[Ord. 12-5-1966, § 1; Ord., 7-17-1972, § 1; Ord., 7-21-1980, § 1; Ord. 87-17, 11-16-1987, §§ 1, 3, 4, 5; Ord., 1-22-1990, § 2; Ord. 2003-12, 6-16-2003, § 1; Ord. 2017-36, 8-7-2017; Ord. 2017-37, 8-7-2017]
(a)
Adoption. A certain document three copies of which are on file in the Office of the Village Clerk of the Village, being marked and designated as the International Fire Code, 2003 edition, including all appendix chapters, as published by the International Code Council, be and is hereby adopted as the Fire Code of the Village of Elmwood Park for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the Office of the Village Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsections (b) and (c) of this section.
(b)
Amendments. The following sections are hereby revised as follows:
(1)
Section 101.1. Insert: "Village of Elmwood Park."
(2)
Section 109.3. Insert: "misdemeanor," "$750," and "six months," where
applicable.
(3)
Section 111.4. Insert: "not less than $500" and "not more than $750,"
where applicable.
(4)
Section 308.1.4, Open-flame cooking devices. Charcoal burners and
other open-flame cooking devices shall not be operated on combustible
balconies or within 10 feet (3,048 mm) of combustible construction.
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Exceptions:
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1.
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One- and two-family dwellings.
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2.
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The smoke generated by any open-flame cooking device on a balcony
shall not be a nuisance to any adjacent property, and any open-flame
cooking device that produces smoke that is reasonably objectionable
to any adjacent property, due to the size of the flame or atmospheric
or wind conditions, is prohibited. In the event that a resident complains
to the police or fire departments of the Village, the official in
charge shall make the determination as to whether any open-flame cooking
device or smoke therefrom is offensive, and upon determining that
any such open-flame cooking device or smoke is offensive, the open-flame
cooking device shall be extinguished by the owner or operator of the
open-flame cooking device.
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(5)
Insert Section 1103.7.6.1, Monitoring of Group R-2 Systems, as follows:
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Existing Group R-2 occupancies with more than three stories
in height or with more than 16 dwelling or sleeping units shall have
fire alarm systems that are monitored by an approved supervising station,
in accordance with NFPA 72, effective on or before July 30, 2019,
or whenever there is a change in ownership of the property at issue
(if ownership of the entire property changes (e.g. apartment building),
as opposed to individual owners owning individual units (condominiums)),
whichever occurs first.
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(6)
Insert Section 1103.7.6.2, Monitoring of Mixed Use Systems, as follows:
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Existing buildings or structures that have a non-residential
use mixed with a residential use shall have fire alarm systems that
are monitored by an approved supervising station, in accordance with
NFPA 72, effective upon a change in ownership of the property at issue
or upon a change in occupancy in the non-residential portion of the
property, whichever occurs first.
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(c)
Geographic Limits. The geographic limits referred to in certain sections
of the 2003 International Fire Code are hereby established as follows:
(1)
Section 3204.3.1.1. (The geographic limits in which the storage of
flammable cryogenic fluids in stationary containers is prohibited.)
Such storage is prohibited anywhere within the corporate limits of
the Village of Elmwood Park.
(2)
Section 3404.2.9.5.1. (The geographic limits in which the storage
of Class I and Class II liquids in above-ground tanks outside of buildings
is prohibited.) Such storage is prohibited anywhere within the corporate
limits of the Village of Elmwood Park.
(3)
Section 3406.2.4.4. (The geographic limits in which the storage of
Class I and Class II liquids in above-ground tanks is prohibited.)
Such storage is prohibited anywhere within the corporate limits of
the Village of Elmwood Park.
(4)
Section 3804.2. (The geographic limits in which the storage of liquefied
petroleum gas is restricted for the protection of heavily populated
or congested areas.) Such locations are restricted to areas zoned
B-2 or C-1, pursuant to the Zoning Ordinance of the Village of Elmwood
Park.
(d)
Saving Clause. Nothing in this section or in the International Fire
Code, 2003 edition, hereby adopted shall be construed to affect any
suit or proceeding pending in any court, or any rights acquired, or
liability incurred, or any cause or causes of action acquired or existing,
under any act or ordinance hereby repealed; nor shall any just or
legal right or remedy of any character be lost, impaired or affected
by this section.
(e)
Revisions Adopted. There is hereby adopted each and every revision
of said Code hereinafter made, said Code being revised annually by
the International Code Council, and a new and revised edition of the
Code being published every three years. Said revised Codes and all
supplements thereto, when adopted by the International Code Council,
shall supersede all other previous editions, supplements and printings
in conflict therewith. The provisions of such Codes shall govern all
matters covered therein to the extent that the same are not in conflict
with any provisions of this Village Code or other ordinances of the
Village.
[Ord. 7-6-1970, § 1; Ord. 11-21-1988, § 1]
All tanks used for storage of flammable or combustible liquids
shall be given a pressure test at the time of installation and a precision
test every 12 months thereafter. These tests shall be conducted by
a person or company qualified to make such tests. A written copy of
these test results shall be given to the State Fire Marshal's Office
within 10 days after the test is made. The limits of such tests shall
be specified by the "Fire Code official," as such term is defined
in the BOCA National Fire Prevention Code, but shall not be less than
the limits established by the State Fire Marshal's Office. The term
"precision test," as used in this section, means any test that takes
into consideration the temperature coefficient of expansion of the
product being tested as related to any temperature change during the
test, and is capable of detecting a loss of 0.05 gallon (190 mL) per
hour. A precision test chosen from currently available technology
to reasonably determine whether an underground liquid storage and
handling system is leaking shall be used, as approved by the Fire
Code official. This section shall supersede section F-2804.5 of the
BOCA National Fire Prevention Code, where such section is in conflict
with the provisions herein.
These provisions shall not be applicable to installation and
maintenance of a tank or tanks containing inflammable liquids when
such liquids are used solely for fuel for the purpose of heating a
building or other structures in or in conjunction with which such
tank or tanks are installed.
[Ord. 7-6-1970, § 1]
Any owner, manager, operator, user or custodian of a tank or tanks who fails to comply with the regulatory provisions of Section 19-1A of this chapter shall be subject to the following:
(a)
The Fire Marshal is hereby empowered to terminate any use of a tank
or tanks for which no test has been made or for which the results
of such tests, if made, do not meet the standards required, and such
termination of use shall continue until satisfactory test results
have been secured and approved by the Fire Marshal.
(b)
Any owner, operator, manager, user or custodian operating or using
any tank or tanks in violation of the foregoing shall be subject to
a fine of not less than $50 nor more than $200 for each offense and
each day such violation continues shall constitute a distinct and
separate offense.
[Ord. 87-17, 11-16-1987, § 6]
The Village Fire Prevention Code shall be enforced by the Bureau
of Fire Prevention, which is established under the Village Fire Department,
and which shall be operated under the supervision of the Fire Marshal.
The Village Manager, with the recommendation of the Fire Marshal,
shall appoint a Chief of the Bureau of Fire Prevention. The Fire Marshal
may detail such members of the Fire Department or other qualified
employees as shall, from time to time, be necessary to assist the
Chief of the Fire Prevention Bureau.
[Ord. 2016-26, 6-20-2016]
The use of any firepits within the Village shall be in compliance
with the following regulations:
(a)
Location of Firepits. All firepit fires must be in an Underwriters
Laboratories (UL) approved container, designed and manufactured for
that purpose, and must not be located less than 15 feet from any combustible
structure or materials (i.e., houses, garages, decks, woodpiles, etc.)
or combustible ground cover. Firepits shall be allowed on concrete
or masonry patios so long as they or their use otherwise complies
with this section. Firepits shall not be used on any combustible surface
or any balcony.
(b)
Adult Monitoring. The use of any firepit must be monitored constantly
by an adult, until extinguished. No individual under the age of 18
years shall be allowed to ignite, monitor, or extinguish any firepit.
(c)
Fire Extinguisher. An operable fire extinguisher (minimum 4-A rating)
or other means to extinguish a fire (i.e., a charged garden hose)
must be maintained at all times and be immediately available near
the location of the firepit.
(d)
Fuels. Fuel for any firepit shall consist of seasoned, dry firewood
or manufactured fire logs, only. Propane and other similar gases may
also be burned. No other gas or items, such as grass, leaves, branches,
tree limbs or other yard or construction waste shall be used as fuel
for any firepit.
(e)
Hours. The use of firepits shall be prohibited between the hours
of 12:00 midnight and 9:00 a.m.
(f)
Smoke Nuisance. The smoke generated by any firepit shall not be a
nuisance to any adjacent property, and any firepit that produces smoke
that is reasonably objectionable to any adjacent property, due to
the size of the fire or atmospheric or wind conditions, is prohibited.
In the event that a resident complains to the Police or Fire Departments
of the Village, the official in charge shall make the determination
as to whether any firepit or smoke therefrom is offensive, and upon
determining that any such firepit or smoke is offensive, the fire
shall be extinguished by the owner or operator of the firepit.
(g)
Penalty. Any person who violates any provision of this section shall
be subject to a fine of not less than $50 nor more than $750 for each
offense. Each day that the violation exists shall constitute a separate
offense. The imposition of any penalty for any offense under the provisions
of this section shall not be authorization for the continuance of
such violation, and all such persons cited under this section shall
be required to correct all violations immediately.
