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G-1449 Ordinance No . G-1449 AN ORDINANCE COMPREHENSIVELY AMENDING CHAPTER 9 1/2 OF THE CITY CODE OF ELGIN , ENTITLED " FIRE PREVENTION CODE" AND ADOPTING BY REFERENCE THE FIRE PREVENTION CODE , 1970 ADDITION , RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN , ILLINOIS : Section 1 . That Chapter 9 1/2 of the City Code of Elgin , Illinois , be , and the same hereby is , comprehensively amended , in the following manner, to-wit : By repealing the present provisions of Chapter 9 1/2 in its entirety and inserting in lieu thereof, the following , to-wit: Chapter 9 1/2 FIRE PREVENTION CODE 9 . 5 - 101 - Adoption of Fire Prevention Code 9 . 5 - 102 - Establishment and Duties of Bureau of Fire Prevention . 9 . 5 - 103 - Definitions 9 . 5 - 104 - Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited , 9 . 5 - 105 - Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Aboveground Tanks is to be Prohibited . 9 . 5 - 106 - Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases is to be Restricted . 9 . 5 - 107 - Establishment of Motor Vehicle Routes for Vehicle Transporting Explosives and Blasting Agents . 9 . 5 - 108 - Establishment of Motor Vehicle Routes for Vehicles Transporting Hazardous Chemicals or Other Dangerous Articles 9 . 5 - 109 - Establishment of Fire Lanes on Private Property , Devoted to Public Use . 9 . 5 - 110 - Amendments Made to the Fire Prevention Code . 9 . 5 - 111 - Modifications . 9 . 5 - 112 - Appeals 9 . 5 - 113 - New Materials , Processes or Occupancies which may Require Permits . 9 . 5 - 114 - Penalties 9 . 5 - 115 - Conflicting Ordinances 9 . 5 - 116 - Validity 9 . 5 - 101 . Adoption of Fire Prevention Code : There is hereby adopted by the City of Elgin , Illinois , for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion , that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association , being particularly the 1970 edition thereof and the whole thereof , save and except such portions as are hereinafter deleted , modified or amended of which code not less than three ( 3) copies have been and now are filed in the All office of the Clerk of the City of Elgin , Illinois , and the same are hereby adopted and incorporated as fully as if set out at length herein , and from the date on which this ordinance shall take effect , the provisions thereof shall be controlling within the limits of the jurisdiction of the City of Elgin , Illinois . 9 . 5-102 . Establishment and Duties of Bureau of Fire Prevention : a . The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Elgin , Illinois , which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department . b . The Deputy Chief in charge of the Bureau of Fire Prevention shall be assigned by 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 Bureau of Fire Prevention 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 . 9 . 5- 103 . Definitions : a . Wherever the word "Municipality" is used in the Fire Prevention Code , it shall be held to mean the City of Elgin , Illinois . b . Wherever the term "Corporation Counsel " is used in the Fire Prevention Code , it shall be held to mean the Corporation Counsel or the City Attorney ( if assigned by the Corporation Counsel ) for the City of Elgin , Illinois . ( c) Wherever the Chief of Bureau . of Fire Prevention is mentioned in this code it shall mean the Deputy Chief in charge of the Bureau of Fire Prevention . 9 . 5-104 . Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited : The limits referred to in Section 12 . 5b of the Fire Prevention Code , in which storage of explosives and blasting agents is prohibited , are hereby established as follows : Fire Zone 1 as defined in Section 19- 105 ( a) of Chapter 19 of the City Code of Elgin , Illinois , and only outside of Fire District 1 in such areas within the corporate limits where such use is specifically permitted as a Special Use under the provisions and regulations of the Elgin Zoning Ordinance . 9 . 5 - 105 Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Aboveground Tanks is to be Prohibited : a . The limits referred to in Section 16 . 22a of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited , are hereby established as follows : Fire Zone 1 as defined in Section 19- 105 ( a) of Chapter 19 of the City Code of Elgin , Illinois , ( except those facilities approved and existing at the effective date of this Ordinance) . b . The limits referred to in Section 16 . 61 of the Fire Prevention Code , in which new bulk plants for the flammable or combustible liquids are prohibited , are hereby established as follows : Fire Zone 1 as defined in Section 19-105( a) of Chapter 19 of the City of Elgin , Illinois . r9 . 5 - 106 . Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted . The limits referred to in Section 21 . 6a of the Fire Prevention Code , in which bulk storage of liquefied petroleum gas is restricted , are hereby established as follows : Fire District 1 as defined in Section 19-105 ( a) of Chapter 19 of the City Code of Elgin , Illinois , and only outside of Fire District 1 in such areas within the corporate limits where such use is specifically permitted as a Special Use under the provisions and regulations of the Elgin Zoning Ordinance , 9 . 5- 107 . Establishment of Motor Vehicle Routes for Vehicles Transporting Explosives and Blasting Agents . The routes referred to in Section 12 . 7m of the Fire Prevention Code for vehicles transporting explosives and blasting agents are hereby established as follows : Route 25 - North and South Randall Road - North and South Illinois Tollway - East and West Route 20 By-Pass - East and West, 9 . 5- 108. Establishment of Motor Vehicle Routes for Vehicles rTransporting Hazardous Chemicals or Other Dangerous Articles . The routes referred to in Section 20 . 14 of the Fire Prevention Code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows : Those routes defined in Section 9 . 5- 107 preceding , with the exception necessary deliveries , not otherwise prohibited by law , may be made from said routes to establishments or locations within the corporate limits of the City of Elgin , Illinois . 9 . 5-109 . Establishment of Fire Lanes on Private Property , Devoted to Public Use : The fire lanes referred to in Section 28. 16 of the Fire Prevention Code are hereby established as follows : Those locations and areas as designated and determined by the Fire Chief of the City of Elgin , who shall immediately upon making such determination give written notice to the property owner of such determination . 9 . 5- 110 . Amendments Made to the Fire Prevention Code : 9 . 5- 111 . Modifications : The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions 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 Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. 9 . 5- 112 . Appeals : Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a 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 has been misconstrued or wrongly interpreted , the applicant may appeal from the decision of the Chief of the Bureau of Fire Prevention to the CIty Manager within 30 days from the date of the decision appealed , 9 . 5- 113 . New Materials , Processes or Occupancies which may Require Permits : The City Manager , the Chief of the Fire Department and the Chief 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 Bureau of Fire PRevention shall post such list in a conspicuous place in his office , and distribute copies thereof to interested persons 9 . 5-114 . Penalties . a . Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith , or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder , or any certificate or permit issued thereunder , and from which no appeal has been taken , or who shall fail to omply with such an order as affirmed or modified by the City Manager or by a court of competent jurisdiction , within thytime fixed herein , shall severally for each and every such violation and noncompliance respectively , be guilty of a misdemeanor , punishable by a fine of not more than $500000 or by imprisonment for not more than 6 months or by both such fine and imprisonment , The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified , each ten days that prohibited conditions are maintained shall constitute a separate offense, b . The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions . 9 . 5- 115 . Conflicting Ordinances . In all instances where the provisions of this Code shall conflict with specific provisions of other codes of the City of Elgin regulating the same subject r matter , the more stringent or restrictive provision shall prevail . 9 . 5- 116 . Validity : The invalidity of any section or provision of this ordinance , or of the Fire Prevention Code , recommended by the American Insurance Association , hereby adopted by reference , shall not invalidate other sections or provisions thereof . Section 2 . That nothing in this ordinance or in the Fire Prevention Code hereby adopted shall be construed to affect any suit or proceeding now pending in any court , or any rights acquired or liability incurred , nor any cause or cause of actions accrued or existing under any act or ordinance repealed hereby nor , shall any right or remedy of any character be lost , impared or affected by this ordinance . Section 3 . That this ordinance shall be in full force and effect from and after its passage as provided by law and shall be published in pamphlet form by authority of the City Council . W. L . °Pars—hienb'erger '" (ayoft Presented : June 9, 1971. Passed : ..,Lt ; ty '� Vote : Yeas Nays : Recorded : j Published : Attest: MArgiaret A. Stabs (Sig,&t. re Margaret A . Shales , City Clerk .