§ 22-53. Amendments to the International Property Maintenance Code.

The International Property Maintenance Code, 2018 edition, as adopted by section 22-52 of this article, is hereby amended as provided in this section.

(a)

Amendments to all chapters and sections. In all chapters and sections of the IPMC, the following terms shall be replaced as follows: "name of jurisdiction" and "chief appointing authority of the jurisdiction" shall be replaced with "City of Peru"; "building official" and "code official" shall be replaced with "engineering and zoning director or their designee"; "department of building safety" and "department of property maintenance inspection" shall be replaced with "engineering and zoning department"; and "fire code official" shall be replaced with "fire chief or his designee".

(b)

Amendments to IPMC by chapter. IPMC Chapters 1 through 9, Appendix A, and the Index are hereby amended in their entirety to read as follows:

CHAPTER 1
SCOPE AND ADMINISTRATION

PART 1—SCOPE AND APPLICATION

SECTION 101
GENERAL

101.1 Title. These regulations shall be known as the City of Peru Property Maintenance Code, hereafter referred to as "this code."

101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owners authorized agent, operators, and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

101.3 Intent. Amended as follows: This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare, and to prevent and control blight insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. The intent of this chapter is not to regulate, alter or in any way affect the lifestyle, personal habits, or domestic patterns of such owners, operators and occupants in a manner unrelated to the public health, safety and welfare.

101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall NOT affect the validity of the remaining portions of this code.

SECTION 102
APPLICABILITY

102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.

102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner's authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this code to be removed from, shut off from or disconnected for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.

102.2.1 Facilities, utilities and equipment. Facilities, utilities and equipment, including but not limited to chimneys, heating and ventilating equipment and facilities, which are part of or used in or on a building and the premises on which such building is located shall be maintained in good repair and working order so that they function safely and effectively without threat to health and safety.

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 State Plumbing Code, Illinois Accessibility Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City of Peru Zoning Code.

102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and/or insanitary.

102.5 Workmanship. Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.

102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the engineering and zoning director or their designee to be safe and in the public interest of health, safety and welfare.

102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in sections 102.7.1 and 102.7.2

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

102.7.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.

102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

102.8 Requirements not covered by this Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the engineering and zoning director or their designee.

102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to reference such chapter, section or provisions of this code.

102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law or limit any remedy made available to the city thereunder.

PART 2—ADMINISTRATION AND ENFORCEMENT

SECTION 103
ADMINISTRATION

103.1 General. The engineering and zoning department shall be responsible for the administration and enforcement of this code. The city code official and executive of the engineering and zoning department is the engineering and zoning director. The engineering and zoning director shall have the authority to designate individual(s) as his/her designees to administer and enforce this code pursuant to the powers delegated to them by the engineering and zoning director.

103.2 Reserved.

103.3 Reserved.

103.4 Liability. The engineering and zoning director or their designee charged with the enforcement of this code, while acting for the city, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of and act or by reason of an act or omission in the discharge of official duties.

103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by corporate counsel until the final termination of the proceedings. The engineering and zoning director or their designee or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.

103.5 Fees. The city is authorized to charge reasonable fees for activities and services performed by the engineering and zoning department in carrying out its responsibilities under this code.

SECTION 104
INSPECTIONS

104.1 General. The engineering and zoning director is hereby authorized and directed to enforce the provisions of this code. The engineering and zoning director or their designee shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waving requirements specifically provided for in this code.

104.2 Inspections. The engineering and zoning director or their designee shall make all of the required inspections or shall accept reports of inspections by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The engineering and zoning director or their designee is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city council. Inspections pursuant to this code shall be conducted based upon complaint, invitation of a tenant or property owner, or based upon the observation of a city employee from public property, private property open generally to the public or while invited upon private property, unless the Code specifically provides otherwise.

104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the engineering and zoning director or their designee has personal knowledge or reasonable cause to believe that a violation of this code exists in a structure or upon a premises a condition in violation of this code, the engineering and zoning director or their designee is authorized to enter upon structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the engineering and zoning director or their designee shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the engineering and zoning director or their designee shall first make a reasonable effort to locate the owner, the owner's authorized agent or other person having charge or control of the structure or the premises and request entry. If entry is refused, the engineering and zoning director or their designee shall have recourse to the remedies provided by law to secure entry.

104.4 Identification. The engineering and zoning director or their designee shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

104.5 Notices and orders. The engineering and zoning director or their designee shall issue all necessary notices or orders to ensure compliance with this code.

SECTION 105
APPROVAL

105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the engineering and zoning director or their designee shall have the authority to grant modifications for individual cases upon application of the owner or owner's authorized agent, provided the engineering and zoning director or their designee shall first find that special individual reason makes the strict letter of the code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements.

105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the engineering and zoning director or their designee finds that the proposed design is satisfactory and complies with the intent or the provisions of this code, and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the engineering and zoning director or their designee shall respond in writing, stating the alternative was not approved.

105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the engineering and zoning director or their designee shall have the authority to require tests to be made as evidence of compliance at no expense to the city.

105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the engineering and zoning director or their designee shall be permitted to approve appropriate testing procedures performed by an approved agency.

105.4 Used materials and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the engineering and zoning director or their designee.

105.5 Approved materials and equipment. Materials, equipment and devices approved by the engineering and zoning director or their designee shall be constructed and installed in accordance with such approval.

105.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports form approved sources.

SECTION 106
VIOLATIONS

106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.

106.2 Notice of violation. The engineering and zoning director or their designee shall serve a notice of violation or order in accordance with section 107.

106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with section 107 shall be subject charged with a civil infraction pursuant to, and in accordance with, the administrative adjudication system provisions set forth in Chapter 3 of the City of Peru Code of Ordinances. Nothing in this code shall preclude the city from petitioning a court of competent jurisdiction to adjudicate any ordinance violation. Any action taken by the city on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be subject to a fine of not less than $50.00 nor more than $750.00 for each such violation, unless otherwise specified in this code or the City of Peru Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the city attorney from instituting any appropriate legal action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises.

SECTION 107
NOTICES AND ORDERS

107.1 Notices to person responsible. Whenever the engineering and zoning director or their designee determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with section 108.3.

107.2 Form of notice. Such notice prescribed in section 107.1 shall be in accordance with all of the following:

1)

Be in writing.

2)

Include a description of the real estate sufficient for identification.

3)

Include a statement of the violation or violations and why the notice is being issued.

4)

Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.

5)

Inform the property owner or owner's authorized agent of the right to appeal.

6)

Include a statement of the right to file a lien in accordance with section 106.3

107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

1)

Delivered personally;

2)

Sent by certified or first-class mail addressed to the last known address; or

3)

If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the engineering and zoning director or their designee shall not be mutilated, destroyed or tampered with, or removed without authorization from the engineering and zoning director or their designee.

107.5 Penalties. Penalties for noncompliance with orders and notices shall be set forth in section 106.4.

107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the engineering and zoning director or their designee and shall furnish to the engineering and zoning director or their designee a signed and notarized statement from the grantee, transferee, mortgagee or lease, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT

108.1 General. When a structure or equipment is found by the engineering and zoning director or their designee to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure due to dangerous or unsanitary conditions that are likely to cause injury or disease, a lack of minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the engineering and zoning director or their designee finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and/or contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code or other applicable law, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

108.1.5 Dangerous and unsafe structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous and unsafe:

1)

Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the city as related to the requirements for existing buildings.

2)

The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

3)

Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

4)

Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

5)

The building or structure, or part thereof, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

6)

The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

7)

The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

8)

Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the city, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

9)

A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by engineering and zoning director or their designee to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

10)

Any building or structure, because of a lack of sufficient or proper fire-resistance rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the engineering and zoning director or their designee to constitute a threat to life or health.

11)

Any portion of a building remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned, such building or portion thereof constitutes an attractive nuisance or hazard to the public.

108.1.6 Nuisance declared. Whenever any building, structure, or any portion thereof is designated as dangerous and unsafe under this code, it shall constitute a public nuisance.

108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the engineering and zoning director or their designee is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the engineering and zoning director or their designee shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.

108.2.1 Authority to disconnect service utilities. The engineering and zoning director or their designee shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The engineering and zoning director or their designee shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.

108.3 Notice. Whenever the engineering and zoning director or their designee has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in section 107.2.

108.4 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the engineering and zoning director or their designee shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

108.4.1 Placard removal. The engineering and zoning director or their designee shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the engineering and zoning director or their designee shall be subject to the penalties provided by this code.

108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the engineering and zoning director or their designee shall be vacated as ordered by the engineering and zoning director or their designee. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed dangerous and unsafe by the engineering and zoning director or their designee shall abate or cause to be abated or corrected such dangerous and unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

SECTION 109
EMERGENCY MEASURES

109.1 Imminent danger. When, in the opinion of the engineering and zoning director or their designee, 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, the engineering and zoning director or their designee is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The engineering and zoning director or their designee shall cause to be posted at the front entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the City of Peru." 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.

109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the engineering and zoning director or their designee, there is imminent danger due to a dangerous or unsafe condition, the engineering and zoning director or their designee order the necessary work to be done, including but not limited to the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the engineering and zoning director or their designee deem necessary to meet such emergency.

109.3 Closing streets. When necessary for public safety, the engineering and zoning director or their designee shall temporarily close structures, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

109.4 Emergency repairs. For the purposes of this section, the engineering and zoning director or their designee shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

109.5 Costs of emergency repairs. Costs incurred by the city in the performance of emergency work shall constitute a lien against the property. The city attorney shall institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located for the recovery of such costs.

109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter be afforded a hearing in the city administrative adjudication system as set forth in Chapter 3 of the City of Peru Code of Ordinances.

SECTION 110
DEMOLITION, REPAIR, ENCLOSURE, AND REMEDIATION

110.1 General. The engineering and zoning director or their designee shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the engineering and zoning director or their designee'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 board up 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 one year, the engineering and zoning director or their designee shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond 30 days unless approved by the engineering and zoning director or their designee.

110.2 Notices and orders. Notices and orders for the demolition, repair, enclosure or remediation of a dangerous and unsafe structure or premises shall be given to the property owner(s) and lienholders of record in accordance with section 107.

110.3 Failure to comply. If, after at least 15 days written notice, the property owner and lienholders of record have failed to repair and make safe or demolish the dangerous and unsafe structure, the city attorney is authorized to petition the Circuit Court of LaSalle County, Illinois, for an order authorizing action to be taken with respect to the structure or requiring the owner(s) of record to demolish, repair, or enclose the structure or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the structure. The cost of the demolition, repair, enclosure, or removal incurred by the city, including court costs, attorney's fees, and other costs related to the enforcement of this code, shall be recoverable from the owner(s) of the real estate and shall be a lien upon such real estate. Said lien shall be superior to all prior existing liens and encumbrances, except taxes.

110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

110.5 Other remedies. Nothing in this code shall limit the city from pursuing any other remedy made available to it with respect to the demolition, repair, enclosure, and remediation of dangerous, unsafe, and/or abandoned structures and premises, including but not limited to those remedies provided in section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1).

SECTION 111
CONTESTS AND APPEALS

111.1 General. Any person directly affected by a decision of the engineering and zoning director or their designee, a notice or order issued under this code, or a determination or order of the administrative hearing officer shall have the right to contest and/or appeal that decision or order in accordance with the provisions set forth in Chapter 3 of the City of Peru Code of Ordinances.

SECTION 112
STOP WORK ORDER

112.1 Authority. Whenever the engineering and zoning director or their designee finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the engineering and zoning director or their designee is authorized to issue a stop work order.

112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

112.3 Emergencies. Where an emergency exists, the engineering and zoning director or their designee shall not be required to give a written notice prior to stopping the work.

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $50.00 nor more than $750.00.

CHAPTER 2
DEFINITIONS

SECTION 201
GENERAL

201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.

201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Illinois State Plumbing Code, International Residential Code, International Zoning Code, Illinois Accessibility Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.

201.4 Terms not defined. Where terms are not defined through the methods authorized by this Section, such terms shall have ordinarily accepted meanings such as the context implies.

201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."

SECTION 202
GENERAL DEFINITIONS

Accessory building or structures : A detached building or structure in a secondary capacity from the main or principal building or structure on the same premises.

Anchored: Secured in a manner that provides positive connection.

Apartment: A dwelling unit having a bathroom, kitchen facilities, and sleeping area.

Appropriate authority: The person or persons within the city who are charged with the administration of the appropriate code or ordinance.

Approved: Acceptable to the local and/or state authority having such administrative authority.

Ashes: The residue from the burning of combustible materials.

Attic: Any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for business, storage, or habitation.

Basement: A portion of a building located partly or wholly below grade and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Bathroom: A room containing plumbing fixtures including a bathtub or shower.

Bedroom: Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

Boarding house: The same definition as a rooming house herein.

Building: A single fixed structure with walls, foundation and roof, such as a house, factory, garage, apartment, etc.

Bulk container: Any metal garbage, rubbish, and/or refuse container having a capacity of two cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.

Cellar: A portion of a building located partly or wholly below grade and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Central heating system: A single system supplying heat to one or more dwelling units or more than one rooming unit.

Chimney: A vertical shaft of brick, reinforced concrete, steel, or other approved noncombustible, heat-resisting material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.

Code official: The engineering and zoning director or their designee that is charged with the administration and enforcement of this code, or any duly authorized representative.

Condemn: To adjudge unfit for occupancy.

Cost of such demolition or emergency repairs: The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a court, code official, the governing body or board of appeals.

Detached: When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.

Deterioration: To weaken, disintegrate, corrode, rust or decay and lose effectiveness.

Derelict vehicle: As defined in 625 ILCS 5/1-115.07.

Dilapidated: In such state of disrepair as to no longer be adequate for the purpose or use for which it was originally intended.

Dormitory: A building or a group of rooms in a building used for institutional living and sleeping purposes by four or more persons.

Dwelling: Any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating, provided that temporary housing as hereinafter defined shall not be classified as a dwelling.

Easement: That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.

Egress: An arrangement of exit facilities to provide a safe means of exit from a building.

Engineering and zoning director or their designee: The person who is the inspector for the City of Peru Property Maintenance Code, and any other so assigned code enforcement inspector or their designee. This person may also be the building inspector or assistant building inspector of the city.

Equipment support: Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.

Exterior property: The open space on the premises and on adjoining property under the control of owners or operators of such premises.

Extermination: The control and elimination of insects, rodents, or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food, poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination method approved by the local or state authority having such administrative authority.

Fair market value: A price at which a knowledgeable, willing, and unpressured buyer would probably pay to a knowledgeable, willing, and unpressured seller in the market.

Family: One or more individuals occupying a single dwelling unit; provided, that unless all such individuals who are related by blood, marriage, legal adoption or are foster children, no such family shall contain over four unrelated persons; and not more than two guest or roomers whether gratuitous or non-gratuitous may also be housed. The term family, as regarding the number of persons residing within a dwelling unit, shall be further regulated by the necessary minimum requirement to the zoning ordinance of the city whenever such standards are more restrictive.

Flush water closet: A toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level.

Garbage: The animal or vegetable wastes resulting from the handling, preparation, cooking, service, and non-consumption of food.

Grade: The finished ground level as defined by code, covenant, ordinance or code official.

Guard: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

Habitable room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than 50 square feet of floor space, foyers, or communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreational areas.

Heated water: Water heated to a temperature of not less than 120°F at the outlet.

Heating device: All furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices.

Historic building: Any building or structure that is one or more of the following:

1)

Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.

2)

Designated as historic under an applicable state or local law.

3)

Certified as a contributing resource within a National Register or state or locally designated historic district.

Household: One or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking, and eating facilities. (See also Family )

Housekeeping unit: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

Impervious to water: A clean, smooth surface, without cracks or holes, and made of material that is completely sealed so as to be water-resistant.

Imminent danger: A condition which could cause serious or life-threatening injury or death at any time.

Infestation: The presence within or around a dwelling or other structure of any insects, rodents or other pests.

Inoperable or derelict motor vehicle: A motor vehicle as defined by 625 ILCS 5/1-146 that is unable to be operated safely or legally on a public road for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

Labeled: Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.

Lavatory: A fixed wash bowl in bath or bedroom equipped with plumbing.

Lead-based paint: Any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the "safe" level of lead in residential paint products.

Let for occupancy or let: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

Lodging house: A dwelling unit in which sleeping accommodations and/or meals are provided for not more than 20 persons seeking shelter on a temporary basis for indefinite periods and open to the public and transients. This definition includes only those uses operating under the authorization of a recognizable local, state or federal agency.

Kitchen: Any room used for the storage of foods, preparation of foods and containing the following equipment: sink and/or other device for dishwashing, stove or other cooking device, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.

Kitchenette: A small kitchen or an alcove containing cooking facilities.

Multiple dwelling: Any single building or structure containing more than three dwelling units.

Neglect: The lack of proper maintenance for a building or structure.

Occupancy: The purpose for which a building or portion thereof is utilized or occupied.

Occupant: Any individual living or sleeping in a building, or having possession of a space within a building, except that in dwelling units a guest shall not be considered an occupant.

One-family dwelling: A building containing one dwelling unit with not more than one family or an individual plus no more than two lodgers, boarders or guests.

Openable area: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator: Any person who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let or offered for rent or other consideration.

Ordinary summer temperatures: An outside air temperature 10°F below the highest recorded temperature in the locality for the prior ten year period.

Owner: Any person who, alone or jointly or severally with others:

(a)

Shall have legal title to any premises, dwelling or dwelling unit, with or without actual possession thereof, or

(b)

Shall have charge, care, or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, manager, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this code and of the rules and regulations adopted pursuant thereto, to the same extent as if they were the owner.

Permissible occupancy: The maximum number of individuals permitted to reside in a dwelling unit, rooming unit or dormitory.

Person: Includes any individual, firm, corporation, association, partnership, cooperative or governmental agency.

Pest elimination: The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

Plumbing: Includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drain spouts, drains, vents, and plumbing; any other similarly supplied fixtures, and the installation thereof, together with all connections to water, sewer, or gas lines.

Premises: A lot, plot or parcel of land, easement or public way, including any structures thereon.

Privacy: The existence of conditions which will permit an individual or individuals to carry out an activity without interruption or interference by either the noise or sight of unwanted individuals.

Properly connected: Connected in accordance with all applicable codes and ordinances of the city and State of Illinois as from time to time in force; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health.

Public way: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

Rat harborage: Any condition found to exist under which rats may nest or find shelter.

Rat proofing: Construction designed to prevent the ingress or egress of rats to or from a given space or building, or from gaining access to food, water, or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings, and other places that may be reached and entered by rats by climbing, burrowing or other means, by the use of materials impervious to rat gnawing and other methods approved by the appropriate authority.

Refuse: All putrescible and non-putrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals.

Refuse container: A watertight container that is constructed of metal or other durable material imperious to rodents, that is capable of being serviced without creating unsanitary conditions or such other containers that have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight fitting.

Rooming house: Any dwelling other than a hotel or motel, or that part of any dwelling containing one or more rooming units and/or dormitory rooms, in which persons either individually or as families are housed with or without meals being provided.

Rooming unit: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not used for cooking purposes.

Rubbish: Combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and similar materials.

Safety: The condition of being reasonably free from danger and hazards which may cause accidents, injury, illness or disease.

Short term: A period of time of a short duration such as a visitor visiting for a week, but not to exceed 30 days.

Sleeping unit: A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

Space heater: A self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one room or two adjoining rooms.

Strict liability offense: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

Structure: That which is built or constructed or a portion thereof.

Supplied: Paid for, furnished by, provided by, or under the control of the owner, operator or agent.

Temporary housing: Any tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than 30 consecutive days.

Tenant: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof.

Toilet room: A room containing a water closet or urinal but not a bathtub or shower.

Toxic substance: Any chemical product applied on the surface of or incorporated into any structural or decorative material which constitutes a potential hazard to human health when at acute or chronic exposure levels.

Two-family dwelling: A building containing two dwelling units with not more than one family or individual plus not more than two lodgers or boarders or guests per unit.

Ultimate deformation: The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.

Unlicensed motor vehicle: A motor vehicle which does not display current valid license plates and/or current resignation and other current stickers required to operate on a public way.

Variance: A request for a departure from that which is required or specified and that which is permitted.

Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

Workmanlike: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

Yard: An open space on the same lot with a structure.

CHAPTER 3
GENERAL REQUIREMENTS

SECTION 301
GENERAL

301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. All buildings and premises shall be maintained in good repair and each part of a building shall perform the function for which such part was designed or intended to be used.

301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this code and also comply with all provisions of local, zoning, state and federal laws. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.

301.2.1 Change of occupancy. Any change of occupancy and the compliance with property zoning requirements are the responsibility of the owner, the owner's authorized agent, landlords and operators.

301.2.2 Responsibilities of owner, landlords and operators of hotels and motel:

1)

Every owner or operator of a hotel or motel shall comply with the provisions of this code.

2)

The owner or operator of every hotel or motel shall be responsible for the following:

A.

The sanitary maintenance of all walls, floors and ceilings, and for the maintenance of sanitary condition in every part of the hotel or motel.

B.

The extermination of any insects, rodents, or other pests wherever found in the hotel or motel

C.

The disposal of all garbage and rubbish by supplying each rooming unit with facilities for storage and disposal of garbage and rubbish and by providing for the general garbage and rubbish storage, disposal and collection needs of the hotel or motel.

D.

A contract effective as between owner and operator, operator and occupant, or owner and occupant with regard to compliance hereunder shall not relieve any person of the requirements imposed by this code upon such person.

301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

SECTION 302
EXTERIOR PROPERTY AREAS

302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.

302.1.1 Planting of grass. After demolition and/or alteration of any kind to the lot, the owner shall be required to properly fill, grade and seed or sod the lot within 30 days of demolition and/or alteration or the commencement of seasonable weather or issuance of a new construction permit. Once seeded or sodded, new grass shall be maintained; if need be it shall be reseeded or re-sodded until such time as the grass takes hold, grows and survives. After new grass takes hold it must be maintained in accordance with Section 302.4 of this code.

302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Surface and subsurface water drainage shall be maintained in a clean, sanitary, safe condition.

302.3 Sidewalks, driveways, parking lots and private streets. Cement or asphalt driveways and parking areas shall be maintained free of loose or broken material or cracks which are safety hazards and such driveways and parking areas shall be repaired as necessary to avoid safety hazards. All sidewalks, walkways, stairs, driveways, parking spaces, parking lots, private streets, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Where permitted, existing stone driveways and parking lots must be maintained in permanent forms designed to prevent the spread of gravel to public ways, easements and adjoining private property, but not to be expanded. Expansion of any gravel driveway or parking lot will require the entire driveway or parking lot be hard surfaced.

302.3.1 Public sidewalks. Owners shall keep all public sidewalks within the boundaries of their property clear of ice and snow after an accumulation of two inches or more.

302.3.2 Clearing parking lots and private streets. Any person owning or operating a parking lot or private street shall keep it clear, as may be practical, of snow, ice, dirt, debris and properly surfaced to include the repair of potholes.

302.4 Weeds. No premises within the city shall have uncontrolled growths of vegetation. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation other than trees, shrubs, cultivated flowers and gardens.

Upon failure of the owner or the owner's authorized agent having charge of a premises to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with section 106.3. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. If the owner or the owner's authorized agent fails to pay the costs of such removal, said costs shall be a lien on the property.

302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

1)

Upon failure of the owner or the owner's authorized agent having charge of a property to exterminate rodents after service of a notice of violation, they shall be subject to prosecution in accordance with section 106.3. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the exterior of the property in violation and remove or exterminate any such rodents thereon, and the costs of such removal or extermination shall be paid by the owner or agent responsible for the property. If the owner or the owner's authorized agent fails to pay the costs of such removal or extermination, said costs shall be a lien on the property.

2)

It shall be unlawful for any person, firm, or corporation, to permit the accumulation of any lumber, boxes, barrels, logs, concrete, stone or similar materials on any premises within the city in such a way that it may act as a rat harborage. In the case of logs or wood, including logs or wood stored for fireplace or stove use, the same shall not be placed closer than two feet from any property line, or be placed on the property such that it encroaches on any easement or impairs, stops, or disrupts any drainage swale. All lumber, boxes, concrete, stone or similar materials may only be stored in a rear yard and said storage area shall constitute no more than five percent of the rear yard, be piled no higher than four feet in height and be out of view from the street.

3)

All openings in exterior walls, foundations, basements, ground or first floors and roofs which have a one-half inch linear diameter or more opening shall be rat-proofed in a city approved manner if they are within 48 inches of the existing exterior ground level below such openings, or, if they may be reached by rats from the ground by climbing unguarded pipes, wires, cornices, stairs, roofs, or other sources of access such as trees, vines, or burrowing.

4)

All windows located at or near ground level used or intended to be used for ventilation, all other openings located at or near ground level, and all exterior doorways which might provide an entry for rats shall be supplied with adequate screens or such other devices as will effectively prevent the entrance of rats into the structure.

5)

All sewers, pipes, drains or conduits and resulting openings around such pipes and conduits shall be constructed and sealed to prevent the ingress or egress of rats.

6)

Interior floors of basements, cellars and other areas in contact with the soil shall be rat-proofed in a manner approved by the city engineering and zoning director or their designee.

7)

Materials stored outside the dwelling shall be stored in accordance with the provisions of this code.

8)

All procedures and materials used for rat-proofing shall be in accord with all requirements of the LaSalle County Health Department.

302. 6 Exhaust vents. Pipes, ducts, conductors, fans and blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

302.7 Accessory structures. All garages, tool sheds and all other accessory structures shall be kept in good repair so as not to be unsafe or a harborage for rats and other rodents. Fences and roadside mailboxes shall be maintained structurally sound, in good repair, and in the same condition required for other exterior surfaces. If attached to the exterior of a building, a television antenna shall be firmly and securely fastened to the building and shall be maintained structurally sound and in good repair. No television antenna or other reception devices shall be attached to any tree.

302.8 Motor vehicles. Except as provided for in other regulations, motor vehicles that are inoperative, unlicensed, unregistered, or abandoned shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled, for a period in excess of seven days, unless such motor vehicle or part thereof is completely enclosed within a building in a lawful manner and not plainly visible from the street or other public or private properties, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the legally zoned business of a licensed vehicle dealer or repair shop located thereon. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes in the proper zoning district. This exception is not allowed in residential zoning districts.

302.8.1 Motor vehicle tarps. Fitted motor vehicle tarps designed to cover the specific vehicle, provided they are in good condition, may be used to protect a vehicle but not to hide a code violation, and vehicles covered by tarps shall not remain in one location on the exterior of the property for more than 30 days.

302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

302.10 Dangerous trees. No dead trees shall be allowed to remain on real estate within the city for more than three months. Live or dead vegetation shall not encroach on adjacent properties or public utilities.

302.11 Shared area and facilities. The shared or public areas and facilities of a building and premises, including parkways, shall be maintained in a clean and safe condition and in accordance with this code.

SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS

303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing and self-latching. Where the self-latching device is not less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section.

SECTION 304
EXTERIOR STRUCTURE

304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code, the International Residential Code, or the International Existing Building Code as required for existing buildings:

1.

The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength.

2.

The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects.

3.

Structures or components thereof that have reached their limit state.

4.

Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight.

5.

Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects.

6.

Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

7.

Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

8.

Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects.

9.

Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects.

10.

Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

11.

Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

12.

Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

13.

Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

Exceptions:

1.

Where substantiated otherwise by an approved method.

2.

Demolition of unsafe conditions shall be permitted where approved by the engineering and zoning director or their designee.

304.2 Protective treatment. All exterior surfaces of any building shall be reasonably capable of withstanding the effects of the elements and decay. Any exterior surface which is deteriorated, decaying, disintegrating or which has lost its capability to reasonably withstand the effects of the elements shall be repaired and maintained in good condition including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).

304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

304.5 Foundation walls. Foundation walls shall be maintained substantially weather-tight, water-tight, and rodent-proof; shall be kept in sound condition and good repair; shall be kept free of holes or breaks, and of loose bricks, stones and other structural material; and shall be safe to use and capable of support of the load which normal use may cause to be placed thereon.

304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

304.7 Roofs, gutters, downspouts, sump pumps and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions which might prevent their proper functioning. All gutters and downspouts removed for maintenance of the structure must be reinstalled upon completion of maintenance and shall be securely fastened to the building they serve. Roof water and sump pump water shall not be discharged in a manner that creates a public and/or private nuisance, causes unnecessary erosion, or results in an unreasonable flow upon adjacent property.

304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. Temporary supporting devices not part of the original construction shall not be used except for short term emergencies, pending repair.

304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

304.12 Handrails and guards. All handrails and guards, or other types of protective railings required to be constructed or installed under any provision of the City Code of Ordinances or which have otherwise been constructed and installed, shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Structurally sound hand rails shall be provided on any flight of stairs containing three or more risers or is three or more feet higher than the adjacent area.

304.13 Window, skylight and door frames. Every window, skylight, exterior door, basement or cellar door, hatchway and frame shall be kept in sound condition, good repair and weather tight.

304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes.

304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

304.14 Insect screens. During the period from March 1st to November 30th, 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 not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. All windows located at or near ground level used or intended to be used for ventilation, all other openings located at or near ground level, and all exterior doorways which might provide an entry for rats, shall be supplied with adequate screens or such other devices as will effectively prevent the entrance of rats into the structure.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with section 702.3.

304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.

304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.

304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of one inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.

304.18.2 Windows. All operable windows that provide access to a dwelling unit, rooming unit or housekeeping unit that is owner occupied, rented, leased or let shall be equipped with a window sash locking device.

304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is owner occupied, rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.

304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.

304.20 Ingress and egress. Ingress to and egress from any building including, but not limited to, hallways, corridors, stairs and porches shall be maintained in good repair and free from obstructions.

304.21 Fences. All fences shall be maintained in good condition and alignment. Wood materials, except decay resistant woods, shall be protected against decay by use of stain, sealer or paint which is non-lead-based, or by other preservative materials. The height and other characteristics of all fences shall conform to the appropriate statutes, ordinances and regulations of the city.

SECTION 305
INTERIOR STRUCTURE

305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code, the International Residential Code, or the International Existing Building Code as required for existing buildings:

1.

The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength.

2.

The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects.

3.

Structures or components thereof that have reached their limit state.

4.

Structural members are incapable of supporting nominal loads and load effects.

5.

Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

6.

Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

Exceptions:

1.

Where substantiated otherwise by an approved method.

2.

Demolition of unsafe conditions shall be permitted where approved by the engineering and zoning director or their designee.

305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

305.3 Interior surfaces. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.

305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

SECTION 306
COMPONENT SERVICEABILITY

306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.

306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code, the International Residential Code, the International Fire Code, or the International Existing Building Code as required for existing buildings:

1.

Soils that have been subjected to any of the following conditions:

1.1.

Collapse of footing or foundation system.

1.2.

Damage to footing, foundation, concrete or other structural element due to soil expansion.

1.3.

Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil.

1.4.

Inadequate soil as determined by a geotechnical investigation.

1.5.

Where the allowable bearing capacity of the soil is in doubt.

1.6.

Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.

2.

Concrete that has been subjected to any of the following conditions:

2.1.

Deterioration.

2.2.

Ultimate deformation.

2.3.

Fractures.

2.4.

Fissures.

2.5.

Spalling.

2.6.

Exposed reinforcement.

2.7.

Detached, dislodged or failing connections.

3.

Aluminum that has been subjected to any of the following conditions:

3.1.

Deterioration.

3.2.

Corrosion.

3.3.

Elastic deformation.

3.4.

Ultimate deformation.

3.5.

Stress or strain cracks.

3.6.

Joint fatigue.

3.7.

Detached, dislodged or failing connections.

4.

Masonry that has been subjected to any of the following conditions:

4.1.

Deterioration.

4.2.

Ultimate deformation.

4.3.

Fractures in masonry or mortar joints.

4.4.

Fissures in masonry or mortar joints.

4.5.

Spalling.

4.6.

Exposed reinforcement.

4.7.

Detached, dislodged or failing connections.

5.

Steel that has been subjected to any of the following conditions:

5.1.

Deterioration.

5.2.

Elastic deformation.

5.3.

Ultimate deformation.

5.4.

Metal fatigue.

5.5.

Detached, dislodged or failing connections.

6.

Wood that has been subjected to any of the following conditions:

6.1.

Ultimate deformation.

6.2.

Deterioration.

6.3.

Damage from insects, rodents and other vermin.

6.4.

Fire damage beyond charring.

6.5.

Significant splits and checks.

6.6.

Horizontal shear cracks.

6.7.

Vertical shear cracks.

6.8.

Inadequate support.

6.9.

Detached, dislodged or failing connections.

6.10.

Excessive cutting and notching.

Exceptions:

1.

Where substantiated otherwise by an approved method.

2.

Demolition of unsafe conditions shall be permitted where approved by the engineering and zoning director or their designee.

SECTION 307
HANDRAILS AND GUARDRAILS

307.1 General. Every exterior and interior flight of stairs having more than three risers or more shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.

Exception: Guards shall not be required where exempted by the adopted building code.

SECTION 308
RUBBISH AND GARBAGE

308.1 Accumulation of litter, rubbish, debris or garbage. Exterior property and premises, and the interior of every structure, shall be free from any accumulation of litter, rubbish, debris or garbage. No person shall place on any premises or in a building any material which constitutes a fire or toxic hazard; endangers the life, health or safety of any person; or constitutes a blighting or deteriorating influence on the premises or neighborhood. No person shall keep or place in storage on the premises or in any building any furniture, equipment or material which harbors insects, rodents, or other pests, or is conducive to such.

308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.

308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.

308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.

308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

308.3.3 Container maintenance. Set out and removal times for all garbage and recycling containers shall comply with Section 90-38 of the City of Peru Code of Ordinances.

308.3.4 Accumulation of debris and storage of goods. No owner of a building or premises shall accumulate or permit the accumulation of rubbish, boxes, building or construction materials, scrap metal or any other materials in such a manner that such accumulation creates a public or private nuisance, poses a fire hazard or other risk to health and safety, or provides a rat harborage.

308.3.5 Bulk storage containers. Bulk storage containers, which are used for storage of garbage, refuse and/or other putrescible waste shall be placed on concrete or asphalt platforms which are constructed to minimize spillage onto the adjacent areas. These storage areas shall be screened on three sides by fencing of at least 80 percent opacity. All bulk storage containers shall be equipped with lids. Every owner of a dwelling containing three or more dwelling units shall supply facilities or bulk refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage and shall be responsible for their removal. The total capacity of all provided garbage and/or refuse cans and bulk storage containers shall be sufficient to meet the needs of the occupants of the dwelling and shall remain closed at all times.

SECTION 309
PEST ELIMINATION

309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation.

309.2 Owner or the owner's authorized agent. The owner or the owner's authorized agent of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.

309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.

309.4 Multiple occupancy. The owner or the owner's authorized agent of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and the owner or the owner's authorized agent shall be jointly responsible for pest elimination.

309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.

Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.

CHAPTER 4
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

SECTION 401
GENERAL

401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.

401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. 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.

401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation comply with the International Building Code shall be permitted.

SECTION 402
LIGHT

402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

Exception: Where natural light for rooms or spaces with- out exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than eight percent of the floor area of the interior room or space, or not less than 25 square feet (2.33 m ), whichever is greater. The exterior glazing area shall be based on the total floor area being served.

402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be adequately lighted by natural or artificial light at all times with a minimum of five foot candles. In other than residential occupancies, interior and exterior means of egress and stairways shall be illuminated at all times when the building space served by the means of egress is occupied, with not less than one foot candle (11 lux) at floors, landings and treads.

402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

SECTION 403
VENTILATION

403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in section 402.1.

Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m ). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.

403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.

403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.

Exceptions:

1.

Where specifically approved in writing by the engineering and zoning director or their designee.

2.

Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.

403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.

403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions.

Exception: Listed and labeled condensing (ductless) clothes dryers.

SECTION 404
OCCUPANCY LIMITATIONS

404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. The maximum number of occupants of any dwelling unit shall not exceed the number established in this Ordinance, unless otherwise approved by the city.

404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than seven feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of three feet (914 mm) between counterfronts and appliances or counterfronts and walls.

404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet (2134 mm).

Exceptions:

1.

In one- and two-family dwellings, beams or girders spaced not less than four feet (1219 mm) on center and projecting a maximum of six inches (152 mm) below the required ceiling height.

2.

Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of six feet eight inches (2033 mm) with a minimum clear height of six feet four inches (1932 mm) 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 seven 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 five feet (1524 mm) shall be included.

404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of sections 404.4.1 through 404.4.6.

404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m ) and every bedroom shall contain not less than 70 square feet (6.5 m ) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m ) of floor area for each occupant thereof.

404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

Exception: Units that contain fewer than two bedrooms.

404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story.

404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.

404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of chapter 5; the heating facilities and electrical receptacle requirements of chapter 6; and the smoke detector and emergency escape requirements of chapter 7.

404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.

TABLE 404.5 MINIMUM AREA
REQUIREMENTS

SPACE	MINIMUM AREA IN SQUARE FEET
	1—2 occupants	3—5 occupants	6 or more occupants
Living room a, b	120	120	150
Dining room a, b	No requirement	80	100
Bedrooms	Shall comply with Section 404.4.1

 

For SI: 1 square foot = 0.0929 m .

a. See section 404.5.2 for combined living room/dining room spaces.

b. See section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.

404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with section 404.4.

404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

1.

A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m ). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m ). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m ). These required areas shall be exclusive of the areas required by Items 2 and 3.

2.

The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

3.

The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

4.

The maximum number of occupants shall be three.

404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

404.7.1 Minimum standards for food preparation. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate circulation area, and which shall be equipped with the following:

1.

A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is properly connected to a building drain.

2.

Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not, under ordinary summer temperatures, require refrigeration for safekeeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food.

3.

A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than 45° F but more than 32° F under ordinary maximum summer temperatures, which are properly installed with all necessary conditions for safe, sanitary and efficient operation; provided, that such stove, refrigerator, and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and that sufficient space and adequate conditions for the safe and efficient installation and operation of said stove, refrigerator and/or similar devices are provided.

CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

SECTION 501
GENERAL

501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.

501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter.

SECTION 502
REQUIRED FACILITIES

[P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

[P] 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

[P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.

[P] 502.4 Employees' facilities. Not less than one water closet, one lavatory and one drinking facility shall be available to employees.

[P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.

[P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the Illinois State Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

SECTION 503
TOILET ROOMS

[P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.

[P] 503.1.1 Within every dwelling unit there shall be a non-habitable room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition. Said flush water closet shall be equipped with easily cleanable surfaces, be properly connected to a water system that at all times provides an adequate amount of running water under pressure to cause it to be operated properly, and shall be properly connected to a building drain.

[P] 503.1.2 Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure which is properly connected to a sewer system. Water inlets for lavatory sinks shall be located above the overflow rim of these facilities.

[P] 503.1.3 Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same rooms as the flush water closet or in another room and shall be properly connected to a water supply system, and which provides at all times an adequate amount of heated and unheated water under pressure and which is connected to a sewer system. Water inlets for bathtubs shall be located above the overflow rim of these facilities.

[P] 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.

[P] 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.

Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.

[P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.

SECTION 504
PLUMBING SYSTEMS AND FIXTURES

[P] 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

[P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.

[P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the engineering and zoning director or their designee shall require the defects to be corrected to eliminate the hazard.

SECTION 505
WATER SYSTEM

505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Illinois State Plumbing Code.

[P] 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

[P] 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

[P] 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

[P] 505.5 Nonpotable water reuse systems. Nonpotable water reuse systems and rainwater collection and conveyance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with section 505.5.1.

[P] 505.5.1 Abandonment of systems. Where a nonpotable water reuse system or a rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with applicable state regulations.

SECTION 506
SANITARY DRAINAGE SYSTEM

[P] 506.1 General. Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.

[P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.

[P] 506.3 Grease interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sew- age treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the city engineering and zoning director or their designee.

SECTION 507
STORM DRAINAGE

[P] 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.

CHAPTER 6
MECHANICAL AND
ELECTRICAL REQUIREMENTS

SECTION 601
GENERAL

601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.

601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter.

SECTION 602
HEATING FACILITIES

602.1 Facilities required. Heating facilities shall be provided in structures as required by this section.

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in the Illinois State Plumbing Code . Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

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 September 15 to May 15 capable of maintaining a minimum temperature of not less than 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms.

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to May 15 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.

602.5 Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.

602.6 Minimum thermal standards. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

1.

Equipment. Every dwelling shall have heating equipment and appurtenances which are properly installed, and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 65°F under ordinary winter conditions, or at least 80°F above the lowest temperature recorded at the National Weather Service Station in Peoria, Illinois.

2.

Proper venting of appliances. No owner or occupant shall install, operate or use a heating device including hot water heating units, which employs the combustion of carbonaceous fuel, which is not vented to the outside of the structure in an approved manner, and which is not supplied with sufficient air to continuously support the combustion of the fuel. All heating devices shall be constructed, installed, and operated in such a manner as to minimize the risk of fire and accidental burns.

SECTION 603
MECHANICAL EQUIPMENT

603.1 Mechanical appliances. Mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

603.2 Removal of combustion products. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

Exception: Fuel-burning equipment and appliances that are labeled for unvented operation.

603.3 Clearances. Required clearances to combustible materials shall be maintained.

603.4 Safety controls. Safety controls for fuel-burning equipment shall be maintained in effective operation.

603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.

603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.

SECTION 604
ELECTRICAL FACILITIES

604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and section 605.

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 60 amperes.

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the city engineering and zoning director or their designee shall require the defects to be corrected to eliminate the hazard.

604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this Section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.

604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code .

Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement:

1.

Enclosed switches, rated a maximum of 600 volts or less.

2.

Busway, rated a maximum of 600 volts.

3.

Panelboards, rated a maximum of 600 volts.

4.

Switchboards, rated a maximum of 600 volts.

5.

Fire pump controllers, rated a maximum of 600 volts.

6.

Manual and magnetic motor controllers.

7.

Motor control centers.

8.

Alternating current high-voltage circuit breakers.

9.

Low-voltage power circuit breakers.

10.

Protective relays, meters and current transformers.

11.

Low- and medium-voltage switchgear.

12.

Liquid-filled transformers.

13.

Cast-resin transformers.

14.

Wire or cable that is suitable for wet locations and whose ends have not been exposed to water.

15.

Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water.

16.

Luminaires that are listed as submersible.

17.

Motors.

18.

Electronic control, signaling and communication equipment.

604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.

604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code.

Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.

SECTION 605
ELECTRICAL EQUIPMENT

605.1 Installation. Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

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 not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.

605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection.

605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.

SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS

606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb-waiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the city engineering and zoning director or their designee. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.

606.2 Elevators. In buildings equipped with passenger elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied.

Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

SECTION 607
DUCT SYSTEMS

607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.

CHAPTER 7
FIRE SAFETY REQUIREMENTS

User note:

About this chapter: Chapter 7 establishes fire safety requirements for existing structures by containing requirements for means of egress, including path of travel, required egress width, means of egress doors and emergency escape openings, and for the maintenance of fire-resistance-rated assemblies, fire protection systems, and carbon monoxide alarm and detection systems.

SECTION 701
GENERAL

701.1 Scope. The provisions of this chapter shall govern the minimum conditions for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. 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.

SECTION 702
MEANS OF EGRESS

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.

702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed.

702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.

702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. 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 that the minimum net clear opening size complies with the code that was in effect at the time of construction 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.

SECTION 703
FIRE-RESISTANCE RATINGS

703.1 Fire-resistance-rated assemblies. The provisions of this chapter shall govern maintenance of the materials, systems and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings.

703.2 Unsafe conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with Section 111.1.1 of the International Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the City of Peru Fire Chief or State of Illinois Fire Marshal shall act in accordance with Section 111.2 of the International Fire Code.

703.3 Maintenance. The required fire-resistance rating of fire-resistance-rated construction, including walls, fire stops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annually by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspections and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly.

703.3.1 Fire blocking and draft stopping. Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continuity and integrity of the construction.

703.3.2 Smoke barriers and smoke partitions. Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105.

703.3.3 Fire walls, fire barriers, and fire partitions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Openings protected with approved doors or fire dampers shall be maintained in accordance with NFPA 80.

703.4 Opening protectives. Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field-applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assemblies shall not be modified.

703.4.1 Signs. Where required by the city engineering and zoning director or their designee, a sign shall be permanently displayed on or near each fire door in letters not less than one inch (25 mm) high to read as follows:

1.

For doors designed to be kept normally open: FIRE DOOR - DO NOT BLOCK.

2.

For doors designed to be kept normally closed: FIRE DOOR - KEEP CLOSED.

703.4.2 Hold-open devices and closers. Hold-open devices and automatic door closers shall be maintained. During the period that such a device is out of service for repairs, the door it operates shall remain in the closed position.

703.4.3 Door operation. Swinging fire doors shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position.

703.5 Ceilings. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire-resistance-rated horizontal assembly shall be prohibited.

703.6 Testing. Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained by the owner.

703.7 Vertical shafts. Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the International Fire Code. New floor openings in existing buildings shall comply with the International Building Code.

703.8 Opening protective closers. Where openings are required to be protected, opening protectives shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices shall be replaced if the fusible link rating exceeds 135°F (57°C).

SECTION 704
FIRE PROTECTION SYSTEMS

704.1 Inspection, testing and maintenance. Fire detection, alarm and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents shall be maintained in accordance with the International Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.

704.1.1 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered or augmented as necessary to maintain and continue protection where the building is altered or enlarged. Alterations to fire protection systems shall be done in accordance with applicable standards.

704.1.2 Required fire protection systems. Fire protection systems required by this code, the International Fire Code or the International Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection system for which a design option, exception or reduction to the provisions of this code, the International Fire Code or the International Building Code has been granted shall be considered to be a required system.

704.1.3 Fire protection systems. Fire protection systems shall be inspected, maintained and tested in accordance with the following International Fire Code requirements.

1.

Automatic sprinkler systems, see section 903.5.

2.

Automatic fire-extinguishing systems protecting commercial cooking systems.

3.

Automatic water mist extinguishing systems, see section 904.11.

4.

Carbon dioxide extinguishing systems, see section 904.8.

5.

Carbon monoxide alarms and carbon monoxide detection systems, see section 915.6.

6.

Clean-agent extinguishing systems, see section 904.10.

7.

Dry-chemical extinguishing systems, see section 904.6.

8.

Fire alarm and fire detection systems, see section 907.8.

9.

Fire department connections, see sections 912.4 and 912.7.

10.

Fire pumps, see section 913.5.

11.

Foam extinguishing systems, see section 904.7.

12.

Halon extinguishing systems, see section 904.9.

13.

Single- and multiple-station smoke alarms, see section 907.10.

14.

Smoke and heat vents and mechanical smoke removal systems, see section 910.5.

15.

Smoke control systems, see section 909.20.

16.

Wet-chemical extinguishing systems, see section 904.5.

704.2 Standards. Fire protection systems shall be inspected, tested and maintained in accordance with the referenced standards listed in Table 704.2 and as required in this section.

TABLE 704.2 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS

SYSTEM	STANDARD
Portable fire extinguishers	NFPA 10
Carbon dioxide fire-extinguishing system	NFPA 12
Halon 1301 fire-extinguishing systems	NFPA 12A
Dry-chemical extinguishing systems	NFPA 17
Wet-chemical extinguishing systems	NFPA 17A
Water-based fire protection systems	NFPA 25
Fire alarm systems	NFPA 72
Smoke and heat vents	NFPA 204
Water-mist systems	NFPA 750
Clean-agent extinguishing systems	NFPA 2001

 

704.2.1 Records. Records shall be maintained by the owner of all system inspections, tests and maintenance required by the referenced standards.

704.2.2 Records information. Initial records shall include the: name of the installation contractor; type of components installed; manufacturer of the components; location and number of components installed per floor; and manufacturers' operation and maintenance instruction manuals. Such records shall be maintained by the owner for the life of the installation.

704.3 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901 of the International Fire Code to bring the systems back in service.

704.3.1 Emergency impairments. Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the International Fire Code.

704.4 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system or other fire appliance required by this code except for the purposes of extinguishing fire, training, recharging or making necessary repairs.

704.4.1 Removal of or tampering with appurtenances. Locks, gates, doors, barricades, chains, enclosures, signs, tags and seals that have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any manner.

704.4.2 Removal of existing occupant-use hoselines. The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:

1.

The installation is not required by the International Fire Code or the International Building Code.

2.

The hose line would not be utilized by trained personnel or the fire department.

3.

The remaining outlets are compatible with local fire department fittings.

704.4.3 Termination of monitoring service. For fire alarm systems required to be monitored by the International Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.

704.5 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than six inches (152 mm) high and words in letters not less than two inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official.

704.5.1 Fire department connection access. Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief.

Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the International Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.

704.5.2 Clear space around connections. A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections.

704.6 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with sections 704.6.1 through 704.6.3.

704.6.1 Where required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with sections 704.6.1.1 through 704.6.1.4. Interconnection and power sources shall be in accordance with sections 704.26.2 and 704.6.3.

Exceptions:

1.

Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided.

2.

Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation.

3.

Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.

704.6.1.1 Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:

1.

In sleeping areas.

2.

In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.

3.

In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

704.6.1.2 Groups R-2, R-3, R-4 and I-1. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R- 2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:

1.

On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

2.

In each room used for sleeping purposes.

3.

In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

704.6.1.3 Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by section 704.6.1.1 or 704.6.1.2.

1.

Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance.

2.

Ionization smoke alarms with an alarm-silencing switch shall not be installed less than ten feet (3048 mm) horizontally from a permanently installed cooking.

3.

Photoelectric smoke alarms shall not be installed less than six feet (1829 mm) horizontally from a permanently installed cooking appliance.

704.6.1.4 Installation near bathrooms. Smoke alarms shall be installed not less than three feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by section 704.6.1.1 or 704.6.1.2

704.6.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

Exceptions:

1.

Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.

2.

Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes.

704.6.3 Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over-current protection.

Exceptions:

1.

Smoke alarms are permitted to be solely battery operated in existing buildings where construction is not taking place.

2.

Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.

3.

Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes.

704.6.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:

1.

The fire alarm system shall comply with all applicable requirements in Section 907 of the International Fire Code.

2.

Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code.

3.

Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.6 of the International Fire Code.

704.7 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be tested and maintained in accordance with the manufacturer's instructions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one- and two-family dwellings shall be replaced not more than ten years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined.

SECTION 705
CARBON MONOXIDE ALARMS AND DETECTION

705.1 General. Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the International Residential Code shall be installed in accordance with Section R315 of that code.

705.2 Carbon monoxide alarms and detectors. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced.

CHAPTER 8
REFERENCED STANDARDS

User note:

About this chapter: This code contains numerous references to standards promulgated by other organizations that are used to provide requirements for materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in this code. These standards, in essence, are part of this code to the extent of the reference to the standard. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in section 102.7.

_____

ASME	American Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 ASME A17.1-2016/CSA B44-16: Safety Code for Elevators and Escalators	606.1
ASTM	ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 F1346-91 (2010): Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs	303.2
ICC	International Code Council 500 New Jersey Avenue, NW 6 th Floor Washington, DC 20001
	IBC-18: International Building Code®	102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 604.3.1.1, 604.3.2.1, 702.3, 704.4.2
	IECC-18: International Energy Conservation Code®	102.3
	IEBC-18: International Existing Building Code®	102.3, 201.3, 304.1.1, 305.1.1, 306.1.1
	IFC-18: International Fire Code®	102.3, 201.3, 604.3.1.1, 702.1, 702.2, 704.1, 704.1.2, 704.1.3, 704.3, 704.3.1,704.4.2 704.4.3, 704.5.1, 704.6.4
	IFGC-18: International Fuel Gas Code®	102.3, 201.3
	IMC-18: International Mechanical Code®	102.3, 201.3
	IPC -18: International Plumbing Code®	102.3, 201.3, 502.5, 505.1, 505.5.1, 602.2, 602.3
	IRC-18: International Residential Code®	102.3, 201.3
	IZC-18: International Zoning Code®	102.3, 201.3
NFPA	National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269
	10-17: Standard for Portable Fire Extinguishers	Table 704.2
	12-15: Standard on Carbon Dioxide Extinguishing Systems	Table 704.2
	12A-15: Standard on Halon 1301 Fire Extinguishing Systems	Table 704.2
	17-17: Standard for Dry Chemical Extinguishing Systems	Table 704.2
	17A-17: Standard for Wet Chemical Extinguishing	Table 704.2
	25-17: Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems	Table 704.2
	70-17: National Electric Code	102.3, 201.3, 604.2
	72-16: National Fire Alarm and Signaling Code	Table 704.2
	80-16: Standard for Fire Doors and Other Opening Protectives	704.2
	105-16: Standard for Smoke Door Assemblies and Other Opening Protectives	703.3.3, 703.4703.3.2
	204-15: Standard for Smoke and Heat Venting	704.2
	720-15: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment	[F] 705.2
	750-14: Standard on Water Mist Fire Protection Systems	Table 704.2
	2001-15: Standard on Clean Agent Fire Extinguishing Systems	Table 704.2
UL	Under Writers Laboratories, LLC 333 Pfingsten Road Northbrook, IL 60062
	268-09: Smoke Detectors for Fire Alarm Systems	704.6.4

 

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APPENDIX A
BOARDING STANDARD

User note:

About this appendix: Appendix A provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality. These requirements also provide a reasonable means to eliminate having to approve numerous methods or materials for the boarding and securing of a structure. It is important to note that the provisions of Appendix A are not mandatory unless specifically referenced in the adopting ordinance of the authority having jurisdiction.

A101
GENERAL

A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure.

A102
MATERIALS

A102.1 Boarding sheet material. Boarding sheet material shall be minimum ½-inch-thick (12.7 mm) wood structural panels complying with the International Building Code.

A102.2 Boarding framing material. Boarding framing material shall be minimum nominal two-inch by four-inch (51 mm by 102 mm) solid sawn lumber complying with the International Building Code.

A102.3 Boarding fasteners. Boarding fasteners shall be minimum ⅜-inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code.

A103
INSTALLATION

A103.1 Boarding installation. The boarding installation shall be in accordance with figures A103.1(1) and A103.1(2) and sections A103.2 through A103.5.

For SI: 1 inch = 25.4mm.

A103.2 Boarding sheet material. The boarding sheet material shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window.

A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The two-inch by four-inch (51 mm by 102 mm) strong back framing material shall be cut minimum two inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening six inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be predrilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured.

A103.4 Door walls. The door opening shall be framed with minimum two-inch by four-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every six inches (152 mm) on center.

A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner.

A104
REFERENCED STANDARD

IBC-18: International Building Code®

A102.1, A102.2, A102.3

 

(Ord. No. 6370, § 2(Exh. A), 4-15-2019)