[1960 Code, Sec. 1.24.010]
There is hereby created a department of the municipal government
of the City, which shall be known as the "fire department", and shall
embrace the Mayor, committee on fire and water and the Fire Marshal,
and such other persons as the City Council may from time to time,
by ordinance, provide.
[1960 Code, Secs. 1.24.120, 1.24.130, 1.24.140, 1.24.150,
1.24.160, 1.24.170, 1.24.180, 1.24.200]
(A)
Appointment: There is hereby created the office of Fire Marshal of
the City. He shall hold his office for the term not exceeding one
year, and until his successor is elected and qualified. Said Fire
Marshal shall be appointed by the Mayor, by and with the advice and
consent of the City Council, at the first regular meeting of the Council
in each fiscal year or as soon thereafter as may be practicable.
(B)
Oath, Bond: The Fire Marshal shall, before entering upon the duties
of his office, take and subscribe the oath prescribed by law for City
officers; and shall execute a bond to the City in the penal sum of
$1,000, with sureties to be approved by the City Council, conditioned
for the faithful performance of the duties of his office.
(C)
Duties: The Fire Marshal shall be chief of the fire department and
in subordination to the Mayor, and shall have full command and control
over the fire department, and over the members thereof, He shall have
the general care and custody of the engines, trucks, hooks and ladders
and all other property and equipment belonging to the fire department,
and he shall personally attend to all repairs required to be made
upon the same.
(D)
Attend Fires And Command Department: He shall attend all fires within
the City and take command of the organization and shall see that the
several members of the fire department faithfully perform their respective
duties. With the concurrence of the Mayor or any two Aldermen, the
Fire Marshal may order the tearing down and removal of any building
or may direct the blowing up or destroying of any building, when it
shall be deemed necessary to check the progress of any fire.
(E)
Preferring Charges; Suspension: He may, either upon his own knowledge
or upon information communicated to him by others, prefer formal charges
to the board of fire commissioners against any member of the fire
department for incompetency, neglect of duty, disobedience of orders,
or violation of any of the standing rules and regulations of said
fire department; and he may also, pending such charges, suspend such
delinquent member or employee from duty and such suspension shall
continue in force until the charges can be investigated by the board
of fire commissioners, and final action taken thereon by said board.
(F)
May Call Posse Comitatus: Every person over the age of 18 years present
at any fire in the City shall be subject to the orders of the Fire
Marshal in extinguishing any fire and in removing and protecting property;
and, in case such person shall neglect or refuse to obey such orders,
he shall be liable to a fine of not exceeding $25 for each offense.
Provided, that no one shall be guilty as aforesaid unless said marshal
shall wear in plain sight his badge or other insignia of office.
(G)
Keep Books And Records: The Fire Marshal shall keep in a book to
be provided for that purpose, a full and accurate record of all transactions
in the fire department and of all property and equipment placed in
his charge or custody; and he shall annually, at the close of each
fiscal year, make a written report to the City Council, showing the
condition of the department under his management, together with a
complete list of all fires occurring in the City during the preceding
year, the date and location of each fire, the name of the owner of
the property damaged or destroyed, the cause of the fire, loss incurred
thereby, amount of insurance, and such other information and recommendations
as he may deem important.
(H)
Turn Over Property To Successor: Upon the expiration of his term
of office, or his resignation therefrom or removal therefrom, the
Fire Marshal shall, on demand, deliver to his successor in office,
all books, records, equipment and property of every description, in
his possession, belonging to the City or appertaining to his said
office.
[1960 Code, Secs. 1.24.220, 1.24.230, 1.24.240; Ord. 6, 5-20-1974]
(A)
Office Created: There are hereby created four offices of assistant
Fire Marshals of the City. Each such assistant Fire Marshal shall
hold his office for the term of one year and thereafter until his
successor is appointed and qualified.
(B)
Fire Department Membership Required: No person shall be permitted
to occupy the office of assistant Fire Marshal who is not a regular
member of the Lincoln fire department, having qualified under the
provisions of the statute creating the Board of Fire and Police Commissioners.
(C)
To Be In Charge In Absence Of Fire Chief: In addition to any other
duties required of said assistant Fire Marshals as regular members
of the fire department, they shall assist the Fire Chief as assigned,
and shall have charge of the fire department in the absence of the
Fire Chief.
[Ord. 5, 5-20-1974]
(A)
Office Created: There are hereby created three offices in the fire
department of the City, the occupants thereof to be designated as
fire captains. No person shall be permitted to occupy the office of
fire captain who is not a regular member of the fire department of
the City having undersigned under the rules and regulations of the
fire and police commission of the City.
(B)
Duties: The duties of the fire captains shall be such as assigned
by the Fire Chief and shall be in conformity with the rules and regulations
of the Board of Fire and Police Commissioners who shall select such
persons from among the membership of the fire department. The promotion
of a member of the fire department to a position of fire captain shall
in no way interfere with his civil service status.
[Ord. 134, 4-27-1982]
(A)
Fire Lieutenants Offices Created: There are hereby created three
offices in the fire department of the City, the occupants thereof
to be designated as lieutenants.
(B)
Qualifications: No person shall be permitted to occupy the office
of fire lieutenant who is not a regular member of the fire department
of the City having qualified under the rules and regulations of the
fire and police commission of the City.
(C)
Duties; Civil Service Status: The duties of the lieutenants shall
be such as are assigned to them by the Fire Chief and shall be in
conformity with the rules and regulations of the Board of Fire and
Police Commissioners who shall select such persons from among the
membership of the fire department. The promotion of a member of the
fire department to a position of lieutenant shall in no way interfere
with his civil service status.
[Ord. 189, 1-7-1985]
(A)
Fire Inspectors Positions Created: There are hereby created three
positions in the fire department of the City, the occupants of such
positions to be designated as fire inspectors. In the event one or
more of the fire inspectors are on a leave of absence. the Fire Chief
shall have the discretion to appoint a temporary fire inspector until
said leave of absence no longer exists.
[Amended 1-3-2022 by Ord. No. 2022-965]
(B)
Qualifications: No person shall be permitted to occupy the position
of fire inspector who is not a regular member of the fire department
of the City having qualified under the rules and regulations of the
fire and police commission of the City.
(C)
Duties; Civil Service Status: The duties of the fire inspectors shall
be such as are assigned to them by the Fire Chief and shall be in
conformity with the rules and regulations of the Board of Fire and
Police Commissioners who shall select such persons from among the
membership of the fire department. The selection of a member of the
fire department to a position as fire inspector shall in no way interfere
with his civil service status. There shall be no rank associated with
the position of fire inspector, and advancement in rank within the
fire department shall continue to be in accordance with the rules
and regulations of the Board of Fire and Police Commissioners.
[1960 Code, Sec. 1.24.260]
No fire engine or hook and ladder truck shall be driven to a
fire or alarm of fire in such manner as is calculated to endanger
the safety of persons or property in the streets or avenues of the
City. Any person found guilty of violating this section shall be fined
not less than $25 nor more than $100 to be paid by the person committing
such offense.
[1960 Code, Sec. 1.24.270]
It shall be unlawful for any person within the City to in any
manner interfere with or molest any member of the fire department
while such member shall be engaged in extinguishing any fire, or in
going to or returning from any fire, or to drive or propel or to cause
to be driven or propelled, any vehicle across any line of hose in
use by said department; or in any manner to impede the progress of
any fire engine, hook and ladder truck or other vehicle belonging
to or used by said department, when the same shall be proceeding to
or returning from a fire, or an alarm of fire; and all vehicles belonging
to or used by said department, when the same shall be proceeding to
or returning from a fire or an alarm of fire; and all vehicles belonging
to or used by said department while going to a fire or an alarm of
fire shall have the right of way as to all other vehicles in or upon
any street, avenue, alley or public place in the City. Any person
violating the terms and provisions of this section or any part thereof
shall be subject to a fine of not less than $5 nor more than $25 for
each offense.
[1960 Code, Sec. 1.24.280]
No private person shall, without obtaining the consent, in writing,
of the Mayor, use any hose or other fire apparatus belonging to the
City for any private purpose whatever, under a penalty of not less
than $3 nor more than $25 for each offense.
[1960 Code, Sec. 1.24.290]
No person shall be permitted to remove or take away any property
in custody of the fire department, saved from any fire, until proof
of the ownership thereof shall have been made to the satisfaction
of the Fire Chief.
[1960 Code, Sec. 1.24.300]
The Mayor, any Alderman, the Fire Chief or any member of the
police or fire departments of the City may, during the progress of
a fire, arrest any person found in the act of stealing or trespassing
upon any property, or wilfully breaking or injuring any engine or
other fire apparatus, or any person resisting or obstructing any member
of the fire department in the discharge of his duty.
[1960 Code, Sec. 1.24.310]
If any person shall have any grievance against any member of
the fire department as such, he may make a brief statement thereof
in writing under oath to the City Clerk. Upon or after the filing
of such complaint, it shall be the duty of the Board of Fire and Police
Commissioners to notify the member complained of to appear before
the board and answer to the charges made. They shall also give notice
to the person making the complaint of the time and place when and
where a hearing shall be had. At such time and place said board shall
hear evidence and hear and determine the charges made, in an orderly
and summary way. Upon good cause shown, the board, or a majority thereof,
may cause such member to be reprimanded or suspended from such department
for a reasonable time to be fixed in the judgment of said board, but
in no case exceeding six months.
[Ord. 253, 2-1-1988]
For the purpose of this section, "person" includes, but is not
limited to, an individual, group of individuals, partnership, firm
or corporation, as well as any agent thereof.
[Ord. 253, 2-1-1988]
No person shall bury, place, or maintain any underground storage
tanks or piping within the City limits before a proper permit is secured
from the fire inspector's office and/or Fire Chief of the City.
[Ord. 253, 2-1-1988]
All new construction shall have to meet the approval of the
office of the state Fire Marshal according to the Illinois administrative
code.
[Ord. 253, 2-1-1988]
Before any installation is covered from sight, notification
shall be given to the fire inspector's office and/or Fire Chief which
shall, within eight normal working hours after such notification,
inspect the installation and give approval if the requirements of
this section and other applicable ordinances have been satisfied.
The installer, in the presence of a fire inspector and/or Fire Chief,
shall subject the tank to be tested with five pounds of air pressure,
and all joints shall be checked for leaks with soap suds. Underground
tanks shall not be filled with flammable liquids until the tests mentioned
herein have been made with approval given.
[Ord. 253, 2-1-1988]
All underground tanks for the storage of flammable and combustible
liquids shall be registered within six months of the effective date
of this section. Said registration shall be made to the fire inspector
and/or Fire Chief in such form and detail as the fire inspector and/or
Fire Chief may prescribe. Said registration shall also be accompanied
by a plot plan showing to scale the size, dimension and location of
all such underground storage tanks, all existing structures on the
site, distance from lot lines, any existing sewer lines, and any other
pertinent plan or drawings required by the fire inspector and/or Fire
Chief for evaluation of the storage.
[Ord. 253, 2-1-1988]
All existing underground storage tanks and piping which have
been buried for more than five years at the time of the effective
date of this section shall be tested according to the criteria of
NFPA 329. This test will be performed by a person qualified to test
such underground storage tanks. This test will be performed within
one year of the adoption of this section. All underground storage
tanks and piping shall be tested according to NFPA 329 thereafter
once every three years. The fire inspector and/or Fire Chief can order
further inspections within 60 days after any major earthquake.
[Ord. 253, 2-1-1988]
A report of such test results shall be made and delivered to
the fire inspector and/or Fire Chief on or before 10 working days
from the date that the tests were completed at the site. If the report
of the tests indicates that said underground storage tank is found
in a satisfactory condition of tightness in accordance with NFPA 329,
the tank shall be approved by the fire inspector and/or Fire Chief
and a certificate of acceptability issued. If said storage tank is
found defective as a result of testing, the fire inspector and/or
Fire Chief shall order the same removed or remedied to pass the test.
The fire department shall post a notice prohibiting the use of such
defective storage tank until such defect or defects are eliminated
and corrected. A time on the repair will be set by the fire inspector
and/or Fire Chief when the notice is posted.
[Ord. 253, 2-1-1988]
For purposes of this Section 5-1-11-8, "abandonment" is defined as the relinquishing of the property to other uses or for one year of nonuse. However, if the owner of the property states that the property will be reused as a service station within a twelve-month period, the facility will not be considered abandoned until the end of a two-year period.
(A)
Tanks Made Safe: Temporarily out of service tanks may be left
in place up to one year provided that:
(B)
Permanent Abandonment (More Than One Year): Tanks abandoned
for more than one year shall be removed from the site. The process
for such abandonment shall be:
1.
Remove all flammable or combustible liquids from tank and from
connecting lines.
2.
Disconnect piping at all tank openings.
3.
Remove sections of connecting lines which are not to be used
further, and cap or plug all tank openings.
4.
Remove tanks from ground.
5.
After removal, the tank may be gas freed (vapors from the combustible
or flammable liquid from the tank are not present in a concentration
sufficient to support combustion) on the premises as required by NFPA
327 (1982) or may be transported to an area not accessible to the
public and the gas freeing completed at that location.
(C)
Disposal Of Tanks:
1.
If a tank is to be disposed of as junk, it shall be retested
for flammable vapors and, if necessary, rendered gas free (vapors
from combustible or flammable liquid from the tank are not present
in a concentration sufficient to support combustion). After junking
and before releasing to junk dealer, a sufficient number of holes
or openings (at least 2% of the total surface area of the tank) should
be made in it to render it unfit for further use. NFPA 327 (1982)
"Standard Procedures For Cleaning Or Safeguarding Small Tanks And
Containers", provides information on safe procedures for such operation.
2.
Notice of removal of abandoned tanks shall be given to the office
of the state Fire Marshal, division of fire prevention, either verbally
or in writing, giving the location of the underground tank, the size
of the tank, and any other information which would help identify which
tank has been removed if there is more than one tank underground at
that location.
(D)
Exception To Removal: Abandoned tanks filled with sand or pea
gravel prior to October 1, 1985, need not be removed.
[Ord. 253, 2-1-1988]
The fire inspector and/or Fire Chief shall give a minimum of 60 days' notice when a test is required under Section 5-1-11-6 of this chapter. Failure to test an underground storage tank after said notice shall subject the person to a fine of $25 per day for each day that said tanks are not inspected after the effective date of the notice.
