Rochelle — Ch. 22 Art. V Property Maintenance Code § 22-76

The ICC International Building Code/2021 is amended as follows: (1)
Section 101.1 is amended as follows:
[A] 101.1 Title. These regulations shall be known as the Property Maintenance Code of The City of Rochelle, State of Illinois, hereinafter referred to as "this code."
(2) Section 102.3 is amended as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy , shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Illinois Plumbing Code, and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City of Rochelle Illinois Municipal Code or statutes of the State of Illinois .
(3) Section 104.3 is added as follows:
104.3 Restriction of employees. An official or employee connected with the enforcement of this code, except whose only connection is that of a member of the board of appeals established under the provisions of section 113 of this code, shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
(4) Section 108.1 is deleted and replaced as follows:
B108.1 Membership of the board. The Planning and Zoning Commission, as established by Chapter 74 , Article II, Section 74-31 , of the Rochelle Municipal Code, shall serve as the Board of Appeals. The building official shall be an ex officio member of said board but shall not vote on any matter before the board.
(5) Section 111.4.2 is deleted and replaced as follows:
111.4.2 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered to the owner personally; or
2. Sent by first class mail, postage prepaid, to the owner at the last known address; or
3. Sent by certified mail, postage prepaid, addressed to the owner at the last known address with return receipt requested, if required by State of Illinois law.
(6) Section 111.7 is amended as follows:
111.7 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard of condemnation and a statement of the penalties provided for occupying the premises , operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affect by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.
(7) Section 112.1 is amended as follows:
112.1 Imminent danger. When, in the opinion of the code official , there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, or when the structure is unfit for human habitation, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each the primary entrance to such structure a notice of condemnation. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Access to condemned property shall only be by persons authorized for such access by the City of Rochelle and as allowed by law.
(8) Section 113.1 is amended as follows:
113.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to secure the structure and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or secure the structure until future repair. Securing the structure for future repair shall not extend beyond sixty days (60 days), unless approved by the code official.
(9) Section 113.3 is amended as follows:
113.3 Failure to comply. In accordance with State of Illinois Compiled Statutes Chapter 65 Section 5/11-31-1, if the owner of a premises agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(10) Section 202 GENERAL DEFINITIONS is amended as follows:
BUILDING. Any structure used or intended for supporting or sheltering a use or occupancy.
[A] STRUCTURE. That which is built or constructed or a portion thereof except structures for roadway purposes that are located in the public right-of-way.
(11) Section 302.1 is amended as follows:
302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition and free from any accumulation of rubbish or garbage. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. The code official may order the removal of garbage, debris, and rubbish/refuse in accordance with Illinois Compiled Statutes, Chapter 65, Section 5/11-20-13. When accumulation of garbage, debris, and rubbish/refuse endangers the public health and safety or when there is actual or potential danger in the proximity of dwellings and/or the public right-of-way, the code official may cause the removal of such garbage or debris, either through an available public agency or by contract or arrangement with private persons, and the cost of such removal shall be charged against the real estate upon which the garbage and debris is located.
(12) Section 302.4 is amended as follows:
302.4 Weeds. All premises and exterior property not improved with a structure and greater than one (1) acre in size shall be maintained free from weeds or plant growth in excess of 10" (254 mm). All other premises and exterior property shall be maintained free from weeds or plant growth in excess of 8 inches (203.2 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, overgrowth, and underbrush other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Enforcement of this provision shall be as provided in this Code and in Chapter 1 , Section 1-15 of the City of Rochelle Municipal Code, and the provisions of the Illinois Compiled Statutes, Chapter 65, Section 5/11-20-7. The City may pursue any or all of the remedies provided above in enforcement of this provision. When overgrowth of weeds or plants endangers the public health and safety or when there is actual or potential danger in the proximity of dwellings and/or the public right-of-way, the code official may cause the cutting of such weeds or plants, either through an available public agency or by contract or arrangement with private persons, and the cost of such cutting shall be charged against the real estate upon which the weeds or plants are located.
The City, at the sole discretion of the code official , may exclude from the provisions of this section any land located in a public nature area or any land not located within 200 feet of any property containing a private residence or place of public use, provided that such weeds do not otherwise cause a health or safety hazard in the opinion of the code official .
(13) Section 302.7 is amended as follows:
302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, and retaining walls shall be maintained structurally sound and in good repair. All garages where a garage door was intended or installed, must be provided with a functioning garage door.
(14) Section 302.8 and the exception are deleted entirely and replaced as follows:
302.8 Motor vehicles. All inoperable vehicles, whether on public or private property and in plain view of the general public are hereby declared to be a public nuisance pursuant to 65 ILCS 5/11-40-3. In accordance with the procedures outlined in 65 ILCS 5/11-40-3 and 625 ILCS 5/4-201 the abandonment of vehicles is prohibited on public or private property and the City is authorized to remove such abandoned vehicles.
(15) Section 302.10 is added as follows:
302.10 Cisterns. Pursuant to Illinois Compiled Statutes, Chapter 65, Section 5/11-20-10, cisterns unused and abandoned shall be filled with clean fill and sealed with a non-removeable cover as prescribed by the code official.
(16) Section 304.3 is amended as follows:
304.3 Premises identification. Buildings shall be provided with City of Rochelle assigned address identification numbers, building numbers, or approved building identification placed in a position to be plainly legible and visible from the street or road to which the building is addressed. Address identification characters shall contrast with their background. Address characters shall be Arabic numerals or English alphabet letters. Numbers shall not be spelled out. Each character shall be a minimum of 2.5 inches (63.5 mm) in height. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
(17) Section 304.14 is amended as follows:
304.14 Insect screens. During the period from April 1 to October 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every swinging door shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(18) Section 308.3.1 is amended as follows:
308.3.1 Garbage facilities. The owner or tenant of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit or an approved leakproof, covered, outside garbage container.
(19) Section 404.3 exceptions are amended as follows:
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not greater than 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for bathroom, toilet room, laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included.
(20) Section 501.1 is amended as follows:
501.1 Scope. The provisions of this chapter and the Illinois Plumbing Code shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
(21) Section 601.1 is amended as follows:
601.1 Scope. The provisions of this chapter, the maintenance provisions of the International Mechanical Code and NFPA 70 shall govern the minimum mechanical and electrical facilities and equipment to be provided.
(22) Section 602.1 is amended as follows:
602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. Every occupied building shall be supplied with natural gas where natural gas equipment or appliances are present. The mechanical system shall be in conformance with Section 602 and 603 of this code and the International Mechanical Code .
(23) Section 602.2 is amended as follows:
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
(24) Section 602.3 is amended as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to April 1 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms .
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.
2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
(25) Section 602.4 is amended as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to April 1 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
(26) Section 602.6 is added as follows:
602.6 Primary heat source. A fireplace or a wood burning appliance cannot be used as the primary heat source.
(27) Section 603.2 is amended as follows:
603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. When a water heater and furnace are connected to the same chimney or vent, the water heater connection shall be above the furnace connection.
Exception: Fuel-burning equipment and appliances that are labeled for unvented operation.
(28) Section 603.3 is amended as follows:
603.3 Clearances. All required clearances to combustible structural or finish materials shall be maintained. Clearance of 36 inches shall be maintained for all other combustibles, such as stored materials.
(29) Section 604.1 is amended as follows:
604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with, including but not limited to, the requirements of this section and Section 605, and NFPA 70 as determined by the code official.
(30) Section 604.2 is amended as follows:
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 100 amperes with distribution panels and wiring properly installed and protected. All panels shall be dead front. A panel designated for a particular unit shall serve no other units.
(31) Section 604.2.1 is added as follows:
604.2.1 Disconnect. The main disconnect and overcurrent protective devices shall be accessible to each tenant. Overcurrent devices such as fuses or breakers shall be used to protect branch circuit conductors. Branch circuits shall not contain more than ten outlets. (Edison) Socket type fuses shall be type S.
(32) Section 605.2 is added as follows:
605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle with a ground fault interrupt installed adjacent to the sink and not installed within or adjacent to showers or tubs. Any other bathroom receptacle outlet shall have ground fault circuit interrupter protection. Every kitchen shall contain a minimum of three wall receptacles with two accessible for appliance use, and all receptacles within six feet of the sink shall be a ground-type receptacle or a receptacle with a ground fault circuit interrupter. Every cooking refrigeration, and laundry appliance shall be within six feet of an outlet. Every basement shall contain at least one general use receptacle, not including the laundry outlet, of the grounded type and with a ground fault circuit interrupter. Every floor-installed receptacle shall have a approved box and cover. All receptacle outlets shall have the appropriate faceplate cover for the location.
(33) Section 605.3 is amended as follows:
605.3 Luminaires. Every public hall, interior stairway, toilet room , kitchen, dining room, bedroom, bathroom , laundry room, boiler room, area of electrical panels, exterior exit discharge door, and furnace room shall contain at least one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection.
Exception: Living rooms and bedrooms with a switch outlet-controlling switch.
(34) Section 605.4 is added as follows:
605.4 Light switches in dwellings. Permanently mounted wall switches to control a luminaire shall be provided as listed in 605.4.1 through 605.4.3.
(35) Sections 605.4.1 through 605.4.3 are added as follows:
605.4.1 Exterior exit discharge doorways. A wall switch inside the door or automatic means for light activation shall be installed at all exterior exit doorways where an exterior luminaire is provided.
Exception: Where other exterior luminaires provide adequate lighting when luminaire at the door is not illuminated.
605.4.2 Stairways. All interior stairways between living spaces and between a garage and a living space with 6 or more risers shall have three-way switching at the top and bottom floor levels of the stairway.
605.4.3 Rooms, halls, and bathrooms. A wall switch shall be installed in all living rooms to control a luminaire or receptacle. A wall switch shall be installed to control a luminaire in dining rooms, halls, kitchens, and bathrooms. In bathrooms, switches shall not be installed in or adjacent to a tub or shower.
(36) Sections 701.2 is amended as follows:
701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements and those set forth in the International Fire Code . A person shall not occupy as owner - occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
(37) Sections 702.4 is amended as follows:
[F] 702.4 Emergency escape openings. Required emergency escape openings shall be maintained. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code, the unit is equipped with smoke alarms installed in accordance with Section 907.2.10 of the International Building Code , and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
(38) Sections 702.4.1 is added as follows:
702.4.1 Emergency escape. Every sleeping room in any occupancy shall have at least one operable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits. Every sleeping room shall be located as permitted under the International Building or International Residential Code.
Exception: Building equipped throughout with an automatic fire sprinkler system in compliance with NFPA fire sprinkler standards for the type of system installed.
(39) Section 705.1 is deleted and replaced as follows:
705.1 Carbon monoxide alarms. For the purposes of this Section, at a minimum, carbon monoxide alarms shall be installed and maintained throughout every dwelling as required in accordance with the State of Illinois Carbon Monoxide Alarm Act, 430 ILCS 135/135-1/2 and in accordance with the following:
1. Within 15 feet of every room used for sleeping purposes. The carbon monoxide alarm can be combined with smoke detecting devices provided that the combined unit complies with the respective provisions of the administrative code, referenced standards, and departmental rules related to both smoke detecting devices and carbon monoxide alarms; and provided that the combined unit emits an alarm in a manner that clearly differentiates the hazard.
2. Every structure that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.
3. The carbon monoxide alarms required under this Act may be either battery powered, plug-in with battery backup, or wired in to the structure's AC power line with secondary battery backup.