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Buildings Damaged By Fire, Storms, or Other Circumstances

When a building is damaged by fire, storm or other incident, some degree of building restoration will be required. After the initial efforts to secure the building, such as board-up, a building permit is required prior to any reconstruction of the damaged or compromised building components. This page is designed to assist in providing information on what will be expected from a permit and building code perspective during the damage repair process. The scope of repair and permit requirements will be determined based on the type and extent of damage during the plan review process. We highly recommend that you share this information with your insurance company and general contractor, as some of these items may not be covered by your insurance provider.

To apply for a permit:

Maintstar - h2.maintstar.co/wheaton/portal/#/

Significant Codes
All new building and damage restoration work that is performed within the City of Wheaton must be done in compliance with the current adopted codes of the City as well as any applicable State laws and requirements. You will need to enlist an Illinois-licensed Design Professional if your building has experienced any structural damage, if any load-bearing members have been compromised, or if any new construction or remodeling work will be done in conjunction with the damage repairs. Listed below are some of the codes that may require you to upgrade specific components of your damaged building. To obtain the list of current adopted codes within the City of Wheaton, please click this link: Adopted Building Codes.

Building
All building components and systems that have been damaged and must be repaired/replaced are required to be designed, constructed, and installed per the current adopted codes and ordinances of the City of Wheaton and the State of Illinois. Any mechanical equipment or appliances must be installed per code and in compliance with the manufacturer’s installation specifications. If any structural elements of your building have been compromised, the repair must be designed by an Illinois-licensed design Professional.

Some Building Code requirements that may require upgrades after a damage incident (not a complete list, other concerns and requirements may be present based upon specific situations):

Residential

  • Structural members: All structural members that have been damaged or structurally compromised must be replaced in compliance with current applicable codes and ordinances. If the structural member is a specialized or engineered design, or is not in compliance with prescriptive code, a signed and sealed plan from an Illinois-licensed Design Professional will be required to be submitted.
  • Fire blocking: Per the current code. Homes constructed by balloon framing will require fire blocking at various locations.
  • Insulation: Per the current Illinois Energy Conservation Code requirements.
  • Windows: Windows that need to be replaced must comply with current energy efficiency standards. If the window that is to be replaced is required to be an egress window (generally in sleeping rooms and basements), then the replacement window must comply with all minimum emergency egress requirements, including size, positioning, and egress path.
  • Carbon Monoxide Detector (CO2): Per Code, all dwellings are required to have an operable carbon monoxide detector within 15’-0” of any bedroom. When more than one carbon monoxide detector is installed within an individual dwelling, the alarm devices shall be interconnected.
  • Smoke Alarms: Interconnected Smoke Alarms shall be installed in the following locations:
    1. In each sleeping room.
    2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
    3. On each additional story of the dwelling unit, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In 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.
    4. Not less than 3 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 this section.
    5. In the hallway and in the room open to the hallway in dwelling units where the ceiling height of a room open to a hallway serving bedrooms exceeds that of the hallway by 24 inches (610 mm) or more.
    6. Within the room to which a Sleeping Loft is open, in the immediate vicinity of the sleeping loft.
  • Bath and Dryer Vents: Bathroom and clothes dryer vents are required to vent to the outside and must comply with calculated length requirements as well as exterior termination requirements.
  • Plumbing: Any plumbing that is to be added, repaired, or replaced must comply with the current State of Illinois Plumbing Code and the adopted codes and ordinances of the City of Wheaton.
  • Overhead sewer: Per ordinance, any new plumbing installations below grade must be served by overhead sewer. An overhead sewer system will be required to be installed for any new basement plumbing installations or the remodeling of any existing plumbing in a basement.
  • Electrical: All electrical work must comply with the current adopted version of the National Electrical Code and all applicable City of Wheaton ordinances.
    • GFCI and Arc-Fault protection to be installed where required.
    • If the existing meter has been damaged, the replacement meter is required to have an integrated exterior service disconnect, and all grounding/bonding requirements must be met (two ground rods, intersystem bonding termination device, etc.)
    • Receptacle spacing and lighting requirements per code in areas of substantial replacement.
    • All existing electrical wiring within a structure that has been exposed to heat or water must be inspected and approved for use by a licensed electrician. Any replacements must comply with the current code. Any wiring or fixtures that are currently prohibited by code that are located in the damaged area and exposed must be replaced.
  • Stair rise and run: Any stairway that must be replaced must be installed in compliance with current code requirements. If there is an issue with stair rise and run compliance due to structural constraints of the existing building, then the stairway must be designed as close to current standards as possible, and a written request for a variance to the stair codes due to structural constraints must be submitted to the Building Director for consideration. If every effort has been made to bring the stairs into compliance, and the proposal does not present a life safety hazard, the Director shall review the request and rule accordingly.

Commercial

  • Structural members: All structural members that have been damaged or structurally compromised must be replaced in compliance with current applicable codes and ordinances. If the structural member is a specialized or engineered design, or is not in compliance with prescriptive code, a signed and sealed plan from an Illinois-licensed Design Professional will be required to be submitted.
  • Fire separation assemblies: All existing fire separation assemblies must be restored/installed per current code. If an existing non-rated wall assembly has been damaged and current code requires that wall to hold a fire-separation rating, the wall must be brought into compliance with code.
  • Bath and Dryer Vents: Bathroom and clothes dryer vents are required to vent to the outside and must comply with calculated length requirements as well as exterior termination requirements.
  • Insulation: Per the current Illinois Energy Conservation Code requirements.
  • Electrical: All electrical work must comply with the current adopted version of the National Electrical Code and all applicable City of Wheaton ordinances.
    • GFCI and Arc-Fault protection to be installed where required.
    • If the existing meter has been damaged, the replacement meter is to comply with code, and all grounding/bonding requirements must be met.
    • Receptacle spacing and lighting requirements (including Energy Code requirements) per code in areas of substantial replacement.
    • All existing electrical wiring within a structure that has been exposed to heat or water must be inspected and approved for use by a licensed electrician. Any replacements must comply with current code. Any wiring or fixtures that are currently prohibited by code that are located in the damaged area and exposed must be replaced.
  • Plumbing: Any plumbing that is to be added, repaired, or replaced must comply with the current State of Illinois Plumbing Code and the adopted codes and ordinances of the City of Wheaton.
  • Stair rise and run: Any stairway that must be replaced must be installed in compliance with current code requirements. If there is an issue with stair rise and run compliance due to structural constraints of the existing building, then the stairway must be designed as close to current standards as possible, and a written request for a variance to the stair codes due to structural constraints must be submitted to the Building Director for consideration. If every effort has been made to bring the stairs into compliance, and the proposal does not present a life safety hazard, the Director shall review the request and rule accordingly.
  • Windows: Windows that need to be replaced must comply with current energy efficiency standards. If the window that is to be replaced is required to be an egress window (generally in sleeping rooms and basements), then the replacement window must comply with all minimum emergency egress requirements including size, positioning, and egress path.
  • Fire Alarm: Per Ordinance, when construction is proposed, an approved fire alarm system shall be installed in existing buildings and structures in accordance with Section 907 when the cost of proposed construction (i.e., alterations and additions) in any given year (12-month period) is at least 25 percent of the value of the building. The value of the building or structure (excluding land) shall be established by the Milton Township Assessors' assessment records for the year prior to the initial remodeling or reconstruction. Owners of tax-exempt properties shall produce documentation verifying the building's valuation, which will be subject to the review and approval of the Building Code Official.
  • Fire Sprinkler: Per Ordinance, when construction is proposed, an approved automatic sprinkler system shall be installed in existing buildings in accordance with Section 903 (Automatic Sprinkler Systems) when the cost of proposed construction (i.e., alterations and additions) in any given year (12-month period) is at least 50 percent of the value of the building. The value of the building or structure (excluding land) shall be established by the Milton Township Assessors' assessment records for the year prior to the initial remodeling or reconstruction. Owners of tax-exempt properties shall produce documentation verifying the building's valuation, which will be subject to the review and approval of the Building Code Official.

Zoning
The Wheaton Zoning Ordinance, Article IV Scope of Regulations, details the requirements pertaining to existing structures:

4.7 Existing Non-Conforming Buildings
A non-conforming building or structure including a building or structure designed or intended for a use not permitted in the district in which it is located, which existed lawfully at the time of adoption of this ordinance or amendments thereto and which remains non-conforming or any such building or structure which shall become non-conforming upon adoption of this ordinance or any amendment thereto may continue to be used only in accordance with the following regulations:

  1. Ordinary repairs and improvements may be made to a non-conforming building; however, no non-conforming building shall be enlarged or relocated unless it is made to conform to the regulations of the district in which it is located. However, if a building is non-conforming only as to bulk, it may be added to or enlarged if such additions and enlargements conform to all the regulations of the district in which the building is located. A building in a residential district containing non-conforming residential units or uses may be repaired or altered to improve living and health conditions, provided that the alterations do not result in an increase in either the bulk of the building or the number of dwelling units.
  2. A non-conforming building or structure, or portion thereof, which is damaged or destroyed by fire, casualty or act of God to the extent that the cost of restoration will exceed 50% of the cost of replacement of the entire building or structure shall not be restored, except as required by law or in conformance with the regulations of the district in which said building or structure is located. The extent of damage and the cost of restoration shall be determined by a panel consisting of a representative of the municipality, a representative of the owner, and a third person acceptable to both parties. In the case of damage or destruction of a building or structure located in the Central Business District, required loading berths may be omitted from the restored building or structure. Provided, however, the forty percent (40%) floor area ratio provided for in this ordinance shall not be applicable to the reconstruction of any residence which is the subject of this section, provided that all or any part of the residence was constructed pursuant to a building permit issued on or prior to October 17, 1989. Provided further, however, the floor area ratio of the reconstructed residence shall not exceed the floor area ratio of the residence immediately prior to its destruction.
  3. A non-conforming building or structure, or portion thereof which is damaged by fire, casualty or act of God to the extent that the cost of restoration is less than 50% of the cost of replacement of the entire building or structure may be repaired or reconstructed only if such restoration is commenced within eighteen (18) months from the date of the partial destruction and is diligently pursued to completion. For good cause and upon petition of the owner of such non-conforming building, the corporate authorities may grant an extension of time in which to commence restoration. The extent of damage and the cost of restoration shall be determined as set forth in Section 4.7.2. Provided, however, the forty percent (40%) floor area ratio provided for in this ordinance shall not be applicable to the reconstruction of any residence which is the subject of this section, provided that all or any part of the residence was constructed pursuant to a building permit issued on or prior to October 17, 1989. Provided further, however, the floor area ratio of the reconstructed residence shall not exceed the floor area ratio of the residence immediately prior to its destruction.

Contractor Registration Requirements:

Webpage - www.wheaton.il.us/890/Contractor-Requirements

Websites

Contact Us
City of Wheaton Building & Code Enforcement Department
303 W. Wesley Street
Wheaton, IL 60187
Phone: 630-260-2050
Fax: 630-260-2195
Open: Monday - Friday 8:00 a.m. - 5:00 p.m.

Revised 11/3/2025