§ 8-104. Commercial and multifamily construction; adoption of codes.

(a)

There is adopted by the village that building code known as the 2006 International Building Code, except such portions as are hereinafter deleted, modified or amended. Three copies shall be kept on file in the office of the Village Clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein. The provisions of said building code shall be controlling in the construction of all buildings and other structures therein contained within the corporate limits of the Village of Wilmette to the extent hereinafter provided. Wherever the word "municipality" is used in said building code, it shall be held to mean the Village of Wilmette.

(b)

The term "Village of Wilmette" shall be inserted wherever the words "name of jurisdiction" appears.

(c)

Section 105.2 is amended by deleting items 1 through 7, 9, and 12.

(d)

Section 110, Certificate of Occupancy, paragraph 110.2, delete items 7 through 12 only.

(e)

Sections 112.1 through 113.4, and Appendix B, are deleted and replaced as follows:

Sections 112.1 through 113.4, shall read as follows:

SECTION 112.0 Building Code Board of Appeal.

112.1 Appointment.

There is hereby established in the village a board to be called the Building Code Board of Appeal, consisting of five members who shall be a resident structural engineer, a resident civil engineer, two resident architects and a resident builder or superintendent of building construction. The members shall be appointed by the Village President with the consent of the Board of Trustees. The Village President shall designate one of the members to serve as Chairperson.

112.2 Term of office.

All members of the Building Code Board of Appeal shall be appointed for a term of five years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the Village President, render any such member liable to immediate removal.

112.3 Quorum.

Four members of the Board shall constitute a quorum. In varying the application of any provision of this Code or in modifying an order of the building official, affirmative votes of 3 members shall be required. No member of the Board shall pass upon any question in which he, or any entity in which that member has an economic interest, is interested.

112.4 Meetings and records.

Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All hearings before the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such facts, and shall also keep records of its examinations and other official action. Such minutes and such records shall be public records.

112.5 Procedure.

The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code.

112.6 Appeals.

(i)

Any person aggrieved or the head of any agency of the village may take an appeal to the Building Code Board of Appeal from any decision of the building official.

(ii)

An appeal may be taken within 30 days from the date of decision appealed, by filing with the building official and with the Building Code Board of Appeal a notice of appeal, specifying the grounds thereof, except that in the case of a building or structure which, in the opinion of the building official, is unsafe or dangerous, the building official may in his order limit the time for such appeal to a shorter period. The building official shall forthwith transmit to the Building Code Board of Appeal all the papers upon which the action appealed from was taken.

112.7 Modifications and variations by the building code board of appeal.

(iii)

The Building Code Board of Appeal, when so appealed to and after a public hearing, may vary the application of any provision of this Code to any particular case when in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest, or when in its opinion, the interpretation of the building official should be modified or reversed.

(iv)

A decision by the Building Code Board of Appeal to vary the application of any provision of this Code, or to modify an order of the building official, shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefore.

(v)

Financial hardship cannot become a point of discussion on which to base a building code appeal. Decisions of the Building Code Board of Appeal are to be based solely on technical considerations and not cost considerations.

112.8 Decision of the building code board of appeal.

(vi)

The Building Code Board of Appeal shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of the Board of Appeal shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building official and shall be open to the public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing.

(vii)

If a decision of the Building Code Board of Appeal reverses or modifies a refusal order or disallowance of the building official, or varies the application of any provision of this Code, the building official shall take action immediately in accordance with such decision.

112.9 Appeals from decisions of the building code board of appeal.

A person aggrieved by a decision of said board, whether previously a party to the proceeding or not, or an officer or board, may, within 15 days after the filing of the decision in the office of the building official and service by mail of the parties of record, appeal to the Board of Trustees.

(f)

Section 3001.2 shall be deleted and replaced with as follows:

Section 3001.2. The installation, repair and alteration of elevators, escalators and similar conveyances and their components shall comply with the standards set forth in section 8-382 of this Code.

(g)

Section 1612.3 is hereby amended by inserting the words "Cook County, IL" where the words "insert name of jurisdiction" appear and "August 19, 2008" where the words "date of issuance" appears.

(h)

Section 3002.4 is hereby amended as follows:

3002.4 Elevators for fire department use.

In all new elevator installations in any structure, at least one elevator shall be provided for fire department use. Such elevator car shall be of such size and arrangement to accommodate a 24-inch by 88-inch (610 mm to 2236 mm) ambulance stretcher in the horizontal open position and a 42-inch (1067 mm) side-slide door to allow for turning a wheel chair or accommodating an ambulance stretcher in its horizontal position.

For a new elevator serving only two floors, a Limited Use/Limited Access (LULA) Elevator which accommodates a wheelchair shall be acceptable if a minimum five-foot-wide stair is also provided serving the same two floors.

(i)

Section 3003.2 is deleted and replaced as follows:

3003.2 Firefighters emergency operation. Elevators shall be provided with Phase 1 emergency recall operation and Phase 2 emergency in car operation in accordance with ASME A17.1 and NFPA72.

(j)

Section 3006.1, is deleted and replaced as follows:

3006.1 Access. An approved means of access shall be provided to elevator machine rooms and overhead machinery equipment spaces. This means is not to be used as a passage way through the machine room to other areas of the building or roof.

(k)

Chapter 32, "Encroachments into the Public right-of-way," is deleted in its entirety.

(l)

Section 3410.2 is hereby amended by inserting "April 1, 2010" where the words "DATE TO BE INSERTED BY JURISDICTION APPEAR. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION" appear.

(m)

Appendix G, "Flood-Resistant Construction," is deleted in its entirety.

(n)

Appendix H, "Signs," is deleted in its entirety.

(o)

Appendix J, "Grading," is deleted in its entirety.

(p)

Appendix K, "ICC Electrical Code," is deleted in its entirety.

(q)

Section 509.2 Group S-2 enclosed or open parking with Group A, B, M, R or S above, deleted and replaced as follows with section 510.2 from the 2015 International Building Code (2015 IBC). This subparagraph is intended to be applied as in the 2015 IBC:

Horizontal building separation allowance. A building shall be considered as separate and distinct buildings for the purpose of determining area limitations, continuity of fire walls, limitation of number of stories and type of construction where all of the following conditions are met:

a.

The buildings are separated with a horizontal assembly having a fire-resistance rating of not less than three-hour.

b.

The building below the horizontal assembly is of Type IA construction.

c.

Shaft, stairway, ramp or escalator enclosures through the horizontal assembly shall have not less than a two-hour fire-resistance rating with opening protectives in accordance with section 715.

d.

Exception: Where the enclosure walls below the horizontal assembly have not less than a three-hour fire-resistance rating with opening protectives in accordance with Table 715.4, the enclosure walls extending above the horizontal assembly shall be permitted to have a one-hour fire-resistance rating, provided:

1.

The building above the horizontal assembly is not required to be of Type I construction;

2.

The enclosure connects fewer than four stories; and

3.

The enclosure opening protectives above the horizontal assembly have a fire protection rating of not less than one-hour.

e.

The building or buildings above the horizontal assembly shall be permitted to have multiple Group A occupancy uses, each with an occupant load of less than 300, or Group B, M, R or S occupancies.

f.

The building below the horizontal assembly shall be protected throughout by an approved automatic sprinkler system in accordance with section 903.3.1.1, and shall be permitted to be any occupancy allowed by this Code except Group H.

g.

The maximum building height in feet shall not exceed the limits set forth in section 503 for the building having the smaller allowable height as measured from the grade plane.

(Code 1993, § 9-3.1; Ord. No. 2001-O-5, 2-27-2001; Ord. No. 2010-O-07, 5-11-2010; Ord. No. 2015-O-34, 7-28-2015)