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HomeMy WebLinkAboutOrd 5606 12/19/2006 ORDINANCE NO. 5606 AN ORDINANCE AMENDING CHAPTER 24 AND APPENDIX A, DIVISION III OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 19th DAY OF DECEMBER 2006 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 20th day of December 2006. ORDINANCE NO 5606 AN ORDINANCE AMENDING CHAPTER 24 AND APPENDIX A - DIVISION III OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: A new Section 24.207 shall be inserted into Chapter 24, Fire Prevention, Article II, "Sprinkler Equipment, Alarm Systems And Fire Hydrants", to be and read as follows: Section 24.207 CARBON MONOXIDE ALARMS A. Definitions. 1. A "carbon monoxide alarm" or "alarm" means a device that emits an audible warning upon sensing carbon monoxide and complies with the rules and regulations of the Illinois State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association. 2. "Dwelling unit" means a room or suite of rooms used for human habitation, and includes a single-family residence, each living unit of a multiple family residence, and each living unit in a mixed-use building. 3. For purposes of this Section 24.207, the terms "owner" and "tenant" shall have the meanings set forth in Section 23.1803 of the Village Code. 4. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. B. Carbon monoxide alarm required. 1. Every dwelling unit shall be equipped with at least one carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. 2. Every building that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes. iManage: 183969_1 3. A carbon monoxide alarm may be combined with smoke detecting devices provided that the combined unit complies with the respective provisions of the Illinois Administrative Code, reference standards, and Illinois State Fire Marshal rules relating to both smoke detecting devices and carbon monoxide alarms, and provided that the combined unit emits an alarm in a manner that clearly differentiates the hazard. 4. Carbon monoxide alarms shall be either battery powered, plug-in with battery back-up, or wired into the building's AC power line with a secondary battery back-up, except for new construction, as defined in Section 21.05 of the Village Code, in which carbon monoxide alarms shall be wired into the building's AC power line with a secondary battery back-up. 5. Carbon monoxide alarms shall be installed in accordance with manufacturers' requirements. C. Responsibility of the owner of a building. 1. The owner shall supply and install all required alarms. 2. The owner shall provide one tenant per dwelling unit with written information regarding alarm testing and maintenance. 3. The owner shall ensure that the batteries are in operating condition at the time the tenant takes possession of the dwelling unit. 4. Upon written notice of the tenant of any deficiencies in an alarm that the tenant cannot correct, the owner shall correct such deficiencies. D. Responsibility of a tenant. 1. A tenant shall replace any required batteries in alarms in the tenant's dwelling unit, except upon taking possession of the dwelling unit. 2. A tenant shall test and provide general maintenance for the alarms within the tenant's dwelling unit or rooming unit, and notify the owner or the authorized agent of the owner in writing of any deficiencies that the tenant cannot correct. 3. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the carbon monoxide alarm that have been reported in writing to the owner or authorized agent of the owner. E. Failure to install or maintain carbon monoxide alarm; Tampering with carbon monoxide alarm. iManage:183969_1 I. It shall be unlawful for any person to willfully or negligently fail to install or maintain in operating condition any carbon monoxide alarm required under this section. 2. It shall be unlawful for any person to tamper with, remove, destroy, disconnect, or remove the batteries from any installed carbon monoxide alarm, except in the course of inspection, maintenance, or replacement of the alarm. 3. Any person violating any provision of this section shall be fined as set forth in appendix A, division III of this code. F. Exemptions. 1. A dwelling unit is exempt from the requirement of having an operating carbon monoxide alarm if it is located in a building that: (a) does not rely on the combustion of fossil fuel for heat, ventilation, or hot water; and (b) is not connected in any way to a garage. 2. A dwelling unit is exempt from the requirement of having an operating carbon monoxide alarm if it is located in a building that is connected to a parking structure, which is protected by an operating carbon monoxide detection system, and that structure is the only source of carbon monoxide in the building. 3. The Building Commissioner, upon written request, may approve an exemption for buildings four (4) stories or greater where he/she determines that the source of carbon monoxide is adequately separated from the dwelling units by approved construction methods and/or mechanical exhaust systems. SECTION 6: The following shall be added in numerical order to Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code: Section 24.207: PENALTY: CARBON MONOXIDE ALARM E.l. Failure to install or maintain a carbon monoxide alarm in operating condition: not less than $100.00 nor more than $1,500.00 for each offense. E.2. Tampering with, removing, destroying, disconnecting, or removing the batteries from any installed carbon monoxide alarm: not less than $100.00 nor more than $1,500.00 for each offense. iManage:183969_1 SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel None None PASSED and APPROVED this 19th day of December 2006. ~~~~ Irvana K. Wilks Mayor ATTEST: iManage:183969_1