Can they really do that? Trustee question

[rktect 1]

So....., OK. I asked for some clarification from the Village Attorney.

The Village has adopted and amended the Life Safety Code to require fire sprinklers if you have an area of rehabilitation exceeding 50%. They have also emended the IRC and IBC to delete sections 112 and 113 Board of Appeals. So no board. No appeals. The owner of a project was told they will need a fire sprinkler system based on the amended life safety code. Now, the attorney is saying that because this was done through an ordinance, the appeal can go directly to the board of trustees who can then waive the code requirement that was previously adopted. It was my understanding that the adopted code then becomes LAW and no waiving or variance could actually be given. Had the Village simply added this to their own Village requirements in say chapter X Extra Building Requirements. Section A Fire Sprinklers Required. instead of amending the building codes (through an ordinance) they could just up and waive them.

So, is the attorney correct now? Can the Village now ask for a reason why the owner needs the relief from the code provisions, debate it around, and determine not to require this?

 

[bill1952]

What is basis for appeal besides owner doesn't want to pay for it? And what is owner offering to add in the sprinklers place?

 

[Mr. Inspector]

Nor sure what you mean by village. Is this a private community or a legal jurisdiction? Does the state allow them to change the state adopted code this way?

 

[Joe.B]

The State of Illinois has not adopted statewide building codes. Instead, units of local government such as cities and counties can adopt codes of their choice. The best and most accurate answers to building code questions must be answered by your city, village, or county code official.

To assist the public in navigating these local codes, CDB has been tasked with identifying and publishing them on its website.

From:

Building Codes and Regulations

cdb.illinois.gov

 

[SCBO1]

The board of appeals could be amended out and replaced with another board like the Board of Alderman, Board of Trustees, City Council etc. as long as theres an appeal process IMO.

It's getting a little harder to get volunteers to fill these boards nowadays so the paid boards can handle it now.

 

[Joe.B]

Yeah, our "board of appeals" is the planning commission... Thankfully nobody has had reason to appeal anything, I'm sure our lawyer would be very busy weeding through any determinations they were to make. My understanding (from a study guide) is appeal boards can only:

"Consider new techniques, reverse a decision, prohibit new techniques"

They cannot:

"Consider new technology, reverse a decision, enact new code provisions"
"Hear any appeal, reverse a decision, amend the code"
"Hear specific appeal, reverse a decision, grant a variance"

References the Legal Aspects of Code Administration page 20-21

Several questions about appeals were on the actual test too... I'll await the knock on the door from the copyright police... Does ICC monitor this site? Guess I'm going to find out

 

[rktect 1]

Nor sure what you mean by village. Is this a private community or a legal jurisdiction? Does the state allow them to change the state adopted code this way?

What state adopted code? THis is Illinois and we are a home rule village/city of 14,000 population.

 

[Beniah Naylor]

104.10 of the IBC gives the building official the ability to grant modifications. The reality is that a building official is not the highest individual on the totem pole, and so the building official can be... persuaded... to grant a modification by their employer. In the end, the BO works for the city, so as long as granting a modification was not grossly negligent or violating state or federal law, the BO really can't be prosecuted on a municipal level if everything is properly documented.