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HomeMy WebLinkAboutORDINANCE - 2684 - 4/13/1999 - FIRE PROTECTION CODE/AMENDCorrected Title ORDINANCE NO. 2684 AN ORDINANCE AMENDING CHAPTER 3 FIRE PROTECTION CODE OF TITLE 5 OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, an Illinois home rule municipality located in the Counties of Cook and DUPage, Illinois as follows: Section 1: That Chapter 3 Fire Protection Code of Title 5 of the Village Code of the Village of Elk Grove Village be and the same and is hereby amended in its entirety, said Chapter as amended to be as set forth in Exhibit A attached hereto and by this reference incorporated herein. Section 2: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 3: Any person, firm, or corporation violating any of the provisions of this Ordinance shall be subject to a fine of not less than Twenty Five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues. Section 4: This Ordinance shall be in full force and effect from land after its passage, approval, and publication according to law. ORDINANCE NO. 2684 AN ORDINANCE AMENDING TITLE 3 FIRE PROTECTION CODE OF TITLE 5 OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, an Illinois home rule municipality located in the Counties of Cook and DuPage, Illinois as follows: Section 1: That Chapter 3 Fire Protection Code of Title 5 of the Village Code of the Village of Elk Grove Village be and the same and is hereby amended in its entirety, said Chapter as amended to be as set forth in Exhibit A attached hereto and by this reference incorporated herein. Section 2: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 3: Any person, firm, or corporation violating any of the provisions of this Ordinance shall be subject to a fine of not less than Twenty Five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues. Section 4: This Ordinance shall be in full force and effect from land after its passage, approval, and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13th day Of April 1999. APPROVED this 13th day of April 1999. APPROVED: Craig B Johnson Village President ATTEST: Patricia S. Smith Village Clerk EXHIBIT A Chapter 3 Fire Prevention Code SECTION: 5-3-1: Code Adopted 5-3-2: Amendments to Code 5-3-3: Deletions to Code 5-3-9: Modifications 5-3-5: Access to Structures 5-3-6: Jurisdiction of Code 5-3-7: Inspections 5-3-8: Penalties 5-3-1 CODE ADOPTED: There is hereby adopted by the Village, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the 1996 Edition of the BOCA National Fire Prevention Code as recommended and maintained by the active membership of the Building Officials and Code Administrators International, Incorporated, save and except such portions as are hereinafter deleted, modified or amended. Three (3) copies of the 1996 Edition of the BOCA National Fire Prevention Code as adopted herein are on file in the office of the Village Clerk. 5-3-2: AMENDMENTS TO CODE: Title - Section F-101.1 - Insert Village of Elk Grove Village in the space for name of jurisdiction. Permits - Section F-107.0 - Delete the entire Section. Means of Appeal - Section 113.0 - Delete entire Section F- 113.0 and add in its place, the following new sections: Section F-113.1 - Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code have been misconstrued and wrongly interpreted, the applicant may, upon payment to the Director of Finance a sum equal to the estimated cost for publication and court reporter services, appeal from the decision of the Chief of the Fire Department to the President and Board of Trustees within thirty (30) days from the date of the decision of the modification application. Section F-113.2 - The said President and Board of Trustees shall designate a time and place for a public hearing thereon and the applicant and Fire Chief may present pertinent information. The decision of the President and Trustees shall be final. A refund of the money not used for the foregoing shall be made to the applicant by the Director of Finance. Section F- 113.3 - New Materials or Processes Appeal/ Code Interpretation. The Chief of the Fire Department, the officer in charge of the Enforcement and Inspectional Services Division and the Director of Engineering and Community Development shall act as a committee to determine and specify, after giving the affected person an opportunity to be heard, whether certain specifications and materials not presently enumerated in the Code, may be allowed in addition to those now enumerated in said Code. The Chief of the Fire Department shall post such list in a conspicuous place in the Fire Department Administrative Office, fire stations, office of the Department of Engineering and Community Development, office of the Village Clerk, and make copies thereof available to other persons. Definitions - Section 201.0 - Add the following subsections: Section 201.5 - Whenever the word `Municipality" is used in the Fire Prevention Code, it shall be held to mean the Village of Elk Grove Village. Section 201.6 - Whenever the term "Corporation Counsel" is used in the Fire Prevention Code, it shall mean the Village Attorney of the Village of Elk Grove Village. Section 201.7 - Whenever the term "Village Manager" is used in this Fire Prevention Code, it shall mean the Village Manager of the Village of Elk Grove Village. Section 201.8 - Whenever the term "Code Official" is used in this Fire Prevention Code, it shall mean the Fire Chief of the Fire Department of the Village of Elk Grove Village. Section 201.9 - Whenever the term "Building Code Official" is used in the Fire Prevention Code, it shall mean the Director of Engineering and Community Development of the Village of Elk Grove Village. Section F-3600 - Tank Container Systems referred to in Section F-3600.0 of the BOCA National Fire Prevention Code, 1996 Edition is hereby prohibited unless: 1. Above ground storage containers having an aggregate water capacity of more than 4,000 gallons shall have a fixed water spray system that complies with NFPA 15 Standard for Water Spray Fixed Systems for Fire Protection. 2. A security fence six feet (61) in height with barbed wire above is constructed and provided around all such tank installations, said fence shall be so constructed as to screen from view the lower six feet (6') of the tank installations. 3. The Plans for said storage containers and construction are approved by the Fire Chief as being safe from fire hazards and in accordance with the provisions hereof. 4. That no tanks be installed in the flood plain, except when provided with devices capable of anchoring the tank to prevent its going afloat under flood conditions. 5. That no transfilling operations will be allowed except that which is required from the mobile tank, truck or railroad car to the stationary above ground storage tank and private filling stations utilizing liquefied petroleum gas in company owned or leased vehicles. Sa. That it be mandatory that the person doing the transfilling operations be trained by the installing or servicing company on the safety aspect and fire prevention procedures associated with liquefied petroleum gas transfilling operations as approved by the Fire Department. 6. The installation shall meet the requirements of the 1996 Edition of the BOCA National Prevention Code, Chapter 36, the 1996 Edition of the BOCA National Building Code, and the 1995 Edition of NFPA 58, Standard - Storage and Handling of Liquefied Petroleum Gases except as amended by this Ordinance. Section 519.2 - Shall be amended to require all structures to Have fire extinguishers installed pursuant to NFPA 10. Allowable Burning - Add Section 403.3 Section 403.3 - Allowable burning: Open burning shall be allowed without prior notification to the code official for: highway safety flares, smudge pots and similar occupational needs. Open burning without prior notification shall also be permitted for recreational fires which are hereby defined as outdoor fires utilized for the cooking of food for human consumption, subject to the following conditions and regulations: A. The fire shall only be allowed to be started within a non-combustible device specifically designed for cooking the food. The device shall include a tight fitting lid either attached to the device or readily accessible during all phases of the fire including starting, preheating, cooking and extinguishment. B. Fuel used for recreational fires is limited to charcoal specifically designed and sold for cooking food or natural gas or liquefied petroleum gas. C. Recreational fires are to be attended by a responsible person during all phases of the fire. D. All fires shall be immediately extinguished at the completion of cooking. E. Flames shall not be permitted to exceed the height of the cooking device measured when the cover is in place. F. Smoke emitted from the fire shall not be permitted to extend beyond a fifteen (15') foot radius from the cooking device. 5-3-3: Deletions to Code - Delete the following sections of the 1996 Edition of BOCA National Fire Prevention Code: 1. Section F-3203.5.2 Movable Tanks (spot fueling) Section F-3205.1.1 Portable Tanks (spot fueling) Section F-3207.5 thru 3207.5.6 Automotive Service Station (above ground storage tanks for motor fueling) Section F-3604 Consumer sites Section F-3701.1 Delete the last sentence pertaining to detonable organic peroxides, which materials are prohibited. 5-3-4: MODIFICATIONS: The Fire Chief may modify any provision of the Fire Prevention Code upon application in writing within thirty (30) days from the date of an order by the Enforcement and Inspectional Services Division submitted by the owner or lessee or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the Code; provided, that the spirit of the Code shall be observed and public safety secured. The particulars of such modification when granted or allowed and the decision of the Fire Chief shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant and to the Village Manager. 5-3-5: ACCESS TO STRUCTURES: When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or firefighting purposes, the Fire Chief may require a key box to be installed in an accessible location. The key box shall be a type approved by the Fire Chief and shall contain keys to gain necessary access as required by the Fire Chief. 5-3-6: JURISDICTION OF CODE: The jurisdiction of the Fire Prevention Code shall include all property and structures within the Village corporate limits. 5-3-7: INSPECTIONS: The Fire Chief or his designated agent may make such inspections on property or premises within the Village as are deemed necessary to enforce the provisions of the Fire Prevention Code. If, upon such initial inspection, violations of the Fire Prevention Code are discovered, the inspector shall give the owner, tenant or occupant an inspection report listing said violations and setting the date in which said violations shall be remedied or abated. On or shortly after the compliance date set forth, the inspector or shall cause a re -inspection of the property to determine whether there is compliance with the code. If it is determined that a violation or violations continue to exist, the owner, tenant or occupant, as the case may be, shall be assessed a $50.00 re -inspection fee for the initial re -inspection unless there are circumstances which exist, to the satisfaction of the inspector, justifying the delay in the compliance. Should further re - inspections be required, additional re -inspection fees shall be charged as follows: Second Re -inspection: $100.00 Third Re -inspection: $150.00 Fourth or More Re -inspections: $500.00 In addition to any such re -inspection fee, the inspector may file an ordinance violation complaint with the Housing Court of the Third Municipal District of the Circuit Court of Cook County listing the violations set forth in the initial inspection report. 5-3-8: PENALTIES: Any person violating any of the provisions of this Chapter shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues.