspection has been completed and approved, or unless the annual investigation and inspection has been deferred as permitted in subsection 3-40-11(B) of this chapter. (Ord. 6163, 9-9-2013) 3-40-14. License transfer. A hotel license shall not be transferable or assignable from one person, firm, partnership, corporation or entity to another person, firm, partnership, corporation or entity. A hotel license shall be purely a personal privilege and shall not constitute property, nor shall it be subject to attachment, garnishment or execution. (Ord. 6163, 9-9-2013) 3-40-15. License suspension, revocation or denial. A hotel license may be suspended or revoked and a license application may be denied as determined by the Community Development Director for failure to meet the requirements and conditions specified in this chapter, this Code, or any applicable rules and regulations established by other agencies with jurisdiction. The hotel license owner or applicant shall be given written notice specifying the reasons and cause for suspension, revocation or denial. In the case of suspension, the written notice shall specify the period of suspension and the conditions on which the license suspension can be withdrawn upon remedial action taken by the owner. The owner or applicant may appeal the Community Development Director's decision to suspend, revoke or deny a hotel license. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-16. Appeals. Any person may contest or dispute the Community Development Director's decision to suspend, revoke or deny a hotel license by requesting an administrative hearing in accordance with the procedures and requirements specified in title 1, chapter 11 of this Code. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) Created: 2022-04-24 20:10:47 [EST] (Supp. No. 9, Update 1) Page 8 of 11 Page 32 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations 3-40-17. Violation penalties. The penalty for failing to pay the hotel license renewal fee shall be in accordance with section 3-1-15 of this title. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 9 of 11 Page 33 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations TITLE 4 BUILDING REGULATIONS Chapter 1 BUILDING CODE 4-1-1. Short title. This chapter shall be known as and may be called the Building Code of Glen Ellyn. (Ord. 3129, 8-26-1985, eff. 10-1-1985) 4-1-2. Purpose. The purpose of this chapter is to: (A) Prescribe the strength and manner of constructing all buildings, structures and their accessories and of the construction of fire escapes thereon; (B) Adopt the provisions, as amended herein, of the 2009 ICC International Building Code; (C) Adopt the provisions, as amended herein, of the 2009 ICC International Mechanical Code; (D) Adopt the provisions, as amended herein, of the 2009 ICC International Residential Code; (E) Adopt the provisions, as amended herein, of the 2009 ICC International Energy Conservation Code; (F) Adopt the provisions, as amended herein, of the 2009 ICC International Property Maintenance Code; (G) Adopt the provisions, as amended herein, of the 2009 ICC International Fuel Gas Code; (H) References: 1. Whenever the ICC International Codes reference the ICC Electrical Code, the provisions of the currently adopted NFPA 70 National Electrical Code shall apply. 2. Whenever the ICC International Codes reference the ICC Plumbing Code, the provisions of the currently adopted IDPH Illinois Plumbing Code shall apply. 3. Whenever the ICC International Codes reference the ICC existing Building Code, the provisions of the currently adopted ICC International Codes and the NFPA 101 Life Safety Code shall apply. (Ord. 5214, 12-15-2003, eff. 3-1-2004; Ord. 5995, 5-14-2012, eff. 6-1-2012; Ord. 5996, 1-30-2012, eff. 3-1-2012) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 10 of 11 Page 34 of 64 Attachment VC-1 Village Code - Existing Amendments Title 3 Hotels, Title 4 Building Regulations TITLE 4 BUILDING REGULATIONS Chapter 7 - STORMWATER AND FLOODPLAIN REGULATIONS 4-7-2. - Adoption of the DuPage Countywide Stormwater and Flood Plain Ordinance, as last amended by the DuPage County Board on May 14, 2019. Appendix A, Definitions of the DuPage County Countywide Stormwater and Flood Plain Ordinance. Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building, the cost of which improvement equals or exceeds, individually or in the aggregate, 50 percent of the fair market value of the building, determined from the equalized assessed value of the building, before the start of construction of the improvement or, if the building has been damaged, before the damage occurred. The term "cost of improvement" includes the value of volunteer labor and donated materials. The term "cost of Appendix A Page 110 of 125 improvement" does not, however, include either (1) any development for improvement of a building to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions or (2) any alteration of a historic building that will not preclude the building's continued designation as a historic building. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-1 -Existing Amendments - Title 3 Hotels - Title 4 Buildng Regulations.docx Page 11 of 11 Page 35 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations TITLE 3 - BUSINESS REGULATIONS Chapter 40 HOTELS 3-40-1. Intent and purpose. The purpose of this chapter is to promote the health, safety and welfare of the hotel occupants, Village residents, and the general public by providing for the licensing to own and operate hotel properties, buildings, and rental units, and to require the periodic inspection of the premises to ensure it meets the minimum standards established by this chapter, this Code, Glen Ellyn ordinances, the DuPage County code of ordinances, and state and federal laws, rules, and regulations pertaining to hotel properties. (Ord. 6163, 9-9-2013) 3-40-2. Definitions. COOKING FACILITIES: A kitchen within a rental unit that includes a sink fixture, cooking appliance, and refrigeration appliance and meets the minimum area and workspace requirements specified for a dwelling unit in the ICC International Building Code currently adopted by the Village. EXTENDED STAY RENTAL UNIT: A space within a hotel intended and designed for temporary occupancy containing a living and sleeping area, and sanitation and cooking facilities and the rental agreement includes a rental rate generally for five days or longer. HOTEL: Any hotel, motel, inn, or other commercial building containing transient and extended stay units rented for a limited period and designed, intended, or used for temporary living and sleeping purposes and provided with housekeeping services, utilities and on site parking. HOTEL LICENSE: A document issued, and annually renewed, by the Village of Glen Ellyn that permits the operation of a hotel within the Village limits. MANAGER AND/OR OPERATOR: Any person, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee, or agent, who manages the business operations of any hotel and may assign units, offer and collect rents, control access to units, directs employees, or oversees security and maintenance of the property. OWNER: Any person, agent, firm, or corporation having a legal or equitable interest in the property, or holding title to the property, or otherwise having control of the property, including the guardian, executor or administrator of the estate of such person. The owner shall be responsible for the conduct of the Manager and all employees while on the premises, and any act or omission of the manager or any employee constituting a violation of the provisions of this chapter or other applicable laws shall be deemed the act or omission of the owner for the purpose of determining whether the hotel license shall be renewed, suspended, or revoked. SANITATION FACILITIES: A bathroom within a rental unit that includes a water closet, lavatory, and bathtub or shower that meets the minimum requirements specified in the ICC International Residential Code currently adopted by the Village. TRANSIENT RENTAL UNIT: A space intended and designed for temporary occupancy containing a living and sleeping area and sanitation facilities and the rental agreement includes a daily occupancy and rental rate. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 1 of 11 Page 36 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations 3-40-3. License required. (A) It shall be unlawful to rent transient or extended stay rental units for occupancy and operate a hotel within the Village limits without a hotel license issued by the Village of Glen Ellyn to the current property owner. A separate license shall be required for each hotel property with no exception for hotel properties under common ownership or management. The following properties are exempt from these license requirements: 1. Condominiums as declared under the Illinois Condominium Act. 2. Apartments generally designed and intended for a continuous occupancy of six months or more, where actual unit utility costs are charged to the occupant and where unit housekeeping services are not provided. 3. Assisted living homes, nursing homes, long term care facilities, convalescent homes, or other facilities providing care to persons with mental health or developmental disabilities and licensed under state law. 4. Properties owned and managed by governmental housing authorities. 5. Single-family and two-family (duplex) dwellings and townhomes. (B) All existing hotels in the Village of Glen Ellyn that are currently in operation are required to submit an application for a hotel license to the Village of Glen Ellyn no later than January 9, 2013. Rental units that are occupied on September 9, 2013, and are in compliance with all requirements in this chapter, may continue to be occupied by the current residents but not longer than the occupancy period permitted in subsection 3-40- 9(A) or (B) of this chapter. Vacant noncompliant rental units may not be occupied until they are brought into compliance with the requirements in this chapter. (Ord. 6163, 9-9-2013) 3-40-4. License application. An application for a hotel license shall be filed in accordance with sections 3-1-2, 3-1-3, and 3-1-4 of this title and with the Community Development Director. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-5. License investigation and inspection. An investigation and inspection of the property is required upon receipt of a hotel license application and shall be completed in accordance with sections 3-1-5 and 3-1-12 of this title. The application of a hotel license shall constitute, but not be limited to, the consent of the applicant and owner to an investigation and inspection of the entire premises including, but not limited to, all rental units, common areas, and service, equipment and storage spaces within buildings, building exteriors, the roof, and the site, at reasonable times by Code Enforcement Officers, Building Inspectors, Sanitarian Inspectors, Fire Inspectors, or other authorities with jurisdiction for the purpose of determining compliance with the provisions of all applicable codes, ordinances, laws, rules, and regulation pertaining to hotel properties. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 2 of 11 Page 37 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations 3-40-6. License fee. The hotel license fees shall be paid in accordance with section 3-1-6 of this title. The hotel license application fee and each annual hotel license renewal fee shall be $300.00 plus $10.00 for each rental unit on the property. These fees include one inspection and one reinspection of all required corrective work. Additional reinspections may be required until all corrective work is complete and approved and a reinspection fee of $100.00 shall be charged for each additional reinspection after the first reinspection. The annual hotel license fee is due and shall be paid if the annual investigation and inspection is not completed under the exception permitted in subsection 3-40-11(B) of this chapter. (Ord. 6163, 9-9-2013) 3-40-7. License issuance. After receipt of all required information, approval of all investigations and inspections, and payment of the applicable fee, a hotel license will be issued to the hotel owner. The issuance of a hotel license may be denied if one or more of the following conditions exists: (A) The manager or owner failed to supply all of the information requested and required to act on the application. (B) The manager or owner gave materially false, fraudulent or untruthful information on the application. (C) The manager or owner has not fully complied with provisions in this chapter or any other federal, state or local laws and regulations affecting the conduct of business or the health and safety of the hotel occupants and the public. (D) The manager or owner has had a license revoked pursuant to the provisions of this chapter for the same business or same type of business. (E) The manager or owner is not at least 21 years of age. (F) The manager or owner has been convicted of a felony within the last ten years or any criminal offense involving a crime or moral turpitude within the last ten years. (G) The manager or owner is delinquent on any debt owed to the Village. (H) The premises are not in a clean, sanitary and safe condition. (I) The manager or owner knowingly allowed criminal activity to occur on the premises and failed to take corrective action or failed to contact enforcement officials. (J) The property is found upon investigation and inspection to be not in compliance with all provisions of this chapter and all other applicable Village Codes, ordinances, rules and regulations, and the laws of the State of Illinois. (Ord. 6163, 9-9-2013) 3-40-8. Posting of documents. The hotel license shall be posted in accordance with section 3-1-14 of this title and the following additional information must also be posted: (A) Rental unit rates, that may include a range of rates, shall be posted in a prominent location in all rental units and occupants shall not be charged in excess of the posted rates. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 3 of 11 Page 38 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations (B) Emergency telephone numbers and addresses of the Village of Glen Ellyn Police Department, Building Division, and Fire Company shall be posted in a prominent location in all rental units and in public reception areas. (Ord. 6163, 9-9-2013) 3-40-9. Occupancy requirements. (A) It shall be unlawful for any person to occupy a transient rental unit(s) for more than 60 days within any six month period except as follows: 1. Where there is a written contract or document between a hotel and a business, corporation, firm, individual or government agency to house employees or individuals; 2. Where there is written employer confirmation that the occupant is employed and engaged in local business that requires his personal attendance for an extended period; 3. Where there is a written contract between the hotel and a governmental, charitable or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable or insurance agency; or 4. Where the Building and Zoning Official authorizes in writing, after consultation with the Director of Community Development, a stay for up to 90 days to prevent residents from becoming homeless. In the event that appropriate alternative housing cannot be provided within 90 days, the period may be extended by the Building and Zoning Official. (B) It shall be unlawful for any person to occupy an extended stay rental unit(s) for more than 365 days within any two-year period. (C) In the event any persons occupy a rental unit for more than the maximum number of days permitted in subsection (A) or (B) of this section, the manager or owner shall diligently pursue all appropriate and legal actions required to evict such persons from the rental unit. (D) It shall be unlawful for the owner or manager to allow occupancy of a rental unit to a person under a different or fictitious name to avoid the occupancy requirements. (E) The owner or manager shall maintain an accurate and complete register of each rental unit for not less than two years and make the register available to Village officials upon request at any reasonable time. The register shall include the following information: 1. The name and permanent address of the person renting the unit. 2. The dates of occupancy including check in and check out times and room number. 3. A driver's license number or vehicle registration number, state of registration, and make and model of any vehicle operated on hotel property. 4. The name of each person occupying the rental unit. 5. The amount of the bill and method of payment. (F) The owner or manager shall not knowingly rent, allow, or permit any unit or space on the premises to be used for any illegal purpose including, but not limited to: 1. Prostitution activities. 2. Gambling activities. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 4 of 11 Page 39 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations 3. Drug use, sale, or manufacturing. (G) It shall be unlawful for an owner or manager to rent or permit occupancy of a rental unit to a person less than 18 years of age. (H) It shall be unlawful for an owner or manager to rent or permit occupancy of a rental unit to a person more than once between the hours of 6:00 p.m. to 6:00 a.m. except with a prior reservation and a necessary business purpose. (I) It shall be unlawful for an owner or manager to permit the person renting the unit to sublease, sublet, or otherwise allow the use of the rental unit to persons other than the registered occupants. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-10. Property requirements. (A) The hotel premises shall comply with all provisions of this Code, Glen Ellyn ordinances, the DuPage County code of ordinances, and all state and federal laws, rules, and regulations pertaining to hotel properties. (B) The hotel premises shall be maintained in a clean, sanitary, and safe condition and areas accessible to rental unit occupants and the public shall be safely illuminated at all times they are open to use. (C) The hotel premises shall be heated by space heating systems capable of maintaining a minimum temperature of not less than 65 degrees Fahrenheit when the outdoor temperature is above zero degrees Fahrenheit, and 60 degrees Fahrenheit when the outdoor temperature is below zero degrees Fahrenheit, in all common areas and habitable spaces including rental unit living and sleeping areas, kitchens, and bathrooms. Occupancy is prohibited in any rental unit where the minimum temperature is not continually maintained. (D) Every rental unit shall be provided with housekeeping services each day they are occupied, and daily cleaning schedules shall be generated and used to ensure that clean and sanitary conditions are maintained. Daily cleaning schedules for the prior 30 days shall be retained and made available to Village officials upon request at reasonable times. Any occupant may decline some or all housekeeping services. (E) The owner or manager shall be responsible to provide housekeeping services and to maintain, or cause to be maintained, the following conditions in all rental units: 1. Mattresses shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary nondefective structural condition. 2. Bedding shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be cleaned or replaced upon a change of occupancy and each day the rental unit is occupied unless otherwise requested by the occupant. Bedding shall be cleaned with appropriate sanitizing products and methods to ensure disinfection. 3. Bath towels, cloths and mats shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be cleaned or replaced upon a change of occupancy and each day the rental unit is occupied unless otherwise requested by the occupant. Bath towels, cloths and mats shall be cleaned with appropriate sanitizing products and methods to ensure disinfection. 4. Bathroom fixtures shall be maintained without cracks, chips, or stains. Floors and fixtures shall be cleaned with appropriate sanitizing products and methods to ensure disinfection each day the rental unit is occupied or at least once a week when occupancy does not change. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 5 of 11 Page 40 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations 5. Carpets shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be vacuumed clean each day the unit is occupied and maintained in a sanitary, nondefective condition. 6. Floor surfaces other than carpeting shall be made of nonabsorbent material and all surfaces and tile grout shall be maintained without cracks, rips, or missing elements. 7. Wall surfaces shall be maintained without spots, stains, flakes, chips, holes, etc., and be maintained in a clean and sanitary condition. 8. All floor, wall and ceiling surfaces, windows, shower curtains and doors, appliances, fixtures, and furnishings shall be maintained free of mold, mildew, or decay. 9. All appliances, equipment, and furnishings including electrical receptacles, smoke alarms, fire detectors, televisions, and lighting fixtures, shall be maintained in complete and proper operating condition. 10. All window treatments including drapes, blinds and shades shall be sized to cover the entire window, made of opaque material, and maintained in proper operating and sanitary condition without stains, holes, rips or odors in excess of normal wear and tear. 11. All operable windows shall be provided with insect screens properly secured in their frame, free from holes and rips, and in proper operating condition. 12. The entry door to every rental unit shall be provided with a view port or window that allows the occupant to see the area immediately outside the unit. 13. The entry door to every rental unit shall be provided with a security lock and maintained in complete and proper operating condition. 14. All rental units shall be maintained free of rodents, insects and vermin infestation and free from conditions that encourage or harbor rodents, insects, and vermin and comply with the applicable provisions for pest elimination in the currently adopted ICC International Property Maintenance Code. (F) No cooking activity or appliance shall be permitted within a transient rental unit except a coffeemaker and a microwave oven is permitted when operated in accordance with the product manufacturer's requirements. (G) The owner shall provide pest extermination services as necessary to rid a unit or the premises of pest infestations and shall keep a record of the type of service, the service provider, and the date and location where the service was performed. This record shall be made available to Village officials upon request at reasonable times. In the event a pest infestation is a hazard to public health, as determined by Village officials, the occupants shall be ordered to vacate the unit or premises and the occupancy shall be temporarily revoked until the unit or premises are brought into compliance. (H) If the owner or the manager fails to abate or correct existing conditions that are in violation of the provisions of this chapter or other applicable laws after due notice is given and reasonable opportunity is afforded, the Village may take the necessary and required actions to correct violations to protect the health, safety and welfare of the public. Costs for any abatement performed by, or on behalf of the Village, including the cost of Police services provided and including the relocation of occupants of the property, shall be recoverable by the Village. Expenses incurred by the Village pursuant to this chapter shall be charged to the owner of the property on which the work is done or improvements made, or charged against the real estate and attached as a lien. (I) A rental unit may not be used for any purpose other than temporary living and sleeping purposes, and no rental unit shall become unavailable for use or allowed to remain uninhabitable unless the rental unit is in the process of construction, alteration, repair, redecoration, extermination, evacuation, occupancy X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 6 of 11 Page 41 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations revocation, or similar activity, and prompt and effective efforts are made to restore the rental unit to habitable and usable conditions. (Ord. 6163, 9-9-2013) 3-40-11. Property investigations and inspections. All investigations and inspections of hotel properties by the Village of Glen Ellyn shall be conducted in accordance with sections 3-1-5 and 3-1-12 of this title and as follows: (A) An annual property investigation and inspection shall be conducted of the entire premises including, but not limited to, five percent of all rental units but not less than two, common areas, and service, equipment and storage spaces within buildings, all building exteriors, and the site, at reasonable times by Village representatives for the purpose of determining compliance with the provisions of all applicable codes, ordinances, laws, rules, and regulation pertaining to hotel properties. In the event that numerous code violations are discovered during inspection of the random sampling of dwelling units, the Building Official shall be authorized to increase the number of units that shall be inspected until such time as compliance is reasonably assured. (B) An annual property investigation and inspection shall not be conducted the year following an annual property investigation and inspection that resulted in an inspection report listing no violations of the requirements of this chapter or other applicable codes and regulations. (C) The owner or manager shall receive an inspection report from a Village representative that identifies any discovered violations and determines a reasonable date for reinspection by which time the violations must be corrected. (D) Special inspections of the premises may be conducted upon receipt of a complaint from any person, occupant, or any authority with jurisdiction, or if there is probable cause that any person or portion of the premises may be in violation of the provisions of this chapter or any applicable law. With reasonable prior notice and upon presentation of proper identification to a rental unit occupant, a Village representative may enter a rental unit with the occupant's permission and conduct an inspection. In the event entry is denied, the Village of Glen Ellyn may revoke occupancy and order the rental unit to be vacated or pursue other remedies provided by law to gain entry. (E) In cases of emergency, where a Village representative has reasonable cause to believe an extreme hazard exists which is known to cause imminent injury to a person, loss of life, or severe property damage, and upon presentation of proper identification, the Village representative may enter any space or occupied rental unit without permission. (F) No vacant rental unit may be rented to or occupied by any person until any and all violations identified on an inspection report have been corrected, reinspected and approved by the Village of Glen Ellyn. (G) Upon request from the owner or manager, and after the work necessary to correct all violations has been completed, inspected and approved, a Village representative shall issue to the owner or manager written confirmation that the violations identified in the inspection report have been corrected. This written confirmation does not represent, insure, warrant, or guaranty to any owner, manager, lessor, agent, attorney, lender, or insurer that no other violations exist or that the inspection report includes all existing violations at the time of inspection. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 7 of 11 Page 42 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations 3-40-12. Nuisances. A hotel shall be operated in a manner that does not cause a nuisance in accordance with section 3-1-11 of this title. The owner and manager shall not rent or permit the use of a building or premises for any business, pleasure or recreation which, by its boisterous nature, disturbs or destroys the peace of a neighborhood or is dangerous or detrimental to health. (Ord. 6163, 9-9-2013) 3-40-13. License termination and renewal. A hotel license shall terminate 12 months after the date of issuance unless the required hotel license renewal fee is received prior to the termination date. No hotel license renewal shall be issued unless the annual investigation and inspection has been completed and approved, or unless the annual investigation and inspection has been deferred as permitted in subsection 3-40-11(B) of this chapter. (Ord. 6163, 9-9-2013) 3-40-14. License transfer. A hotel license shall not be transferable or assignable from one person, firm, partnership, corporation or entity to another person, firm, partnership, corporation or entity. A hotel license shall be purely a personal privilege and shall not constitute property, nor shall it be subject to attachment, garnishment or execution. (Ord. 6163, 9-9-2013) 3-40-15. License suspension, revocation or denial. A hotel license may be suspended or revoked and a license application may be denied as determined by the Community Development Director for failure to meet the requirements and conditions specified in this chapter, this Code, or any applicable rules and regulations established by other agencies with jurisdiction. The hotel license owner or applicant shall be given written notice specifying the reasons and cause for suspension, revocation or denial. In the case of suspension, the written notice shall specify the period of suspension and the conditions on which the license suspension can be withdrawn upon remedial action taken by the owner. The owner or applicant may appeal the Community Development Director's decision to suspend, revoke or deny a hotel license. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-16. Appeals. Any person may contest or dispute the Community Development Director's decision to suspend, revoke or deny a hotel license by requesting an administrative hearing in accordance with the procedures and requirements specified in title 1, chapter 11 of this Code. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 8 of 11 Page 43 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations 3-40-17. Violation penalties. The penalty for failing to pay the hotel license renewal fee shall be in accordance with section 3-1-15 of this title. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 9 of 11 Page 44 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations TITLE 4 BUILDING REGULATIONS Chapter 1 BUILDING CODE 4-1-1. Short title. This chapter shall be known as and may be called the Building Code of Glen Ellyn. (Ord. 3129, 8-26-1985, eff. 10-1-1985) 4-1-2. Purpose. The purpose of this chapter is to: (A) Prescribe the strength and manner of constructing all buildings, structures and their accessories and of the construction of fire escapes thereon; (B) Adopt the provisions, as amended herein, of the 20182009 ICC International Building Code; (C) Adopt the provisions, as amended herein, of the 20182009 ICC International Mechanical Code; (D) Adopt the provisions, as amended herein, of the 20182009 ICC International Residential Code; (E) Adopt the provisions, as amended herein, of the 20182009 ICC International Energy Conservation Code; (F) Adopt the provisions, as amended herein, of the 20182009 ICC International Property Maintenance Code; (G) Adopt the provisions, as amended herein, of the 20182009 ICC International Fuel Gas Code; (H) References: 1. Whenever the ICC International Codes reference the ICC Electrical Code, the provisions of the currently adopted NFPA 70 National Electrical Code shall apply. 2. Whenever the ICC International Codes reference the ICC Plumbing Code, the provisions of the currently adopted IDPH Illinois Plumbing Code shall apply. 3. Whenever the ICC International Codes reference the ICC existing Building Code, the provisions of the currently adopted ICC International Codes and the NFPA 101 Life Safety Code shall apply. (Ord. 5214, 12-15-2003, eff. 3-1-2004; Ord. 5995, 5-14-2012, eff. 6-1-2012; Ord. 5996, 1-30-2012, eff. 3-1-2012) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 10 of 11 Page 45 of 64 Attachment VC-2 Village Code - Proposed Amendments (Redlined) Title 3 Hotels, Title 4 Building Regulations TITLE 4 BUILDING REGULATIONS Chapter 7 - STORMWATER AND FLOODPLAIN REGULATIONS 4-7-2. - Adoption of the DuPage Countywide Stormwater and Flood Plain Ordinance, as last amended by the DuPage County Board on May 14, 2019. Appendix A, Definitions of the DuPage County Countywide Stormwater and Flood Plain Ordinance. Amend Appendix A, Definitions of the DuPage County Countywide Stormwater and Flood Plain Ordinance , Stormwater Improvement, to read as follows: Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building taking place during a ten (10)-year period in which, the cumulative cost of which improvements equals or exceeds, individually or in the aggregate, 50 percent of the fair market value of the building, initially determined from the equalized assessed value of the building, before the start of construction of the improvement. or, if the building has been damaged, before the damage occurred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the building. The term “substantial improvement” includes buildings that have incurred repetitive loss or substantial damage, regardless of the actual work performed. The term "cost of improvement" includes the value of volunteer labor and donated materials. The term "cost of improvement” does not, however, include either (1) any development for improvement of a building to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions or (2) any alteration of a historic building listed on the National Register of Historic Places of the Illinois Register of Historic Places, provided that the alteration that will not preclude the building's continued designation as a historic building. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-2 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Redlined).docx Page 11 of 11 Page 46 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations TITLE 3 - BUSINESS REGULATIONS Chapter 40 HOTELS 3-40-1. Intent and purpose. The purpose of this chapter is to promote the health, safety and welfare of the hotel occupants, Village residents, and the general public by providing for the licensing to own and operate hotel properties, buildings, and rental units, and to require the periodic inspection of the premises to ensure it meets the minimum standards established by this chapter, this Code, Glen Ellyn ordinances, the DuPage County code of ordinances, and state and federal laws, rules, and regulations pertaining to hotel properties. (Ord. 6163, 9-9-2013) 3-40-2. Definitions. COOKING FACILITIES: A kitchen within a rental unit that includes a sink fixture, cooking appliance, and refrigeration appliance and meets the minimum area and workspace requirements specified for a dwelling unit in the ICC International Building Code currently adopted by the Village. EXTENDED STAY RENTAL UNIT: A space within a hotel intended and designed for temporary occupancy containing a living and sleeping area, and sanitation and cooking facilities and the rental agreement includes a rental rate generally for five days or longer. HOTEL: Any hotel, motel, inn, or other commercial building containing transient and extended stay units rented for a limited period and designed, intended, or used for temporary living and sleeping purposes and provided with housekeeping services, utilities and on site parking. HOTEL LICENSE: A document issued, and annually renewed, by the Village of Glen Ellyn that permits the operation of a hotel within the Village limits. MANAGER AND/OR OPERATOR: Any person, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee, or agent, who manages the business operations of any hotel and may assign units, offer and collect rents, control access to units, directs employees, or oversees security and maintenance of the property. OWNER: Any person, agent, firm, or corporation having a legal or equitable interest in the property, or holding title to the property, or otherwise having control of the property, including the guardian, executor or administrator of the estate of such person. The owner shall be responsible for the conduct of the Manager and all employees while on the premises, and any act or omission of the manager or any employee constituting a violation of the provisions of this chapter or other applicable laws shall be deemed the act or omission of the owner for the purpose of determining whether the hotel license shall be renewed, suspended, or revoked. SANITATION FACILITIES: A bathroom within a rental unit that includes a water closet, lavatory, and bathtub or shower that meets the minimum requirements specified in the ICC International Residential Code currently adopted by the Village. TRANSIENT RENTAL UNIT: A space intended and designed for temporary occupancy containing a living and sleeping area and sanitation facilities and the rental agreement includes a daily occupancy and rental rate. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 1 of 10 Page 47 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations 3-40-3. License required. (A) It shall be unlawful to rent transient or extended stay rental units for occupancy and operate a hotel within the Village limits without a hotel license issued by the Village of Glen Ellyn to the current property owner. A separate license shall be required for each hotel property with no exception for hotel properties under common ownership or management. The following properties are exempt from these license requirements: 1. Condominiums as declared under the Illinois Condominium Act. 2. Apartments generally designed and intended for a continuous occupancy of six months or more, where actual unit utility costs are charged to the occupant and where unit housekeeping services are not provided. 3. Assisted living homes, nursing homes, long term care facilities, convalescent homes, or other facilities providing care to persons with mental health or developmental disabilities and licensed under state law. 4. Properties owned and managed by governmental housing authorities. 5. Single-family and two-family (duplex) dwellings and townhomes. (Ord. 6163, 9-9-2013) 3-40-4. License application. An application for a hotel license shall be filed in accordance with sections 3-1-2, 3-1-3, and 3-1-4 of this title and with the Community Development Director. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-5. License investigation and inspection. An investigation and inspection of the property is required upon receipt of a hotel license application and shall be completed in accordance with sections 3-1-5 and 3-1-12 of this title. The application of a hotel license shall constitute, but not be limited to, the consent of the applicant and owner to an investigation and inspection of the entire premises including, but not limited to, all rental units, common areas, and service, equipment and storage spaces within buildings, building exteriors, the roof, and the site, at reasonable times by Code Enforcement Officers, Building Inspectors, Sanitarian Inspectors, Fire Inspectors, or other authorities with jurisdiction for the purpose of determining compliance with the provisions of all applicable codes, ordinances, laws, rules, and regulation pertaining to hotel properties. (Ord. 6163, 9-9-2013) 3-40-6. License fee. The hotel license fees shall be paid in accordance with section 3-1-6 of this title. The hotel license application fee and each annual hotel license renewal fee shall be $300.00 plus $10.00 for each rental unit on the property. These fees include one inspection and one reinspection of all required corrective work. Additional reinspections may be required until all corrective work is complete and approved and a reinspection fee of $100.00 shall be charged for each additional reinspection after the first reinspection. The annual hotel license fee is due and shall be paid if the annual investigation and inspection is not completed under the exception permitted in subsection 3-40-11(B) of this chapter. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 2 of 10 Page 48 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations (Ord. 6163, 9-9-2013) 3-40-7. License issuance. After receipt of all required information, approval of all investigations and inspections, and payment of the applicable fee, a hotel license will be issued to the hotel owner. The issuance of a hotel license may be denied if one or more of the following conditions exists: (A) The manager or owner failed to supply all of the information requested and required to act on the application. (B) The manager or owner gave materially false, fraudulent or untruthful information on the application. (C) The manager or owner has not fully complied with provisions in this chapter or any other federal, state or local laws and regulations affecting the conduct of business or the health and safety of the hotel occupants and the public. (D) The manager or owner has had a license revoked pursuant to the provisions of this chapter for the same business or same type of business. (E) The manager or owner is not at least 21 years of age. (F) The manager or owner has been convicted of a felony within the last ten years or any criminal offense involving a crime or moral turpitude within the last ten years. (G) The manager or owner is delinquent on any debt owed to the Village. (H) The premises are not in a clean, sanitary and safe condition. (I) The manager or owner knowingly allowed criminal activity to occur on the premises and failed to take corrective action or failed to contact enforcement officials. (J) The property is found upon investigation and inspection to be not in compliance with all provisions of this chapter and all other applicable Village Codes, ordinances, rules and regulations, and the laws of the State of Illinois. (Ord. 6163, 9-9-2013) 3-40-8. Posting of documents. The hotel license shall be posted in accordance with section 3-1-14 of this title and the following additional information must also be posted: (A) Rental unit rates, that may include a range of rates, shall be posted in a prominent location in all rental units and occupants shall not be charged in excess of the posted rates. (B) Emergency telephone numbers and addresses of the Village of Glen Ellyn Police Department, Building Division, and Fire Company shall be posted in a prominent location in all rental units and in public reception areas. (Ord. 6163, 9-9-2013) 3-40-9. Occupancy requirements. (A) It shall be unlawful for any person to occupy a transient rental unit(s) for more than 60 days within any six month period except as follows: X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 3 of 10 Page 49 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations 1. Where there is a written contract or document between a hotel and a business, corporation, firm, individual or government agency to house employees or individuals; 2. Where there is written employer confirmation that the occupant is employed and engaged in local business that requires his personal attendance for an extended period; 3. Where there is a written contract between the hotel and a governmental, charitable or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable or insurance agency; or 4. Where the Building and Zoning Official authorizes in writing, after consultation with the Director of Community Development, a stay for up to 90 days to prevent residents from becoming homeless. In the event that appropriate alternative housing cannot be provided within 90 days, the period may be extended by the Building and Zoning Official. (B) It shall be unlawful for any person to occupy an extended stay rental unit(s) for more than 365 days within any two-year period. (C) In the event any persons occupy a rental unit for more than the maximum number of days permitted in subsection (A) or (B) of this section, the manager or owner shall diligently pursue all appropriate and legal actions required to evict such persons from the rental unit. (D) It shall be unlawful for the owner or manager to allow occupancy of a rental unit to a person under a different or fictitious name to avoid the occupancy requirements. (E) The owner or manager shall maintain an accurate and complete register of each rental unit for not less than two years and make the register available to Village officials upon request at any reasonable time. The register shall include the following information: 1. The name and permanent address of the person renting the unit. 2. The dates of occupancy including check in and check out times and room number. 3. A driver's license number or vehicle registration number, state of registration, and make and model of any vehicle operated on hotel property. 4. The name of each person occupying the rental unit. 5. The amount of the bill and method of payment. (F) The owner or manager shall not knowingly rent, allow, or permit any unit or space on the premises to be used for any illegal purpose including, but not limited to: 1. Prostitution activities. 2. Gambling activities. 3. Drug use, sale, or manufacturing. (G) It shall be unlawful for an owner or manager to rent or permit occupancy of a rental unit to a person less than 18 years of age. (H) It shall be unlawful for an owner or manager to rent or permit occupancy of a rental unit to a person more than once between the hours of 6:00 p.m. to 6:00 a.m. except with a prior reservation and a necessary business purpose. (I) It shall be unlawful for an owner or manager to permit the person renting the unit to sublease, sublet, or otherwise allow the use of the rental unit to persons other than the registered occupants. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 4 of 10 Page 50 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-10. Property requirements. (A) The hotel premises shall comply with all provisions of this Code, Glen Ellyn ordinances, the DuPage County code of ordinances, and all state and federal laws, rules, and regulations pertaining to hotel properties. (B) The hotel premises shall be maintained in a clean, sanitary, and safe condition and areas accessible to rental unit occupants and the public shall be safely illuminated at all times they are open to use. (C) The hotel premises shall be heated by space heating systems capable of maintaining a minimum temperature of not less than 65 degrees Fahrenheit when the outdoor temperature is above zero degrees Fahrenheit, and 60 degrees Fahrenheit when the outdoor temperature is below zero degrees Fahrenheit, in all common areas and habitable spaces including rental unit living and sleeping areas, kitchens, and bathrooms. Occupancy is prohibited in any rental unit where the minimum temperature is not continually maintained. (D) Every rental unit shall be provided with housekeeping services each day they are occupied, and daily cleaning schedules shall be generated and used to ensure that clean and sanitary conditions are maintained. Daily cleaning schedules for the prior 30 days shall be retained and made available to Village officials upon request at reasonable times. Any occupant may decline some or all housekeeping services. (E) The owner or manager shall be responsible to provide housekeeping services and to maintain, or cause to be maintained, the following conditions in all rental units: 1. Mattresses shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary nondefective structural condition. 2. Bedding shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be cleaned or replaced upon a change of occupancy and each day the rental unit is occupied unless otherwise requested by the occupant. Bedding shall be cleaned with appropriate sanitizing products and methods to ensure disinfection. 3. Bath towels, cloths and mats shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be cleaned or replaced upon a change of occupancy and each day the rental unit is occupied unless otherwise requested by the occupant. Bath towels, cloths and mats shall be cleaned with appropriate sanitizing products and methods to ensure disinfection. 4. Bathroom fixtures shall be maintained without cracks, chips, or stains. Floors and fixtures shall be cleaned with appropriate sanitizing products and methods to ensure disinfection each day the rental unit is occupied or at least once a week when occupancy does not change. 5. Carpets shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be vacuumed clean each day the unit is occupied and maintained in a sanitary, nondefective condition. 6. Floor surfaces other than carpeting shall be made of nonabsorbent material and all surfaces and tile grout shall be maintained without cracks, rips, or missing elements. 7. Wall surfaces shall be maintained without spots, stains, flakes, chips, holes, etc., and be maintained in a clean and sanitary condition. 8. All floor, wall and ceiling surfaces, windows, shower curtains and doors, appliances, fixtures, and furnishings shall be maintained free of mold, mildew, or decay. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 5 of 10 Page 51 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations 9. All appliances, equipment, and furnishings including electrical receptacles, smoke alarms, fire detectors, televisions, and lighting fixtures, shall be maintained in complete and proper operating condition. 10. All window treatments including drapes, blinds and shades shall be sized to cover the entire window, made of opaque material, and maintained in proper operating and sanitary condition without stains, holes, rips or odors in excess of normal wear and tear. 11. All operable windows shall be provided with insect screens properly secured in their frame, free from holes and rips, and in proper operating condition. 12. The entry door to every rental unit shall be provided with a view port or window that allows the occupant to see the area immediately outside the unit. 13. The entry door to every rental unit shall be provided with a security lock and maintained in complete and proper operating condition. 14. All rental units shall be maintained free of rodents, insects and vermin infestation and free from conditions that encourage or harbor rodents, insects, and vermin and comply with the applicable provisions for pest elimination in the currently adopted ICC International Property Maintenance Code. (F) No cooking activity or appliance shall be permitted within a transient rental unit except a coffeemaker and a microwave oven is permitted when operated in accordance with the product manufacturer's requirements. (G) The owner shall provide pest extermination services as necessary to rid a unit or the premises of pest infestations and shall keep a record of the type of service, the service provider, and the date and location where the service was performed. This record shall be made available to Village officials upon request at reasonable times. In the event a pest infestation is a hazard to public health, as determined by Village officials, the occupants shall be ordered to vacate the unit or premises and the occupancy shall be temporarily revoked until the unit or premises are brought into compliance. (H) If the owner or the manager fails to abate or correct existing conditions that are in violation of the provisions of this chapter or other applicable laws after due notice is given and reasonable opportunity is afforded, the Village may take the necessary and required actions to correct violations to protect the health, safety and welfare of the public. Costs for any abatement performed by, or on behalf of the Village, including the cost of Police services provided and including the relocation of occupants of the property, shall be recoverable by the Village. Expenses incurred by the Village pursuant to this chapter shall be charged to the owner of the property on which the work is done or improvements made, or charged against the real estate and attached as a lien. (I) A rental unit may not be used for any purpose other than temporary living and sleeping purposes, and no rental unit shall become unavailable for use or allowed to remain uninhabitable unless the rental unit is in the process of construction, alteration, repair, redecoration, extermination, evacuation, occupancy revocation, or similar activity, and prompt and effective efforts are made to restore the rental unit to habitable and usable conditions. (Ord. 6163, 9-9-2013) 3-40-11. Property investigations and inspections. All investigations and inspections of hotel properties by the Village of Glen Ellyn shall be conducted in accordance with sections 3-1-5 and 3-1-12 of this title and as follows: X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 6 of 10 Page 52 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations (A) An annual property investigation and inspection shall be conducted of the entire premises including, but not limited to, five percent of all rental units but not less than two, common areas, and service, equipment and storage spaces within buildings, all building exteriors, and the site, at reasonable times by Village representatives for the purpose of determining compliance with the provisions of all applicable codes, ordinances, laws, rules, and regulation pertaining to hotel properties. In the event that numerous code violations are discovered during inspection of the random sampling of dwelling units, the Building Official shall be authorized to increase the number of units that shall be inspected until such time as compliance is reasonably assured. (B) An annual property investigation and inspection shall not be conducted the year following an annual property investigation and inspection that resulted in an inspection report listing no violations of the requirements of this chapter or other applicable codes and regulations. (C) The owner or manager shall receive an inspection report from a Village representative that identifies any discovered violations and determines a reasonable date for reinspection by which time the violations must be corrected. (D) Special inspections of the premises may be conducted upon receipt of a complaint from any person, occupant, or any authority with jurisdiction, or if there is probable cause that any person or portion of the premises may be in violation of the provisions of this chapter or any applicable law. With reasonable prior notice and upon presentation of proper identification to a rental unit occupant, a Village representative may enter a rental unit with the occupant's permission and conduct an inspection. In the event entry is denied, the Village of Glen Ellyn may revoke occupancy and order the rental unit to be vacated or pursue other remedies provided by law to gain entry. (E) In cases of emergency, where a Village representative has reasonable cause to believe an extreme hazard exists which is known to cause imminent injury to a person, loss of life, or severe property damage, and upon presentation of proper identification, the Village representative may enter any space or occupied rental unit without permission. (F) No vacant rental unit may be rented to or occupied by any person until any and all violations identified on an inspection report have been corrected, reinspected and approved by the Village of Glen Ellyn. (G) Upon request from the owner or manager, and after the work necessary to correct all violations has been completed, inspected and approved, a Village representative shall issue to the owner or manager written confirmation that the violations identified in the inspection report have been corrected. This written confirmation does not represent, insure, warrant, or guaranty to any owner, manager, lessor, agent, attorney, lender, or insurer that no other violations exist or that the inspection report includes all existing violations at the time of inspection. (Ord. 6163, 9-9-2013) 3-40-12. Nuisances. A hotel shall be operated in a manner that does not cause a nuisance in accordance with section 3-1-11 of this title. The owner and manager shall not rent or permit the use of a building or premises for any business, pleasure or recreation which, by its boisterous nature, disturbs or destroys the peace of a neighborhood or is dangerous or detrimental to health. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 7 of 10 Page 53 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations 3-40-13. License termination and renewal. A hotel license shall terminate 12 months after the date of issuance unless the required hotel license renewal fee is received prior to the termination date. No hotel license renewal shall be issued unless the annual investigation and inspection has been completed and approved, or unless the annual investigation and inspection has been deferred as permitted in subsection 3-40-11(B) of this chapter. (Ord. 6163, 9-9-2013) 3-40-14. License transfer. A hotel license shall not be transferable or assignable from one person, firm, partnership, corporation or entity to another person, firm, partnership, corporation or entity. A hotel license shall be purely a personal privilege and shall not constitute property, nor shall it be subject to attachment, garnishment or execution. (Ord. 6163, 9-9-2013) 3-40-15. License suspension, revocation or denial. A hotel license may be suspended or revoked and a license application may be denied as determined by the Community Development Director for failure to meet the requirements and conditions specified in this chapter, this Code, or any applicable rules and regulations established by other agencies with jurisdiction. The hotel license owner or applicant shall be given written notice specifying the reasons and cause for suspension, revocation or denial. In the case of suspension, the written notice shall specify the period of suspension and the conditions on which the license suspension can be withdrawn upon remedial action taken by the owner. The owner or applicant may appeal the Community Development Director's decision to suspend, revoke or deny a hotel license. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-16. Appeals. Any person may contest or dispute the Community Development Director's decision to suspend, revoke or deny a hotel license by requesting an administrative hearing in accordance with the procedures and requirements specified in title 1, chapter 11 of this Code. (Ord. 6163, 9-9-2013; Ord. 6674, 2-25-2019) 3-40-17. Violation penalties. The penalty for failing to pay the hotel license renewal fee shall be in accordance with section 3-1-15 of this title. (Ord. 6163, 9-9-2013) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 8 of 10 Page 54 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations TITLE 4 BUILDING REGULATIONS Chapter 1 BUILDING CODE 4-1-1. Short title. This chapter shall be known as and may be called the Building Code of Glen Ellyn. (Ord. 3129, 8-26-1985, eff. 10-1-1985) 4-1-2. Purpose. The purpose of this chapter is to: (A) Prescribe the strength and manner of constructing all buildings, structures and their accessories and of the construction of fire escapes thereon; (B) Adopt the provisions, as amended herein, of the 2018 ICC International Building Code; (C) Adopt the provisions, as amended herein, of the 2018 ICC International Mechanical Code; (D) Adopt the provisions, as amended herein, of the 2018 ICC International Residential Code; (E) Adopt the provisions, as amended herein, of the 2018 ICC International Energy Conservation Code; (F) Adopt the provisions, as amended herein, of the 2018 ICC International Property Maintenance Code; (G) Adopt the provisions, as amended herein, of the 2018 ICC International Fuel Gas Code; (H) References: 1. Whenever the ICC International Codes reference the ICC Electrical Code, the provisions of the currently adopted NFPA 70 National Electrical Code shall apply. 2. Whenever the ICC International Codes reference the ICC Plumbing Code, the provisions of the currently adopted IDPH Illinois Plumbing Code shall apply. 3. Whenever the ICC International Codes reference the ICC existing Building Code, the provisions of the currently adopted ICC International Codes shall apply. (Ord. 5214, 12-15-2003, eff. 3-1-2004; Ord. 5995, 5-14-2012, eff. 6-1-2012; Ord. 5996, 1-30-2012, eff. 3-1-2012) X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 9 of 10 Page 55 of 64 Attachment VC-3 Village Code - Proposed Amendments (Clean) Title 3 Hotels, Title 4 Building Regulations TITLE 4 BUILDING REGULATIONS Chapter 7 - STORMWATER AND FLOODPLAIN REGULATIONS 4-7-2. - Adoption of the DuPage Countywide Stormwater and Flood Plain Ordinance, as last amended by the DuPage County Board on May 14, 2019. Appendix A, Definitions of the DuPage County Countywide Stormwater and Flood Plain Ordinance. Amend Appendix A, Definitions of the DuPage County Countywide Stormwater and Flood Plain Ordinance, Stormwater Improvement, to read as follows: Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building taking place during a ten (10)-year period in which the cumulative cost of improvements equals or exceeds 50 percent of the fair market value of the building, initially determined from the equalized assessed value of the building, before the start of construction of the improvement. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the building. The term “substantial improvement” includes buildings that have incurred repetitive loss or substantial damage, regardless of the actual work performed. The term "cost of improvement" includes the value of volunteer labor and donated materials. The term "cost of improvement” does not, however, include either (1) any development for improvement of a building to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions or (2) any alteration of a historic building listed on the National Register of Historic Places of the Illinois Register of Historic Places, provided that the alteration will not preclude the building's continued designation as a historic building. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment VC-3 - Proposed Amendments - Title 3 Hotels - Title 4 Buildng Regulations (Clean).docx Page 10 of 10 Page 56 of 64 Attachment IFC-2 Fire Code - Proposed Amendments (Redlined) 26. Delete Section 307.4 and all subsections in their entirety and substitute the following: 307.4 Location. The location for outdoor burning shall be as indicated in Sections 307.4.1 through 307.4.6. 307.4.1 Bonfires. Bonfires shall not be permitted unless approved by the Fire Code Official. 307.4.2 Recreational fires. Recreational fires shall not be permitted unless approved by the Fire Code Official. 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces, including fire pits, incinerators, chimineas and similar devices shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet of a building, structure, or combustible material. 307.4.4 Stationary outdoor fireplaces. The fire box opening of a stationary outdoor fireplace shall not be located closer than 10 feet to a building, structure, or combustible material. Exception: The fire box opening of a stationary outdoor fireplace used for cooking shall not be located closer than 15 feet to a building, structure, or combustible material. 307.4.5 Stationary fire features. Manufactured stationary non-wood burning fire features, including fire pits, fire bowls, fire columns, fire tables and similar devices shall be installed and used in accordance with the manufacturer’s instructions and shall not be operated within 10 feet of a building, structure, or combustible material. Fuel lines servicing such devices shall be provided with a shut-off valve at the exterior face of the building and be subject to inspection, including a pressure test, prior to first use. 307.4.6 Stationary fire pits. Stationary wood burning fire pits shall be constructed of non- combustible material. The fire containment area of a stationary outdoor fire pit shall not be located closer than 15 feet to a building, structure, or combustible material. Stationary fire pits shall have a containment area for burning material with a total fuel area to exceed the equivalent of 3 feet in diameter and a total fuel height not to exceed 2 feet. 63. Add a new Section 1103.5.9 to read as follows: 1103.5.9 Building and structures modification factor. In addition to the requirements set forth in Sections, 1103.5.5, 1103.5.6 and 1103.5.7. an approved automatic sprinkler system shall be installed throughout existing buildings and structures where the modification factor M, determined in accordance with the following, is greater than 1.252.0. M = modification factor where, Aaddition = gross square foot floor area of addition Aalteration = gross square foot area of structurally altered exterior walls and roof $remodeling = actual hard cost of interior remodeling work Efloor = gross floor area of existing building or structure Esurface = gross area of existing exterior walls and roof $threshold = lesser of $300,000 or 25% of the market value of the building or structure M = Aaddition / Efloor + Aalteration / Esurface + $remodeling / $threshold X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IFC-2 - Proposed Amendments (Redlined).docx Page 1 of 2 Page 57 of 64 Attachment IFC-2 Fire Code - Proposed Amendments (Redlined) Exception: Single-family dwellings less than 1,500 square feet in gross floor area shall not be subject to the modification factor. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IFC-2 - Proposed Amendments (Redlined).docx Page 2 of 2 Page 58 of 64 Attachment IFC-3 Fire Code - Proposed Amendments (Clean) 26. Delete Section 307.4 and all subsections in their entirety and substitute the following: 307.4 Location. The location for outdoor burning shall be as indicated in Sections 307.4.1 through 307.4.6. 307.4.1 Bonfires. Bonfires shall not be permitted unless approved by the Fire Code Official. 307.4.2 Recreational fires. Recreational fires shall not be permitted unless approved by the Fire Code Official. 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces, including fire pits, incinerators, chimineas and similar devices shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet of a building, structure, or combustible material. 307.4.4 Stationary outdoor fireplaces. The fire box opening of a stationary outdoor fireplace shall not be located closer than 10 feet to a building, structure, or combustible material. Exception: The fire box opening of a stationary outdoor fireplace used for cooking shall not be located closer than 15 feet to a building, structure, or combustible material. 307.4.5 Stationary fire features. Manufactured stationary non-wood burning fire features, including fire pits, fire bowls, fire columns, fire tables and similar devices shall be installed and used in accordance with the manufacturer’s instructions and shall not be operated within 10 feet of a building, structure, or combustible material. Fuel lines servicing such devices shall be provided with a shut-off valve at the exterior face of the building and be subject to inspection, including a pressure test, prior to first use. 307.4.6 Stationary fire pits. Stationary wood burning fire pits shall be constructed of non- combustible material. The fire containment area of a stationary outdoor fire pit shall not be located closer than 15 feet to a building, structure, or combustible material. Stationary fire pits shall have a containment area for burning material with a total fuel area to exceed the equivalent of 3 feet in diameter and a total fuel height not to exceed 2 feet. 63. Add a new Section 1103.5.9 to read as follows: 1103.5.9 Building and structures modification factor. In addition to the requirements set forth in Sections, 1103.5.5, 1103.5.6 and 1103.5.7. an approved automatic sprinkler system shall be installed throughout existing buildings and structures where the modification factor M, determined in accordance with the following, is greater than 1.25. M = modification factor where, Aaddition = gross square foot floor area of addition Aalteration = gross square foot area of structurally altered exterior walls and roof $remodeling = actual hard cost of interior remodeling work Efloor = gross floor area of existing building or structure Esurface = gross area of existing exterior walls and roof $threshold = lesser of $300,000 or 25% of the market value of the building or structure M = Aaddition / Efloor + Aalteration / Esurface + $remodeling / $threshold X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IFC-3 - Proposed Amendments (Clean).docx Page 1 of 2 Page 59 of 64 Attachment IFC-3 Fire Code - Proposed Amendments (Clean) Exception: Single-family dwellings less than 1,500 square feet in gross floor area shall not be subject to the modification factor. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IFC-3 - Proposed Amendments (Clean).docx Page 2 of 2 Page 60 of 64 Attachment IRC-2 Residential Code - Proposed Amendments (Redlined) 13. Add Section R106.1.5 to read as follows: R106.1.5 Fire protection system submittal documents. 1. A building permit for a building that requires a fire suppression system shall not be issued without the submission and subsequent approval of a technical submission prepared and sealed by an Illinois licensed design professional. The technical submission shall consist of designs, drawings, and specifications and calculations that establish the scope of the work and standards of quality for materials, workmanship and equipment and the construction systems, studies and other technical reports as determined necessary by the Building Official and prepared in the course of a design professional's practice. Exceptions: 1. Applications for permits for new single-family dwellings shall be permitted to be submitted without a technical submission if application is submitted along with fire sprinkler shop drawings and calculations signed and sealed by an Illinois licensed professional engineer. or by a technician who holds a valid NICET level 3 or 4 certification. 2. Applications for permits for new single-family dwellings must include either: a. Fire sprinkler shop drawings and calculations signed and sealed by an Illinois licensed professional engineer, or b. A technical submission signed and sealed by an Illinois licensed professional engineer plus shop drawings signed and sealed by a technician who holds a valid NICET level 3 or 4 certification. 2. After permit issuance, and prior to the rough framing inspection being performed, shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall be signed and sealed by an Illinois licensed professional engineer or by a technician who holds a valid NICET level 3 or 4 certification. Shop drawings shall contain all information as required by the referenced installation standards in Section P2904. 33. Add new Section R302.15 to read as follows: R302.15 Fire protection improvements in existing buildings. All exposed combustible framing members, combustible voids or similar spaces throughout an existing building or structure shall be covered with five-eighths (5/8") inch Type X gypsum board, or provided with equivalent protection, wWhen any addition or basement renovation to an existingthe building or structure is constructed that exceeds $15,000 in hard cost, and the building or structure is not equipped throughout with an approved fire sprinkler system., all exposed combustible lightweight framing members, combustible voids or similar spaces throughout the existing building or structure shall be covered with five-eighths (5/8") inch Type X gypsum board or provided with equivalent fire protection. For purposes of this Section, lightweight floor framing shall be construed to include, but not be limited to, wood floor trusses, parallel chord trusses, wood I-beams or joists, box beams, metal web trusses, metal trusses, or bar joists. Protection of dimensional sawn lumber is not required under this provision. 71. Add new Section R502.1.8 to read as follows: R502.1.8 Light-Weight Floor Framing. Light-weight floor framing including, but not limited to, wood floor trusses, parallel chord trusses, wood I-beams or joists, box beams, metal web trusses, metal X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IRC-2 - Proposed Amendments (Redlined).docxPage 1 of 2 Page 61 of 64 Attachment IRC-2 Residential Code - Proposed Amendments (Redlined) trusses, or bar joists shall be permitted only in dwellings or parts thereof equipped throughout with an automatic fire sprinkler system installed in accordance with NFPA standards. 45. Add new Section R328.2 to read as follows: R328.2 Safety and security fence. The demolition or construction of a principal building or structure, or part thereof, or an excavation over 30 inches deep, with the exception of drilled pier excavations, shall require the installation of a safety and security fence, with a latching gate or equivalent opening, that encloses and secures the work area. The fencing shall be a minimum of 6 feet high and constructed of chain link fabric secured to steel posts not to exceed 8 feet on center or equivalent materials approved by the Building Official. Fence posts shall be driven into the ground, sandbagging of posts is not permitted without the approval of the Building Official. The fence shall be maintained in an upright and stable condition and the gate shall be locked at all times the demolition or construction site is unattended. Exception: Sandbagging of fence posts shall be permitted for temporary protection of excavations required for the installation or repair of underground utility lines that are backfilled immediately upon Village inspection of the work in place. 47. Add new Section R328.5 to read as follows: R328.5 Fire safety during construction. A 2-A:10B:C20-ABC fire extinguisher shall be maintained on the site. 95. Appendix F, RADON CONTROL METHODS, of the 2018 ICC International Residential Code, is hereby adopted as part of this Code. 95. Add new Section R329 to read as follows: R329 RADON CONTROL METHODS 96. Add new Section R329.1 Amend Section AF101.1 to read as follows: R329.1AF101.1 General. The provisions of this appendix shall control the design and construction of radon mitigation systems for new construction. All new construction, including one- and two-family dwellings and townhouses, and additions, and new basement remodeling projects shall include a radon mitigation system installed in accordance with the (420 ILCS 52/) Radon Resistant Construction Act and the Illinois Emergency Management Agency’s Part 422 Regulations for Radon Service Providers. Exception: Basement remodeling projects shall not be required to include a radon mitigation system where a report prepared by an Illinois licensed Radon Professional is submitted which verifies the radon level within the basement is not equal to or greater than 4.0 pCi/L. and new basement remodeling thereto shall include a radon mitigation system. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IRC-2 - Proposed Amendments (Redlined).docxPage 2 of 2 Page 62 of 64 Attachment IRC-3 Residential Code - Proposed Amendments (Clean) 13. Add Section R106.1.5 to read as follows: R106.1.5 Fire protection system submittal documents. 1. A building permit for a building that requires a fire suppression system shall not be issued without the submission and subsequent approval of a technical submission prepared and sealed by an Illinois licensed design professional. The technical submission shall consist of designs, drawings, specifications and calculations that establish the scope of the work and standards of quality for materials, workmanship and equipment and the construction systems, studies and other technical reports as determined necessary by the Building Official and prepared in the course of a design professional's practice. Exceptions: 1. Applications for permits for new single-family dwellings shall be permitted to be submitted without a technical submission if application is submitted along with fire sprinkler shop drawings and calculations signed and sealed by an Illinois licensed professional engineer. 2. Applications for permits for new single-family dwellings must include either: a. Fire sprinkler shop drawings and calculations signed and sealed by an Illinois licensed professional engineer, or b. A technical submission signed and sealed by an Illinois licensed professional engineer plus shop drawings signed and sealed by a technician who holds a valid NICET level 3 or 4 certification. 2. After permit issuance, and prior to the rough framing inspection being performed, shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall be signed and sealed by an Illinois licensed professional engineer or by a technician who holds a valid NICET level 3 or 4 certification. Shop drawings shall contain all information as required by the referenced installation standards in Section P2904. 33. Add new Section R302.15 to read as follows: R302.15 Fire protection improvements in existing buildings. When any addition or basement renovation to an existing building or structure is constructed that exceeds $15,000 in hard cost, and the building or structure is not equipped throughout with an approved fire sprinkler system, all exposed combustible lightweight framing members, combustible voids or similar spaces throughout the existing building or structure shall be covered with five-eighths (5/8") inch Type X gypsum board or provided with equivalent fire protection. For purposes of this Section, lightweight floor framing shall be construed to include, but not be limited to, wood floor trusses, parallel chord trusses, wood I-beams or joists, box beams, metal web trusses, metal trusses, or bar joists. Protection of dimensional sawn lumber is not required under this provision.45. Add new Section R328.2 to read as follows: R328.2 Safety and security fence. The demolition or construction of a principal building or structure, or part thereof, or an excavation over 30 inches deep, with the exception of drilled pier excavations, shall require the installation of a safety and security fence, with a latching gate or equivalent opening, that encloses and secures the work area. The fencing shall be a minimum of 6 feet high and constructed of chain link fabric secured to steel posts not to exceed 8 feet on center or equivalent materials approved by the Building Official. Fence posts shall be driven into the ground, sandbagging of posts is not X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IRC-3 - Proposed Amendments (Clean).docx Page 1 of 2 Page 63 of 64 Attachment IRC-3 Residential Code - Proposed Amendments (Clean) permitted without the approval of the Building Official. The fence shall be maintained in an upright and stable condition and the gate shall be locked at all times the demolition or construction site is unattended. Exception: Sandbagging of fence posts shall be permitted for temporary protection of excavations required for the installation or repair of underground utility lines that are backfilled immediately upon Village inspection of the work in place. 47. Add new Section R328.5 to read as follows: R328.5 Fire safety during construction. A 2-A:10B:C fire extinguisher shall be maintained on the site. 95. Add new Section R329 to read as follows: R329 RADON CONTROL METHODS 96. Add new Section R329.1 to read as follows: R329.1 General. All new construction, including one- and two-family dwellings and townhouses, additions, and new basement remodeling projects shall include a radon mitigation system installed in accordance with the (420 ILCS 52/) Radon Resistant Construction Act and the Illinois Emergency Management Agency’s Part 422 Regulations for Radon Service Providers. Exception: Basement remodeling projects shall not be required to include a radon mitigation system where a report prepared by an Illinois licensed Radon Professional is submitted which verifies the radon level within the basement is not equal to or greater than 4.0 pCi/L. X:\Plandev\Witt\2018 Code Upgrade\Meeting 7\Final Attachments\Attachment IRC-3 - Proposed Amendments (Clean).docx Page 2 of 2 Page 64 of 64