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HomeMy WebLinkAboutOrd 4513 01/05/1993 ORDINANCE NO. 4513 AN ORDINANCE ADOPTING THE "FIRE PREVENTION CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 5th day of .January , 1993 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of January , 1993. /caf 12-10-92 ORDINANCE NO. 4513 AN ORDINANCE ADOPTING THE "FIRE PREVENTION CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, regulations governing Fire Prevention have heretofore been set forth in Chapter 21 "Building Code" of the Village Code of Mount Prospect; and WHEREAS, in order to provide easier accessibility to the various requirements of the Village, the President and Board of Trustees of the Village of Mount Prospect have determined that it would be in the best interests of the Village to amend the Village Code and establish specific Chapter of the Village Code to be known as Chapter 24 entitled "Fire Prevention Code". BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 24 entitled "The Village Code" of the Village Code of Mount Prospect, as amended, is hereby further amended by renumbering Chapter 24 entitled "The Village Code" to Chapter 25 "The Village Code; so that hereinafter said Chapter 24 entitled "The Village Code" shall be known as Chapter 25 and the new Chapter 24 entitled "Fire Prevention Code" shall be and read as follows: " CHAPTER 24 FIRE PREVENTION CODE FIRE PREVENTION CODE CHAPTER 24 ARTICLE I SECTION: 24.100 Purpose 24.101 Adoption of Fire Prevention Code Section 24.100 Purpose. 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: a. Delete the wording in the text and change to read 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 act 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 conspicuous place, 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 1 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 Fire Prevention, which Bureau shall consist of 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 "appointing authority" to read corporate authorities of the Village of Mount Prospect. 6. Amend Section F-104.4 of Article ! 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 ! 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: Appeals: Any person shall have the rights to appeal to the Village Manager a decision of the code official concerning the interpretation of this code or to request a modification of the code. Any application for appeal to the Village Manager shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of the code do not fully apply. 10. Amend Section F-112.6 of Article I as follows: a. Change the wording "three members" to read "four members". 11. Amend Section F-201 of Article 2 Definitions as follows: a. Add the following definition to the code: Bulk Plant or Terminal: That portion of a property where flammable or combustible liquids, or liquefied petroleum gas storage (2000 gal (7.6 M cu.) water capacity or more) are received by tank vessel, pipelines, tank car, or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container. 12. Amend Section F-312.3 of Article III 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 shall conform with the specifications of the Village of Mount Prospect. All 4 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 be provided for all buildings when any part of said building is set back more than 150 ft (45.75 m) from a public road or for buildings which exceed 30 ft (9.14 m) in height and are set back over 50 ft (15.25 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. F-501.2.3 A Knox Box will be installed on all buildings having an automatic fire alarm that is supervised by a listed supervising agency, in a location to be determined by the Fire Department. 16. 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. 17. 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. 18. Amend Section F-517.2 Where required: of Article V as follows: a. Delete paragraph 1. in its text entirety to read as follows: 1. In all buildings. 19. 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 I-3. 2. Main exterior exit doors which are obviously and clearly identifiable as exits are not required to have "Exit" signs when approved. 20. 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 3/4 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 shall not be less than 3/8 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. The word "Exit" shall be clearly discernible when the sign illumination means is not energized. 21. 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 (53.82 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). 22. Add new Subsection F-604.1.3 of Article VI as follows: F-604.1.3 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 1 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. 23. Add new Subsection F-20800.4.1 of Articles XXVIII as follows: F-2800.4.1 Permit fees: The following permit and inspection fees shall accompany all applications; 7 1. The fee for installation of combustible or flammable liquid tanks that exceeds 660 gallons is $75.00. 24. 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. All new and existing storage tanks having a capacity in excess of 5,000 gallons, shall be equipped with an aqueous film foaming fire suppression system at the rim top capable of providing full surface fire protection. The system shall be designed in accordance with NFPA-15 and approved by the Fire Department. A suffident supply of foam shall be kept on- hand to provide correct firefighting flows for correct length of time needed to combat a fire at the facility. 25. 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 detectors. 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. 26. Add new Section F-2801.12 of Article ×XVIII as follows: 8 F-2801.12 Loading rack grounding/bonding: All new and existing loading racks for the transfer and/or loading of flammable/combustible liquids shall be equipped with an active grounding/bonding system. Such system shall require the physical contact of all components to the grounding/bonding 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 loading of produc~ in the event grounding/bonding is interrupted. 27. Add new Section F-3002.3 of Article XXX as follows: F-3002.3 Tanks prohibited: New bulk plants for the storage of liquefied petroleum gas is hereby prohibited. 28. Add new Section F-3004.5 of Article XXX as follows: F-3004.5 Fixed storage tank protection: Ail 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. 29. Add new Section F-3004.6 of Article XXX as follow: F-3004.6 Loading rack grounding/bonding: 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/bonding 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 ARTICLE II SECTION: 24.201 Automatic Detection and/or Extinguishment of Fire. 24.202 Storage and Location of Certain Matter. 24.205 Modifications. 24.204 New Materials~ Processes or Occupancies Which May Require Permits. 24.205 Appeals. 24.206 Permits Required. 24.207 Fire Lanes. 24.208 Definitions. 24.209 Penalties. 24.210 Obstructing Fire Lanes. Section 24.201 Automatic Detection and/or Extinguishment of Fire. A. Authority is hereby conferred upon the Chief of the Fire Depart~:nent 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 herein 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 maintenance of such systems l0 through no less than an annual inspection and testing 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. B. New bulk plants for flammable or combustible liquids are hereby prohibited. C. Bulk 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. Section 24.204 New Materials, Processes or Occupancies Which May Require 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 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 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. Section 24.206 Permits Required. 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 shall be made to the Bureau of Fire Prevention, and shall be accompanied by a drawing to scale showing the location as well as plans showing the type and nature of installafion or alteration. B. 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 capadty 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 fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) 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. Section 24.209 Penalties. refer to Section F-111.3 of the BOCA Basic Fire Prevention Code/1990 and the dollar amount for fines shall be not less 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 X.IV 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. FIRE PREVENTION CODE 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 duly authorized representative. FIRE DEPARTMENT: The Mount Prospect Fire Department. 14 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 Discharge 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. C. The Fire Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this Article. Section 24.303 Applicafion, Form. A. Application for permit to operate a display of fireworks in conformance with the terms of this Article shall be made in writing on forms provided by the Chief of the Mount Prospect Fire Department. B. Such application shall set forth: 1. The name of the organizafion 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 lines 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 or 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 display be fired within five hundred feet (500') of a school, church, hospital, or similar institution. 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 than two hundred feet (200') from the point at which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall be allowed 16 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 defiagration 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. II. 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 by the operator before he leaves the premises. 2. The operator, upon the conclusion of the display, shall make a complete and thorough search for any unfired fireworks or pieces which have failed to fire or function and shall dispose of them in a safe 17 manner. 3. Such search shall be instituted at the earliest possible time following the conclusion of the display, but in no event later than the first (2) hours of daylight which follow. J. 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 Qualifications of Operators. 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 ARTICLE IV SECTION: 24.401 Deactivation of Fire Suppression/Fire Alarm Systems. 24.402 Penalty for Response to False Alarms. 24.203 Definitions Section 24.401 Deactivation of Fire Suppression/Fire Alarm Systems. 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. Section 24.402 Penalty for Response to False Alarms. A. False alarms shall be defined as set forth as follows in Section 24.402 of this Village Code. B. If the Mount Prospect Fire Department responds to more than five (5) 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 8th false response: $300.00 9th false response: $400.00 10th or subsequent falserespons~ $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 B 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 notificafion. 24.403 Definitions. 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; 20 B. Malfunction of the alarm system; C. Improper installation or maintenance of the alarm system; D. Willful 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. Penalties. 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." FIRE PREVENTION CODE ARTICLE II SECTION: 24.201 Automatic Detection and/or Extinguishment of Fire. 24.202 Storage and Location of Certain Matter. 24.203 Modifications. 24.204 New Materials, Processes or Occupancies Which May Require Permits. 24.205 Appeals. 24.206 Permits Required. 24.207 Fire Lanes. 24.208 Definitions. 24.209 Penalties. 24.210 Obstructing Fire Lanes. 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 herein 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 maintenance of such systems l0 through no less than an annual inspection and testing 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. B. New bulk plants for flammable or combustible liquids are hereby prohibited. C. Bulk 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. Section 24.204 New Materials, Processes or Occupancies Which May Require 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 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 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. Section 24.206 Permits Required. 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 shall be made to the Bureau of Fire Prevention, and shall be accompanied by a drawing to scale showing the location as well as plans showing the type and nature of installation or alteration. B. 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 I0,000 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 fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) 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. Section 24.209 Penalties. refer to Section F-111.3 of the BOCA Basic Fire Prevention Code/1990 and the dollar amount for fines shall be not less 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 tive hundred dollars ($500.00) for each offense, plus costs. FIRE PREVENTION CODE 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 ~ CHIEF: The Chief of the Mount Prospect Fire Department or his duly authorized representative. FIRE DEPARTMENT: The Mount Prospect Fire Department. 14 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 Discharge 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 pyrotechffic 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. C. The Fire Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered 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 conformance with the terms of this Article shall be made in writing on forms provided by 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 lines or other overhead obs~uctions. 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 or 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 display be fired within five hundred feet (500') of a school, church, hospital, or similar institution. 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 than two hundred feet (200') from the point at which the fireworks are to be discharged. 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. I. 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 by the operator before he leaves the premises. 2. The operator, upon the conclusion of the display, shall make a complete and thorough search for any unfired fireworks or pieces which have failed to fire or function and shall dispose of them in a safe 17 manner. 3. Such search shall be instituted at the earliest possible time following the conclusion of the display, but in no event later than the first (2) hours of daylight which follow. J. 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 Qualifications of Operators. 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. FIRE PREVENTION CODE ARTICLE IV SECTION: 24.401 Deactivation of Fire Suppression/Fire Alarm Systems. 24.402 Penalty for Response to False Alarms. 24.203 Definitions Section 24.401 Deactivation of Fire Suppression/Fire Alarm Systems. 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 cofltinues shall be considered a separate offense. Section 24.402 Penalty for Response to False Alarms. A. False alarms shall be defined as set forth as follows in Section 24.402 of this Village Code. B. If the Mount Prospect Fire Department responds to more than five (5) 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 8th false response: $300.00 9th false response: $400.00 10th or subsequent falserespons~ $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 B 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. 24.403 Definitions. 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; 20 B. Malfunction of the alarm system; C. Improper installation or maintenance of the alarm system; D. Willful 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. Penalties. 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 TWO; That this Ordinance shall be in full force and effect from and after its passage, approval and Publication in pamphlet form as provided by law. AYES: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 5th day of January , 1993]. Village President ATTEST: Carol A. Fields Village Clerk