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Home My WebLink About0823_001Minutes September 8, 1992 RoU CaU The meeting was called to order by Mayor Gerald L. Farley at 7:35 p.m. Trustees present were Mark Busse, George Clowes, Tim Corcoran, Paul Hoefert and Irvana Wilks. Trustee Leo Floros arrived at 7:45 -p.m. Also present were Village Manager Michael E. Janonis, Planning Director David Clements, Public Works Director Herb Weeks, Deputy Public Works Director Glen Andler, Planning Director David Clements, Economic Development Coordinator Ken ° Fritz, Solid ;Waste Coordinator Lisa Angell and Finance Director David Jepson. In addition, Ken Westlake, Chairman of the Solid Waste Commission, Dick Bachhuber, Chairman of the Finance Commission, Janet Hansen, Executive Director of the Mount Prospect Chamber of Commerce, seven residents and three members of the print media were in attendance. 11 Minutes of August 25, 1992 The minutes of August 25, 1992 were accepted with the following changes: References to Peter Hanchal on page 2 should be to Peter Hanchar. . 2. In paragraph two, page 2, the portion that refers to "shrubs or trees" in line four should be "shrubs or evergreen trees" and in line eight the reference to "trees or bushes" should be "evergreen trees or bushes." 3. Paragraph four on page 2 should be replaced with the following paragraph: "Trustee Wilks also mentioned that the proposed changes included a provision for a resident'to plant or retain plantings on public parkways if the resident would covenant to hold the Village harmless if the shrubbery or evergreens caused an accident. Mr. Hill said the Village could still be included in the suit, but that this provision would shift some of the liability to the homeowner. Trustee WUlks added that the Committee recommended that the Village stop the yearly canvassing program. Mr. Hill explained that a change in the tort immunity law grants municipalities immunity from liability from failing to enforce their own ordinances. III Citizens to be Heard No citizens appeared before the Committee. IV Discussion of Solid Waste Program Village Manager Janonis stated that the Solid Waste Commission had completed a six-month review of the Village's Solid Waste Management Program. He mentioned that Lisa Angell, Refuse Coordinator, had compiled a report that included the results of a survey of over 12,000 set -outs over a 12 -week period. Additionally, the report included the new contract rates that went into effect August 1, 1992. Mr. Janonis added that the Solid Waste Commission had been instrumental in getting a commitment for a hazardous household waste pick-up in Mount Prospect and in providing for telephone directory recycling. Ken Westlake, Chairman of the Solid Waste Commission, said that the Solid Waste Commission endorsed the pay -by -use system for refuse pick-up. He said the Commission had recommended that the Village move from the current two container limit to a one container limit and eventually to a complete user fee. Mr. Westlake said there has been a 40% reduction in the volume of refuse going to landfills from Mount Prospect since 1988. Mr. Westlake added that the volume of refuse diverted from landfills due to recycling equals 900,000 pounds per,month, or the equivalent of 45 full packer trucks. He stated that approximately 90% of Village residents recycle on a regular basis. Mr. Westlake stated that at the current time some 40 communities in Minois use some form of the user fee concept for refuse pick-up. He said the concept is endorsed by the EPA and on September 5, 1992 there was an editorial in the Chicago Tribune endorsing the pay -per -bag system. Currently, 92 % of Village single-family residents put out two containers or less and 42 % put-out one container or less. He said we should continue to move in this direction. Mr. Westlake stated that the yard waste pro very successful, and he said the Solid Waste program. Mr. Westlake concluded by saying that the IN public and there had been virtually no "fl Commission had recommended that the Villi change from two containers to one contain include the user fee concept for single-famill above change, the Commission recommende added to the recycling program. , Lisa Angell, Solid Waste Coordinator, expla patterns for Mount Prospect residents. She ; four-week period. She commented that she or average for the 12 -week period was 1.694 c figure is consistent with the average of 1.3 to refuse pick-up. Village Manager Janonis stated that the per year by exercising an option in the of requiring a sticker for each bag has also been mission 'recommended that brush be added to this o container limit had, been fairly well received by the -dumping". or sticker theft reported. He said the e staff develop a transition plan which included the and then to a complete user fee. The plan would homes and for multi -family homes. Along with the that cardboard, aerosol cans and rigid aluminum be ied her methodology for taking the survey of refuse id she covered three separate areas each week for a i counted residences which had a set -out. The overall stainers per household. Ms. Angell added that this .5 containers in communities that have a user fee for had an opportunity to save an estimated $140,000 Contract by paying the contractor on a unit charge basis rather than a fixed fee basis. Finance Director Jepson said that the break-even point between the two options was 1.9 containers per week per resident. Based on the survey results, Village residents used 1.694 bags per week. As a result, it would be more advantageous to pay the contractor based on the number of containers picked -up rather than on a fixed fee basis. Mr. Jepson said this would be an advantage for the Village regardless of a two container or a one container limit. The Village would simply pay the contractor for the number of bags that were picked -up rather than a fixed fee. Mayor Farley said the six-month review and the recommendations did not represent the final answers to the pay -by -the -bag system and that staff would bring back final recommendations in November. He said it would be appropriate for the Trustees to consult with their neighbors and residents regarding this concept. Tnistee Hoefert said there were a number of advantages to the pay -by -bag system. First it made residents more aware of what they purchase and the need to recycle; overall, it contributed to less waste going to the landfills; and there was greater equity and more control of refuse by individual households. He said a household could reduce their refuse significantly if they recycle. He added that it we do move toward a volume -based system, the, savings should bepassed on to the taxpayers. The whole reason for a volume -based system is for the good of the community, not to raise revenue. Trustee Clowes said he agreed that any savings should be passed on to the homeowner. He said he agreed with the concept of a user fee system because it was more equitable. He added that he preferred to move to the pay -by -bag system in one step rather than in two phases. Trustee Corcoran commented that the six-month review was a good analysis and that he would like the Village to take a stronger role to force merchants who sell products with excess packaging to be eventually responsible to dispose of the excess waste. He cited the example in Germany where if you sell an item, you are responsible for eventually disposing of it. He also said he would like to see someinternal incentives for purchasing supplies made of recycled material. Trustee Corcoran said. he preferred developing a long-range strategy rather than moving in small steps. , Trustee Wilks thanked the Solid Waste Commission and said the success of reducing the volume of refuse going to the landfills was due to their efforts. She added that she supported expanded recycling. Trustee Wilks said she had three concerns with the recommendations: 1) She said she had a problem supporting a fee for brush pick-up. . that this sends a message to residents to cut back on trimming; 2) She could not support the one container limit because residents are still confused about the system, and it appears the families who put out more refuse are being penalized; and 3) She could not support the complete user fee concept. She said that refuse pick-up is one of the responsibilities of government. She added that residents of other communities are envious of the residents of Mount Prospect because this service is paid for by property taxes. Tnigee Busse stated that he had a problem with the recommendation to move to a user fee system. He said it was a real burden for larger families and that there should be some trade-off. Emily McBride, a resident living on South Emerson Street, said the Village is putting a big burden on larger families. Instead of saying thank you to the residents for recycling it penalizes residents. She said she was speaking for a number of people who were distressed by these recommendations. 3 Peg Combs, 104 Stratford, said she agreed wi residents were being squeezed by hidden tax( a user'fee. She added that a charge for brush in good condition, Richard Hendrichs, 1537 E. Emerson Street, effect for 30 years and the Village should ket contractor received the revenues for the stick the revenues. He also said he thought the re if the Village is looking for more revenue, it Village Manager Janonis said the user charge who put out less refuse. He added that some taxes. Mr. Janonis stated that the sticker rei Refuse Program. In conclusion, Trustee Corcomn said he war system and that the savings should go to fl understand the concern about larger families I getting any benefit. Trustee Hoefert said ei needs to be aware that a crises is pending. extraordinary and have put a strain on the bud brought back to the Village Board. V Sign Ordinance Review Ken Fritz, Economic Development Coordina an intense review by a committee made up of of Commerce. In 1986, sign design standar The current changes are the result of a co Review Board. The proposed changes inclu - Streamlining the permit process by and reducing the sign installer's b rustee Wilks. She said she was concerned because She said she would rather pay property taxes than id be penalizing residents who keep their property id the unlimited refuse pick-up program has been in it in place. Mr. Hendrichs said he assumed that the I fees but he has found out that the Village receives rcling program would pay for itself. He added that could increase property taxes. more equitable because it provides a benefit to those F the savings would come back in the form of lower we the Village receives is used exclusively for the d to see a total plan to move toward the pay -by -bag residents. Trustee Clowes stated that he could t that businesses are subsidizing the cost and are not ryone should pay their own way and that everyone Mayor Farley said the cost increases have been :t. He said that specific recommendations would be stated that the Sign Code was �adopted in 1982 after ff, members of the ZBA, BDDRC, and the Chamber were adopted and a Sign Review Board was added. rehensive review of the existing code by the Sign the $250 sign removal bond increase the permit fee from $100 to $150. - Eliminate setback requirements for certain wall signs. - increase the number of tenants on multi -tenant freestanding signs from 2 to 4 and the words from 10 to 16. - Add a provision for temporary signs which include balloons and/or searchlights. - Add a standard for large scale dew Mayor Farley stated that residents appreciated the impact of the new Sign Code. He said it promoted uniformity and more pleasing aesthetics. Mayor Farley said he would like the normal hours of operation on page 17, 2.b. to be more specifically defined and that on page 27, A. the word lion" on line 2 should be "off." He also asked how late the searchlights could be on. It was explained that 11:00 p.m. was the latest hour. Also, he asked if the temporary sip provision would preclude an extended celebration such as the Village's 75th Anniversary activities. This item will be reviewed by the Sign Review Board. Mayor Farley said he thought the changes were beneficial and he supported the changes except for the provision for searchlights. Trustee Floros said it was an excellent ordinance and there was benefit to the entire community. Trustee Hoefert stated he also thought the improved appearance in the Village was 100% more pleasing. He said that item Q on page 4 should be changed to take into consideration Village events. Trustee Corcoran made the following recommendations: Page 8, b. Add the words "not abutting residential." Page 17, 2.b. Change to "shall be in operation no longer than 72 hours. Page 27, B. This section should be strengthened. Page 36, E. Fees should be reviewed to reflect actual costs. Page 46, The definition of the Sign Planned Unit Development should be deleted. Trustee Wilks stated that she agreed that the Village should comply with the same requirements as the business community. She also said she approved of the change on page 6, c. On page 31, the designation "T' in paragraph B should be eliminated. On page 43, the definition of "Lot" should be consistent with the definition in Chapter 9. On page 47, a definition for "text Amendment" should be added. Trustee Clowes stated he was concerned that the Sign Code was too complex and the average business owner will not be able to understand it. He said that he would like to see less restrictions on sign size or sign height. He also said he would like to see the restrictions for balloons eliminated and that the Village should conform to the same standards as all other businesses. Trustee Busse said some of the changes were a step in the right direction but that the purpose of signs is to promote business. He also said he was opposed to raising permit fees and that the staff should be treated like independent contractors. Adelaide Thulin, Chairperson of the Sign Review Board, said the Sign Review Board had put in a lot of hard work and existed for the benefit of the business community. Janet Hansen, Executive Director of the Mount Prospect Chamber of Commerce, said the changes were the result of an ongoing process and that there should be more changes in the future. She said the Chamber Board does not always agree but the business owners appreciated the fact that the 5 Village was willing to listen. She added that the fee structure was not acceptable to, the business owners. Richard Hendrichs, 1537 E. Emerson' Street, said the changes on pages' 12 and 13 from "within 100 feet of a residential district" to "property Oot) line" is a major change from the existing ordinance. He said his concern is the impact on residential; property not the number of feet. Trustee Floros said he would support TrusteeBusse's recommendation to not increase fees. ' Trustee Hoefert asked how the fees were determined. Iden Fritz said it was based on comparisons with other municipalities. In a poll of the Committee, Trustees Busse, Floros and Clowes along with Mayor Farley said they did not support an increase ;Trustee Wilks said she was leaning toward no change and Trustees Corcoran and Hoefert said they would like more information. Trustee Clowes said he was concerned with ttie amount of staff time committed to signs and Trustee Corcoran said he would like to see Village Pepartment operations revenue based. VI Proposed Changes to the Building and Fire Prevention. Codes Mayor Farley said it was, getting too. late in the evening to" discuss this subject, but that the Board would listen to anyone in the audience wha vi+ould like to make ° comments. Craig Conety of Opus North said he would like to speak for Opus and other developers. He said they had reviewed the Cade revisions and would like to make four requests: 1. They would like implementation delayed, for 1$0 days because they currently have certain proposals outstanding. 2. In regard to fire lanes, they asked if unobstructed paving on adjacent properties could be substituted as a fire lane. 3. They requested that a certificate of occupancy be granted for partial use of a building if the portion to be occupied had a fire suppression system in place. 4. They would like the proposed change in the definition of a high-rise building from "75 feet to 35 feet" to be changed to "from 75 'feet to 45 feet. Mayor Farley said he will ask Village staff; to respond to these requests before the changes are adopted. VII Manager's Report Village Manager Janonis announced that a h4 Public Works Building on Saturday, Septerr dedication of the Historical Society Museum ehold hazardous waste collection will be held at the r 12, between 8:00 a.m. and 3:00 p.m. Also, the JI take place on Saturday, September 12, 1992. VIII Other Business Trustee Hoefert commended the 75th Anniversary Committee for the good picnic on Labor Day, September 8, 1992. Richard Hendrichs, 1537 E. Emerson Street, stated that in a memo to Village Manager John Fulton Dixon on March 3, 1992, he thought the Village staff had made an error in interpreting the Sign Code regarding Courtesy Home Center. Mayor Farley said he would ask for a report on the matter. IX - Adjournment The meeting adjourned at 11:45 p.m. DCJ/sm 7 Respectfully submitted, David C. 4epson, Finance Director 7 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM August 20, 1992 TO: Mayor, trustees and manager FROM: Irvana Wilks (870-8482) (Trustee and Chair of Sight Obstruction Committee) SUBJECT: Sight Obstruction Ordinance Enclosed with this memo are proposed revisions to the village code which pertain to sight obstructions or parkway plantings. In An accompanying memo, Sandy Clark explains the appointment of the sight obstruction committee and the reasons behind most of the suggested changes. If you remember, the committee was appointed following an out pouring of objections to the Village's parkway canvassing program. I accepted the chairmanship of the committee because I believed. thatsafety should be the over riding concern which governs tree and bush plantings in parkwayst at intersections or at driveways. I also believed we should establish an appeal mechanism which would allow citizens to seek relief from removing trees or bushes which technically may be in violation, but which do not pose traffic hazards. I also felt we needed to take a second look at our canvassing program. The proposed,.ordinane'e is a result of a year-long process which included committee meetings, drives through the village with committee memberm, and discussions with staff (public works, engineering, planning, police) and the village attorney. Mrs. Clark and I also attended -a meeting of the Safety Commission and a hearing convened by the Plan Commission, because responsibilities of both those bodies are altered by the proposals. I recommend the following: The ps-o-posed revisions be see _Ag�ed in their entirety with fttw alterations. We found that when one word, phrase or section was changed, it usually altered other sections. The. committee found instances where the ordinances governing plantings could be made clearer and conform with one common standard. The eumm!LLee felt that the fairest ordinance would be one in which old and new parkway plantings and berms are treated alike. Page 2 The Villa should cits pk�le t_��ease arwa r trimming and removal canvas. Several years ago an attorney advised the village to enforce its -,prohibition of plantings on public properties by canvassing neighborhoods and removing or trimming illegal vegetation. Buzz Hill has assured me that whether or not we have a canvassing program, the village is somewhat protected from suits broughL about by accidents where parkway plantings obscure a driver's view. In a January 20, 1992 memo to the village manager, Mr. Hill stated, "The Illinois Tort Immunity Act now grants immunity from liability to municipalities which are accused of failing to enforce their own ordinances. Therefore, any exposure to liability that the village might have because of unsafe parkways derives solely from our ownership of those parkways. Historically, the State of Illinois was aligned with a number of other states which held that a municipality could not be liable for injuries that occurred on or because of municipal parkways." He went on to site cases where that immunity had been challenged and somewhat eroded. We, however, must keep in mind that the Village always can be sued, and that the Village has the deep pockets. This program has been costly for the village. It Lakes tremendous staff time, it has been in place about six years and has just touched the surface of the trimming, and it causes great consternation to residents. I believe we should cease the canvas. The following points explain some of my thinking about the more controversial issues in the ordinance. CHAPTER FIVE, Article X - Safety Commission. Sec. 5.1004 B (page 1J. The Safety Commission was brought into the picture because I wanted an appeal prouess for residents who axe told that their parkway plantings are in violation, but who feel their trees or bushes do not pose a hazard. They need a body to hear their appeal and,make a decision based on the merits of safety. The fairest method for addressing safety,concerns is to have the safety commission review the appeals. Traditionally, this commission makes recommendations to the village board, but their deliberations on vegetation (as specified in CHAPTER 9) would be final. Although this is a departure of authority for this commission the rulings'of other commissions (ZBA, for example) and other village departments' (engineering, for example) are final. The two residents on the committee wanted the elected officials to be the final authority in any appeal process. I could see an agenda backlog (pardon the pun) if the board had to vote on every tree or bush in question. Sandy receives at least 100 sight obstruction complaints -a year and many are challenged by the owners. Safety Commission evaluated the proposal as well as the other revisions. Members suggested changes that were incorporated into Page 3 this draft. They voted to accept Lice responsibility if the board enacted this ordinance. CHAPTER NINE will contain Lhe majority of standards affecting vegetation sight obstructions. CHAPTER NINE. Article I This entirely new section was written with the cooperation of a number of departments particularly planning. It allows the Village to control both berms and landscaping on berms which are in the public ri hL-uf-way as well as on vrivaLe_P_K_RPV_1!_Ly. You will note that the sight triangle measurements and the berm and landscaping parameters are consistent with other sections of the ordinance. CHAPTER NINE. Article V. - Trees and Shrubs Sec. 9.502. A6 and C (Dai4e 4). These two sections, the statement about holding the Village harmless and assumption of risk, were added at the suggestion of Buzz Hill. I believe the residents on the committee will submit statements opposing these sUggesLions. This was not an issue where the committee was able to reach consensus. I felt, however, that since the recommendation came from our village attorney., it should be added. He will be at the Aug. 25th meeting to answer questions. I agree with Mr. Hill that these statementsshould be part of our ordinance. You will note that these are in the section covering planting on public propertX. The hold harmless statement would come into play during a permitting process where the property owner is allowed to request planting on public property. He would do it knowing that any liability caused when those plantings grow rests with him. The hold harmless statement would not be required of owners where plantings are already in 'place. This permitting process opens the door and allows some shrubs to be planted. The hold harmless statement also protects the Village by acting as a deterrent, preventing some property owners who do not wish to assume the responsibility from the plantings. The assumption of risk statement does not release the Village from liability. It should point out to the property owner, however, that if he plants bushes or evergreens on public property, he must accept the liability. Whether this statement exists in the ordinance or not, the property owner still holds the liability for the plantings. If the statement is in the ordinance, the liability issue is put forth in graphic terms and a property owner can never claim he did not know the risks. A property owner -should not have the privilege of planting whatever he wants on public property and washing his hands of any responsibility. * CHAPTER NINE. Article V. See. 9.503 Sight OhstruqjLions - (pages 7-8). This entirely new section which is being added gives the specific measurements for calculating sight triangles. The Page 4 committee and, staff determined that the legs of an intersection sight triangle should be figured according to the speed of traffic. The 55' and 75' legs were calculated using overlays on an average Mount Prospect residential intersection with sidewalks. This section also establishes the appeals process, It lays forth the following scenario. An unsafe planting is identified, the engineering division inspects the planting and determines that it fits the designation of a sight obstruction. The owner would be notified by mail to prune or remove the obstruction. The letter will explain that fie uan either eliminate the obstruction or file an appeal. The appeal would be reviewed by the Safety Commission. The -Safety Commission's decisionis final. Please note that we have added to Section 9.505 - Dangerous Trees and Shrubs a paragraph that requires owners 'to remove tree limbs or bushes that hang over the sidewalk. There is no appeal for dangerous trees or shrubs. * Mrs. Clark is providing an outline of responsibilities that would be placed with the various village departments under the proposed ordinance. NOTE I thank those who worked on the committee, residents Donna Johnson and Peter Hanchar; and village staff members, Sandy Clark, Tom Daley, and until his death, Drew Johannson. We also were advised by Chuck Bencic, Dave Clements, Herb Weeks, John Dahlberg, and Buzz Hill. Forester Sandy Clark deserves extra appreciation for her countless hours of work on this project. Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: Village Manager Michael Janonis FROM: Forestry Superintendent Sandy Clark DATE: August 19, 1992 SUBJ: Proposed ordinance changes Related To Sight Obstruction Attached is additional information regarding proposed changes to Chapters 5, 9, 11, 15, and 16 of the Village Code. These chang- es are being proposed by the Parkway Sight Obstruction Committee appointed last September by Mayor Farley. This committee was chaired by Trustee Irvana Wilks. Other committee members includ- ed Police Deputy Chief of Operations Tom Daley, two residents of Camelot subdivision, Peter Hanchar and Donna Johnson, and myself. The proposal is the result of many meetings by the committee. Input has been sought and incorporated from the Village Clerk, Village Manager, Finance Director, Village Attorney and the following departments: Planning and Zoning, Inspection Servic- es, Public Works and Police. The proposal was also reviewed by the Safety Ccmamission and the Plan Commission, and their sugges- tions were incorporated. To understand the reasons for the proposed changes, it may be ,helpful to briefly review the history of this issue. In 1984, upon the advice of legal counsel, the Village Board directed the Public Works Department to actively enforce Village ordinances prohibiting or restricting shrubbery and evergreen trees in the public right-of-way. A street -by -street survey was begun in 1986. Existing vegetation was inventoried, and residents were sent letters asking them to prune or remove the plantings. There was considerable dissatisfaction with this program, with many residents seeking relief from the Village Board. The last such mailing went out on May 1, 1991. The outcry the Board received after that mailing prompted Mayor Farley to appoint the Parkway Sight Obstruction Committee. The following is a summary of the major changes that would take place if the current proposal is approved: 1. The street -by -street enforcement program will be discontin- ued and replaced.with enforcement on an "identified need" basis. Village Attorney Buzz Hill is comfortable with this, because a change in the law since 1984 apparently affords the village greater protection against liability lawsuits than in the past. 2. Shrubs and, in some cases, evergreen trees could be planted in the public right-of-way. They could be planted by per- mit only, subject to very specific restrictions, and the person so doing would assume all risk. 3. When plantings were identified as a sight obstruction haz- ard (including those on private property within a sight triangle), the Engineering Division would- verify that a hazard exists. They would ask the property owner to cor- rect the problem and if not corrected within a specified time, Public Works would correct the problem and bill the owner. owners who objected to the Engineering Division's decision could appeal to the Safety Commission, whose deci- sion would be final., 4., Existing landscaping would have to come into compliance with the sight obstruction requirements 'whenever a property became subject to the Development Code. 5." Berms could not be instal -led on the public right-of-way,, and would be restricted within a sight triangle an private property. Those property owners maintaining existing berms on adjacent public property would assume all.risk for doing SO. Attachment A provides a more detailed summary of the proposed. text changes. Note that in the draft, proposed additions are printed in bold type, while proposed deletions have been crossed out. You will also note that some of the changes are basically "housekeeping" type items needed to correct conflicting require- ments in various places in the current Code. Other changes are proposed simply to standardize certain definitions listed in several places in the code. Attachment B gives a brief overview in outline form of specific situations that would be covered by the proposed changes, as well as the,Departments responsible for enforcement. Attachment C includes four diagrams depicting current and pro- posed code requirements. Sandy' Clark SC/eh ATrACHMMiT A SUMMARY OF PROPOSED TEXT CHANGES Note• ,When reading the following pages it may be helpful -to remember the scope of the various chapters involved: Chapter 5, Boards and Commissions, sets up various boards and commissions and defines their responsibilities. Chapter 9. Streets and Sidewalks, regulates a variety of activi- ties on public right-of-way, including construction, encroach- ments, excavations, right-of-way plantings, etc. Chapter 11, Merchants, Businesses, Occupations and Amusements regulates the activities listed in its title. Chapter 15, Landscaping Requirements, specifies private property landscaping that must be installed by anyone developing property subject to the Development Code (Chapter 16). Chapter 16, DeveloLpment, regulates development of the following: A. Any residential development of any parcel of land involving construction of more than one single-family dwelling, or - two (2) multifamily dwelling units. B. Any nonresidential development of any parcel of land involv-' ing the construction of any new building(s) or struc- ture(s); having a total floor area in excess of five hun- dred (500) square feet. C. Any development involving expansion by more than twenty five percent (25%) of an existing structure to which this. Section would apply if constructed new after the effective date hereof. D. Any development of any parcel of land that will require more than two (2) parking spaces in any residential zoning district, or one parking space in any business or industri- al'zoning district. E. Any development of any parcel of land involving the coa- struction of any public or private school, library, hospi- tal or church, or any place of public assembly.. 5.1004B Empowers. the Safety Commission to make final decisions on sight obstruction appeals. Chapter 9, Article III.- This is a brand new article regulating, berms. 9.301 Defines terms 9.302 Adds language prohibiting berms on right of way. Allows Village to remove existing berms on right-of-way if causing sight obstruction or maintenance problems. Anyone installing or keeping a berm on right-of-way assumes risk. 9.303 Regulates berms on private property. Require that berms or berm/shrub combinations in sight trianglek be less than 31 tall. 9.304 Sets up procedures for enforcing this article in same manner as planted sight obstructions. Page 3 Chapter 9, Article V - Title was modified.to include- shrubs. 9.501 Adds a definitions section. 9.502 A Changes existing permit requirement for plant' public property trees to include shrubs. Requires applicant to maintain such shrubs as specified in 9.502.F and -to remove them when dead. Applicant holds Village harmless. 9.502 C Adds language recommended by Village Attorney Buzz Hill. Anyone installing or keeping plant- ings or berms on public property assumes risk and holds Village harmless. The Village shall not be responsible for repair/replacement of such plantings/berms. 9.502 D Changes are mostly unrelated to sight. obstruction issue. Tree dista:ace from intersectinnn has been decreased because previous distance was excessive when trees are planted and maintained as required else- where in code. 9.502 E Deletes language prohibiting shrubs and evergreens on right-of-way. Adds language allowing evergreen tree plantings within specified.guideli.nes. 9.502 F Adds language allowing shrub plantings an right-of-way within specified guidelines. 9.503 Prohibits sight obstructions, caused by berms or plantings, within spetified sight triangles on public and on private property. Specifies how sight triangles are measured, with size of triangle dependent on traffic speed. Explains how violations will be enforced. Sets up proce- dure for appeals to Safety Commission. 9.505 Makes property owners responsible for keeping private property plantings cleared from right- of-way (current ordinance only includes trees,, not shrubs, and is not specific about how viola- - tions must be corrected.) Page 12 11.102 Adds "Right -of -Way" definition and modifies "Street" definition for consistency throughout Village Code. Page 14 15.201, Adds "Lot of Record" and "Street" definitions, for consistency. Deletes specifications for legs of sight triangle because they conflict with new specifications in'15.417 and because ,specifications are generally not included in a definition. 15.409 Adds language to notify developer that, though berms are encouraged an private property in new developments, they must meet requirements of Chapter Nine. 15.417 Article IV is a list of design criteria that should be used by developers when preparing a private property landscape plan for properties that fall under the development code. This new section specifies that the same sight obstruction requirements must be followed, in regards to plantings and berms, that are listed in Chapter 9. However, this section does not allow for appeals to the Safety Commission, since Sec. 15.301 specifies that requests for relief from chapter 15 requirements may be submitted to the Village Manager. Page 18 15.502 These additions and deletions are unrelated to the sight obstruction issue. This section dupli- cated requirements already listed in 16.408 A. It is simpler to refer developer to Chapter -16 as in the current proposal. Pace 20 15-902 unrelated to sight obstruction issue. Adds lan- guage clarifying where developer can find tree protection requirements in Village code. Corrects some duplicaition in tree species list. Page 23 16.403 B7 Deletes private property sight triangle specift- cations because they are now more appropriately located in 15.417. Page 24 16.408 First and second paragraphs refer developer to Chapter 15 for private property landscaping requirements. 16.408 A Incorporates new title of Chapter 9, Article V and correct title of Finance Director. Specifies that Village Manager sets tree plant- ing fees, consistent with 21.520. 16.408 B Deletes language that confUctswith new planting regulations in Chapter 9. Adds lan- guage specifying that Public Works will deter- mine which existing right-of-way vegetation can be saved when a property is developed. Requires developers to bring existing right-of- way shrubbery plus evergreen trees into com- pliance with Chapter 9, Article V. j4g2. 25 Previous 16.408 B & c Deletes language that should have been deleted when chapter 15 was adopted ia'1990. ORDCHGSI.TWO/FILES/FORESTRY ATTACHMENT B VARIOUS SITUATIONS COVERED BY PROPOSED SIGHT OBSTRUCTION ORDINANCE CHANGES. 8/10/92, I. Properties not sub**ect to Development Code A. Request to plant new trees /shrubs /ever qreens on I R.O.W. PW approves/disapproves permit (9.502) B. Requests to install berms 1. on R.O.W. - not allowed (9.302) 2. on private property - Director of Inspection Ser- vices approves/disapproves (9.303 and Chapter 21, Article IV) C. Existinq berms an R.O.W. P.W. Director, Dir. Of Inspection Services or Engineer- ing Division may require removal if deemed necessary. Note that this is true.even. if berm is not in a sight triangle (9.302). D. Existina sight trianala vi.nlatinnnz fn'hrii'tia If hazard exists and complaintreceived, Engineering contacts owner to request removal/modification/ pruning. If no compliance, Eng. asks PW to correct problem at property owner's expense. Appeals may be made to Safety commission (9.303 & 9.304 (berms) and 9.503) E. Other Violations of Chapter 9 P.W. enforces II. Properties subject to Development Code A. New plantings (trees/shrubs/evergreens) 1. On R.O.W. - a. New deciduous trees required, developer pays, P.W. plants. (16.408A) b. New shrubs/evergreens only allowed by per- mit, P.W. handles permits (9.502) 2. On private property - 'landscaping required as per Chapter 15. Planning & Zoning approves/ disapproves. Plantings must not violate sight guidelines (15.417) Requests for relief submit- ted to Village Manager. B. New berms 1. on R.O.W. - Not allowed (9.302) 2. On private property - Subject to requirements of Chap. 9, Article III and Chapter 21, Article IV. Director of I.S. approves/disapproves. (15.409 encourages berms but refers to Chap. 9 and Chap. 21) C. Existing plantings f-. on R.O.W. - a. Trees - PW determines whether trees will be removed or saved (16.408B) b. Shrubs/evergreens - PW requires developer to bring plantings.into compliance with Chap. 9, Article V (16.408B) 2. On private property - Planning & Zoning requires developer to bring plantings.into compliance. with sight triangle guidelines (15.417) D. Existinq berms 1. On R.O.W. - P.W. Director, Dir. of Inspection Services or Engineering Division may require removal if deemed necessary. Note that,this is true even if berm is not in a sight triangle (9.302). 2. on private property - must meet sight obstruction guidelines. Planning and Zoning will identify problems and bring to attention of Engineering (15.409). This Ordinance will be presented September 15 for second reading. SIGHT Six Ordinances were presented for first readings OBSTRUCTIONS which would regulate the planting of shrub and trees that might be considered as sight obstructions to motorists, cyclists, or pedestrians. PROSPECT HIGH Following discussion Mayor Farley asked that this DETENTION BASIN matter be continued to the next Committee of the Whole meeting September 22. ECONOMIC An Ordinance was presented for first reading which DEVELOPMENT would amand.Chapter 5 of the Village Code to create COMMISSION an Economic Development Commission whose purpose would be to encourage and facilitate economic growth throughout the Village. This Ordinance will be presented for second reading at the September 15 meeting of the Village Board. COMMONWEALTH An Ordinance was presented for first reading to EDISON/VOMP authorize adoption of a franchise agreement between AGREEMENT Commonwealth Edison and the Village of Mount Prospect. This Ordinance will be presented for second reading on September 15. Page 4 - September 1, 1992 VILLAGE MANAGERPS REPORT BID RESULTS: Village Manager Michael E. Janonis presented bid results for the Prospect High School Detention Basin: PROSPECT HIGH Bidder Cost DETENTION BASIN G. Edwards Trucking Company $47,500.00' T & W Edmier Corp. 58,116.00 G. EDWARDS Trustee Hoefert, seconded by Trustee Corcoran, moved TRUCKING CO. to concur with the recommendation of the administration and accept the low bid submitted by,G. Edwards Trucking Company for a total expenditure for the detention basin not to exceed 47,500.00. Upon roll call: Ayes: Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Notion carried. SEMINOLE LANE A Resolution was presented to authorize the improvement IMPROVEMENT of Seminole Lane as a joint undertaking with Prospect Heights using Federal Aid Urban Systems (FAUS) funding. RES. NO. 26-92 Trustee Floros, seconded by Trustee Corcoran, moved for passage of Resolution No. 26-92 A RESOLUTION AUTHORIZING FAUS APPLICATION TO THE NORTHWEST MUNICIPAL, CONFERENCE FOR THE IMPROVEMENT OF SEMINOLE LANE Upon roll call: Ayes: Clowes, Corcoran, Floros Hoefert, Wilks Nays: None Motion carried. Page 4 - September 1, 1992 I Minutes COMMITTEE OF THE WHOLE August 2S, 1992 Roll Call The meeting was called to order by Mayor Gerald L Farley at 7:35 p.m. Trustees present were Mark Busse, George Clowes, Tim Corcoran, Leo Floros, Paul Hoefert and Irvana Wilks. Also present were -Village Manager Michael E. Jannis, Planning Director David Clements, Public Works Director Herb Weeks, Deputy Public Works Director Glen Andler, Forester Sandy Clark, Engineering Coordinator Jeff Wulbecker, Project Engineer Fred Tennyson, Deputy Police Chief Tom Daley, Finance Director David Jepson, Assistant Finance Director Carol Widmer and Village Attorney Buzz Hill. in addition, Dick Bachhuber, Chairman of the Finance Commission, Don Weibel, Chairman of the Plan Commission, Donna Johnson and Peter Hanchal, members of the Ad Hoc Sight Obstruction Committee, two residents and three members of the print media were in attendance. II Minutes of August 11, IM The minutes were accepted and filed. Trustee Irvana Wilks abstained from the vote. III 'Citizens to be Heard Mr. Rentschler requested that the August 10, 1992 Coffee With Council Minutes be corrected as follows: 1. The Last sentence of the second paragraph should read- "118 households are members of the association! rather than 118 residents are members of the association. 2. The last sentence of the third paragraph should read: "signed by 252 people" rather than signed by several people. IV Sight Obstruction Ordinance Discussion Mayor Farley stated that this ordinance deals with the very serious issues of Sight obstruction in Village parkways and had serious consequences for the safety of all ,Village residents. He added that an ad hoc committee was formed in September 1991 and that he had asked Trustee Irvana Wilks to chair the committee and to come back with recommendations that would be as palatable as possible. He stated that the committee had worked long and hard and had come up with a solution that balanced the potential risk to the Village„ the concerns of property owners, and aesthetics of the neighborbootls. Mayor Farley yielded to Trustee Wilks anti suggested that the discussion should be limited to 45 minutes. Trustee W11ks stated that the committee was formed because of the number of complaints the Village Board has received in the past regarding the Village's parkway canvassing program. For the last six years, the Village would canvass certain areas of the Village and then notify property owners who had shrubs or trees that presented sight obstruction in the parkways. The resident was informed that they would need to trim the trees or bushes, or if necessary, remove them to comply with Village standards. Trustee Wilks said that citizens were seeking relief from the standards when they had trees or bushes which were technically in violation but which they did not think presented- a traffic hazard. Trustee Wilks stated the committee had met on numerous occasions during the past Year, they drove through neighborhood areas and they had discussions with public works, engineering, planning and police personnel as well as the Village attorney about the issues. The result of their work was a comprehensive revision to all the sections of the: Village Code which referenced parkway safety issues. Their intention was to eliminate the liability for the Village and provide a procedure for residents to appeal when they. disagreed with adverse findings. The appeal process would be heard by the Safety Commission and their decision would be final. Trustee Wilks also mentioned that the proposed changes included a provision for a resident to plant or retain plantings on public parkways if they would covenant to hold the Village harmless if an action were brought against the Village. Mr. Hill explained that a ,change an;. the tort immunity law grants municipalities immunity from liability from failing to enforce their own ordinances. He said the Village could stili be included in the suit but that this provision would shift some of the liability to the: homeowner. Trustee,Wilks thanked the members of the committee for the effort they put into the task. She mentioned that the committee was made up of residents Donna Johnson and Pete Hanchal; and Village staff members Sandy Clark, Tom Daley, and until the time of his death, Drew Johansen. Donna Johnson, 1049 Westgate, read a memorandum addressed to the Mayor and Board of Trustees from Peter Hanchar and Donna Jobn on in which they agreed with all the recommen- dations of the committee except one. They opposed the inclusion of a provision whereby the home owners would be required to hold the Village harmless for ;claims resulting from the plantings. She mentioned that this provision would encourage lawsuits and would take away from the work of the committee. Peter Hanchal, 1311 Ironwood, stated that any time anything is planted in the parkway there is some risk. However, he said he had been informed that the Village has never had a claim because of sight obstruction. He said that plantings on the parkways improve the neighborhood and that residents would be discouraged from planting with this provision. 2 .......... Mayor Falley said he agreed that Mrs. Johnson and Mr. Hanchal had valid points but that the Village had a unique responsibility to protect the entire Village. He said the action of a few should not obligate the entire Village. He added that he endorsed the report as presented. Trustee Hoefert- said the proposal does help to limit the risk of the Village and that the homeowner is put on notice when they apply for a permit. Trustee Busse asked about the liability the Village assumes -for the trees the Village plants and said he was concerned that the Safety Commission would have the final say. Attorney Hill said that the objective was to have the homeowner =nine the liability where they were responsible for the plantings. Mayor Farley responded that the Safety Commission would react based on safety considerations and would take the question out of the political process. Trustee Cloves said he was concerned because the new definition of the sight triangle was much more restrictive than the previous definition and that it was moved back onto private property. Attorney Hill said the previous definition attempted to re to within the definition and that was not proper. Forester Sandy Clark said previous definitions in Chapters 15 and 16 of the Village Code were not consistent and the new definition corrected the problem. She also added that John Dahlberg, the accident investigator for the Police Department, helped to establish the new sight triangle. Additionally, because the right-of-way. varies from property to property this change was more consistent. Mayor Faft said that the ordinance changes would be presented for a first reading at the Village Board meeting on September 1, 1992 and that additional questions and discussion could take place at that time. V Financial Forecast Finance Director David Jepson reviewed information which had been presented to the Committee which compared actual revenues and expenditures for the previous five years with estimates for 92/93 and projections for the next four years. Mr. Jepson stated that the Village has been affected by the slowdown in the economy and that revenues are expected to be significantly lower than had been anticipated Additionally, the long-term trend shows that the imbalance between revenues and expenditures is expected to grow. The estimates for 92/93 indicate a deficit of $6%,OOD and the projections show a potential deficit of $2.1 million for 96/97. Mr. Jepson stated that this trend is affecting many municipalities and that Mount Prospect has fared better than most other communities. He pointed out that as of April 30, 1992 the Village was m a strong financial position and could weather the current shortfall and emergency situations but that some action needed to be taken to resolve the problem on a long-term basis. The information presented to the Committee included six financial schedules. Some of the specific items of information contained in those schedules are summarized below. Minutes COMMITTEE OF THE WHOLE June 23, 1992 Roll Call The meeting was called to order at 7:39 p.m. by Mayor Gerald L Farley. Trustees present were George Clowes, Tim Corcoran, Leo Floros, Paul Hoefert and Irvana Wilks. Trustee Mark Busse was absent. Also present were Village Manager John Fulton Dixon, Planning Director David Clements, Inspection Services Director Chuck Bencic, Deputy Fire Chief Lonnie Jackson, Inspection Coordinator Dan Jakes, and Finance Director David Jepson. Additionally, 4 Village residents and 4 members of the print media were in attendance. II Minutes of June 9, 1992 The minutes of June 9, 1992 were approved and filed. III Citizens to be Heard Frank Vlasney Frank Vlasney, 2103 Jody Court, Mount Prospect, Illinois stated he was concerned about the Downtown Redevelopment Plan presented by Broadacre Consulting Company. Mr. Vlasney said he thought the project would be paid for by the developer and that he did not think the Village should subsidize development projects. Mr. Vlasney facetiously . suggested that the Village could contact the Buffalo Brothers of Palatine, Illinois to develop the Triangle Property. Mayor Farley said the suggestion was not relevant for Mount Prospect and that the Village Board was concerned with all aspects of the Downtown Redevelopment Project. IV Revised Comprehensive Plan The following changes were recommended to the Comprehensive Plan as presented: Page 5, Objective 3 - Strike "such as illegal home occupations." Page 5, Objective 11 - Separate "over -crowding in higher density housing' into a new Objective 12. Page 8 - Add a new Objective 11 to reflect the preparation of a 5 year capital improvement plan. Page 14, 6th paragraph under Principles - The word Adopted should be observed. Page 36 - Add the Commonwealth Edison Right of 'Way and the Old Orchard Golf Course to the Community Facilities Plan. Page 37, 5th paragraph - The words "should be" should be changed to "could be." Page 43, last paragraph - Station No. 1 should be changed to Station No. 13. Page 43, Christian Life College - "Seven" acres should be changed to "eight" acres. Page 45, Public Works Headquarters and Public Safety Building. Correct data to reflect most current information. Page 46, next to last paragraph - It should be mentioned that Citizens Utilities also provides water and service in the southeastern portion of the Village. Page 47, 1st paragraph. The word "effluence" should be changed to "effluent." Page 51, Housing - It was suggested to delete the heading "Special housing programs...... Page 54, 1st sentence - Change Gregory School to Christian Life College and add other school facilities. Page 56 - This graphic should be labeled Figure 6 rather than Appendix 1. Also reference 2J should be 4J. Planning Director Clements stated that there would be a public hearing for the revised Comprehensive Plan before the Plan Commission on July 15, 1992 and he expected an ordinance to be presented to the Village Board on August 4, 1992. VI Proposed Changes to the Building and Fire Prevention Codes Inspection Services Director Chuck Bencic explained that the BOCA Codes are revised every three years and that although the Village makes some changes based on the three year cycle, the complete updates are only adopted on a six year basis. Currently the Village uses the 1984 BOCA Code with modifications and the changes being presented will bring the Village's Building Codes up to the 1990 BOCA standards. Mr. Bencic stated the changes being recommended include the 1990 BOCA Building Codes, 1990 BOCA Mechanical Code, Illinois State Plumbing Code, 1989 CABO (one and two family dwelling codes) and the 1990 National Electrical Code. Mr. Bencic explained that the National Codes have been modified to reflect conditions in the Mount Prospect area. Mayor Farley asked what the changes represent, i.e. are they because of life/safety issues or better construction materials and methods? Additionally, he asked what impact the changes will have on the cost of construction. He said he wasn't sure all of the changes were necessary. 2 Mr. Bencic responded that often the changes are due to life/safety issues and new technology that becomes available. He added that in some cases the cost is less but that life/safety requirements can add to the cost. Mr. Bencic then reviewed the changes outlined in his memo of June 2, 1992. Items 1 - 29 were reviewed by the Committee with most of the discussion focused on the additional cost the changes would require. Trustee Clowes stated he could understand the changes if there would be a reduction in insurance costs to the building owner. He said he would like to see more evidence to support some of the changes. Trustee Floros stated that he would like to have the proposed changes reviewed by building professionals to determine their impact. There was support from the committee for this suggestion and it was agreed to continue the review at a future Committee of the Whole meeting. VI Manager's Report Village Manager Dixon reported that there were 95 to 100 trees down from the June 17, 1992 storm. He added that Public Works Department personnel had worked 1,100 overtime hours thus far and had rented additional equipment to try to expedite the cleanup. He said that he expected the cleanup to be completed prior to the July 4 holiday. VII Other Business Trustee Clowes stated that in reference to a letter supporting regulation of Cable TV, that he preferred less regulation and more competition. Trustee Wilks said she would like to see the amount of paper in the agenda packets reduced as much as possible. VIII Adjournment The Committee adjourned to go into Executive Session at 10:22 p.m. Respectfully submitted, David C. Jepson, Finance Director DCJ/sm I.Ierbert L Weeks ?O"C--y O.P.-Y 01-mr Gen FL Antler /,,s Water Superintendent 6L Jerry W McIntosh Street superintendent Me" L Both Forestry Superintendent Sandra K ;ark Adininistrati" Aide U Use Angen Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056 TREE cm USA Phone 312/870-5840 CERTIFIED MAIL May 1, 1991 Dear Village ordinances prohibit the planting of evergreens and shrubbery in the public right-of-way. These plants eventually block the view of motorists and pedestrians, and if an accident should occur there is the potential for a lawsuit. We must enforce our ordinances in order to protect the Village, and ultimately Mount Prospect taxpay- ers, from liability cases. A recent survey has identified the following noncomplying plants in your parkway: Two 301 evergreens Although technically the ordinances prohibit these plants, as a com- promise measure we will allow pruning to improve visibility. No foliage will be allowed to remain in the zone between 3011 above the road surface and 6 feet above the road surface. Thus, shrubbery heights must not exceed 3011, and branches on evergreen trees must be removed up to at least 6 feet. We are asking residents to prune shrubbery they wish to retain by June 1, 1991. After that date, any shrubbery exceeding 3011 will be removed by Village forces. At the same time, Village crews will remove all branches up to a height of 6 feet on evergreen trees which are at least 121 high. Evergreen trees less than 121 high will be cut down by Village forces. You may prefer to relocate noncomplying plants onto your private property, at�your own expense. This letter will serve as your permit to do so. Again, please take this action by June 1, 1991. 1 hope you will understand that these measures must be taken fbr the protection of all Mount Prospect residents. Thank you for your co- operation. Sincerely, sandy �Crk SC/eh Forestry Superintendent OBST91 August 20, 1992 TO: Mayor, Board of Trustees, and Village Officials FROM: Peter Hanchdr and Donna Johnson RE: Proposed changes submitted by the Citizen's Committee to Review Sight Obstructions in the Public Right of Way On September. 18.1991 Mayor Farley appointed us and Trustee Wilks, Deputy Chief of Police Thomas Daly, and Village Forester Sandra Clark to serve on a committee that would reach a consensus regarding plantings in the public right of way. A considerable amount of time and effort has been shared by all persons involved. As a committee we propose changes thatwill enhance the village ordinances governing trees and,shrubbery in the public right of way. We feel these changes will ensure the safety and welfare of all Mt Prospect residents. As a committee we agreed that enforcement of ordinances regarding trees and shrubbery should be done on a 'case by case' or Identified need' basis with intersections in particular having top priority. We agreed upon the definition of a sight triangle and set the parameters for such. We agreed shrubbery and evergreens could be maintairred in the public fight of way. We agreed upon the appeal process citizens could use. And because of this committee, other interrelated Village ordinances have been coordinated to reflect our proposed changes. However, as a committee we could not unanimously agree on the following issue. Mr. Hanchar and I we vehemently opposed to the inclusion of the last sentence contained in Paragraph C (Assumption of Risk) of Sec. 9.502 (Planting on Public Property) which reads: Additionally, bythe act of berming, planting or keeping of trees, shrubs or other plants on public property the person so doing covenants to defend and hold the Village harmless against any claims by any party for damages or injury that allegedly resulted from planting. We'feel property owners willing to bear additional expenses for improvement to our local ecology, and who follow the village's permit procedure, should NOT be made the target of any lawsuit as a result of "boiler plate language* written into our local ordinances. We find this .Inst Sentence in Ptregriaph C, to be of NO benefit except to invite lawsuits upon our citizens. it is.offensive in our community, where "Friendliness is aWay of Life". Lastly, we feel the adoption of such "boiler plate language" 411 have a chilling effect on property owners who otherwise would be willing to bear additional financial expense to enhance our local ecology. Thanks to the concern and unselfishness of previous property owners who added the beauty of trees and shrubbery, our streets have a distinctive, well cared pastoral appearance —that is also home to rabbits, mallard ducks and Canadian geese. With all thatthis committee has accomplished, this one sentence should not be allowed to sour our hard work. Mr. Hanchar and I respectfully request this sentence be struck from the proposed changes. Our goal, as yours — is to live in a safe and beautiful neighborhood. Respectfully, Donna Johnson Village of Mount Prospect Mount Prospect, Illinois S. INTEROFFICE MEMORANDUM August 26, '1992 TO: Mayor, Trustees and Manager FROM: Irvana Wilks During our discussions about tbe.parkway/sight obstruction issues, I noted some matters I wish to clarify. There are a few departures from our current ordinances on parkways and I want to make certain that you understand those points. A few of those departures were.a, result of compromises reached with the residents. Although I stated in my memo accompanying the.proposed ordinance that I support it, I do not want to stifle debate on issues that are important to the appearance and safety of*cur beautiful village. I am writing this memo to give you a chance to call me if you have questions or want me to expand on anything. Private Property Trimming and Removal The proposed ordinance will allow the village to trim and remove bushes on orivate DruDerty. Currently, the village trims and removes bushes and evergreens only from public rLght ofha Public works does not use a sight triangle to do its trimming and rem * oval. Crews remove and prune from the public righC of ways, perlod! That right of way crosses over drive ways, and at corriers the right of ways intersect. That means the entire strig of right of waX provertZ is to be kept clear of shrubs _and qve�reens. Residents who live with sidewalks are used to keeping that strip of land next to the street free of bushes. Residents living without sidewalks feel their property goes all the way to the street. In some places the right of way is 40' from the center of the road way or it may be 331 from,tbe center or some 'other width. Mrs. Clark stated that was why we ;irate the ordinance with measurements taken from the curbs. - Trustee Clowes said he was against the increased legs of the sight triangle. Currently, the only part of our codes where a sight. triangle is used is in the Development Code (in Chapter 16)' and pertains only to Private property olrkzLtingA developments.fqr new develonts. Chapter 9, which governs streets and planting on public property and.which gives marching orders to -the public works department ft)r the maintenance of parkways, does riot mention sight triangles. As Istated before, Chapter 9 keeps all rights of ways clear except signs, fire hyctrants arid j2trm1tttjd trees or trees in the cost sharin&jppogra%. Page 2 Using sight triangle measurements allows us to make determination's abouL'plaritings based on the safety issue. The proposed ordinance S12eris up thd public rights of way t2 betLL?janted In, if bushes are kept from intersections and driveways and if a permit is obtained. Using sight triangle measurements also allow us to trim on private property. We had to make a determination about safety and that brought us Lo use the sight triangle. ***At the Sept. 1 meeting this ordinance will be considered. You may want to discuss the above issues and decide whether we want the village to trim and remove shrubs and ever -greens from private property. Shrubs_ Will Be Permitted in the Parkway Wheii Buzz Hill said that the proposal represents a number of _concessions on the part of the village (Buzz, Sandy, Tom Daley, Herb'Weeks and myself), he made an excellent; observation. One of those concessions was to allow the planting of shrubs in the parkways. Please note that this provision riot only applies to properties in Westgate and other areas of the village without sidewalks (which might have "pastoral appearances"), but also would apply to every street in the villgge., Please compare the proposed ordinance to Your copy of the code book. Compare the proposed Chapter 9, Article V, Section 9.502, to what it is replacing in Chapter 9, Article V, Section 9.501. When we added the word "shrub" to what is bE'ing allowed on public property, we also added a permitting process; a statement that if Lhey don't maintain the shrubs, they pay for removal; and the hold harmless statement. That is a lot of effort. to go to for a bush, but we were trying to accommodate residents who want bushes but still keep some control over the situation. The proposed ordinance was written to reflect the way public works actually enforces the parkway plantings now. If residents plant bushes in the parkways, village crews tell them to remove them only when they begin to interfere with drivers" safety. On the tape, a home owner had planted a shrub at the curb., His bushes have been given a temporary stay because the owner trimmed them, and with that trimming they no longer posed a safety problem. The current ordinance on this issue can be found in See. 9.501.D8. It states: "It shall also be unlawful to plant any type of shrub, bush, or evergreen in the parkway." That language was placed into the ordinance in 1981. From 197.3 until 1981, shrubs could not be planted in parkways without a permit and could not be allowed to 'grow over 36 inches.. From 1960 until 1973, shrubs could not be planted without a permit and could not growtoa height of more than four feet. The proposal before you is a departure from - a complete prohibition; it returns to allowing bushes under certain 'conditions. page 3 We should not open up our parkways to shrubs if we feel squeamish about any of the follqwing Poi Ls --allowing shrubs on the parkway; thepermitting process; making people maintain or remove the bushes; or the hold harmless statement. I feel strongly that if we are not able to -keep the requirement of a hold harmless statement in the ordinance; then we should not open our parkways to shrub, planting._ The hold harmless statement is *meant as a deterrent; and to instruct the property owner on the liability he is accepting. I suspect there are going to be property owners who see that theit neighbors have planted -bushes - in the parkways, who do not -know there is a permit process, and just stick shrubs in their. parkways. This has been what has happened in the Westgate area where not all the streets have sidewalks. But this proposed ordinance does open a window for this to happen also on streets with sidewalks. Sandy tells me that although permits are required to plant trees in parkways if the cost sharing program is not used, property- owners• often transplant little volunteer trees Lhe*re. The trees often are silver maples that they dig up from elsewhere in their yards. ***At the Sept. I meeting you may' want to discu-ss the above issues and decide whether the village should get into the. business of permitting, trimming and removing shrubs and evergreens from the right of way. The staff is preparing additional drawings which show how the public works department enforces our current ordinances. Sandy also has a list of the few other communities which allow parkway shrubs. RIGHT-OF-WAY PLANTING RESTRICTIONS IN OTHER MUNICIPALITIES Arlington Heights Evergreen and.shrub plantings not:allowed.. Village hascomplete control of right-of-way plantings. Downers Grove Evergreen trees can be planted but must be stemmed up 12 - 14 feet. Winnetka Evergreen trees can be planted but are discouraged. city.stem them up to 14 feet. Park Ridge Evergreen trees cannot be planted. Separate ordinance covers sight obstructions near intersections. Evanston Shrubs less than 3611 may be planted by permit. Evergreen trees are permitted only on a few downtown streets and are planted and - stemmed up by city. Buffalo Grove Village has exclusive right to plant trees and shrubs on right- of-way unless otherwise granted in writing. (Separate section regulates private property sight obstructions). Barrington Permit needed to plant trees or shrubs in right-of-way. Hanover Park Forester has exclusive jurisdiction over right-of-way plant- ings. Trees and shrubs -are allowed by permit.but must conform: with Village urban forestry plan. Rolling Meadows Only shade trees, no evergreens, allowed in. right-of-way. No trees allowed within. 20 feet of intersections. Prepared by Sandy Clark August 27, 1992 ROWRESTR.CTN/FILES/FOI:ZESTRY CURRENT RIGHT-OF-WAY PLANTING REGULATIONS 8/27/92 STREET No Shrubs or Evergreen Trees May Be Planted (However In New Developments Any Existing Shrbbs May Remain if 30" or Less). Shade Trees Are Permitted But Not Within 6' of Driveways or 40' of Intersections. CURRENT PRIVATE PROPERTY PLANTING REGULATIONS FOR NEW DEVELOPMENTS ONLY 8/27/92 STREET ® NO PLANTINGS > 3` IN THESE AREAS PROPOSED RIGHT-OF-WAY PLANTING & BERM REGULATIONS 8/10/92 9 - SHRUBS OF ANY HEIGHT OK. SINGLE STEMMED DECIDUOUS TREES OK. ----------------------------------- SHRUBS 3' OR LESS OK. 0- SINGLE STEMMED DECIDUOUS 0 TREES OK. 2' ----------------------- NO PLANTINGS ALLOWED I T CURB OR EDGE OF PAVEMENT STREET NOTES: 1) All right—of—way plantings require a permit. Certain other requirements must be met in regards to spacing, species, proximity to utilities, etc. (See Code). 2) No berms are allowed on right—of—way. 3) Property lines are often less than 20' from curb, so many parkways will not include all zones shown above. 4) Above restrictions apply to all right—of—way plantings. Additional restrictions are imposed within sight triangles (See Next Page). 4- r SHRUBS OF ANY HEIGHT AND EVERGREEN TREES OK' SINGLE STEMMED DECIDUOUS TREES OK. SHRUBS OF ANY HEIGHT OK. SINGLE STEMMED DECIDUOUS TREES OK. ----------------------------------- SHRUBS 3' OR LESS OK. 0- SINGLE STEMMED DECIDUOUS 0 TREES OK. 2' ----------------------- NO PLANTINGS ALLOWED I T CURB OR EDGE OF PAVEMENT STREET NOTES: 1) All right—of—way plantings require a permit. Certain other requirements must be met in regards to spacing, species, proximity to utilities, etc. (See Code). 2) No berms are allowed on right—of—way. 3) Property lines are often less than 20' from curb, so many parkways will not include all zones shown above. 4) Above restrictions apply to all right—of—way plantings. Additional restrictions are imposed within sight triangles (See Next Page). PROPOSED PLANTING/BERM REGULATIONS WITHIN SIGHT TRIANGLES ,8/27/92 ZS a_ DRIVEWAY Al—T— ........ E u J p N' v a W LJ 0 {-- zs � {� as STREET (Speed Limit <•30 MPH) RESTRICTED AREA. Restrictions Include: — No berms, shrubs, or berm/shrub combinations over 3' tall. No trees over 3"' dia. with branches lower than 6' above top of curb. Notes 1)Above restrictions apply to both public and private property. 2) Right—of—woy widths vary greatly from one street to the next. When the right—of—way is narrow, a greater proportion of the sight triangle may fall on private property, and vice versa. EXAMPLES OF PROPOSED SIGHT TRIANGLES WITH VARYING RIGHT -CF --WAY WIDTHS 8/27/92 EXAMPLE A. 10' Right of Way Behind Curb --F 25' DRIVEWAY Lj 75' STREET (Sp..d Ulit < 30 -MPH) EXAMPLE C. 30' Right of Way Behind Curb EXAMPLE B. 20' Right of Way Behind Curt) —7- 25' DRIVEWAY E 25' Li 31 ' U' ) 7 T STREET (sp-d u -t 4 3o MRH) EXAMPLE D. 40' Right of Way Behind Curb RESTRICTED AREA. Restrictions Include: — No berms, shrubs. or berm/shrub cormbimatons over 3' tall. — No trees over 3' dia. with branches lower than 6' above top of curb. --7- 2 5'A 25' DRIVEWAY DRIVEWAY -7- --T- < "7 25' 25* Lj V) 75' 75' F25` F251 STREET (Sp..d Lit < 30 MPH) STREET (SP -d Unit < ZO'MPW) EXAMPLE A. 10' Right of Way Behind Curb --F 25' DRIVEWAY Lj 75' STREET (Sp..d Ulit < 30 -MPH) EXAMPLE C. 30' Right of Way Behind Curb EXAMPLE B. 20' Right of Way Behind Curt) —7- 25' DRIVEWAY E 25' Li 31 ' U' ) 7 T STREET (sp-d u -t 4 3o MRH) EXAMPLE D. 40' Right of Way Behind Curb RESTRICTED AREA. Restrictions Include: — No berms, shrubs. or berm/shrub cormbimatons over 3' tall. — No trees over 3' dia. with branches lower than 6' above top of curb. caf - 8/18/92 vwl - 8/26/92 caf - 9/10/92 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE X ENTITLED "SAFETY COMMISSION01 OF CHAPTER 5 0 VILLAGE CODE OF MOM PROSPECT WHEREAS, in order to provide a greater degree of safety for pedestrians, cyclists, and motorists in Mount Prospect the President and Board of Trustees of the village of Mount Prospect have considered amendments to the Village Code to regulate '#Sight Obstructionsil; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by adopting the following amendment to the Village Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT -AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That paragraph B of Section 5.1004 of Article X entitled "Duties of Commissionv" of Chapter 5 of the village Code, as amended, is hereby further amended by deleting said Section 5.1004.B in its entirety and substituting the following; so that hereinafter said Section 5.1004.B of Chapter 5 shall be and read as follows: �• B. To recommend such actions to the Board of Trustees as it may deem appropriate to serve the cause of safety. In regards to appeals to the Safety Commission regarding sight obstruction by vegetation or berms as defined in Article III and Article V of Chapter 9, the decision of the Commission shall be final. 00 SECTION TWO: That 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: PASSED and APPROVED this ATTEST: Carol A. Fields Village Clerk day of , 1992. Gerald L. Farley President caf - 8/18/92 vwl - 8/26/92 caf - 9/10/92 •'•F • AN ORDINANCE CREATING ARTICLE III ENTITLED 11BERMS" OF CHAPTER 9 OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, in order to provide a greater degree of safety for pedestrians, cyclists, and motorists in Mount Prospect the President and Board of Trustees of the village of Mount Prospect have considered amendments to the Village Code to regulate INSight ObstructionsO#; and WHEREAS, the President and Board of Trustees of the village of Mount Prospect have determined that the best interests of the Village would be served by adopting the following amendment to the Village Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article III of Chapter 9 of the Village Code of Mount Prospect is hereby created; so that hereinafter said Article III of Chapter 9 shall be and read as follows: it ARTICLE III BERMS F_J*y4FRF 9.301. Definitions 9.302. Berms on Right -of -Way and Drainage and Utility Easements 9.303. Berms on Private Property Sec. 9.301. Definitions. BERM: A man-made slope raised generally above the surrounding finish grade. SIGHT TRIANGLE: A triangular area at the intersection of two (2) streets or a street and a driveway, the hypotenuse of which establishes the minimum safe line of sight for a motorist, cyclist or pedestrian. Sec. 9.302. Berms on Right -of -Way and Drainage and Utility Easements. Berms shall not be created or maintained on village owned or other publicly -owned right-of-way or on drainage and utility easements. Where berms currently exist in these areas, the Village reserves the right to require their removal if in the opinion of the Director of Public Works, Director of Inspection Services or Engineering Division, the berms may interfere with drainage or utilities maintenance or may constitute a sight obstruction. The assumption of risk provisions of Section 9.502(c) shall be applicable to berms. Sec. 9.303. Berms on Private Property. Installation of berms on private property shall be subject to the requirements of Chapter 21, Article IV and to prior review and approval by the Director of Inspection Services. Berms on private Chapter 9 - Berms Page 2 of 2 property within sight triangles shall be additionally restricted as follows: A. At the intersection Of two streets, the legs of the triangle shall be measured along the curbs, or edges of pavement on streets with no curbs. The log of a sight triangle along a street having a legal speed limit of JLeS8 than thirty miles per hour (30 MPH) shall be fifty-five feet (551). The leg of a sight triangle along a street having a legal speed limit of thirty miles per hour (30 MPH) or more shall be seventy-five feet (759). B. At the intersection of a street and a driveway, the legs of the triangle shall be ten feet (101) along the edge of the driveway and twenty-five feet (251) along the curb, or on a street with no curbs along the edge of the pavement. C. on private property within sight triangles, berms landscaped only with turf shall be no higher than thirty-six inches (3610) from the top of the curb or edge of shoulder. Where shrubbery is planted on such berms, the height of the berms plus the height of the shrubbery shall not exceed thirty-six inches (3611). Sec. 9.304. Enforcement. This Article shall be enforced in the same manner as planted sight obstructions pursuant to Section 9.503. U SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 1992. Gerald L. Parley President ATTEST: Carol A. Fields village Clerk caf - 8/18/92 VW1 - 8/26/92 caf - 9/17/92 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE V OF CHAPTER ENTITLED INTREES" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, in order to provide a greater degree of safety for pedestrians, cyclists, and motorists in Mount Prospect the President and Board of Trustees of the Village of Mount Prospect have considered amendments to the Village Code to regulate INSight Obstructionsol; and WHEREAS, the President and Board of Trustees of the village of mount Prospect have determined that the best interests of the Village would be served by adopting the following amendment to the Village Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article V entitled $$Trees## of Chapter 9 of the Village Code of the village of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Article V of Chapter 9 of the Village Code shall be and read as follows: of ARTICLE V SECTION: 9.501 Definitions 9.502 Planting on Public Property 9.503 Sight Obstructions 9.504 Removal of Trees 9.505 Dangerous Trees 9.506 Dutch Elm Disease control 9.507 Obstructions to Trees 9.508 Excavations and Construction 9.509 Injury to Trees 9.510 Penalty Sec. 9.501. Definitions. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat of which has been recorded or registered with the appropriate county office, or the deed to which has been recorded or registered with the appropriate county office pursuant to chapter 109 (Plats Act) section 1.(b) of the Illinois Revised Statutes, and which is intended to be used, developed or built upon as a unit. LOT LIKE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. Chapter 9, Article V Page 2 of 10 PARKWAY: That part of the public street right of way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right-of-way line, as well as the raised dividing strip of a roadway. Where a sidewalk exists, the right of way line is often, but not always, one foot behind the sidewalk. The exact location of the right of way line shall be as indicated on the plat of survey. RIGHT OF WAY: A strip of land acquired by or dedicated to the public and occupied or intended to be occupied by a street, walkway, railroad, utility or other similar use. SHRUB: A woody plant that is usually not tree -like in habit and produces branches or shoots from or near the base. SIGHT TRIANGLE: A triangular area at the intersection of two (2) streets or a street and a driveway, the hypotenuse of which establishes the minimum safe line of sight for a, motorist, cyclist or pedestrian. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A "street" includes the entire right- of-way and any improvements which may be located within the right of way. Sec. 9.502. Planting on Public Property. A. Permit Required: No tree or shrub shall be planted on public property, including, but not limited to, public streets and parkways, without a permit. An application for such a permit, which shall be free of charge, shall be filed with the Director of Public Works and shall contain at least the following: 1. Name and address of applicant 2. Address of property where the tree or shrub is proposed to be located; 3. A plan drawn to scale showing: a. The proposed location of each tree or shrub to be planted. b. The diameter of each tree and height of each shrub. c. The species of each tree or shrub. 4. A statement that any shrubs planted on public property shall be maintained by the applicant as required by 9.502.F below, and that failure to do so may result in the Village removing or pruning the shrubs at the expense of the property owner. Chapter 9, Article V Page 3 of 10 S. A statement that any shrubs planted on public property which die shall be removed by the property owner. 6. A statement that the applicant agrees to defend and hold the Village harmless,against any claims by any party for damages or injury that allegedly resulted from planting. B. Issuance or Denial of Permit: Within fourteen (14) working days after receipt of a completed application for a tree planting permit, the Director of Public Works shall review such plan for compliance with applicable Village of Mount Prospect ordinances. if the proposed planting does not so comply, said Director shall notify the applicant in writing of the reasons for said Director's refusal to grant applicant's planting permit. C. Assumption of Risk. Any berming, planting or keeping of trees, shrubs or other plants on public property, right of way or easement is done at the risk of the person so doing. The Village shall not be responsible for the repair or replacement of any planting of any kind or nature done by a private property owner within a public right-of-way or easement. Additionally, by the act of berming, planting or keeping of trees, shrubs or other plants on public property the person so doing covenants to defend and hold the Village harmless against any claims by any party for damages or injury that allegedly resulted from planting. D. Regulations Governing Tree Planting. All trees to be planted on public property shall be planted in accordance with the following provisions: 1. All trees shall be grown in a nursery located in the northern half of the State and licensed by the State. 2. Trees selected for planting in the Village shall be healthy, free of insects and diseases, bark bruises, and scrapes on the trunk or limbs before and after planting. Selected trees shall have a straight trunk with limbs not lower than six feet (61) above the ground. 3. Tree holes may be machine dug, but if the existing lawn is damaged, it shall be the responsibility of the applicant to restore the lawn to its original condition. The applicant shall also secure all necessary underground utility locations prior to planting. 4. The planting season shall be approximately October 15 to December 1, and March 15 to May 1. S. Trees shall have a minimum trunk diameter, measured six inches (614) above the ball, of two and one-half inches (2- 1/210) unless specific permission is granted otherwise by the Director of Public forks. 6. Trees to be planted in the parkway shall be no closer than six feet (61) from driveways and twenty feet (201) from intersections. No trees are to be planted within six feet (6' ) on either side of a fire hydrant or buffalo box. Chapter 9, Article V Page 4 of 10 7. Planting locations of trees shall be subject to the following regulations: Replacement Trees. Replacement trees may be planted any distance from existing parkway trees, as long as such planting is in compliance with all other provisions in this Article. $$Replacement trees" shall be defined as only trees being planted to replace trees removed within the year previous to the date the application for a planting permit is made. New Trees. New trees shall be planted no closer than forty feet (4 0 $ ) from any other parkway tree. $$New trees" shall include all trees not covered by the term "replacement trees" as defined above. Tree Planting Requirements. 1. Trees shall be planted on the center line of the parkways. No trees shall be planted on parkways less than four feet (4$) in width unless in the opinion of the Director of Public Works, the planting and the species of the tree approved will not endanger sidewalk, curb and gutters, sewer, water lines or other physical property. 2. The planting hole shall be twelve inches (12$$) larger in diameter than the diameter of the ball. 3. The tree shall be planted the depth at which it was growing in the nursery. 4. In most instances the backfill around the ball shall be the same soil as that which was removed from the hole; however, in cases where rocks, stones, etc. are encountered, top soil shall be used. S. Any excess soil, debris or trimming shall be removed from the planting site immediately upon completion of planting. 6. Where necessary, trees shall be staked to insure that they remain straight. 7. All tags, wires and plastic ties shall be removed from each tree. S. Species of Tree Allowed. Only the following species of trees shall be planted unless specific permission is granted otherwise by the Director of Public Works: Norway Maple Schwedler$s Purple Maple Red Maple Crimson King Maple Sugar Maple Horse Chestnut Hackberry American Beech White Ash Purple -leaf Beech Green Ash European Beech Blue Ash Maidenhair Tree or Ginkgo (Male) Tulip Tree Honsylocust (thornless varieties) White Oak Northern Red Oak Burr Oak Scarlet Oak Little -leaf Linden Swamp White Oak Shingle Oak Katsura Tree Chapter 9, Article V Page 5 of 10 The planting of evergreen trees on Village -owned or other publicly -owned right-of-way shall be subject to the following additional requirements: a) The trunk of the tree shall be planted no closer than twenty feet (201) from the back of curb, or edge of pavement on a street with no curbs. b) The species shall be subject to prior approval by the Director of Public works, who shall maintain a reasonable list of permitted evergreen species. F. Regulations Governing shrub Planting The planting of shrubs on Village -owned or other publicly -owned right-of-way shall be subject to the following additional restrictions: 1. No shrub shall be planted or allowed to grow closer than two feet (21) from the back of curb, or edge of pavement on a street with no curbs. 2. Shrubs planted within ten feet (100) of the back of curb, or edge of pavement on a street with no curbs, or within a sight triangle as defined in Section 9.501 of this chapter, shall be maintained by the property owner at a maximum height of thirty-six inches (3601) above the top of curb or edge of pavement. 3. No shrub shall be planted within six feet (61) of a fire hydrant or buffalo box. Sec. 9.503. Sight obstructions. Not withstanding any other provisions of this Chapter, nothing shall be planted or permitted to grow within a sight triangle on either public or private property if the planting or growth limits the ability of motorists, cyclists or pedestrians to view another street or other motorists, cyclists or pedestrians. At the intersection of two streets, the legs of the triangle shall be measured along the curbs, or edges of pavement on streets with no curbs. The leg of a sight triangle along a street having a legal speed limit of less than thirty miles per hour (30 MPH) shall be fifty-five feet (551). The leg of a sight triangle along a street having a legal speed limit of 30 miles per hour or more shall be seventy-five feet (751). At the intersection of a street triangle shall be ten feet (101) twenty-five feet (251) along the along the edge of the pavement. and a driveway, the legs of• the along the edge of the driveway and curb, or on a street with no curbs Within these triangles, the area from three feet (31) to six feet (60) above the top of curb, or edge of pavement on a street with no curbs, shall be kept free and clear of any obstructions. Single stemmed trees within sight triangles shall be considered to be obstructions only if their trunks as measured six inches above ground exceed three inches (310) in diameter and their lowest branches are lower than six feet (61) above the top of curb or edge of pavement. Plantings or berms within a sight triangle that are identified by Village staff or citizens as being unsafe shall be inspected by the Engineering Division according to the above standards. if the Engineering Division determines that the plantings or berms constitute a sight obstruction they shall serve on the property Chapter 9, Article V Page 6 of 10 owner by regular mail a written Order to Prune or Remove the obstruction. If the obstruction is not eliminated or an appeal filed within thirty (30) days of such notice, the Village reserves the right to cause such obstruction to be pruned, modified or removed and to bill the owner for the cost of such work. A property owner may appeal the order by filing with the Engineering Division a written Request for Review by the Village Safety Commission. The Request for Review must be filed within thirty (30) days of mailing of the order. The decision of the Safety Commission shall be final. The inquiry of the Safety Commission shall be limited to (1) whether the plantings or berms violate a regulation of Chapter 9, Article V; or (2) whether the plantings or berms actually limit the view of motorists, cyclists or pedestrians. See. 9.504. Removal of Trees. It shall be unlawful to remove or out down any tree in any street, parkway or other public place without having first secured a permit therefore. Applications for such permits shall be made to the Director of Public works for approval before permission shall be granted. - See. 9.505. Dangerous Trees and Shrubs. A. Any tree or shrub growing on private property which overhangs any sidewalk, street or other public place in the Village in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the premises on which such tree or shrub grows so that; the obstruction shall be eliminated. Shrubs shall be kept entirely clear of sidewalks. Tree limbs shall not project over the sidewalk at a height of less than eight feet (84) above the sidewalk or fourteen feet (140) above the street pavement. owners of vegetation not maintained in the above manner shall be required to correct the violation within thirty (30) days of receipt of such notification from the Director of Public Works. if the violation is not corrected within thirty (30) days, the Village reserves the right to cause the vegetation to be pruned and to bill the owner for the cost of such work. B. Any limb of a tree growing on private property which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands. See. 9.506. Dutch Slit Disease Control. A. Definitions. whenever used herein, the following words have the following definitions: ELM BARK BEETLE: The European Elm Bark Beetle known scientifically as scolytus Multistratus, or the native elm bark beetle known scientifically as Hylurgopinus rufipes. DISEASED TREE: A tree infected With Dutch Elm Disease. DUTCH ELM DISEASE: A disease known sc-Lentifically as fungus Ceratocystis ulmi. Chapter 9, Article V Page 7 of 10 PREMISES: Any lot or tract of land within the Village not owned by the said village or dedicated for public use. TREE: Any tree of the genus IfUlmus" which includes any portions thereof, the stumps thereof, and any wood piles consisting of portions of any such tree. B. Nuisance Declared. Any tree found to be infected with Dutch Elm disease, located on any premises in the Village shall be declared to be a public nuisance and it shall be removed within ten (10) days following receipt of the notice for which provision is made herein. it shall be unlawful for any person that owns any premises on which a diseased tree is located, to allow such tree to remain on any such premises after the expiration of ten (10) days after receipt of notice pursuant to subsection E herein. C. Breeding Places of Elm Bark Beetles, Nuisance. Trees or parts thereof, in a dead or dying condition, including stumps and wood in wood piles, that may serve as a breeding place or places of the Elm Bark Beetle are hereby declared to be public nuisances. It shall be unlawful for any person that owns premises on which any such trees, parts thereof, stumps or wood piles, are located to permit the same to remain thereon after the expiration of ten (10) days after receipt of a notice to remove the same pursuant to subsection E herein. D. Enforcement and Inspection. The provisions of this Section shall be enforced by the Director of Public Works. The Director of Public Works or his duly authorized representative, is hereby authorized, after giving notice of his intent and purpose, to enter in or upon any premises in the Village, at all reasonable hours, for the purpose of inspecting such premises as he, or his duly authorized representative, has reasonable cause to believe may contain diseased trees or breeding places of the Elm Bark Beetle. The Director of Public Works, or his duly authorized representative, may remove from such trees such samples, borings or specimens as are required for the purpose of making a laboratory analysis to determine whether any tree located thereon is infected with Dutch Elm Disease or is a breeding place of the Elm Bark Beetle. it shall be unlawful for any person to prevent the Director of Public Works, or his duly authorized representative, from entering upon such premises for the purpose of carrying out his duties hereunder or to interfere with the Director of Public Works, or his duly authorized representative, in the performance of his lawful duties under the provisions of this Section. E. Notice. If any tree growing on any premises in the Village is found to be infected with Dutch Elm Disease, the Director of Public Works shall serve a notice upon the owner or occupant of the premises on which the said tree is growing to remove the said tree within ten (10) days. Such notice shall be served personally on, or sent by registered mail to, the person to whom was sent the tax bill for the general taxes for the last preceding year on the property on which the said infected tree Chapter 9, Article V Page 8 of 10 or trees are located. Such notice shall contain the following information: 1. The identity of the property, by common description; 2. The trees affected; 3. A notice that it is unlawful to permit such infected tree to remain on the property; 4. A request for the removal of the tree; and 5. A notice that if the tree is not removed within ten (10) days, the Village will make necessary arrangements to remove the same and charge the cost thereof to the owner or occupant of the premises. I 6. A notice that if the cost and expense incurred in the removal of such infected tree is not paid, then within sixty (60) days after the incurrence of such cost and expense a notice of lien on the real estate affected will be filed in the office of the Recorder of Deeds, or Registrar of Titles, whichever is applicable, of Cook County, Illinois. F. Abatement. If any person served with a notice to remove a diseased tree refuses or neglects to remove the said tree, within ten (10) days of the date that such notice is received, then the Director of Public Works, or his duly authorized representative, agents or contractors, may enter in or upon the premises where the said tree is located and remove the said tree. The cost and expense of such removal shall be charged to and paid by the owner or occupant of the lot or premises. G. Liens. If a diseased tree is removed by the Village, or by someone directed to remove the said tree on behalf of the village, a notice of lien containing the cost and expense of removal incurred by the Village may be recorded in the following manner: The Village, or the person or firm authorized by the Village to remove such tree in his or its own name, shall file a notice of lien in the office of the Recorder of Deeds of Cook County, Illinois, or where applicable, in the office of the Registrar of Titles of Cook County, Illinois. The lien notice shall consist of a sworn statement setting out: 1. A description of the real estate sufficient for identification. 2. The amount of the cost and expense incurred or payable for the service; and 3. The date or dates when such cost or expense was incurred by the Village. Such notice shall be filed within sixty (60) days after the cost and expense has been incurred. H. Release of Lien. Upon payment of the cost and expense by the owner or persons interested in the real estate affected, after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record in the same manner herein provided for the filing of a notice of lien. Chapter 9, Article v Page 9 of 10 I. Penalty. Any person violating any provision of this Section shall be fined not less than twenty five dollars ($25.00), nor more than two hundred dollars ($200.00) for each offense, and a separate offense shall be deemed to have been committed on each day during or on which a diseased tree is permitted to remain after thirty (30) days from receipt of notice. Sec. 9.507. Obstructions to Trees. A. Advertisements or Notices: it shall be unlawful to attach any sign, advertisement or notice to any tree in any street, parkway or other public place. B. Wires: It shall be unlawful to attach any wire or rope or other foreign object to any tree without permission of the Director of Public Works. Any person or company given the right to maintain poles and wires in the streets, alleys or other public places in the village shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees in such places so far as may be possible and shall keep all such trees properly trimmed and subject to the supervision of the Director of Public Works, so that no injury shall be done to the poles or wires and trees by contact. C. Gas Pipes: Any person maintaining any gas pipe in the village shall, in the absence of provision in the franchise concerning the subject, keep such pipes from leaks. Sec. 9.508. Excavations and Construction. In making excavations in streets or other public places, no digging will be allowed within five feet (51) of any tree, unless specific permission is granted otherwise by the Director of Public Works. In all such excavations, proper care shall be taken to avoid injury to the roots of any tree, wherever possible. During any type of construction work, the applicant shall place guards around all nearby trees to prevent injury to such trees, especially injury that may occur to oak trees because of disturbances within the drip line. sec. 9.509. Injury to Trees. It shall be unlawful to injure any tree planted in any such public place. sec. 9.510. Penalty. Any person violating any provision of this Article shall be fined not less than one dollar ($1.00) nor more than one hundred dollars ($100.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, any person who injures any tree planted in any such public place shall be held responsible for the cost of repairs, if in the opinion of the Director of Public Works, the injured tree will not die as a result of such injuries. In the case of unauthorized destruction or removal of such trees, the person committing the offense shall be responsible for the cost of removal and replacement of trees at the rate of one hundred Chapter 9, Article V Page 10 of 10 dollars ($100.00) per inch of trunk diameter. 11 SECTION TWO: That 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: PASSED and APPROVED this day of Gerald L. Parley Village President - ATTEST: Carol A. Fields Village Clerk , 1992. caf - 8/18/92 vwl - 8/26/92 oaf - 9/17/92 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE I ENTITLED "PURPOSE AND DEFINITIONS11 OF CHAPTER 11 (MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS) OF THE VILLAGE CODE OF XOPM PROSPECT WHEREAS, in order to provide a greater degree of safety for pedestrians, cyclists, and motorists in Mount Prospect the President and Board of Trustees of the Village of Mount Prospect have considered amendments to the Village Code to regulate "Sight Obstructions1l; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by adopting the following amendment to the village Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 11.102.B entitled "Rules and Definitions's of Chapter 11 of the Village Cade, as amended, is hereby further amended by adding thereto in proper alphabetical sequence the definition of #§Right -of -Way; so that hereinafter said Section 11.102.8 shall include the following: to RIGHT OF WAY: A strip of land acquired by or dedicated to the public and occupied or• intended to be occupied by a street, walkway, railroad, utility or other similar use. it SECTION TWO: That Section 11.102.E entitled O'Rules and Definitionsto of Chapter 11 of the village Code, as amended, is hereby further amended by amending the definition of I'Street1l; so that hereinafter said definition of "Street" shall be as follows: 'V STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A 11street*l includes the entire right-of-way and any improvements which may be located within the right of way. re SECTION THREE: That 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: PASSED and APPROVED this day of , 1992. t, Gerald L. Farley, village President ATTEST: Carol A. Fields, village Clerk caf - 8/20/92 vwl - 8/26/92 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 16 ENTITLED 11DEVELOPMENT CODE'$ OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, in order to provide a greater degree of safety for pedestrians, cyclists, and motorists in Mount Prospect the President and Board of Trustees of the Village of Mount Prospect have considered amendments to the Village Code to regulate '$Sight obstructions"; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the village would be served by adopting the following amendment to the Village Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 16.403.E of Article IV of Chapter 16 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting therefrom 16.403.B.7 entitled "Sight Trianglell in its entirety. SECTION TWO: That Section 16.408 entitled $'Landscaping+w of Chapter 16 of the Village Code, as amended, is hereby further amended by deleting said Section 16.408 in its entirety and substituting therefor the following; so that hereinafter said Section 16.408 of Chapter 16 shall be and read as follows: it Sec. 16.408. Landscaping. Any development or subdivision subject to the requirements of this Chapter shall provide landscaping on public rights of way adjacent to or within such development, as specified below. Landscaping required by this Chapter shall be a condition to the issuance of a certificate of occupancy for any improvements built on the subject property. Landscaping on private property shall be subject to the requirements of Chapter 15 (Landscaping Requirements). A. Requirements for Parkway Trees: Trees shall be planted in all parkways and shall be placed subject to the direction and approval of the Village. The Village shall be responsible for the purchasing and planting of all trees within and upon the public right of way. 1. Parkway trees shall be planted, forty feet (400) apart whenever possible, and shall have a minimum trunk diameter of two and one-half inches (2-1/211) measured at sic inches (61+) above ground level. 2. Planting Requirements: All trees planted within a public right of way shall comply with the requirements set forth in Chapter 9, Article V (Trees and Shrubs) of the Municipal Code. 3. Tree Planting by Village: The applicant shall, prior to final plat or development plan approval, Post with the Director of Finance a cash deposit or treasurer's or cashier's check payable to the Village in an amount equal to the number of trees required to be planted in the public parkway pursuant to this Section multiplied by the amount Chapter 16 Page 2 of charged by the Village to cover the cost of such trees, and any and all work connected with the guaranteed planting of such trees, and any and all work connected with the guaranteed planting of such trees as such amount is established from time to time by the Village Manager. The Village shall use such funds to plant trees in the parkway. 4. If deemed necessary by the Director of Public Works, this requirement may be satisfied if an equivalent number of trees of the same size or larger are planted in the front yards of all adjoining lots. 5. Should completion of the development extend beyond a one year period; the applicant shall be required to post additional funds to cover any increase in cost to plant the remaining trees. B. Existing Public Property Landscaping: 1. The Director of Public Works shall determine if existing trees in the public right-of-way shall be preserved or removed. Trees to be preserved shall be protected from injury as specified in Chapter 9, Article V (Trees and Shrubs). It shall be the responsibility of the applicant to remove the trees designated for removal, along with their stumps. 2. Where shrubbery or evergreen trees exist in the public right-of-way, the applicant shall be required to prune or remove the plantings as needed to comply with the planting requirements specified in Chapter 9, Article V (Trees and Shrubs). C. Areas to be Graded and Sodded: 1. All unpaved areas within the dedicated right of way shall be graded and sodded in an approved manner. Restoration work shall be performed to the satisfaction of the Director of Public Works. 2. All parkways shall be graded smooth and topped with at least four inches (411) of black dirt after compacting and removal of stumps, trees that cannot be saved, boulders and such. Such areas shall be sodded. 3. upon recommendation of the Director of Public Works, the President and Board of Trustees of the Village may require additional sodding of a lot to prevent soil erosion and blockage of drainage system. SECfi I9 THREE: That this ordinance shall be in full force and Chapter 16 Page 3 of 3 effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 1992. Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk cat - 8/3,8/92 vwl - 8/26/92 caf - 9/17/92 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 (LANDSCAPE REQUIREMENTS) OF THE VILLAGE CODE OF MOUNT PRO PE WHEREAS, in order to provide a greater degree of safety for both Pedestrians, cyclists, and motorists in Mount Prospect the President and Board of Trustees of the "Village of Mount Prospect have considered amendments to the village Code to regulate "Sight Obstructions'#; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the village would be served by adopting the following amendment to the village Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 15.201 entitled "'Definitions" of Chapter 15 of the village Code of Mount Prospect, as amended, is hereby further amended by amending the definition of "Sight Triangle"; so that hereinafter said definition of "Sight Triangle" and shall be and read as follows: Of SIGHT TRIANGLE: A triangular area at the intersection of two (2) streets or a street and a driveway, the hypotenuse of which establishes the minimum safe line of sight for a motorist, cyclist or pedestrian. of SECTION M: That Section 15.201 entitled "Definitions" of Chapter 15 of the village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence the definitions of "Lot of Record" and "Street''; so that hereinafter Section 15.201 shall include the following: " LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat of which has been recorded or registered with the appropriate county office, or the deed to which has been recorded or registered with the appropriate county office pursuant to chapter 109 (Plats Act) section 1.(b) of the Illinois Revised Statutes, and which is intended to be used, developed or built upon as a unit. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A "street" includes the entire right of way and any improvements which may be located within the right of way. to SECTION THREE: That Section 15.409 entitled "Berming" of Chapter 15 of the Village Code of Mount Prospect, as amended, is hereby further amended; so that hereinafter said Section 15.409 shall be and read as follows: to Sec. 15.409. Bereing. Earthen berms and existing topography shall, wherever practical, be incorporated into the landscape treatment of a site. Such berms must meet the requirements specified in Chapter 9, Article III." Chapter 15, Article IV Page 2 of 3 SECTION FOUR: That Section 15.417 entitled ,Sight Obstructions" of Chapter 15 of the Village Code of Mount Prospect, as amended, is hereby further amended; so that hereinafter said Section 15.417 shall be and read as follows: Sec. 15.417. Sight Obstructions. Not withstanding any other provisions of this Chapter, nothing shall be planted or permitted to grow within a sight triangle on either public or private property if the planting or growth limits the ability of motorists, cyclists or pedestrians to view another street or other motorists, cyclists or pedestrians. At the intersection of two streets, the legs of the triangle shall be measured along the curbs, or edges of pavement on streets with no curbs. The leg of a sight triangle along a street having a legal speed limit of less than 30 miles per hour shall be fifty-five feet (551). The leg of a sight triangle along a street having a legal speed limit of thirty miles per hour (30 MPH) or more shall be seventy-five feet (75'). At the intersection of a street and a driveway, the legs of the triangle shall be ten feet (101) along the edge of the driveway and twenty-five feet (2w) along the curb, or on a street with no curbs along the edge of the pavement. Within these triangles, the area from three feet (39) to six feet (61) above the top of curb, or edge of pavement on a street with no curbs, shall be kept free and clear of any obstructions. Single stemmed trees within sight triangles shall be considered to be obstructions only if their trunks as measured six inches (611) above ground exceed three inches (310) in diameter and their lowest branches are lower than six feet (61) above the top of curb or edge of pavement. '° SECTION FIVE: That Article V entitled "Right -of -Way Landscapingo' of Chapter 1S of the Village Code, as amended, is hereby further amended in its entirety; so that hereinafter said Article V of Chapter IS shall be and read as follows: IN ARTICLE V RIGHT-OF-WAY LANDSCAPING. SECTIONS: Sec. 15.501. Applicability Sec. 15.502. Street Trees Sec. 15.503. Graded and Sodded Sec. 15.501. Applicability. Where a parcel abuts a dedicated public right-of-way, plantings shall be provided within the provisions of this Article. Seo. 15.502. Street Trees. Trees shall be planted in all parkways and shall be placed subject to the direction and approval of the Village. The Village shall 1je responsible for the purchasing and planting of all trees within and upon the public right of way, as set forth in Chapter 16, Article IV. Of SECTION FIVE: That Section 15.902 entitled $#Protection of Existing Trees' of Chapter 15 of the Village Code of Mount Prospect, as amended, is hereby further amended by substituting the first two sentences in Section 15.902 with the following: we Sec. 15.902. Protection of 8xisting Trees. This Section provides standards for protection of trees on Chapter 15, Article Iv Page 3 of 3 private property. Chapter 9, Article V provides standards for protection of public property trees. The following materials are required for all development activity requiring site plan review. it SECTION SIX: That Section 15.902.F of Chapter 15 of the Village Code, as amended, is hereby further amended by deleting the following species 1113. Maidenhair Treell, 1114. Moraine Honey Locust$# and 1115. Christine Euisman Elm" and renumbering said Section 15.902.F accordingly. SECTION SEVEN: That Section 15.902.F.4 of Chapter 15 of the Village Code, as amended, is hereby further amended by adding the word "male#, behind the species I'Ginkgoll; so that hereinafter said Section 15.902.F.4 shall read as follows: it 4. Ginkgo (male) of SECTION EIGHT That 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: PASSED and APPROVED this day of , 1992. Gerald L. Farley ATTEST: Village President Carol A. Fields Village Clerk INTEROFFICE MEMORANDUM TO: Mayor Farley and Board of Trustees FROM: Lonnie H. Jackson, Fire Prevention Bureau DATE: June 8, 1992 SUBJECT: FIRE PREVENTION CODE UPDATE The Fire Prevention Bureau of the Fire Department is submitting the attached Fire Prevention Code for your review and approval. These Fire Prevention Codes are compatible with the 1990 BOCA Building Codes submitted by Inspection Services and with the present fire codes, which are current ordinances within the Village. The Fire Prevention Code is submitted as a separate chapter combining the existing Fire Alarm Code and Fire Works Code, into one unit for "user friendly" utilization by residents and contractors within the Village of Mount Prospect. Lonnie H. Jackson Deputy Chief LIT/sp Att. FIRE RE PREVENTION CODE CHAPTER 24 ARTICLE I SECTION: 24.100 Purpose 24.101 Adoption of Fire Prevention Code pection24.100 Purl2g�e. The purpose and the intent of this code is to prescribe minimum requirements and controls to safeguard life, property or public welfare from the hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises. Section 24.101 Adoption of Fire Prevention Code. The 1990 National Fire Codes and the BOCA National Fire Prevention Code, Eighth Edition, 1990, as published by the Building Officials and Code Administrators International, Inc. is hereby adopted as the Fire Prevention Code of the Village of Mount Prospect, in the State of Illinois; for the control of buildings and structures as herein provided; and each and all of the regulations, provision, penalties, conditions and terms of said BOCA National Fire Prevention Code. A. While the 1990 Edition of the BOCA National Fire Prevention Code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever the said exceptions are applicable or are in conflict with certain other provisions of the said BOCA National Fire Prevention Code. 1. Amend Section F-100.1 of Article 1 as follows: a. Insert "Village of Mount Prospect" as (name of jurisdiction) 2. Amend Subsection F-103.4.1 of Article 1 as follows: Clete the wording in the text and change to ;-Ead as follows: The code official shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly, The Village President, the Chief of the Fire Department and the Director of the Bureau of Fire Prevention shall art as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code. The Chief of the Fire Department shall post such list in a censvicuous dace,and distribute copies thereof to interested persons. If it is determined that the evidence submitted to the committee is satisfactory proof of performance for the use intended, the code official shall approve the use of such alternative subject to the requirements of this code. The costs of all tests, reports, and investigations required under these provisions shall be paid by the applicant. 3. Amend Section F-104.1 of Article I as,follows: a. Add new sentence to the end of text to read as follows: The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention of the Mount Prospect Fire Department. This Bureau is hereby established and shall be operated under the supervision of the Chief of the Fire Department. 4. Amend Section F-104-2 of Article I as follows: a. Add new sentence to the end of text to read as follows: 2 The Director shall be in charge of the Bureau of Fir ,-- ;�Pt—rtfion, which. Bureau shall consl*b,.' ol Deputy Chief and other such members to be appointed by the Chief of the Fire Department. 5. Amend Section F-104.3 of Article I as follows: a. Change the wording "code official" to read "Chief of the Fire Department" b. Change the wording "al2gointing authorit to read corporate authorities of the Village of Mount Prospect. 6. Amend Section F-104.4 of Article I as follows: a. Change the wording "code official" to read "Chief of the Fire Department" 7. Amend Section F-111.2 of Article I as follows: a. Add wording to end of text as follows: "Penalty fines shall be not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. 8. Amend Section F-112.1 of Article I as follows: a. Change in the text "20 days" "to read "30 days". 9. Amend Section F-112.2 of Article I as follows: a. Delete the text in its entirety and replace with new text to read. as follows: The board of appeals shall consist of the President and Board of Trustees for the Village of Mount Prospect. 10. Amend Section F-112.6 of Article I as follows: 3 a. Change the wording "three members" to read "four meMberq", 11. Amend Section F-201 of Article 2 Definitions as follows: a. Add the following definition to the code: Bulk Plant or Term whe-re flammable or combustible liquids, o liauefied petroleum vas Stora f-000 �7. _Mcu.� water ca a ttyor more) Czrg received by tank vesgel, pjVelina, tarty,.car, or tank vehicle, and, are stored or blended in bulk for tALXRtRW such liquids by tank vesid.-p-igg—tine , tank car, tank vehicle. =table tank, or_c�ntain �r, 12. Amend Section F-312-3 of Article HI as follows: a. Add exception to this, section to read as follows: Exception: In theaters and places of assembly where natural or artificial illumination is insufficient, the "No Smoking" signs shall be internally illuminated. 13. Amend Section F-313.1 of Article III as follows: a. Delete the text in its entirety to read as follows: The code official shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus. Fire lanes shall have a minimum width of twenty feet (20') (6096 mm) and :;hall conform with the specifications of the Village of Mount Prospect, All premises that the Fire Department may be called upon to protect in case of fire and that are not readily accessible from public roads shall be provided with suitable gates, access roads, and fire lanes so that one side of all buildings on the premises is accessible to fire apparatus. Fire lanes shall beprovided for all buildings when any part of 4 said building is set back more than 150 ft (45.75 m) from a public road or exceed 30 ft (9'a m) in height and are set back over 50 ft "115.::5 m) from a public road. Fire lanes shall be at least 20 feet (6.1 m) in width with the road edge closest to the building at least 10 ft. (3.05 m) from the building. any dead-end road more than 500 ft (183 m) long shall be provided with a turn- around at the closed end at least 100 ft in diameter. 14. Add new Subsection F-401.4.1 of Article IV as follows: F-401.4.1 Existing multi -family occupancies: Doors between apartments and corridors shall be self- closing. The self-closing device shall be of an approved type. 14a. F-510.2 Amend 75 ft. height to 35 ft. height. 15. Add new Section F-516.5 of Article V as follows: F-516.5 Color: All new and existing fire department connections shall be painted bright red and maintained in this condition by the building owner throughout the life of the system. Exception: Chrome plated or highly polished brass. 16. Add new Section F-516.6 of Article V as follows: F-516.6 Strobe/Bell: All new and existing fire department connections shall have a white strobe light and audible horn/bell located above the fire department connection. The audible and visual shall operate upon activation of flow alarm. The type and location of strobe and audible shall be approved by the fire official. 17. Amend Section F-517.2 Where required: of Article V as follows: a. Delete paragraph 1. in its text entirety to read 5 as follows: In all buildings. 18. Delete Section F-604.1 of Article VI and change its text to read as follows: F-604.1 Exit signs: All existing and new buildings, rooms or spaces required to have more than one exit or exit access, all required means of egress shall be indicated with approved signs reading "Exit," visible from the exit access corridors indicating the direction and way of egress. All "Exit" signs shall be located at exit doors or exit access areas, so as to be readily visible. Sign placement shall be such that any point in the exit access shall not be more than 100 feet (30480 mm) from the nearest visible sign. , Exceptions: 1. "Exit" signs are not required in sleeping room areas in buildings of Use Group 1-3. 2. Main exterior exit doors which are obviously and clearly identifiable as exits are not required to have "Exit" signs when approved. 19. Add new Subsection F-604.1.1 of Article VI as follows: F-604.1.1 Size and Color: "Exit" signs shall have letters at least 6 inches (152 mm) high and the minimum width of each stroke shall be 314 inch (19 mm) on a white background or in other approved distinguishable colors. The word "Exit" shall have letters having a width of not less than 2 inches (51 mm) except that the letter "I" and the minimum spacing between letters stall not be less than 318 inch (10 mm). Signs larger than the minimum size herein required shall have letter widths and spacing in the same proportions to the height as indicated in this section. If an arrow is provided as part of an "Exit" sign, the construction shall be such that the arrow direction cannot be readily changed. A The word "Exit" shall be clearly discernible when the sign illumination means is not energized. 20. Add new Subsection F-604.1.2 of Article VI as follows: F-604.1.2 Illumination:. Each sign shall be illuminated by a source providing not less than 5 footcandles (5182 lux) at the illuminated surface and shall have a contrast ratio of not less than 0.5. Exception: Approved self -luminous signs which provide evenly illuminated letters shall have a minimum luminance of 0.06 foot lamberts (0.21 cd/m2). 21. Add new Subsection F-604.1.3 of Article VI as follows: F-604.13 Power source: All "Exit" signs shall be illuminated at all times when the building is occupied. To assure continued illumination for a duration of not less than I hour in case of primary power loss, the "Exit" signs shall be connected to an emergency electrical system that complies with NFPA 70 Article 700 listed in Appendix A. 22. Add new Subsection F-20800.4.1 of Articles XXV111 as follows: F-2800.4.1 Permit fees: The following permit and inspection fees shall accompany all applications; 1. The fee for installation of combustible or flammable liquid tanks that exceeds 660 gallons is $75-00. 23. Add new Section F-2805.5 of Article XXVIII as follows: F-2805.5 Tanks prohibited: Storage of flammable liquids in outside above -ground tanks are hereby prohibited. New bulk plants for flammable or combustible liquids storage are hereby prohibited. F9 24. Add new section F-2808.5 of Article XXVIII as follows: F-2808.5 Loading rack protection: All new and existing loading racks for the transfer and/or loading of flammable/combustible liquid shall be equipped with an automatic Aqueous Film Foaming fire suppression system. The system shall be supervised in accordance with Section 1020.0 of the BOCA Building Code and designed in accordance with NFPA 16 both listed in Appendix A, If more than 10% of Ethanol is contained in the fuel or if other polar ;solvents are handled, an alcohol resistant Aqueous Film Forming Film shall be used. activation of the system shall be by ultraviolet flame detectcrs, In addition to the detectors, provide a minimum of one (1) manual fire pull station located at both ends of the loading rack and one (1) manual pull station by the main exterior office doorway, 25. Add new Section F-2801 12 of Article XXVIII as follows: F-2801.12 Loading rack groundinglbonding.- All new and existing loading racks for the transfer andlor loading of flarntrablelcombustible liquids shall be equipped with an active grounding1bonding system, Such system shall require the physical contact of all components to the grou nding1bon ding system before any transfer or loading of product can be accomplished. They system shall be designed with a failsafe feature to stop the transfer or loadinS, of product in the event groundinglbonding is interrupted, 26. Add new Section F-3002.3 of Article XXX as follows: F-3002.3 Tanks prohibited: New bulk plants for the storage of liquefied pet•oleum gas is hereby prohibited. 27. Add new Section F-3004.5 of Article XXX. as follows: F-3004.5 Fixed storage tank protection: All new and existing liquefied petroleum gas distribution facility with storage tanks, having a water capacity in excess of 1,000 gallons, shall be equipped with an automatic fixed water spray system. The water' spray system shall be designed and installed in accordance with NFPA 15 listed in Appendix A. The system shall be capable of operating automatically and by activation of manual pull stations. 28. Add new Section F-3004.6 of Article XXX as follow: F-3004.6 Loading rack groundinglbonding: All new and existing loading racks for liquefied petroleum gas shall be equipped with an active grounding/bonding system. Such system shall require the physical contact of all components to the grounding/banding system before any transfer or loading of liquefied petroleum gas can be accomplished the system shall be designed with a failsafe feature to stop the transfer or loading of liquefied petroleum gas in the event grounding/bonding system is interrupted. FIRE PREVENTION CODE. - CHAPTER 24 Section 24.201 Automatic Detection and/or Extinguishment of Fire. A. Authority is hereby conferred upon the Chief of the Fire Department to adopt and promulgate rules based upon the standards of any nationally recognized organization embodying details for the installation and construction of automatic sprinkler equipment and/or automatic fire detection equipment in such instances where, based upon the standards contained herein, any building or part thereof, because of its size, construction, occupancy or lack of suitable protective equipment, shall be deemed by the said Fire Chief or his duly authorized agent to constitute a special fire hazard to life or property . or an excessive burden upon the fire extinguishing facilities of the Fire Department. B. All automatic sprinkler equipment specified herein shall be inspected at least once a year as is specified hereinbelow, and at all times maintained in proper operative condition by the owner or occupant of such building. The occupant(s) of such buildings containing such equipment shall promptly notify the Fire Prevention Bureau of the Fire Department in case such sprinkler system or any other equipment specified lerein is withdrawn from such building, or the use of such equipment therein is interrupted, curtailed or altered. C. It shall be the responsibility of the owners of all buildings having interior fire alarm and suppression systems both existing and those which are to be constructed, to provide for the continuous main,:enance of such systems through no less than an annual inspection and testir.g of the systems. Proof of each annual inspection and testing of the fire alarm and suppression systems shall be provided to the Fire Prevention Bureau upon completion of such test. Section 24.202 Storage and Location of Certain Matter. A. Storage of flammable liquids in outside aboveground tanks referred to in Section F-2800 of the Fire Prevention code is hereby prohibited. 10 B. New bulk plants for flammable or combustible liquids are hereby prohibited. ts-aik storage of liquified petroleum gas referred to in Section F-2400 of the Fire Prevention code is hereby prohibited. Section 24.203 Modifications. The Bureau of Fire Prevention shall have power to modify any of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Bureau of Fire Prevention shall be entered upon the records of the Department and signed copy shall be furnished the applicant. 7 Section 24.204 New Materials, Processes or Occupancies Which May Reguire Permits. The Village President, the Chief of the Fire Department and the Director of the Bureau of Fire Prevention shall act as a committee to determine an ' d specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code. The Chief of the Fire Department shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 24.205 Appeals. 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 do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may 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 appeal. Thereupon the said President and 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. It shall be unlawful to construct, install or enlarge any tank, pump or piping equipment for the storage or handling of flammable or :'volatile liquids without having first obtained a permit therefor. Application for such permits 11 shall be made to the Bureau of Fire Prevention, and shall be accompanied by a drawin, t,_. showing the location as well as plans showing the type and nature or ;,Istallation or alteration. Approval. No such permit shall be issued until the Deputy Chief of the Fire Prevention Bureau has certified that the contemplated work fully complies with the ordinances of the Village. For installation of fuel oil tanks having a capacity of more than 2,000 gallons and less than 20,000 gallon -- $75.00. For installation of fuel oil tanks having a capacity of 20,000 gallons or more -- $75.00. For installation of tanks for storage of gasoline having a capacity of 1,000 or over -- $75.00. For installation of tanks for storage of gasoline having a capacity of less than 10,000 gallons -- $75.00. Section 24.207 Fire Lanes, A. Whenever any of the officers, members or inspectors of the Fire Department - or Fire Prevention Bureau shall find that, in order to prevent or eliminate a dangerous or hazardous condition on any premises, a fire lane is required to provide access to buildings, or structures or fire hydrants for firefighting vehicles or equipment, the Director of the Fire Prevention, Bureau shall designate such fire lane or lanes as may be necessary to eliminate such dangerous or hazardous condition. B. Fire lanes designated as provided in Section 18.2014 shall be posted with signs identifying the location of such fire lane or lanes, C. It shall be unlawful for any person to block or obstruct, wholly or partly, any duly designated and posted fire lane. D. Any person convicted of a violation of Section 4 shall be fine'd not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($300.00) for each offense. Section 24,208 Definitions, Whenever the word "Municipality" is used in this Article, it shall be construed to refer to the Village of Mount Prospect. 12 Section 24.209 P_enalties, refer to Section F-111.3 of the BOCA Basic Fire Prevention Cocie/1990 and the dollar amount for fines shall be not" le'ss'than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. Section 24.210 Obstructing Fire Lanes., A. Whenever fire lanes are designated as provided in Section 18.2014 it shall be unlawful for any person to block or obstruct, wholly or partly, any duly designated and posted fire lane described in Schedule XIV of the Appendix to Chapter 18. B. Any person convicted of a violation of this Section shall be fined no less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, plus costs. 13 FIRE i,,,1.,.,vENTION CODE CHAPTER 24 ARTICLE III SECTION: 24-301 Definitions 24.302 Discharge of Fireworks; Permits 24.303 Application, form 24.304 Conduct of Display 24.305 Qualifications of Operators 24.306 Nitroglycerine, T.N.T. 24-307 Penalty Section 24.301 Definitions. FIREWORKS: Shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive substance, except that the term "fireworks" shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models and shall not include toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper caps are used; any toy paper caps manufactured as provided aforesaid, the sale and use of which toys and caps shall be permitted at all times. CHIEF OR FIRE CHIEF: The Chief of the Mount Prospect Fire Department or his 14 duly authorized representative. FIRE DEPARTMENT: The Mount, Prospect rir,� Department. PERMITTEE: Shall mean and include any person, firm or corporation and/or agent or employee of such person, firm or corporation who has been issued a permit for supervised displays of fireworks in the Village of Mount Prospect under the terms of this Article. Section 24.302 Discharee of Fireworks; Permits. A. Except as hereinafter provided, no person, firm, copartnership or corporation. Shall offer for sale expose for sale, sell at retail, keep with intent to sell at retail, use or explode any fireworks, provided that the Fire Chief may issue permits for supervised displays of fireworks in the Village by fair associations, shopping centers and other organizations or groups of individuals. 1. Such permits may be granted upon application to said Fire Chief after his approval based upon regulations contained herein, and the filling of a bond by the applicant as provided hereinafter. 2. Every such display shall be handled by a competent operator, and shall be of such composition, character and so located, discharged or fired as in the opinion of the Fire Chief shall not constitute a hazard to property or endanger any person or persons. 3. The applicant shall post with the Treasurer of the Village a cash bond in the sum of one thousand dollars ($1,000.00), conditioned on compliance with the provisions of the regulations adopted hereunder. 4. Before any permit for a pyrotechnic display shall be issued, the person making application therefor shall furnish a certificate of insurance, which will include coverage of the Village and the Fire Chief and his agents, in an amount of one hundred thousand dollars ($100,000.00) for any one person and five hundred thousand dollars ($500,000.00) for any one accident and twenty five thousand dollars ($25,000.00) for property damage; which certificate shall be filed with the Treasurer of the Village. B. Pursuant to such permit having been granted, possession, use and distribution of fireworks for such display shall be lawful for that purpose only; and no permit granted hereunder shall be transferable. 15 C. The Fire Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks or combust*'-.; -4cred or exposed for sale, stored or held in violation of this Article. Section 24.303 Application, Form. A. Application for permit to operate a display of fireworks in conforma- -e with the terms of this. Article shall be made in writing on forms provides-. oy the Chief of the Mount Prospect Fire Department. B. Such application shall set forth: 1. The name of the organization sponsoring the display, together with the names of persons actually in charge of the firing of the display. 2. Evidence of financial responsibility. 3. The date and time of day at which the display is to be held. 4. The exact location planned for the display. 5. A description setting forth the age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 6. The number and kinds of fireworks to be discharged. 7. The manner and place of storage of such fireworks prior to the display. 8. A diagram of the grounds on which the display is to be held showing - the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone Lnes or other overhead obstructions. Section 24.304 Conduct of Display. A. No permit shall be granted for any display of fireworks where the discharge, failure to fire, faulty firing or fallout of any fireworks or other objects would endanger persons, buildings, structures, forests cr brush, nor in any case where the point at which the fireworks are to be fired is less than two hundred feet (200') from the nearest permanent building, public highway, railroad or other means of travel or fifty feet (50') from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction. 1. All physical arrangements for firing and storage must be approved by the Fire Chief. 2. In no case shall a d ' isplay be fired within five hundred feet (300') of a school, church, hospital, or similar institution. 16 B. Spectators at a display of fireworks shall be restrained behind lines or barriers as designated by the Fire Department, but in no case less tl.an t,�vo hundred feet (200') from the point at which the fireworks are to berdlsc}iarged. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation or firing of fireworks. C. All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible in a vertical direction, provided that they may be directed in such a manner that the falling residue from the deflagration will fall into a lake or other large body of water where such fireworks are to be fired beside the said body of water. Furthermore, no firing tube or tubes shall be utilized in rapid succession or in any other manner so as to cause overheating or instability of such tube or tubes. D. No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than twenty (20) miles per hour. E. All fireworks articles and items at places od display shall be stored in a manner and in a place secure from fire, accidental discharge and theft and in a manner approved by the Fire Chief. F. Fire protection and extinguishing equipment shall be provided as required by the Fire Chief. G. The person to whom a permit has been issued shall arrange for the detailing of a fire guard consisting of one member of the Fire Department or such larger number of members as may be deemed necessary by the Fire Chief. 1. The Fire Chief may require such fire guard to be at the site as soon as the fireworks are delivered to the site and such fire guard may be required to remain at such site by the said Fire Chief until after the conclusion of the display and removal of all remaining fireworks and/or debris from the said site. 2. The expense for such fire guard shall be paid by the permittee. H. There shall be at all times no fewer than two (2) operators of the display constantly on duty during the discharge. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or removed in a manner which is safe for the particular type of fireworks. 1. The debris from the discharged fireworks shall be properly disposed of 17 by the operator before he leaves the premises. 2. The operator, upon the conclusion of the display; shall complete and thorough search for any unfired fireworks c,, pikes which have failed to fire or function and sha.'l dispose of them in a safe manner. Such search shall be instituted at the earliest possible time following the conclusion of the display, but in no ev-2nt later than the first (2) hours of daylight which follow. Upon failure of a permittee to comply with any regulation contained in this Section 23.1304, the Fire Chief and/or the fire guard at the scene are hereby authorized to seize, take, remove or cause to be removed all or any stock of fireworks or combustibles and/or to terminate any display upon observing such violation. Section 24.305 ualifications of QRerators. The person in actual charge of firing of the fireworks in a display, as well as his assistant, shall be able- bodied, at least twenty-one (21) years of age, capable of reading, writing, speaking, understanding the English language and otherwise competent for the task. ' Section 24.306 Nitroglycerine, T.N.T. It shall be unlawful to keep or store any, nitroglycerine or the explosive commonly known as T.N.T. in the Village in any quantities, excepting for medicinal or laboratory purposes and for such purpose no more than one- quarter (1/4) of a pound shall be stored in any one building or premises. Section 24.307 Penalty. Any person violating the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and each day such violation continues or occurs shall be deemed a separate violation. - 18 FIRE PREVENTION CODE s. , CHAPTER 24 ARTICLE IV Section 24.401 Deactivation of Fire Supi2ression /Fire Alarm 5ystems. It shall be unlawful for any property owner or occupant of the property to disconnect, deactivate, and/or remove any automatic sprinkler or other fire suppression system or remove any fire alarm system from service without first having given written notification and received written approval of the Fire Chief or his designated representative. In the event it is determined by a fully designated representative of the Fire Chief, in face to face situation, that the system deactivation or removal from service is necessary, a written confirmation shall be submitted by the property owner or occupant to the Fire Chief within 24 -hours of such deactivation or removal from service. Any person, firm, or corporation found to wilfully cause the deactivation of a fire suppression or fire alarm system without the approval of the Fire Chief or his designated representative shall be fined Five Hundred Dollars ($500.00) for each offense and each day that such violation continues shall be considered a separate offense. A. False alarms shall be defined as set forth in Section 24.402 of this Village Code. B. If the Mount Prospect Fire Department responds to more re than five (3) false alarms or system malfunctions within a calendar year to the same premises, the property owner or occupant shall pay the Village the following amounts within thirty (30) days after the response for which the charge is made: 6th false response: $100.00 7th false response: $200.00 19 8th false response: $300-00 9th false response: $400.00 10th or subsequent false response $500.00 per response C. Within five (5) working days after the Mount Prospect Fire Department responds to a false alarm, the Fire Department shall cause written notification to be given to the property owner, occupant that a false alarm has been charged to the property. In the event that this incident is in excess of the permitted five (5) false alarms within a calendar year, the property owner shall be billed the appropriate amount, as set forth in paragraph 3 of this Section. D. Within fifteen (15) days after the alarm, the property owner or occupant may file with the Fire Chief a written request to reconsider whether such alarm was avoidable. Such request shall include all facts upon which the property owner or occupant bases his opinion. E. Within ten (10) days after receipt of a written request for reconsideration, the Fire Chief -or his designated representative shall determine whether or not the alarm shall be classified as a false alarm and then notify in writing the property owner or occupant of his decision. If it is the determination of the Fire Chief that the alarm shall be classified as a false alarm, the Fire Chief shall notify the property owner, in writing, of his decision and the appropriate charge, as set forth in paragraph B of this Section, shall be paid in full within thirty (30) days following such notification. Q�ftnffions. For the purpose of this Article, the following words and terms shall have the following meaning: ALARM SYSTEM: Any device installed for the purpose of alerting others to a fire emergency. AUTOMATIC A telephone device or telephone attachment which TELEPHONE automatically relays a prerecorded message to report ALARM: a fire emergency by means of a telephone line which terminates upon a central switchboard. FALSE ALARM: An alarm system activated by any one or more of the following causes: A. - Mechanical failure; we B. Malfunction of the alarm system; C. Improper installation or maintenance of the alarm system; D. Wilful or negligent act of a person; E. Any other cause not related to a fire emergency; provided, however, that any alarm activated by natural causes including, but not limited to, tornadoes and severe windstorms, or by malicious acts of persons not under the direction or control of the property owner or occupant shall not be considered a false alarm." MUNICIPALITY: Whenever the word "Municipality" is used in this Article, it shall be construed to refer to the Village of Mount Prospect. Pen2lties. Unless specified elsewhere in this Article, the penalty for violating the provisions of this Article shall be not less than twenty-five dollars ($25,00) nor more than five hundred dollars ($500.00) for each offense." Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 21 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO Michael Janonis, Village Manager FROM: Chuck Bencic, Inspection Services Director DATE: September 17, 1992 RE: 1990 BOCA BUILDING CODES The Village Board requested a comparison of the benefits of constructing a building with fire sprinkler system vs. a nonsprinklered building: The comparison was requested for both new construction and existing buildings. In new construction each use group such as high rise or institutional has special regulations if sprinklers are installed. For instance on high rise buildings, shaft walls can be reduced from two (2) Hour ratings to one (1) Hour. In institutional buildings a automatic fire detection system is not required in corridors if the building is sprinklered. The main benefits of installing sprinklers which affect most use groups are: 1) Area increase of 2008 2) Height increase of 201 or one story 3) Fire rating of separation walls can usually be reduced by one hour 4) Length of exit access can be increased from 501 to 1001 5) Reduced insurance cost For existing buildings fire sprinklers would be required when: 1) Additions, repairs or remodeling in excess of 50 percent of the value of the building, or 2) When value of repairs, addition or remodeling exceed $25,000 or 3) When change of use results in. a greater hazard to public safety or welfare according to the Building official or Fire Official. TO Michael Janonis, Village Manager FROM: Chuck Bencic, Inspection Services Director DATE: September 17, 1992 RE: 1990 BOCA BUILDING CODES Page 2 Benefits of installing sprinklers would be: 1) Increase of travel distances for exits 2) Lower separation wall fire ratings 3) Reduced insurance costs As mentioned previously, there may be other benefits associated with a particular use group. Chuck Bencic CB: rm cc: File MOUNT PROSPECT FIRE DEPARTMENT FIRE PREVENTION BUREAU 1601 WEST GOLF RD. MOUNT PROSPECT, ILLINOIS 60056 TELEPHONE: 437-0934 EDWARD M. CAVELLO SMOKE DETECTORS FIRE CHIEF SAVE LIVES - WILL YOUR DETECTOR LONNIE H. JACKSON WORK WHEN YOU DEPUTY CHIEF NEED IT? DIRECTOR CHECK IT WEEKLY September 16, 1992 Chuck Bencic, Director of Inspection Services Regarding: Reply to letter of Craig T. Conety, VP Construction OPUS North Corporation Dear Chuck: In reply to Mr. Craig T. Conety's letter of August 7, 1992 regarding his "proposed' Building Code Revisions submitted for consideration: Section 502.2 Suggested clarification "Fire lanes shall only be required to access areas of a building that are served by fire hydrants." This is not acceptable as there are many fire lanes established that have no hydrants and fire lanes are necessary to leave access for fire apparatus to move close to buildings as well as drop the necessary hose lines to provide needed fire streams. This proposal would eliminate the main need of a designated fire lane. 'The fire lane requirements may be met through the use of existing pavements on adjacent parcels as long as fences, berms or other construction improvements will not hinder firefighting efforts," This is an existing practice and consideration of the Fire Department. It has not been spelled out by ordinances because of the agreements of two adjacent parcels owners not to install fences, berms and other barriers to firefighting efforts. Wherever practical and agreeable to both parties concerned, adjacent drives, roads, and access has been allowed. Section 1020.1 Fire Suppression Systems, "A temporary certificate of occupancy may be issued for partial building beneficial occupancy if an automatic fire suppression system serving that partial area is operational." The 1990 codes allow a temporary occupancy permit for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided that such portion or portions will be occupied safely prior to full completion of the building or structure without endangering life or public welfare. This has been the practice of the Village to allow partial use provided the sprinkler system is installed throughout the building to protect life and property in all spaces of the building. The Fire Department recommends the continued practice of allowing temporary occupancy provided the sprinkler system is installed and active throughout the building to protect all concerned in the building. Section 602.1 High Rise Construction. "Change 75 feet to read 45 feet, as the defining - height for high rise construction." The definition for "high rise" buildings Is in the present Village Code Section 21.106 which sets the limit at c)ntaining four stories or more and contains all of the provisions now codified in the 1990 BOCA Building Code. The limitation, or height requirement is set at 35' as that is a workable height our ladder truck can operate at due to lane distance to building and reach of the ladder. Lonnie . Jackson Deputy Chief LHj/sp CC. File VIII890 Of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Mayor and Trustees Village Manager Department Directors FROM: Director Inspection Services DATE: 6-17-92 RE: ADDENDUM TO BUILDING CODE R19VISIONS Upon review of the Building Code revisions the Police Department has requested a section be added to the Property Maintenance Code concerning removal of graffiti. Therefore along with the previous proposals for revisions to the building code submitted for review we propose the following: Add Sec. 21:1306 F - Owners Responsibility for Removal of Graffiti 1) For the.purposes of this section the term "Graffiti" shall mean the inscription or marking of any wall, fence, sign, sidewalk, pavement, post, stone, tree or other natural object, or any other public or private structure or building by carving, the application of paint, or other substance, or by any other means, other than as permitted by the ordinance of the Village of Mount Prospect. 2) It is unlawful for the owner of any real property upon which graffiti is placed to fail to remove, cover or otherwise eradicate such graffiti within thirty (30), days.of receipt of a notice to remove graffiti by the Village of Mount Prospect. Chuck Bencic CB: rm cc: File V111aGe of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Mayor and Board of Trustees Charles Bencic, Inspection Services Director L—j- June 2, 1992 BUILDING CODE UPDATE �-'14 The Inspection Services Department is submitting the attached building code for your review and approval. Currently the Village has adopted the 1984 BOCA Building, mechanical and Plumbing Codes along with the 1983 CABO for One and Two Family Structures and the 1984 National Electrical Code. The codes we are recommending to you are the 1996 BOCA Building code with the- 1992 Supplements, the 1990 BOCA Mechanical Code, Illinois State Plumbing Code, 1989 CABO - One and Two Family Dwelling Code and the 1990 National Electrical Code. As with our current code, these National Building Codes will be modified by certain deletions and amendments to meet our local conditions. Along with a copy of the proposed Building Codes there is attached a copy of the comparison of the 1984 BOCA Codes to the 1990 BOCA Codes done by Kelly Reynolds & Associates. On the following pages I will try to list and explain the significant changes we, are proposing to the BOCA Codes and from the 1984 Codes. I hope to be able to discuss the proposed building code at a Committee of the Whole Meeting in the near future. SIGNIFICANT REVISIONS TO THE 1990 BOCA CODES: A) Article I - Section 21.103 (Revisions to BOCA Building Codes) 1) Section 119.6 (1992 Supplement) - This section specifies information to be included on the Certificate of Occupancy (C.O.). We have our own provisions in the code for issuance of C.O. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Direztor DATE, June 2, 1992 RE: BUILDING CODE UPDATE Page 2 2) Section 123. This section creates a "Board of Survey" to review an order to take down a unsafe building. Our code provides for the village manager to appoint an "Enforcement officer" who will hold a hearing on a order designating a building as unsafe or unfit for occupancy. 3) Section 124.1 to 124.7 - Creates a "Board of Appeal" to allow an appeal for modification to the building codes. our code provides these appeals go to the Village Manager-. 4) New Subsection 306.1.2 - Section :306 deals with Use Group H - High Hazard Uses. There is no regulation covering the location of this type of use relative to other uses. The Fire Prevention Bureau requests we include a regulation for a 1000 foot separation from a building classified as Use Group H and buildings in the Use Groups A (Assembly), I (Institutional) and R (Residential). 5) Section 309.4 (1992 Supplement) - Delete Exceptions, these "Exceptions" delete the requirement of a 2 Hour rated separation wall in multifam:-Iy residential building when automatic sprinklers are provided. It is the recommendation of the Fire Prevention Bureau that all separation walls between multifam:-ly residential units have a 2 Hour rating. 6) section 313.1.2 - This section deals with the fire resistance rating of walls between different.use groups in a building. It allows for the reduction of 1 Hour'in the required fire ratings to a minimum of a 1 Hour rating if a automatic sprinkler system is installed. We propose to allow the I Hour reduction when sprinklers are ' installed but to require a minimum of 2 Hour rating. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 3 7) Section 301.1.1 (1992 Supplement) - indicates the type of protection required for walls between "Specific Use Areas" such as: Paint rooms, boiler rooms and soiled linen rooms. The code gives an alternate of rated walls or sprinkler systems with a reduced rating for the walls. Since these "Special use Areas" are a higher hazard than the adjacent uses we are recommending automatic sprinklers be required. 8) Section 502.2 - This section mainly deals with area modification, i.e., allowable area of a building. It also makes reference to fire lanes and therefore we have added our specifications for fire lanes. 9) Section 511.1 - Revised to conform with previous change in Section 124. - 10) Section 513 - Refers to "Historic Buildings & Structures" and indicates the BOCA Code shall not be mandatory with certain conditions. We recommend that the 1990 NFPA Life Safety Code be added as a requirement. 11) Section 602.1 (1992 Supplement) - section 602 deals with High -Rise Building and 602.1 defines a high-rise as a building with human occupancy located more than 75-' above fire department vehicle access. The Fire Department requests lowering this elevation to 351. 12) Section 602.3 - This "exception" deletes open parking areas from the sprinkler system requirements. The Fire Department recommends sprinkler systems be required. 13) Section 607.2.1 - Fire Department requests this section be added to require sprinkler systems in open parking structures. 14) Section 608.1 (1992 Supplement) - Requires garages beneath habitable rooms have 1 Hour separation on floor/ceiling assemblies. We recommend a 2 Hour separation. 15) Section 608.2 (1992 Supplement) - Requires garages adjacent to rooms have a minimum 1/2" gypsum on garage side. We recommend 5/8" class X gypsum. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 4 16) Section 608.3 (1992 Supplement) - Requires a 4" sill between garages and adjacent interior spaces. our current code requires a 6" sill and we recommend leaving it at 611. 17) Section 608.4 - Requires a 1-3/4" solid core wood door between garages and interior spaces. We recommend specifying a 1-1/2 Hour fire door assembly. 18) Section 608.3 - requires 1 Hour fire resistance construction for the means of egress when living quarters are above a garage. We recommend a 2 Hour rating. 19) Section 609.2.1 - Items 1, 2, 3 and 4, set limits on when sprinkler systems are required. Fire Department recommends these limits be removed and all public garages be required to have sprinklers. 20) Section 615.5 - Refers to sprinkler systems for stages and platforms. Sets 500 square feet as a minimum for which sprinkler systems are needed and also exempts certain areas of stages from sprir;klers. 'Fire Department requests all stage and platform areas have sprinkler systems. 21) Section 618.6.1 - Section refers to venting devices which relieve pressure resulting from, explosions. The Fire Department has requested the clearance dimensions for these venting devices be increased from 20' to 1001 horizontally and from 10' to 251 vertically. We have also added a section on warning signs around the devices. 22.) Sections 618.6.4 through 618.6.6 a.re new sections requested by Fire Prevention Bureau for protection of venting or explosion panels. 23) Sections 618.8.6 and 618.8.7 are additional safety requirements requested by Fire Department for liquefied petroleum gas distribution facilities. 24) Sections 619.4 and 619.5 are new E.ections requested by Fire Department for safety arot.nd flammable and combustible materials. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 5 25) Section 624.1 - Stipulates that provisions of this section covering temporary structures (tents, membrane structures) shall apply to structures erected for a period less than 180 days. We feel 6 months is too long a time for a structure to be allowed without having to conform to other provisions of the code. Therefore we recommend to reduce the time to 6 days. This would allow structures for events such as carnivals or Halloween to be erected without conforming to all provisions of the building code. 26) Section 907.1 - This section deals with firewalls and party walls which must have stability under fire conditions to allow collapse of construction on either side without collapse of the wall. The codes says the wall "shall be constructed of any approved non combustible material". we are recommending to limit construction materials to masonry or concrete. 27) Section 907.6 - Refers to firewalls at roof surface. Indicates fire walls shall be continuous through roof to 32" above roof. Subsections 907.6.1 to 907.6.3 list alternates to the parapet wall (section above roof) such as fireproof roof decking. We have had problems with this material delaminating and therefore recommend the alternates to the parapet walls be deleted. 28) Section 1002.1 through 1002.16 - This section deals with fire suppression systems. It designates where the systems are required by use of the building and size of building. The Fire Department has requested that fire suppressions systems be required in all use groups (except single family residential) with no square foot limits except for a 5,000 square foot limit in use groups M (Manufacturing) F-1 & F-2 (Factory and Industrial) or B (Business). 29) Section 1004.2.2 and 1004.2.3 - Applies to the design of fire sprinkler systems but the exceptions in both sections delete need for sprinklers in bathrooms less than 55 square feet. Fire Department requests deletion of these exceptions. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 6 30) Section 1012 - Regulates standpipe systems for fire protection. Fire Department requests certain changes and deletions affecting sizing, location and water pressures for the standpipe systems. 31) Section 1014 - This section deals with Fire Department connections. The changes requested bring this section into compliance with existing Fire Department equipment and specifications. 32) Section 1016 to 1021 - Deals with fire protection systems such as automatic fire detection systems, smoke detectors, fire extinguishers. The amendments and additions requested by the Fire Department bring the codes into compliance with current Fire Department procedures and practices. 33) Section 1111.2 - This section regulates snow loads to be used in design of structures. The maps used in the code show the Mount Prospect area on the border line of a 25 to 30 lb. snow load. Therefore we are recommending use of a 30 lb. snow load in all design calculations. 34) Section 1112.3.2 - Regulates wind loads. The BOCA map indicates Mount Prospect to be between the 70 to 80 MPH wind regions. we recommend using a basic wind speed of 80 MPH for design purposed. 35) Sections 1201 to 1222 govern foundations. The revisions proposed in these sections primarily prohibit the use of plywood and masonry foundations and require foundations to be of poured concrete. 36) Section 1308.1 concerns special inspections on materials and/or fabrication of materials to be used in buildings. The exceptions delete some conditions of when special inspections must be made. We proposed to delete the exceptions so that we determine if the inspections are required. 37) Section 1702.2.3 - Refers to particle board for roof sheathing. We propose not allowing particleboard for roof sheathing due to problems with delamination. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 7 B) Article I - Section 21.104 (BOCA Mechanical Code) The only change requested to the BOCA code is the addition of a section (M-409) regarding intake and exhaust piping on pulse furnaces. C) Article I - Section 21.105 (Illinois Plumbing Code) Due to several conflicts between the BOCA National Plumbing Code and the Illinois Plumbing Code and the fact that several EPA regulations require municipalities to enforce the Illinois Plumbing Code, we are recommending to adopt the Illinois Plumbing Code rather than the BOCA Plumbing Code. We are also recommending one addition to this code for flood control systems. D) Article I Section 21.106 (C.A.B.O. one and Two Family Dwelling Code Revisions) Part V - Plumbing - As indicated previously, the Illinois Plumbing Code is proposed for adoption. 2) Part VI - Electrical We propose to use the Village Electrical Code which has adopted the 1990 Edition of NPPA 70. 3) Part IV - Mechanical We recommend using the BOCA Mechanical Code. 4) Sections 302.1, 304.5, 305.2 and 306.2 make reference to wood foundations. We propose not allowing wood foundations. 5) Section R704 - Specifications for particleboard roof sheathing. We recommend not allowing particleboard for roof sheathing due to delaminating problems. 6) Section R 103 - This section indicates the CABO code will apply to one and two family dwellings and one family townhomes. We feel that one family townhomes fall under BOCA classification R-3 and therefore are governed by the BOCA code. 7) Section R-204 - Requires "Every dwelling unit shall have at least one habitable room which shall have not less than 150 sq. ft. of floor area. other habitable rooms shall have an area of not less than 70 sq. ft.. Every kitchen shall have not less than 50 sq. ft. of floor area". we propose to keep the minimum room sizes as specified in our current code. TO: mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 8 8) section 209. - As with room sizes, the CABO code is very limited on specifications for garages. We propose to keep our existing code specifications for garages. The main changes from the CABO Code are: a) CABO specifies use of 1/2" gypsum on garage side of attached garages with 1-3/4" solid wood doors. our code requires a 1 Hour fire rated wall with a 1 Hour rated door. b) we have more detailed specs on construction material, required doors and windows and electrical equipment. 9) section 210.1 - CABO only requires one exit from each dwelling unit. we recommend two exits. 10) Section 303 - CABO allows solid masonry, concrete, wood foundations or other approved structural systems for footings. we propose to allow only concrete or other approved structural systems. 11) Section R901.12 - Deals with chimney and fireplace cleanouts. The code makes cleanouts optional, we propose to make them mandatory. E) Article I - Section 21.107 - These additional requirements for buildings of four or more stories are; in our existing codes and the Fire Department requests they be kept in the new code. F) Article II - Section 21.203 B - We are adding a time limit for completion of work and a notice that all bonds will be forfeited to the village unless project is completed within the time limit. Also gives Village manager option of granting a two year limit for larger projects. G) Article II - Section 21.204 D - Existing code has three separate sections which govern public sidewalks. We have combined these three sections into one and specified the code is for public walks. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 9 H) Article II - Section 21.204 E - Proposed code directs the Director of Inspection Services to determine if a building or structure will impair or destruct the value of the neighborhood. The existing code specified the Architectural Commission will have these duties. However to the best of our knowledge, the Architectural Commission has not met in the last 10 years. Therefore we are suggesting the Commission be deleted. I) Article II Section 21.208 F - The fee for Public Works to maintain warning lights on private projects is proposed to be raised from $15.00 to $25.00. J) Article II Section 21.212 B - The requirement for showing top of foundation elevators has been added to the spotted foundation section. K) Article III Old Section 21.304 - This section of the existing code referred to the Architectural Commission. As mentioned previously, since the Commission has not met in recent years, we are suggesting it be deleted from the code. L) Article IV - Section 21.401 - The existing code has a general statement that no lot shall be raised to a grade higher than a continuous grade level between abutting lots. Since this condition can rarely if ever be achieved and still provide for proper drainage we propose to revise the grading requirements to conform with the requirements of the Development Code. M) Article V - Fees, Bonds and Deposits - The majority of the fees covered by this Article have not been raised in eight years. We are recommending increases from 0% to 100%. The existing fee article is attached for your information and comparison. Also attached is a cost comparison for the fees for a typical single family home and a industrial building. For the single family home the increase would be about 39%. For an industrial building the increase would be about 32%. TO: mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 10 N) Article V - Section 21.512 and 21.513 - In our existing code the requirement for Surety Bonds and deposits to restore public property was included under Section 21.510 - Street Obstruction Fees. Since the Surety Bond and restoration fee were intended for other permits also they have been given separate sections. The restoration deposit has been increased from a minimum of $100 to $250 for two reasons: 1) The cost of replacing items such as curb and gutter, sidewalk, trees, etc. has been increased and - 2) Many contractors would not call for final inspections preferring to let the $100 remain with the Village. We feel by increasing the deposit to $250 and specifying the deposit will be forfeited when the permit expires will encourage contractors to :all for final inspections plus make them careful not to damage public property. o) old Article X - Public Swimming Pools - This Article has been deleted from the Building Code and is now covered under the Health Code and the Illinois Departme:at of Public Health Rules and Regulations. P) Article XI - Section 21.1103C and 21.1104 - Miscellaneous Provisions; Penalties - We have revised the penalty for starting work without a permit to double the permit fee but have added a $100 minimum. Q) Article XI - Section 21.1104 - This section was requested by the Finance Director in order to help clea:a up the many unrefunded fees and deposits. AS mentioned previously many contractors prefer just to let the deposit remain with the Village rather than call for final insoections. R) Article XII - Many of the changes in definitions are to bring our definitions into agreement with definitions in the BOCA codes and also to bring tnem into conformity with definitions in other Sections of the Village Code. TO: Mayor and Board of Trustees FROM: Charles Bencic, Inspection Services Director DATE: June 2, 1992 RE: BUILDING CODE UPDATE Page 11 The above are brief explanations of the more significant changes proposed for the building code. Representatives of the Building Division and Fire Pr6vention Bureau will be available at the Committee of the Whole Meeting to answer questions on these or other sections of the code. Chuck Bencic CB: rm Attach. cc: John Fulton Dixon, Village manager Carol Fields, Village Clerk David Jepson, Finance Director David Clements, Planning Director Edward Cavello, Fire Chief Ronald Pavlock, Police Chief Herb weeks, Public Works Director D/C Lonnie Jackson, Fire Prevention Director Barry Springer, Village Attorney Jeff Wulbecker, Engineering Coordinator Dan Jakes, Building Coordinator File X e/// /0, /f 4ej11),67A71f j IJ-f 0 c, SUBJECT 1984 1990 FIRE PARTITION Fire Separation Wall Separates exit access Definition Sec. 201 access corridors, tenant and dwelling units. Sec. 201 FIRE SEPARATION Fire Separation Wall Includes fire separation ASSEMBLY Sec. 201 wall (vertical) and Definition horizontal separation. Sec'. 201 MEZZANINES One-third of floor area One-third of enclosed Definition Mezzanine could be open room the mezzanine is or enclosed area. is located, within. Sec. 201, 622.2 Mezzanine wall be open area, with exceptions. Sec. 201, 605.2 PUBLIC WAY Not less than 10 feet Not less than 10 feet Definition clear width. clear width and not less Sec. 201 than 10 feet clear height. Sec. 201 SHAFT Defined open shaft, Three (3) different Definition and covered shaft. shaft sections. Sec.201 Sec. 606.0 Atriums. Sec. 710.0Open courts. Sec. 915.0 , Enclosed vertical shafts. Sec. 2607.1 Hoistway enclosures. HIGH HAZARD One High Hazard Use Four (4) sub use groups USE GROUP H Group. Sec. 306 H-1 - explosive hazard Classification H-2 - accelerated burning H-3 - support combustion H-4 - toxic/health hazard Sec. 306.2 - 306.5 USE GROUP R-3 One (1) hour fire Two (2) hour fire Fire Separation separation, between separation assembly. dwelling units. Exception: Table 401 Line 7 Sprinklered building, one (1) hour fire partition. Sec. 309.4 1 SUBJECT 1984 1990 MIXED USE and OCCUPANCY CLASSIFICATION MIXED USE SEPARATION MIXED USE Exception MIXED USE Fire Resist- ance Separation Rating MIXED USE Accessory Uses OPEN PARKING STRUCTURES Height Sec. 313.1.1 High Hazard to be separ- High Hazard not permit- ate from Use Groups A, ted in Use Groups A & E E, Igor R. Sec. 313.1 Separation of uses by fire separation walls Sec. 313.1 Para. 2 No reduction in rating for sprinklered buildings. Sec. 313.0 Separation of uses by fire separation assemblies per fire rating table 313.1.2. The sum of the ratios of the f' -oor area of each use divided by allowable area Tab:.e 501 for each use shall not exceed one. Sec. 313,.1.2 Sprinklered buildings allow reduction in fire separation assemblies to a minimum of one (1) hour, with exceptions. Sec. 313,1.2 Eliminated fire grading New Table 313.1.2 for Table 1402 fire rating between mixed uses. Sec. 313.2 Incidental Uses Height and area based on open parking portion Table 617 Changed incidental to accessory uses. Added new table 313.1.4.1 for additional requirements for specific use areas. Sec. 313.1.4 Height measurement based on mixed use group and open parking use group according to Table 501 and Table 607.4, Sec. 313,2 SUBJECT 1984 TABLE 401 Table 401 used fire Structural grading table 1402 element column TABLE 501 A-2 Use Group, type 1B Height and construction limited to Area 4 Story, 50 feet. Table 501 TABLE 501 F - Factory and Height and Industrial use group Area Table 501 AREA INCREASE Approved fire IFMklers suppression system Sec. 503.17 HEIGHT INCREASE No limitation for Use Use Group R Group R with NFPA 13 Sprinklers system. DAY CARE CENTER Height increase with Height Increase sprinklers. Sec. 503.1 PEDESTRIAN No reference to WALKWAYS pedestrian walkways 1990 Table 401 restructured to new terms such as fire partition and mixed use Table 313.1.2. Defined where fire separation assemblies can be used. A-2 Use Group, type 1B construction not limited in height. Table 501 Divided Factory and Industrial use group into F-1 moderate and F-2 low. Table 501 Area increase only for NFPA 13 systems. No area increase for NFPA 13 R - System. Sec. 503.17 f_0'_ Maximum increase for use Group R is 4 stories and 60 feet height with a NFPA 13R system. Sec. 503.1 Limits Type 5 construct- ion increase 1 story and 20 feet with sprinklers as long as occupant load is less than 50. Sec. 503.3 New section for pedestrian walkways (exterior elevated walkway that connects buildings).Sec. 514.0 COVERED MALL No reference to Added passenger BUILDINGS passenger transportation transportation terminals Transportation terminals. to covered malls. terminals Sec. 601.1 3 SUBJECT 1984 1990 COVERED MALLS Occupant Load COVERED MALLS Use Group A-1 and A-2 HIGH - RISE Classification Delete Table 619 Use Group A-1 & A-2 main entrance shall be adjacent to principal entrance of mall. Sec. 619.8 Reference Use Group B, R-1, and R-2 as high rise. Sec. 618.1 Sec. 601.4.4 New formula to calculate OLF = (0.00007) X GLA plus 25. Use Group A-1 & A-2, not more than one-half of required exits, directly into mall. No reference to mall, main entrance. Sec. 601.8 References all Use Groups with some exceptions Sec. 602.1. HIGH - RISE Compartmentation allowed Deleted compartmentation. Compartmentation in lieu of sprinklers All high - rise required up to 12 stories or 150 to te sprinklered. Sec. feet in height. 602.2.3 Sec. 618.3.2 OPEN WELL Definition UNENCLOSED SUPPLEMENTAL STAIRWAYS Sprinkler requirements Open Well Sec. 620.3 Open Well section Exempts sprinkler requirement for supplemental stairs. Sec. 620.3 Exception No. 1 Atriums include floor opening or series of floor openings that connect two or more stories. Includes supplemental stairways and escalators. Sec. 606.2 Open floors two or more stories, treated as an atrium, therefore required to be sprink- lered throughout the building. See Exc.913.3 Sec. 606.2 SUBJECT 1984 OPEN PARKING Openings not less than STRUCTURES two sides, not less than Percentage 50 percent open each of openings floor, for 50% distance from floor to ceiling. Sec. 201 OPEN PARKING Enclosure wall with STRUCTURES fire separation of Exterior wall less than 6 feet Separation requires min. 2 hr. fire rating. Sec. 617.3 OPEN PARKING Type 2B & 2C with Structures sprinklers the area Unlimited Area is unlimited. Sec. 617.6 PUBLIC GARAGES Separate requirements Sprinkler for Group 1 and Group Requirements 2 Public Garages, Sec. 1702.10 & 1702.11. 1990 Openings not less than two sides, not less than 40% of building perimeter uniformly distributed. Each level not less than 20% open of total perimeter wall at each level. Sec. 607.1.1 Exterior walls with openings shall have fire separation greater than 10 feet. Sec. 607.1.2 All structures of type 2A, 2B, & 2C with 50% open sides on exterior_ walls and not over 75 feet in height shall - be unlimited. Sec. 607.4.1 All Public Garages treated the same for sprinkler requirements Sec. 609.2.1. USE GROUP 1-2, 1-3 No Special Requirements Special Use Special Use and Use Group 1-2 Sec. 610.0 Occupancy Use Group 1-3 Sec. 611.0 SPECIAL No reference to AMUSEMENT BLDGS. amusement buildings. RADIO AND Radio and television TELEVISION antennas Sec. 615.0 ANTENNAS No reference to dish Dish Antennas antennas New section 616.0 amusement buildings, due to fire at "Haunted Castle" in 1984, Six Flags, New Jersey. Sec. 622.3 added new section for dish antenna requirements. SUBJECT 1984 1990 MEANS OF EGRESS Travel Distance increase to 400 feet with roof vents. TRAVEL DISTANCE Measurement Unlimited Area Buildings Remote point in a room when more than 50 feet travel (100 sprinklered) to an access door starts travel in the room. Sec. 807.4 ROOF VENTS Roof vents required for unlimited buildings Type 2, 3 or 4 const. Sec. 504.3 MEANS OF EGRESS Buildings with one exit Table 809.3, Sec.809-3 At level of exit discharge, all use group maximum travel 75 feet or 50 occupants. R-2 limit to 2 stories B and S2 - 2 stories , 3500 per floor, 75 feet travel, I Hr. enclosure. MEANS OF EGRESS Dead Ends for corridors Dead Ends only Sec. 810.2 Definition MEANS OF EGRESS Sec. 810.4, and 810.4.1 Corridor Ratings alternatives with sprinklers, reduce fire ratings Use Group F-1 or S-1 with roof vents and spr*-nklers increase travel to 400 feet. Use Group A-5 open to outside can be 400 feet and type 1 or 2 construction no limit- ation. Sec. 807.5 Remote point travel distance starts within a room no matter the size. The travel distance table was changed. Sec. 807.5 Roof vents not required for unlimited buildings. Sec. 504 Table 809.3, All Use Groups 50 occupants maximum. R-2, 3 stories with sprinklers. B, M, :3, 2 stories, 30 or less occupants or 75 fee-;. travel distance. Dead Ends for corridors or 2assaaewaYs. Added passageway Sec. 810.2 New Table 810.4 for corridor fire resistance eating, with and without sprinklers. Use Group R greater than 10 occupants requires 1 hour without sprinklers. Sec. 810.4 SUBJECT 1984 1990 MEANS OF EGRESS No Reference Access for tables and seating in Place of Assembly MEANS OF EGRESS Spaces with one means of egress MEANS OF EGRESS Horizontal sliding doors MEANS OF EGRESS Special locking arrangements ALTERNATING STAIRS MEANS OF EGRESS Intermediate handrails for stairways Sec. 812.2 Room with occupant load more than 50 or travel distance exceeds 75 feet requires two egress doors with exceptions. Acceptable as a means of egress. Less than 10 occupant,load Sec. 812.5 No Requirement No Requirement Stairways more than 88 inches wide provide intermediate rails so that no portion is greater than 88 inches. Sec. 816.5 MEANS OF EGRESS Did not spell out Interior stairway limitations within enclosures interior stairways. Sec. 816.0 7 New Section 811.7 for determining the width of aisle accessway in places of assembly with tables and chairs. Sec. 813.2, Table 813.2, requires more than one egress door based on each Use Group, occupant load and travel distance. Sec. 813.4, permitted as a means of egress serving occupant load of less than 50. Sec. 813.4.4 is the new criteria for horizontal sliding doors. New section on special locking arrangements. Sec. 813.4.1.2 New section on alternating stairs Sec. 817.6.5.2 Sec. 817.7, provide intermediate handrails so that all portions of stairway width is within 30 inches of handrail. Sec. 817.11, exit stairway enclosures shall be used within as means of egress only. SUBJECT 1984 MEANS OF EGRESS Not required to be Exterior Stairway rated for exterior enclosure and stairway enclosure its adjacent Sec. 819.2 exterior wall MEANS OF EGRESS Allowed locking of Int=prior stairway stairway doors in door locks high - rise buildings only. Sec. 618.10.1 MEANS OF EGRESS Sec. 818.2, At least one Smokeproof of the required exits enclosures shall be smokeproof. When the building is more than 75 feet in height of the floors used for human occupancy 1990 Sec. 817.11.1, exterior walls within 10 feet horizontally of nonrated exterior wall and openings of exterior stairway are required to be rated. Sec. 817.11.3, all interior stairway doors shall be'openable without use of key or special knowledge from both sides, With exceptions. Sec. 819.2, All exit stairways located more than 75 feet in height shall be smokeproof. , MEANS OF EGRESS Directional sign Sec. 822.1, required Exit signs required when necessary. sign placement not more Sec. 823.1 than 100 feet from the nearest exit sign within the exit access. MEANS OF EGRESS Sphere with a diameter The diameter is changed Openings between of 6 inches cannot pass to 4 inches. Use Group balusters and through. Use Group F, 1-3, F, H and S, and other H, or S, 14 inches. exceptions, 21 inches. construction Sec. 827.3 Intermediate rails not permitted. Sec. 824.3 MEANS OF EGRESS No requirement for grip Handrail grip size size Sec. 825.4, outside diameter 1 1/4 inches to 2 inches. This section is in conflict with ANSI A117.1, Accessibility Standard, requirements are 1 1/4 inches to 1 1/2 inches. SUBJECT 1984 1990 FIRE RESISTIVE CONSTRUCTION Equivalent ratings table FIRE GRADING TABLE 1402 FIRE RESISTIVE CONSTRUCTION Timber construction FIRE RESISTIVE CONSTRUCTION Penetrations FIRE RESISTIVE CONSTRUCTION Vertical Shafts FIRE RESISTIVE CONSTRUCTION Fire doors No provisions printed in the code to allow equivalent thickness, for concrete masonry units. Delete fire grading Table 1402. No provision printed in the code to determine fire resistance rating for exposed timber members. Sec. 1412.4, fire resistance rated floor, ceiling, and roof assemblies. Sec. 1410.0 Vertical shafts. Table 1415.0 Fire door fire resistance rating. New Table 902.1.3, allows acceptance of rating for fire resistance walls by thickness of materials. Helpful for existing wall assemblies. New Table 907.1 provides fire and party wall fire resistance ratings. New section 902.1.4, provides criteria to determine fire resistance rating up to one hour for timber members. New section 913.4 provides requirements when fire rated assemblies are penetrated. New section 915.0, criteria for vertical shafts, detailed requirements for penetrating a vertical shaft. New Table 916.1, provides detailed wall assembly rating and fire door assembly requirements. Combined the ratings as one table SUBJECT , 1984 1990 FIRE RESISTIVE CONSTRUCTION Draftstopping attic spaces for Use Group R Sec. 1420.7.2.1 Use Group R, draftstopping In line with tenant separation walls with exceptions. Sec. 921.7.2.1, Use Group R with sprinkler systems installed per NFPA 13R, (no sprinklers in the attic) requires draftstopping in attic spaces every 3000 sf. or above every two units whichever is smaller. FIRE PROTECTION No provision for shop New Sec. 1001.2 requires SYSTEMS drawings on sprinklers. detailed plans plus Plans and shop detailed shop drawings drawings . on sprinklers. FIRE PROTECTION All Use Group A-1 1002,2 Use Group A-1, SYSTEMS Except: Auditoriums, throughout the entire Required fire foyers, lobbies and story, stories below, suppression toilet rooms. intervening stories, and systems Sec. 1702.2 level.s between A-1 and , level. of exit discharge. Exception: Auditoriums FIRE PROTECTION All Use Group A-2, SYSTEMS more than 5000 sf. Required fire in area, or more than suppression one story in height. systems Sec. 1702.3 FIRE PROTECTION Use Group A-3, more SYSTEMS than 12,000 sf. in area. Required fire Sec. 1702.4 suppression systems 10 Use Group A-2, more than 5000 sf. in area, throughout the entire story, stories below and intervening stories and floor levels between A-2 and 'Level of exit discharge. Sec. 1002.3 Sec. 1002.4, Use Group A-3, more than 12,000 sf. in area, throughout the entire story, stories below and intervening stories and floor levels between A-3 and level of exit discharge. SUBJECT 1984 1990 FIRE PROTECTION SYSTEMS Required fire suppression systems FIRE PROTECTION SYSTEMS Required fire suppression systems FIRE PROTECTION SYSTEMS Required fire suppression systems FIRE PROTECTION SYSTEMS Required fire suppression systems FIRE PROTECTION SYSTEMS Required fire suppression systems FIRE PROTECTION SYSTEMS NFPA 13R Use Group I, Sec. 1702.8 exception no. 5 for 1-3 exempts sprinklers for occupant load less than six. Article 17 is not clear as to what portion of building is to be sprinklered. Use Group R-1 required when more than 12 stories or more than 150 feet in height. Sec. 1702.6 Use Group R-2, required when more than 12 stories or 150 feet in height. Sec. 1702.6 Use Group B, required when more than 12 stories or 150 feet in height. Sec. 1702.6 Did not reference NFPA 13R 11 Sec, 1002.6, Use Group I throughout all buildings. Exception no. 5 for 1-3 deleted. An 1-3, is required to have an occupant load of six or more to be an 1-3. Article 10 clarifies sprinklers are required throughout the building fire areas per Use Group. Use Groups R-1, required throughout all building fire areas. Exception: Guestrooms with direct exit to the outside at ground level. See. 1002.8 Use Groups R-2, required throughout all building fire areas. Sec.,1002.9 Use Group B shall apply to all buildings with floors for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. Sec. 602.3 Sec. 1004.2.2, references NFPA 13R-89 for buildings four stories or less in height for residential fire areas. SUBJECT 1984 1990 FIRE PROTECTION SYSTEMS Required standpipes FIRE PROTECTION SYSTEMS Required standpipes FIRE PROTECTION SYSTEMS Types of standpipes FIRE PROTECTION SYSTEMS Standpipes for open parking structures FIRE PROTECTION SYSTEMS Standpipes for buildings under construction Designated specific Use Groups when standpipes are required. Standpipes normally three or more stories in height. Sec. 1711.0 Standpipes required based on height of buildings and area. Sec. 1711.0 Wet with automatic water supply. Sec. 1714.1 Required automatic water supply for standpipes located in open parking structures. Sec. 1714.1 Sec. 1012.2.1, all buildings when floor level at highest story is more than 30 feet above lowest level of fire department access. (4 story building) The requirement also includes when stories are more than 30 feet below. Sec. 1012.2.2, standpipes required in all buildings where portion of building flocr area is more than 400 feet travel from fire department vehicle access, with exceptions. Sec. 1012.3, lists four types of standpipe_ systems. There are wet and dry type. Some systems may be autcmatic or manual based on occupancy. Sec. 1012.3.1, open parking structures not more than 150 ft. ht can use a standpipe that is dry with no permanent water supply. The water for the dry standpipe shall be available on the building site. Required to be installed Sec. 1015.2 required at each floor and standpipes to be ready for use as floor installed when progresses. construction progresses Sec. 1712.2 more than 40 feet above fire department access. 12 SUBJECT 1984 FIRE PROTECTIVE Submit plans SIGNALING SYSTEM Sec. 1717.1 (MANUAL FIRE ALARM PULL BOX) FIRE PROTECTIVE Use Group B required SIGNALING SYSTEM when three or more stories in height. Exception: Sprinklered and less than 7 stories. Sec. 1717.3.3 FIRE PROTECTIVE Use Group R-2 required SIGNALING SYSTEM when four or more stories in height. Sec. 1717.3.4 13 1990 Sec. 1016.2 submit detailed plans with specifications. These plans are shop drawings. Sec. 1016.4.2, Use Group B, when floors for human occupancy are two or more stories above lowest level of exit discharge or two or more stories below. Use Group R-2 required when dwelling unit it three or more stories above lowest level of exit discharge or more than one story below the highest level of exit discharge. Sec. 1016.4.5 CHAPTER 21 BUILDING CODE Subject Article Enactment and Scope......................................I General Provisions......................................1I Architectural Design...................................III Grade Regulations.......................................IV Fees, Bonds and Deposits.................................V Fences.............. . ..................................VI Electrical Installations...............................VII Refrigeration and Air Conditioning ....................VIII Private Swimming Pools..................................IX Heating Regulations; Multi -Family Dwellings..............X Miscellaneous Provisions; Penalties ..................... XI Definitions............................................XII Property Mantenance Code..............................XIII ARTICLE I ENACTMENT AND SCOPE SECTION: 27.101. Purpose 21.102. Scope 21.103. BOCA National Building Code Adopted 21.104, BOCA National Mechanical Code— 27,105 Illinois Plumbing Code Adopted Adopted 21.106. C.A.8.O, One and Two Family Dwelling Code Adopted 21.107. Special Regulations for Buildings Containing Four or More Stories 21.108. Filing Requirements 21.109. Miscellaneous Provisions SEC.- 21.101. for safety, health and public welfare through structural strength and stability, means of egress, adequate light and ventilation and protection to life and property from fire and hazards incident to the design, construction, alteration, removal or demolition of buildings and structures, and to regulate the architectural design of buildings or structures erected or to be erected in the Village SEC. 21.102, Scope. The provisions of this Chapter apply to the construction, alteration, equipment, use and occupancy, location, maintenance of and additions to buildings and structures and to. appurtenances such as but not limited to vaults, areaways and street encroachments hereafter er�-c—ted —and,-�—here expressly stated, existing on land or over water; and to buildings and structures and equipment for the operation thereof hereafter moved or demolished within the corporate limits of the Village. The provisions of this Code based on occupancy also apply to conversions of existing buildings and structures or portions thereof from one occupancy classification to another. SEC. 21.103. BOCA National Building Code Adopted. For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, there is hereby adopted the 1990 edition of the BOCA National Building Code plus 1992 supplement promulgated by the Building Officials and Code Administrators International, Inc. 9 together with all appendices, except such portions thereof as are hereinafter expressly deleted, modified or amended. 21.103 21.103 A. While the 1990 edition of the BOCA National Building Code, the 1992 Accumlative Supplement to the National Building Code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever the said exceptions are applicable or are in conflict with certain other provision of the :said BOCA Code. 1. Section 100.1 - Insert: (Jurisdiction) - VILLAGE OF MOUNT PROSPECT 2. Section 103.4 - Insert: (DATE) - the date o•= adoption of the ordinance adopting the BOCA Code. 3. Section 114.3.1 - Insert: (Appropriate Schedule) - Refer to Article V - FEES, BONDS AND DEPOSITS - o' the Village of Mount Prospect Building Code 4. Section 117.4 - Insert: (OFFENSE) - Misdemeanor, (AMOUNT) $500.00, (NUMBER OF DAYS) - 30 Days 5. Section 116.2 - Insert: (DOLLAR AMOUNTS IN TWO LOCATIONS) Fifty (50) Dollars and Five Hundred (500) Dollars 6. Section 119.6 (1992 Supplement) Delete change to Section 119.6. 7. Section 123. - Delete in it's entirety. 8. Delete Section 124.1 to 124.7 in their esti-ety and add new Section 124.1 as follows: Application for appeal: Anyep rson shall have the right to a eal to the Village Manager from a decision of the code officiarefusing torg_ant a modification to arp ovissions of this code coverjn the manner�ruwtion or materials to be used in the e tion, alteration or roe a ri oT a ui dingy ar structure. a 5 cca1ton for apPea'�s a�e based on a e aim that the true intentof t his code oor the rules legally adopted thereunder have been 7nc6rrec-t7—y inter rP eked, the o�rovisions of this code do not f� appl,�, or an e u�q ivalent construction can be used. 9. Add new definition of "Fire Official" in Article 2 definitions to read as follows: Fire Official: The chief of the fire depaar_tnent or of the fire prevention bureau ordul authorized representative appointed y the authorit have jurisdiction. 21.103 lO. Add new Subsection 306.1.2 of Article 3 to read as follows/ a. 33006.11.2 - Restricted lo all 2.f a ll. Amend Section 309.4 (1992 3upp7enment) by deleting Exception entirely. 12, Amend Section 313./.2 - Exception: "Shall be reduced from those in Table 313.1.2 by l Hour but to not less than 2Hours and..." 8, Amend Section 301.1.1 (1992 Supplement) as follows: a. Delete the word and its text entirety' b. Amend the text in its entirety in Table 301.1.1 to read as follows: (l). Room or area; All use rou s: Paint shops in buildiUns other than rou se at linen, col lecti�n—r�o—oms and cFut6* —termj�—ati3n —rooms. lhour and automatic sprinkler.system (2). Huum or area; ~ All linen chute access Separation/protection: Automatic sprinkler system (3). Room or area; ±All use groups: Incinerator.rooms Separation/protection; 2 hours and automatic sprinkler system (4). Room or area: Use Groups A, B,]~�R; Storage rooms Se fi/ teti IIour and automatic sprinkler systeml 21 .103 8.7(8 (5). Room or area: Use Groups A, B, I,,R: Physica] plaot maintenance 1 hour and automatic sprinkler system (6). Room or area; Use Grou I Laundry area, handicraft jhgs, kitchens ratories TmFjoinq hazardous quantities less Separation/protection; 1 hour and automatic sprinkler system (7). Room or area: Use Group 1-3 2added cells Separation/protection; l hour and automatic sprinkler system 14, Amend Section 602,2 of Article 5 as follows: - a Delete 18 feet (5486 mm) and replace with 20 feet 16. Add the following sections to the end of Section 502.2 of Article 5 as follows: 502.2.1 Fire lanes required: Fire lanes shall be Drovided for any part of buildin s thar. aFe set 5611: mori than 10 ft. height and are set back o�—er 57 =t5 2-5 !IL from a Tj� 502.2.1.1 Size: Fire lanes shall be at least 20 ft UB 3. road mo re than 502.2.1L.2itype: fire lanes are not permitted. 502.2.1.3 Construction "uirements: Fire lane construction Th—allconfo7m—to Sec. 16.403.Bl.b. of the Village of Mount 2l.lO3 ' 21.103 - 502-2.1.4 Maintain: The ddesiqnatio%,use, and maintenance of �y the Fire fficial. 502.2.1.5 Posted: All fire lanes* shall be sign posted Ts fire lanis at the sole expense _Of he o;iner of the 0_ Rroperty ^ Fire lanes enumerated in Section 18.2014 of this Code. 15, Amend Section 511.1 of Article 5 as follows: a. Change "board of appeals under nu read; �" provisions — Section—124^011 �age Manager under 2rovisionsof Section 124.111. 17. Add new Section 512.6.2.1: All Use GrOwPs two 2) stories �or more: A minimum of one (l) elevator shall be'~`` ided to service �' all floors in buildings containing t� L�L��^ 78. Amend Section 513'1 (7892 Supplement) as follows: Add "All 2rIvIsions of the 1990 NFpA Life Safety Code shall ARRIZ- 19. Amend Section 602.1 (7982 Supplement) as follows: a. Change "75 feet (22860 mm)" to read "35 feet" 20. Delete "Exception: in Section 602.3 of Article 6 and its text entirety. 21. Add Section 607'2'1 as follows: " All open parking structures shall be 2e I with an automatic IR accordal 22. Amend Section '' 6O8.1 (1992 Supplement) - Change !st "l hour" to read °2 hour" 23, Section 608.2 (7992 - Change 1/2 inch" to read "5/8 inch, type X qZ2�um" 24' Section 6U8,3 (7992 Supplement) - Change "4" "6" ---~---`��—�� 2l.lU3 2l'lO3 25 �Section 608.4 (1992 Supplement) Change "l 3/4 inch solid ' core wood door" to read� "l 112 hour file door assembly in accordance with t1 9i6-T�. 26. Amend Section 608.3 of Article 6 as follows: a' Change "l hour" to read 112 hour" 27. Amend Subsection 600.2.1 of Article 6 as follows: a' Delete l. 2. 3. and 4. and all its text. 28, Amend Section 615.5 of Article 6 as follows: a. Delete the wording "in excess of 500 s£�arefeet (46J5m so) in area" b' Delete in its entirety the word '�etions jand all of' the text for lL��and 4. 29. Amend Subsection 618.6.1 of Article 6 to read as follows: a, Change |st "20 feet (6096 mm)" to read �OU feet" b, Change "lU feet (3048)" to read 1125 feet" c. Change 2nd "20 feet (6098 mm) to read "100 feet" d. Add the following sentences to the end (if the Subsecitun All blow - out panels shall be outlined with br±att yello DANGEk ---E T be posted on the jei,ht Eand —57/2 inc-F —str6—ke Tn—w�ldth- -Sf�Ts to be red in COT 30. Add new Subsection 618.6.4 of Article 6 as follows: 618.6.4 Personnel protection, All blow - )ut aanels shall be 21.103 21.103 31. Add new Subsection 618.6.5 of Article 6 as follows: 618.6.5 Minimum Physical !Muirement: The maximum wei ht s ma Fbe 32. Add new Subsection 618'6.6 of Article 0 as follows: 618-6.6 jolosion venting of process equipment: All process equi men, which warrants e osion ventin as deemed necessary 33. Add new Section 618.8'6 of Article G as follows: 618-8.7 Loading rack grounildin /bondin : All new loa2d2ina racks iy tem 7sla re, 2 bound/756 n system before 0 J'yefied petro eum gas can be eum oad to vTettoT= 21.103 21.103 35, Add new Section 618.4 of Article 0 as follows: 619.4 Loadin rack protecti All new loading racks for the transfer and/or loading of fl—aarFa`bl�—/qoibusff—b�e lTq—uids Foam fire im7 wl with NFPA76—lTs—te in endix A. if more is contained in Tthe or i o—ther—Polar so ve are ha a manua at rac an one Mstm�a—. 36. Add new Section 619.5 of Article 6 as follows: 61 racks fo I din S t of all Fe r— I/. Amend Section 824.1 of Article 6 as follows: a. Change "180 days" to read "six (6) days" 38. Add new Section 824.10 of article 8 as follows: never members of the public ,wed in sFu—chte7n—tsard supported tas an occupancy load OT TITT 39. Amend Section 907'1 of Article g as follows: a. Change the wording "any approved noncombustible" to read "solid or hollow masonry units or of plain or reinforced 21.103 21.I03 40. Amend Section 907.6 of article 9 as follows: a Delete the following Sections.907.6.1 through 907.6.3. b. Change comma after the word "surface" to a 41. Delete Subsections Del t S b ti ons 907.6.1, 907.6.2 and 42. Amend Subsection 7807.2.7 of 1992 Supplement as follows: a. Add new sentence at the end of subsection text to'read as follows: Submit four Nl complete sets of plans. 43. Amend Subsection 1001.2.2 of 1992 Supplement as follows: a. Add new sentence at the end of subsection text to read as follows; 44' Amend Section 1002,1 of 1992 Supplement as follows: a. Delete and its text,entirety 45. Amend Section 1002,2 of 1992 Supplement as follows: a. Chan �j " {roup - and A-4 fire areas, an automa ssion system shall Ee-- b' Delete �"Exceptions; and its text entirely. 46. Amend .Section 1002.3 of Article lO as follows: a. Change the wording "Where aUse Group A-2 fire area is more than 5,000 square feet (458m sq.) in area or is located either above or below the level of exit discharge of exits that serve the Use Group A-2 fire area, an automatic fire suppression system h ll be provided read " Thr ughout all Use Group A-2 fire areas, an autorTFatli-c—fire suppression �te-m--:s:h–aII—*bje-- as fol ows. 47. Amend Section 1002,6 of 1992 Supplement as follows/ Delete "Exceptions: and its text entirely. 21.103 21.103 48. Amend Section 1002.7 of Article 18 in its entirety to read as follows: 1002.7 Use Groups M, F-1, F-2 or B: Throuqh(iut all buildings or� portions thereof with a use group M, P-T—F-T`an—dB fire area, an automatTc—fT—resi—up—pression s ti—ems-h75-1 1. Where Bfire area exceeds 5,000 square feeN465 m2� in area; �2. F-2 is more than one story� regardless of floor area. a. Delete paragraph 3 and Exception 49. Amend Section 1002.8 of 1992 Supplement as follows: a' Delete "Exception* and its text entirely 50. Amend Section 1002.9 of 1992 Supplement as fnllnws: a, Delete "Exception* and its text entirely. 51' Amend Section 1002.10 of Article 10 as follows: a. Delete *Exception: Buildings ofUse /Group R3., 52. Add new Section 1002.12 of Article 10 as fo'lows: 1002.12 Use Group S -I_ and S-2: An automatic fire suppression system shall be rovi e rou26—uf —all bui'_qi2j�.2r portion thereof with a Use Group S-1 and S-2 fir7e—area. 63. Add new Section 1002,73 of Article lO as fu]uwy: 1002.13 Use Group R-3: An automatic fire suppresssion system shall be provided throughout all buildings and structures, or portions thereof, of Use Group R-3 fire area in accorUa—nce with Section 1004.2.1 or 1004.2.2. 54. Add new Section 1002]4 of Article lU as follows: 21.103 21.103 56. Add new Section 70.02.15 of Article lO as follows: 1002.15 Open Parking Structures: An automatic fire s 56. Add new Section 1002,16 of Article 70 as follows: LM I tructures: Throughout all Use i—Xi—StLMIr buildings or structures tire area—%wh—en an automatic fire su res on tem would be required if ire l. Where additions, repairs/remodeling in excess of fifty 2. Where additions, repairs/remodeling are in excess of 3. Where change of use results in a greater hazard to 57. Amend Subsection 1004.2.1 of 1992 Supplement as follows: a' Delete paragraph l.under exceptions and its text h Delete pa.ragraph 2. under exceptions and its text entirety. 58, Amend Subsection 1004.2.2 of 1992 Supplement as follows: a' Delete �"Exception' and its text entirely 50. Amend Section 1004.2.3 of 1992 Supplement as follows: Delete * and its text entirely. 60, Add new Section 1004.10 of Article lO as follows: 1004.10 Water control valve he' ht * All water control valves s hall be locaf— two )—feit -and To —more T—han five and one haTf,15 /2 --Te—et —above fTnishi—dfTo-o-F-.—T—he— Op 2l lO3 21.103 � ' 61. Amend Subsection 1005.6.3 of Article 10 as follows: a. Change "check valve" to read "double check valve " 62' Amend Subjection 1012.2.1 of Article lO as follows: a. Change "30 feet (9144 mm)" �n line 2 and 4 of the text to read "20 feet(6006 mm)". 63' Amend Section 1012.4 of 1992 Supplement as follows: a. Change in the Exception text ."7ifeet k22860 mm)" to read"20 feet". 64. Amend Subsection 1012.4.1 of Article 10 as follows: a. Delete in the Exceptions, paragraph 1. 65. Amend Subsection 1012.4.2 of 1992 Supplemeni: as follows: a. delete in the Exceptions, RjnLqraRh 1. 66' Amend subsection 1012.7.2 of Article 70 as ---ollows: a. Change the wording "six stories or 75 feet (22860 mm) to read "two stories or 20 feet (6096 mm )"- 67, Amend Section 104.7 of Article lO as follows: a. Amend the text for Required: to read as Follows; andpipe systems shall be provided wa fire AtgLrtment connection. artment connection shall b I have at I—eait one DI fire Mn a on o Stor-z coup1l Mn a two-wa cou in 2 1 2 1 n c -h -Ff e Ma rd—Ho s i T!h �r� -e d b five to Arranclements Shall be made ff-�s:e� of Th—aTn� or braided cable