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People Ex Rel. Aramburu v. City of Chicago

JULY 15, 1966.

THE PEOPLE OF THE STATE OF ILLINOIS, ON THE RELATION OF VICTOR B. ARAMBURU, ET AL., AND SAID RELATORS ON BEHALF OF THEMSELVES AND ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,

v.

CITY OF CHICAGO, A MUNICIPAL CORPORATION, AND SIDNEY D. SMITH, ACTING COMMISSIONER OF BUILDINGS, DEPARTMENT OF BUILDINGS OF THE CITY OF CHICAGO, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County; the Hon. DANIEL A. COVELLI, Judge, presiding. Affirmed.

MR. JUSTICE MCCORMICK DELIVERED THE OPINION OF THE COURT.

An action was brought by the plaintiffs for a writ of mandamus to command the City of Chicago and Sidney D. Smith, Acting Commissioner of Buildings, City of Chicago, to do certain acts alleged to be required under an ordinance of the City of Chicago. The complaint asks first for a declaratory judgment to declare the rights and other legal relations of the plaintiffs and defendants created by reason of the statutory provisions of the State of Illinois and an ordinance of the City of Chicago. The amended complaint was filed as a representative action for the plaintiffs and others similarly situated. On motion of defendants the amended complaint was dismissed and judgment was entered in favor of the defendants.

In the amended complaint it is set out that the enumerated plaintiffs are engineers duly registered under the Professional Engineering Act of the State of Illinois and are actively engaged in the practices allowed under the said statute. It is further alleged that the plaintiffs join in the suit under section 23 of chapter 110 of Illinois Revised Statutes (1965); that if separate actions were brought on their several causes of action, a common question of both law and fact would arise; and that plaintiffs bring this suit for themselves and other persons in similar circumstances. The amended complaint sets out chapter 45, paragraph 45-2 of the Municipal Code of Chicago, as well as the following other provisions:

"45-2. No plans shall be approved for permit unless such plans are signed and sealed either by an architect licensed to practice architecture, as provided by the Illinois Architectural Act, or by a structural engineer licensed to practice structural engineering, as provided by the Illinois Structural Engineering Act, or by a registered professional engineer licensed to practice professional engineering as provided by The Illinois Professional Engineering Act, provided, however, that the person who signs and seals such plans shall be permitted to do so within the limitations of the particular act under which he is licensed to practice, and provided further, that plans for installations which involve the design of or changes in the supporting structure or which materially affect the structural loadings must be signed and sealed by an architect or structural engineer duly licensed as aforesaid. [Amend Coun J 7-22-49, p 4609.]"

Ill Rev Stats 1963 — Professional Engineering Act, ch 48 1/2, § 33:

"A person practices professional engineering, within the meaning of this Act, who plans or designs the physical parts of the following: railroads, railways, highways, subways, tunnels, canals, harbors, river improvements, docks and drydocks; levees; irrigation works; aircraft, airports and landing fields; waterworks, sewers; sewage disposal works; plants for the generation of power; engines or motors for the utilization of power; boilers; refrigeration plants; air conditioning plants; heating plants; plants for the transmission or distribution of power; electrical plants which produce, transmit, distribute, or utilize electrical energy; works for the extraction of minerals from the earth; plants for the refining, alloying or treating of metal; chemical works and industrial plants involving the use of chemical and chemical processes. . . ."

Ill Rev Stats 1965 — Architects, ch 10 1/2 § 2:

"Architect means a person who is technically qualified and registered under the laws of this State to practice architecture. The practice of architecture within the meaning and intent of this Act includes the offering or furnishing of any professional services such as consultation, planning, aesthetic and structural design, drawings and specifications, or responsible supervision of construction, or erection, in connection with the construction of any private or public buildings, building structures, building projects, or addition to or alteration thereof." [As amended by Act approved July 11, 1957.]

Ill Rev Stats 1963 ch 48 1/2, § 34:

"The practices and acts described in paragraphs 1 to 15 inclusive of this Section are exempt from the provisions of this Act:

"1. The practice of structural engineering as defined in the `Illinois Structural Engineering Act.'

"2. The practice of architecture as defined in the `Illinois Architectural Act.'

"3. The engaging in the business of a master plumber as defined in `The Illinois Plumbing License Law,' ...


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