HomeMy WebLinkAboutG83-95 (2) Ordinance No. G83-95
AN ORDINANCE
PROVIDING FOR THE ADOPTION OF THE 1990 BOCA NATIONAL
FIRE PREVENTION CODE AND FOR AMENDMENTS TO ELGIN MUNICIPAL
CODE, 1976, CHAPTER 16 . 28 ENTITLED "FIRE PREVENTION CODE"
WHEREAS, the City Council of the City of Elgin has
determined it is necessary and desirable to adopt the 1990
edition of the BOCA Basic Fire Prevention Code with certain
amendments thereto; and
WHEREAS, the City Council of the City of Elgin has
further determined that it is necessary and desirable to allow
for the limited use of aboveground storage tanks within the
City; and
WHEREAS, the City of Elgin is a home rule municipality as
defined in Article VII, Section 6A of the 1970 Constitution of
Illinois; and
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, the adoption of an ordinance providing for the
adoption of the 1990 edition of the BOCA National Fire
Prevention Code with amendments thereto and for the regulation
of the limited use of aboveground storage tanks within the
City pertain to the government and affairs of the City of
Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Section 16 . 28 . 010 of the Elgin Municipal
Code, 1976, as amended, be and is hereby further amended to
read as follows :
"16 . 28 . 010 ADOPTION OF FIRE PREVENTION CODE.
There is adopted by the city for the purpose of
prescribing regulations governing conditions
hazardous to life and property from fire or
explosion, that certain code known as the "BOCA
National Fire Prevention Code" published by the
Building Officials & Code Administrators
International Inc. , being particularly the 1990
edition thereof and the whole thereof, save and
except such portions as are hereinafter deleted,
modified or amended, of which code is 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 jurisdiction of the city. "
Section 2 . That Section 16 .28 . 020 of the Elgin Municipal
Code, 1976, as amended, be and is hereby further amended to
read as follows :
"16 . 28 . 020 FIRE PREVENTION BUREAU.
A. The Fire Prevention Code shall be enforced
by the Fire Prevention Bureau in the fire department
of the city, which is established and which shall be
operated under the supervision of the chief of the
fire department.
B. The fire marshal in charge of the Fire
Prevention Bureau shall be appointed by the city
manager upon the recommendation of the chief of the
fire department on the basis of his qualifications .
C . The chief of the fire department may detail
such members of the fire department as inspectors as
shall from time to time be necessary. The chief of
the fire department shall recommend to the city
manager the employment of technical inspectors .
D. A report of the Fire Prevention Bureau
shall be made annually and transmitted to the chief
executive officer of the municipality. It shall
contain all proceedings under this code with such
statistics as the chief of the fire department may
wish to include therein. The chief of the fire
department shall also recommend any amendments to
the code which, in his judgment, shall be desirable. "
Section 3 . That Section 16 .28 . 030 of the Elgin Municipal
Code, 1976 , as amended, be and is hereby further amended to
read as follows :
"16 . 28 . 030 DEFINITIONS .
A. Wherever the word "municipality" is used in
the Fire Prevention Code, it means the City of
Elgin, Illinois .
B. Wherever the term "corporation counsel" is
used in the Fire Prevention Code, it means the
corporation counsel or such assistant as may be
assigned by the corporation counsel .
C. Wherever the "code official" is mentioned
in the Fire Prevention Code, it means the chief of
the fire department or his designee. "
Section 4 . That Section 16 . 28 . 040 of the Elgin Municipal
Code, 1976, as amended, be and is hereby further amended to
read as follows :
"16 . 28 . 040 ESTABLISHMENT OF LIMITS OF DISTRICTS IN
WHICH STORAGE OF EXPLOSIVE AND BLASTING
AGENTS IS PROHIBITED.
The limits referred to in Section F-2601 . 0 of
the Fire Prevention Code, in which storage or
manufacturing of explosives and blasting agents is
prohibited, are established as follows : within the
corporate limits of the city. "
Section 5. That Section 16 .28 . 050 of the Elgin Municipal
Code, 1976 , as amended, be and is hereby further amended to
read as follows :
"16 . 28 . 050 STORAGE OF FLAMMABLE OR COMBUSTIBLE
LIQUIDS IN OUTSIDE ABOVEGROUND STORAGE
TANKS
A. Sections F2805 . 1 and 2805 . 3 of the Fire
Prevention Code are amended to read as follows : The
storage of flammable or combustible liquids in
outside aboveground tanks is prohibited within the
corporate limits of the city, except for those
facilities approved and existing at the effective
date of the ordinance codified in this chapter,
temporary storage at construction sites as permitted
in Section 16 .28. 055 and aboveground storage tanks
as permitted in Section 16 .28 . 056 . "
Section 6 . That Chapter 16 . 28 entitled "Fire Prevention
Code" of the Elgin Municipal Code, 1976 , as amended, be and is
hereby further amended by adding Section 16 . 28 . 056 to read as
follows :
" 16 . 28 . 056 . REGULATIONS FOR STORAGE OF FLAMMABLE OR
COMBUSTIBLE LIQUIDS IN OUTSIDE
ABOVEGROUND STORAGE TANKS .
A. The storage of flammable or combustible
liquids in outside aboveground storage tanks shall
be permitted as set forth in this section. All
aboveground storage tanks used for the storage of
flammable or combustible liquids shall be fire
protected tanks and shall otherwise conform to the
regulations of this section. A permit for the
installation of such aboveground storage tanks shall
be obtained from the city.
B. "Aboveground storage tank" means any one or
a combination of storage tanks, including connected
piping, that is used to contain an accumulation of
regulated substances, and the volume of which,
including the volume of the piping connected
thereto, is 90% or more above the surface of the
ground, as measured by volume, including but not
limited to a field erected tank, a rebuilt tank, a
shop fabricated tank or a storage tank situated in
an underground area including a basement or cellar
if the storage tank is situated on or above the
surface of the floor.
C. "Fire protected tank" means an inner tank
that is surrounded by a barrier that provides not
less than a two hour pool fire resistive rating,
that is impact resistant, that has integral or
external secondary containment, that contains a
liquid of flammable or combustible classification as
per N.F.P.A. whose exterior surface including
connecting piping and the surface beneath the tank
is monitored, and that is constructed and installed
in accordance with model fire code requirements and
with approval of the fire chief.
D. All aboveground storage tanks shall be
provided with physical barriers in the area where
the tanks are located in compliance with Section
F-2803 .4 of the Fire Prevention Code.
E . Each aboveground storage tank and each
special enclosure shall be surrounded by a clear
accessible space no less than three ( 3) feet in
width to allow for maintenance and inspection.
F. Aboveground storage tanks shall be limited
to two ( 2 ) such tanks at any location described as a
single zoning lot. Any aboveground storage tanks
containing any flammable or combustible liquid as
described by N.F.P.A. shall not exceed 2,500 gallons
individual or 5,000 gallons aggregate capacity at
any location described as a single zoning lot.
G. No liquid shall be stored in an aboveground
storage tank which has a flash point less than that
of gasoline.
H. Aboveground storage tanks shall be provided
with automatic fuel shut off devices capable of
stopping the delivery of fuel into the storage tank
at 90% of tank capacity.
I . Flammable or combustible liquids shall be
transferred from aboveground storage tanks by means
of fixed pumps so designed and equipped so as to
allow control of the flow and prevent leakage or
accidental discharge. Dispensing devices are
permitted to be installed on top of special
enclosures .
J. Aboveground storage tank and tank openings
for inspection and piping and vent connection shall
be through the top only. Approved antisiphon
devices shall be installed at each connection of
piping to a tank when such tank piping extends below
level of the top of such tank.
K. Each aboveground storage tank and each
special enclosure shall be separated from any
building, lot line and public way by no less than a
20 foot distance unless otherwise approved by the
fire chief .
L. Aboveground storage tanks shall not be
located in such a fashion that in the opinion of the
fire chief the tank constitutes a threat to life or
property or located in any residential zoning
district or on any property which adjoins a
residentially zoned lot, an assembly use, an
educational use or institutional use or other
location. The location of aboveground storage tanks
shall also comply with such additional and further
regulations as may be provided in the city' s zoning
ordinance and other requirements provided by law.
M. Aboveground storage tanks shall not be for
use by the general public nor shall any liquid
contained in an aboveground storage tank be
transferred into any type vessel or device to be
used or controlled by the general public .
N. Plans for aboveground storage tanks shall
be submitted to the fire chief for approval . Such
plans shall include a site plan showing the exact
location with relation to lot lines, utilities and
buildings . Details in said plans shall include all
pipe systems, pumping and transfer systems, tank
specifications and site protection including all
safety equipment and signage.
0. In the event of any conflict with the
regulations as provided for in this chapter and any
governmental regulations, the more restrictive
regulations shall apply and be enforced. "
Section 7 . That Section 1 .2O . O1OA of the Elgin Municipal
Code, 1976 , as amended, be and is hereby further amended to
read as follows :
"A. The word "officer" means police officers,
inspectors or agents of the fire department and
inspectors or agents of the Department of Code
Administration and Neighborhood Affairs . "
Section 8 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 9 . That this ordinance is in full force and
effect from and after its passage and publication in the
manner provided by law.
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;74Kevin Kelly, Mayo
Presented: November 8, 1995
Passed: November 8, 1995
Vote: Yeas 6 Nays 0
Recorded: November 9 , 1995
Published: November 9, 1995
Attest:
;9?-fl'UttAL_J4-C4A1
Dolonna Mecum, City Clerk