Chapter 8-12
FIRE PREVENTION CODE1
Sections:
8-12-010 Fire Prevention Code adopted.
8-12-020 Life Safety Code adopted.
8-12-030 City code enforcement.
8-12-040 Definitions of terms.
8-12-090 Regulations of hazardous materials.
8-12-100 Hazardous materials—Definitions.
8-12-110 Liability for abatement of nuisance.
8-12-120 Storage or production of hazardous materials.
8-12-130 Movement of hazardous materials.
8-12-140 Disposal of hazardous materials.
8-12-150 Right to know—Disclosure requirements.
8-12-170 New materials, processes or occupancies which may require permits.
8-12-180 Fees for plans approval and special engineering studies.
8-12-190 Violations—Penalties.
8-12-010 Fire Prevention Code adopted.
A. Fire Prevention Code. There is adopted by the city council for the pi/pose of prescribing regulations governing conditions hazardous to life and property from fire or explosions, that certain code being marked and designated as the “BOCA National Fire Prevention Code, 1993 Edition,” as published by the Building Officials and Code Administrators International, Inc.
B. For reference purposes, not less than three copies are on file in the city clerk’s office and the same are adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city, except as changed, modified, added to, or deleted from by sections or subsections numbers as provided below:
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1. |
Subsection F-101.1 |
Insert: |
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Title: |
City of Harvey, Illinois. |
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2. |
Subsection F-102.2 |
Change subsection to read: |
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Referenced Standards: |
The standards referenced in this code and listed in Appendix A and applicable sections of Title 8 of the City of Harvey Municipal Codes, shall be considered part of the requirements of this code to the prescribed extent of such reference. Where differences occur between the provisions of this code and referenced standards, the most specific provisions shall prevail. |
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3. |
Subsection F-105.1 |
Change subsection to read: |
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Enforcement Officer: |
It shall be the duty and responsibility of the City of Harvey Fire Marshall to enforce the provisions of this code. The designated enforcement officer of this code is herein referred to as the code official. |
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4. |
Subsection F-105.4 |
Change title: |
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Deputy: |
Fire Prevention Officer: |
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5. |
Subsection F-107.2.3 |
Add subsection: |
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Failure To Obtain Required Permits: |
All application requiring a permit under the codes shall be submitted to the code official; failure to secure the required permits shall be cause to suspend all operations until the provisions of the codes are met. |
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6. |
Subsection F-112.1 |
Change subsection to read: |
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Notice of Violation: |
Whenever the code official or a designee of the code official, observes an apparent or actual violation to the provision of this code or other codes or ordinances of the City of Harvey; the official shall prepare written notice of the violation; describing the condition deemed unsafe with a thirty (30) day time requirement for repairs or corrections to be made or render the building, structure, site or premises safe and secure. Failure to carry out the order shall be grounds to suspend operations. |
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7. |
Subsection F-401.1 |
Change subsection to read: |
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General: |
A persons shall not cause or allow open burning as regulated under the City of Harvey Municipal Code, except as provided for in Sections F-401.2 through F-401.10. |
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8. |
Subsection F-311.4 |
Add subsection: |
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Established Fire Lane On Public And Private Properties: |
A listing of designed fire lanes shall be on file with the City Clerk’s Office, the Fire Department, the Police Department and the Building Department and shall be considered a part of this code. |
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9. |
Subsection F-311.2 |
Add second sentence: |
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Obstuctions: |
The fire official shall have the power to cause obstructions to fire lanes removed immediately at the expense of the obstructing party. |
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10. |
Subsection F-503.3 |
Second sentence delete: |
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Fire Standpipe: |
“six stories above grade” |
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11. |
Subsection F-1602.3 |
Delete subsection in its entirety. |
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Operational Fire Hazards |
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12. |
Subsection F-3201.3.2 |
Add subsection: |
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State Fire Marshal Permits Required |
A permit from the offices of the State Fire Marshal shall be obtained for the following: 1. To install, remove, repair, or alter in any way a stationary tank used for the storage of flammable or combustible liquids; or to modify or replace any line or dispensing device connected thereto. 2. For placing any flammable or combustible liquids stationary tank temporarily or permanently out of service and to replace said tank back in to service. |
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13. |
Section F-3205.5 |
Delete section in its entirety. |
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Fuel Dispensing Inside Building: |
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(Ord. 2928 § 2 (part), 1995)
8-12-020 Life Safety Code adopted.
A. Life Safety Code. There is adopted by the city council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosions, that certain code being known as the National Fire Protection Association Life Safety Code (NFPA 101), 1994 Edition, as published by National Fire Protection Association.
B. For reference purposes, not less than three copies are on file in the city clerk’s office, and the same are adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this section shall take effect, the provisions thereof shall be controlling within the limits of the city, except as changed, inserted, added to, or deleted from by section or subsections numbers as provided in this chapter. (Ord. 2928 § 2 (part), 1995)
8-12-030 City code enforcement.
A. Code Enforcement. The fire marshal and the director of planning and development/zoning shall coordinate efforts in meeting the objectives and intent of all municipality codes and ordinances.
B. Fire Department. It shall be the duty of all fire department officers, members, units, divisions, bureaus or designated representatives of the city fire marshal to enforce the provisions of the codes and contents of this chapter to their fullest extent under the law. For the purpose of enforcement and implementing the provisions of this chapter and this chapter only; members of the fire department are given authority equal to that of the Harvey police officer, provided however, that said member:
1. Shall not be subject to the statutory requirements of the police officer,
2. Shall not have the statutory privileges, nor the benefits of the regular members of the police department;
3. Shall not receive additional compensation for the enforcement of municipal codes;
4. Shall not have arrest authority, but shall exercise appropriate actions as expressed under the terms of the codes and this chapter,
5. Shall have no other power or authority other than as granted specifically herein. (Ord. 2928 § 2 (part), 1995)
8-12-040 Definitions of terms.
A. Whenever the words “Name of Jurisdiction” are used in the Codes, they shall be held to mean the city of Harvey, Cook County, Illinois.
B. Whenever the words “Limits of District” are used in the Codes or ordinance, they shall be held to mean the corporate limits and defined fire protection areas for the city of Harvey, Cook County, Illinois, and mutual agreed areas between communities.
C. Whenever the words “Legal Counsel of the Jurisdiction” are used in the Fire Prevention or Life Safety Code, they shall be held to mean the corporation counsel for the city of Harvey, Cook County, Illinois, or such special attorneys as may be appointed by the city council.
D. Whenever the words “Fire or Code Official” are used in the Fire Prevention or Life Safety Code, they shall mean the fire marshal of city of Harvey, Cook County, Illinois, or his designee.
E. Whenever the words “Authority Having Jurisdiction” are used in the Fire Prevention or Life Safety Code, they shall be held to mean the fire marshal for the city of Harvey, Cook County, Illinois or his designee.
F. Whenever the word “Permit” is used in the Codes, it shall be held to mean written application of intent submitted to the code official plus an application on file with the city clerk’s office for a city business license when applicable.
G. Whenever the term or phrase “Shall Be Stored And Handled So As To Be Reasonably Safe To Persons And Property” shall appear it shall mean that the fire official shall use the nationally accepted engineering or safety practices available.
H. Whenever the words “Fire Department Emergency Key Box or Hazardous - Material Information Units” are used, they shall be held to mean fire official approved locks, locking containers, boxes, cabinets or vault installed and maintained by the property owner or agent. (Ord. 2928 § 2 (part), 1995)
8-12-050 Limits of districts in which storage of explosives and blasting agents shall be limited or prohibited.
The limits of the districts in which the storage of explosives or blasting agents and supplies shall be limited or prohibited is defined as the entire area within the corporate limits of the city; except as shall be allowed by special written consent (permit) from the office of city fire marshal. (Ord. 2928 § 2 (part), 1995)
8-12-060 Establishment of limits in which installation, storage, sale, transportation and use of liquefied petroleum gases shall be limited or prohibited.
A. The storage, sale, transportation and use of liquefied petroleum gas shall be governed by the subscribed municipal codes, applicable state of Illinois laws and federal regulations. The fire marshal of the city shall have and is granted the authority to increase the requirements of said laws where the safety of life and property is endangered by the proposed or actual storage, sale, transportation or use of liquefied petroleum gas.
B. The limits in which bulk storage of liquefied petroleum gas (LPG) shall be prohibited is defined as the entire corporate limits of the city; except as shall be allowed by the office of the city fire marshal.
C. The limits of the district in which the permanent installation of liquefied petroleum gas (LPG) containers shall be prohibited are those areas zoned residential; or within one hundred (100) feet of such areas as defined by the zoning and planning ordinance for the city. (Ord. 2928 § 2 (part), 1995)
8-12-070 Limits of districts in which storage and use of flammable and combustible liquids shall be limited or prohibited.
A. The storage, transportation, handling, processing, sale and use of flammable and combustible liquids of all types shall be governed by the subscribed municipal codes, applicable state of Illinois laws and federal regulations. The fire marshal of the city shall have and is granted the authority to increase the requirements of said laws where the safety of life and property is endangered by the proposed or actual storage, transportation, sale or use of any type of flammable or combustible liquid.
B. The limits in which it shall be prohibited to store flammable or combustible liquids in aboveground tanks or to temporarily install such tanks, shall be defined as all residential, neighborhood commercial, downtown business and highway commercial districts in the corporate limits of the city; except as shall be allowed with special written consent (permit) from the office of the city fire marshal.
C. Those districts in which aboveground storage of flammable or combustible liquids may be permitted; aboveground storage shall be limited. (Ord. 2928 § 2 (part), 1995)
8-12-080 Establishment of fire department emergency key box and hazardous material information system.
A. A fire department emergency key box or hazardous material information unit shall be installed on all buildings and properties in which entry or access into an area is unduly difficult; due to secured openings, obstructed entry or where immediate access may be necessary for life saving or hazardous conditions. The fire official shall require emergency key boxes or hazardous material information units in the following instances:
1. Buildings regardless of use or occupancy containing six or more occupancies within the same structure which uses a common external exit access;
2. All occupancies required to have a fire alarm or sprinkler alarm system;
3. Any commercial or assembly structure without window openings and over forty (40) feet in depth. (Openings which are obstructed or covered to the extent that quick access or visibility inside is inhibited shall not be considered windows);
4. Each location required under federal, state, county or local regulation to report activities shall be surveyed for the installation of an on site hazardous material information unit.
B. The installation, enforcement dates, and box placement shall be as follows:
1. Immediately as to all new construction or redevelopment of sites and properties;
2. One year from the date of passage of the ordinance codified in this chapter as to all existing properties and sites; which will be evaluated for compliance with this section of the code;
3. The emergency key box shall be mounted six to eight feet above grade; within view of the main entry.
C. The placement of a hazardous material information box, shall be determined by the fire department as for location and the type of storage units. (Ord. 29284 2 (part), 1995)
8-12-090 Regulations of hazardous materials.
It is unlawful for any persons to discharge, abandon, store, transport or by other means expose the corporate limits of the city to the toxic effects of hazardous materials as regulated by the office of the city fire marshal and chief of police. To direct such persons, Sections 8-12-100 through 8-12-150 shall serve as a basic directives relating to such matters. (Ord. 2928 § 2 (part), 1995)
8-12-100 Hazardous materials—Definitions.
Unless the context otherwise clearly defines; the following definitions are established:
“Discharge” means leakage, seepage or other release.
“Facility, equipment or vehicles” includes private, governmental or commercial in nature whether by motor vehicle, truck, aircraft, railroad, boats, ships or any means of transportation, storage or use.
“Hazardous material” means any substance or material in a quantity or form determined by the Illinois Department of Transportation, the United States Department of Health, Education and Welfare, or by the United States Department of Transportation to be capable of posing an unreasonable risk to the health and safety to property.
“Hazardous materials routes,” as used herein, includes the following streets in the corporate limits of Harvey:
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147th Street |
(East/West) |
City limits to city limits |
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148th Street |
(East/West) |
Ashland to Loomis |
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150th Street |
(East/West) |
Loomis to Vincennes |
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152nd Street |
(East/West) |
Park to Halsted |
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153rd Street |
(East/West) |
Center to Park |
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155th Street |
(East/West) |
U.S. Post Office to Halsted |
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156th Street |
(East/West) |
Commercial to Halsted |
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157th Street |
(East/West) |
Commercial to Halsted |
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159th Street |
(East/West) |
City limits/city limits |
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163rd Street |
(East/West) |
Halsted to east city limits |
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167th Street |
(East/West) |
City limits to city limits |
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171st Street |
(East/West) |
Ashland to Halsted |
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Ashland Avenue |
(North/South) |
147th Street to 148th Street |
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Broadway Avenue |
(North/South) |
147th Street to 150th Street |
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Center Avenue |
(North/South) |
159th Street to 171st Street |
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Commercial |
(North/South) |
152nd Street to 157th Avenue Street |
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Dixie Highway |
(North/South) |
City limits to city limits |
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Halsted Street |
(North/South) |
City limits to city limits via Vincennes from 149th Street to 152nd Street |
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Lathrop Avenue |
(North/South) |
161st Street to 171st Street |
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Loomis Avenue |
(North/South) |
143rd Street to 150th Street |
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Morgan Avenue |
(North/South) |
149th Street to 152nd Street |
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Park Avenue |
(North/South) |
152nd Street to 161st Street |
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Spaulding Avenue |
(East/West) |
Ashland to Page |
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Wallace Avenue |
(North/South) |
147th Street to 149th Street |
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Wood Street |
(North/South) |
City limits to city limits |
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West Avenue |
(North/South) |
157th Street to 159th Street |
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I.C.G. Rail Road |
Right-of-way |
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B. & O. Rail Road |
Right-of-way |
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Grand Trunk Rail Road |
Right-of-way |
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Hazardous Materials Nuisance. The actual or threatened discharge of hazardous materials within the corporate limits of the city, or the actual discharge outside the corporate limits which permeates or discharge into any portion of corporate limits of the city is declared a nuisance.
“Person” means any natural person or individual, governmental body, firm, association, partnership, co-partnership, joint venture, company, corporation, joint stock company, trust, estate or any other legal entity, or their legal representative, agent or assigns and includes public or private utilities, government bodies or agencies other than the city, common carriers, railroads, airplanes and ships and boats.
“Toxic substance” means any substance, mixture or compound containing a substance or material which is listed in:
1. The Code of Federal Regulation, 29, C.F.R. 1910.1000 through 1910.1500, inclusive and amendments thereto;
2. The Illinois Revised Statutes, Chapter 48, Paragraph 2515 and amendments thereto;
3. The United States Department of Health and Human Services, Public Health Service National Toxicology Program, Second Annual Report on Carcinogens - December, 1981 and its periodic updates;
4. A list of toxic substances promulgated by the Director of the Illinois Department of Labor pursuant to Illinois Revised Statutes, and amendments thereto. (Ord. 2928 § 2 (part), 1995)
8-12-110 Liability for abatement of nuisance.
A. Any person who owns, leases, operates or controls any facility or equipment, whether by rail, air, land or water, or vehicles including private, governmental or commercial, from which a discharge of hazardous materials has occurred in the corporate limits of the city, shall be liable jointly and severally to the city for the expenses incurred by the city in connection with preventing, cleaning up or disposing of or attempting to prevent, clean up, or dispose of any such discharge or threatened discharge. This provision shall not release the owner of the hazardous materials from simultaneous liability for cleanup or disposal.
B. Any person who owns, leases, operates or controls any facility equipment, or vehicles from which a discharge of hazardous materials has occurred outside the corporate limits of the city, shall be liable jointly and severally to the city for any expenses incurred by the city in connection with preventing, cleaning up, or disposing of or attempting to prevent, clean up, or dispose of any such discharge. This provision shall not release the owner of the hazardous material from a severally liability for cleanup or disposal. (Ord. 2928 § 2 (part), 1995)
8-12-120 Storage or production of hazardous materials.
Every person who uses, produces or stores hazardous materials or toxic substances at any location within the corporate limits of the city, shall abide by and operate in the regulations and directives therefore promulgated by the Fire Prevention Code of the city as set forth and amended and shall abide by and operate in conformance with all of the provisions of Title III (Emergency Planning and Community Right to Know) of the Super Fund Amendment and Reauthorization Act (SARA) of the United States Code. (Ord. 2928 § 2 (part), 1995)
8-12-130 Movement of hazardous materials.
A. It is unlawful to move or transport in any way, any hazardous materials within the city except upon the streets heretofore designated as hazardous materials routes.
B. Every person who uses, produces or stores hazardous materials at a location not located on a designated hazardous materials route shall request from the city an access route to be taken to and from such location.
C. Every motor vehicle which displays or is required to display a hazardous materials placard, shall be operated within the city only on the routes established pursuant to the provisions of this chapter.
D. Every operator of a motor vehicle which displays or is required to display a hazardous materials placard and who does not know the hazardous material routes of the city or access route to and from a location in the city from which he is coming or to which he is destined, shall request direction concerning said routes from the receiver, the fire department or police department, before operating said vehicle in city.
E. No motor vehicle which displays or is required to display a hazardous materials placard shall be operated on any street within the city other than designed routes unless such vehicle is coming from or destined for a location with an approved access route as required herein.
F. The following vehicles are exempt from this section of the chapter:
1. Placarded vehicles making residential deliveries of home heating fuel;
2. Placarded vehicles making residential deliveries of medical supplies;
3. Placarded vehicles which are not required under the provisions of this chapter to request a hazardous materials access mute, that are picking up or delivering nonhazardous materials at a location within the city may use the most direct route to and from the location as close as possible to said location on the primary hazardous materials route or hazardous materials access route assigned to a business in the vicinity of said location. (Ord. 2928 § 2 (part), 1995)
8-12-140 Disposal of hazardous materials.
A. Prohibition. It is unlawful for any person to dispose of hazardous materials within the corporate limits of the city unless such disposal is conducted in accordance with applicable local, state and federal rules and regulations pertaining to disposal of such materials.
B. Declaration of Nuisance. The unlawful disposal of hazardous materials within the corporate limits of the city is declared a nuisance.
C. Liability for Abatement of Nuisance. Any person who engages in the unlawful disposal of hazardous materials within the corporate limits of the city is liable for any and all expenses in connection with cleaning up and lawfully disposing of said materials. (Ord. 2928 § 2 (part), 1995)
8-12-150 Right to know—Disclosure requirements.
Every person who uses, produces, transports or stores hazardous materials or toxic substances at a location within the corporate limits of the city shall provide the fire marshal of the city with all information concerning the use, production and storage of such materials which such a person is required to provide a local fire department under all governing laws and regulations enacted or promulgated from time to time by either the state of Illinois or United States of America and departments thereof. (Ord. 2928 § 2 (part), 1995)
8-12-160 Fire protection systems installation, operations, maintenance standards, and malfunctioning alarm charges.
A. Fire Protection Systems Requirements. All structures required under the codes of the city to have fire protection systems shall install, operate and maintain all equipment pursuant to the terms of the city codes. Occupancies listed herein shall be required to either directly connect to the city fire department communication center or use a fire protection monitoring service. The service company must be state licensed and a U.L. listed facility. Approval from the fire official shall be received prior to a system being placed in service.
Occupancies required to be monitored:
1. Assemblies (with an occupant capacity greater than five hundred (500) persons);
2. Educational facilities;
3. Health care facilities;
4. Board and care facilities;
5. Hotels/motels (with accommodations greater than thirty-five (35) units);
6. All high hazard occupancies.
B. Systems Monitoring and Service Companies. All fire protection systems required under the codes or owners opted systems (except one- and two-family residential) shall be provided monitoring. The fire official shall be provided with the names of both the monitoring and alarm service company.
The following definitions shall apply to this section:
1. Fire Protection Monitoring Service. Fire protection systems monitoring shall be provided by the city fire department communication center or a state-licensed, U.L.-listed facility. All companies providing such services shall be licensed or registered by the city clerk’s office.
2. Alarm and Service Companies. All companies providing servicing and/or monitoring of fire protection systems shall be licensed by the state of Illinois and registered with the city for such services. The fire official shall be consulted and notified prior to installation and monitoring of systems.
3. “Fire alarm user” means any person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein a fire protection system is maintained.
4. “Fire protection system” means any fire alarm device or system, or fire extinguishing device or system or their combination, which is designed and installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the fire department, or both, that a fire has occurred.
5. “Calendar quarter” means the three-month period beginning on January 1st, April 1st, July 1st and October 1st of each year, beginning with October 1, 1985.
6. “Malfunctioning fire alarm” means a false signal activated by mechanical or electronic means which indicates the existence of an emergency situation; when in fact no such emergency existed. Malfunctioning fire alarm shall include any apparatus connected to the fire protection system. A malfunctioning system shall not include alarms resulting from any of the following causes when documented evidence is submitted to the code official:
a. Fire causing structural damage to the protected premises verified by the fire department;
b. Earthquakes causing structural damage to the protected premises;
c. Hurricane winds causing structural damage to the protected premises;
d. Flooding to the protected premises due to overflow of natural drainage;
e. Lighting causing physical damage to the protected premises;
f. Telephone line malfunction verified in writing to the fire department by authorized telephone company supervisor within seven days of the occurrence;
g. Electrical service interruption verified in writing to the fire department by the local power company manager within seven days of the occurrence;
h. Plumbing or electrical malfunction unrelated to the fire protection system;
i. Human error in activating the fire protection system to create a fire alarm.
7. Charge For Response to Malfunctioning Fire Alarm Systems or Failure to Notify the Fire Department of Test and/or Repairs.
a. A fire alarm user shall be charged a service fee of two hundred fifty dollars ($250.00) when the fire department responds due to a fire protection system malfunction. These charges will be implemented after encountering two false signals in any calendar quarter. Payment of service charges shall be remitted to the city clerk’s office no later than thirty (30) days from the billing date.
b. In the event service charges are not paid in the specified time, the fire marshal shall direct the matter to the corporate counsel for action.
c. The city assumes no liability for:
i. Any defects in the operation of an alarm system;
ii. Inability or failure to assign a standard response to an alarm;
iii. The failure or neglect of any person in connection with the installation, operation or maintenance of an alarm system.
8. Transmission of False Alarms. The reporting of a false alarm to the fire department shall be prosecuted under the Illinois Revised Statutes. (Ord. 3370, 2019; Ord. 2928 § 2 (part), 1995)
8-12-170 New materials, processes or occupancies which may require permits.
The joint board of building code and fire prevention appeals board shall determine and specify, after giving the affected person an opportunity to be heard, any new materials, processes or occupancies, which shall require permits in addition to those which now are required in city codes. The code official shall retain a copy of all board decisions on file for distribution to interested persons at the established cost for reproduction. (Ord. 2928 § 2 (part), 1995)
8-12-180 Fees for plans approval and special engineering studies.
When plans or applications are submitted for approval under the codes or special engineering studies are deemed necessary by the fire official for the issuance of permits or licenses, said fee shall be the normal and customary fee charged by a firm with specialized expertise. After initial review by the fire official of submitted application and supporting documents, the applicant shall be informed of the required fee. (Ord. 2928 § 2 (part), 1995)
8-12-190 Violations—Penalties.
A. Any person, firm, association, partnership or others who shall violate the provisions of this chapter and the codes adopted shall be fined for each and every such violation and be respectively guilty of a misdemeanor; punishable by a fine of not less than fifty dollars ($50.00) per day nor more than one thousand dollars ($1,000.00) per day, or by imprisonment for not less than thirty (30) days nor more than one hundred eighty (180) days, or both fine and imprisonment.
B. In lieu of filing a complaint in the circuit court, a citation may be issued for violation to the codes and ordinance. Pre-payment of any fine shall not excuse the violator or permit continuation of the violations.
C. The application of the above penalty shall be in addition to the city’s power to take further corrective actions to depose of conditions which pose a threat to the health, safety and welfare of the city and its residents. (Ord. 2928 § 2 (part), 1995)
Prior history: Ord. 2701.