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G83-95 tek CITY OF ELGIN 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" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 8TH DAY OF NOVEMBER, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 9th day of November, 1995 . STATE OF ILLINOIS ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on November 8, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G83-95, entitled 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", which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G83-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on November 9 , 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on November 9, 1995 . 6V4-0-vr Municipa Clerk (SEAL) 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 eft. 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 emk 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 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 . emk 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 . oek C . Wherever the "code official" is mentioned in the Fire Prevention Code, it means the chief of the fire department or his designee. " em. 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 emk 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, ewk 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 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 . 20 . O10A of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : eft. Chapter 20 . 15 HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM 20 . 15 . 010 TITLE . This program shall be entitled the "Historic/Architectural Rehabilitation Grant Program" of the City of Elgin. 20 . 15 . 020 PURPOSE. The purpose of this ordinance is to provide a financial incentive to encourage private investment in the exterior rehabilitation and restoration of historically/architecturally significant residential structures, particularly those located in designated historic districts . 20 . 15 . 030 ESTABLISHMENT. There is hereby established an Historic/Architectural Rehabilitation Grant Program for the City of Elgin. Applications for program participation shall be processed in the order in which they are received. Grants for the program established may be made until funds budgeted for such use are exhausted. 20 . 15 . 040 ADMINISTRATION. The administration of the provisions of this chapter is hereby assigned to the Director of the Department of Code Administration and Neighborhood Affairs (Director) , or the Director' s designee. Applications hereunder shall be made to the Department of Code Administration and Neighborhood Affairs which shall have the authority and responsibility for carrying out the provisions of this chapter. The Director shall establish any reasonable rules and procedures not otherwise established by this chapter that are deemed necessary for administration of the Historic/Architectural Rehabilitation Grant Program. Such rules and procedures shall be written and published in pamphlet form. 20 . 15 . 050 HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM. e„. A. Eligible Activities . Grants for the exterior historic/architectural rehabilitation of historically significant residential structures shall be limited to actual out-of-pocket costs incurred in meeting the requirements of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings . Program participation and historic/architectural rehabilitation activities must result in full compliance with such standards as they apply to the exterior of the structure. In addition, eligible properties must be brought into full compliance with the current, adopted BOCA Property Maintenance Code prior to participation in the Historic/Architectural Rehabilitation Grant Program. B. Applicant Qualifications . Eligible applicants shall include any person who: 1 . Owns a lawful, conforming, historically/architecturally significant residential structure which is in compliance with all applicable codes and contains no more than four (4 ) dwelling units; and 2 . Is at least eighteen ( 18) years of age. " C. Grants . The amount of any grant shall be determined by the Director of the Department of Code Administration and Neighborhood Affairs, or the Director' s designee, in accordance with an approved estimate of cost for eligible exterior historic/architectural rehabilitation work. Grants shall be limited to fifty percent (50%) of eligible, approved project construction costs and applicable to a minimum of $5,000 and a maximum of $20,000, with no grant to exceed $10,000 . D. Partial Grants . Partial grants for completed historic/architectural rehabilitation activities may be allowed if the applicant' s financial ability to participate in the program is dependent upon the phasing of work. E. Conditions - Agreement Required. Program participation shall require the execution of an agreement between the applicant and the City of Elgin. The Director of the Department of Code Administration and Neighborhood Affairs, or the Director' s designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the applicant as follows : 1 . The applicant shall obtain a Certificate of Appropriateness for any tow construction work to be performed on the residential structure which is the subject of the agreement. 2 . The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and in conformance with the Certificate of Appropriateness within a twelve ( 12) month period from the date of the execution of the agreement. 3 . The applicant shall retain ownership of such rehabilitated structure for a period not less than twelve ( 12) months following the historic/architectural rehabilitation completion date as approved by the Director of the Department of Code Administration and Neighborhood Affairs, and may not convey such real property, in whole or in part, during said period. e'"' 20 . 15 . 060 PROGRAM - GENERAL. A. Evaluations Required. The Director of the Department of Code Administration and Neighborhood Affairs shall evaluate, or cause to be evaluated, all premises for which grants are sought pursuant to the terms of this ordinance for compliance with the current, adopted BOCA Property Maintenance Code, the Elgin Municipal Code (EMC) Title 19 - Zoning Ordinance, and any other applicable codes and ordinances . Such evaluation shall be made prior to the execution of any agreement for a grant in order to confirm compliance with codes and ordinances, and to determine the scope of the historic/architectural rehabilitation project. A second evaluation shall be made following completion of work, and prior to the payment of a final grant, to confirm compliance with the Secretary of the Interior' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and conformance with the Certificate of Appropriateness . B. Applications and Guidelines . The Director of the Department of Code Administration and Neighborhood Affairs, or the Director' s designee, is hereby authorized and directed to prepare and distribute the appropriate application forms and operational guidelines for the implementation of this ordinance. C. Limitations . Grants authorized under this chapter shall be limited to the reimbursement of actual expenses incurred for eligible historic/architectural rehabilitation work, shall be payable only upon satisfactory proof of payment for historic/architectural rehabilitation work, and shall be limited to the amount approved at the time of execution of the historic/architectural rehabilitation grant agreement. No grants shall be approved for any historic/architectural rehabilitation, repair, reconstruction, or accessibility improvement activities initiated or completed prior to the execution of the historic/architectural rehabilitation grant agreement. D. Failure to Perform. Failure to perform the obligations of the historic/architectural rehabilitation grant agreement shall require the applicant to make repayment of any grant monies received. E . Penalty for Misrepresentation. Any person who willfully makes any false statement or misrepresentation in obtaining a grant under the provisions of this chapter shall be subject to a fine of not less than one hundred ( 100) nor more than five hundred (500) dollars and shall forfeit the right to future participation in any property improvement program authorized under the Elgin Municipal Code. Such person shall also repay any monies received pursuant to this ordinance. 20 . 15 . 070 PROGRAM TARGET AREA DESCRIPTION. The area designated on the map attached to the ordinance codified in this title and made a part of this title by reference as Exhibit A, being the same Elgin historic district designated in the 1981 resolution adopted by the Elgin city council on March 11, 1981, is established and designated as a historic district pursuant to the terms and provisions of this chapter. Section 2 . That Chapter 20 . 04 entitled "Definitions" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 20 . 04 . 066 to read as follows : 20 . 04 . 066 HISTORIC/ARCHITECTURAL REHABILITATION. t ' The preservation and replacement of those portions and features, or the replacement of missing portions and features of a structure which tow contribute to its historic, architectural, and cultural value. Section 3 . That Chapter 20 . 04 entitled "Definitions" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding Section 20 . 04 . 067 to read as follows : 20 . 04 . 067 HISTORICALLY/ARCHITECTURALLY SIGNIFICANT RESIDENTIAL STRUCTURE. A residential structure listed as a significant or contributing structure, or a structure having the potential to be listed as a significant or contributing structure as a result of historic/architectural rehabilitation, within an Elgin Historic District; or a residential structure designated as a landmark, or listed in the National Register of Historic Places . Section 4 . That Chapter 20 . 04 entitled "Definitions" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 20 . 04 . 028 to read as follows : 20 . 04 . 028 CITY 10" The City Council of the City of Elgin. Section 5 . That Chapter 20 . 04 entitled "Definitions" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting Section 20 . 04 . 045 . Section 6 . That Chapter 20 . 04 entitled "Definitions" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 20 . 04 . 071 to read as follows : 20 . 04 . 071 LAWFUL, CONFORMING RESIDENTIAL STRUCTURE. A residential structure determined by the city to be lawful and conforming with respect to use under the Elgin Municipal Code (EMC) Title 19 - Zoning Ordinance. Section 7 . That Chapter 20. 04 entitled "Definitions" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 20. 04 . 078 to read as follows : 20 . 04 . 078 PROPERTY MAINTENANCE CODE. The Building Officials and Code Administrators Property Maintenance Code as amended and adopted by the City Council of the City of Elgin. Section 8 . That Chapter 20 . 04 entitled "Definitions" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 20. 04 . 091 to read as follows: 20 . 04 . 091 RESIDENTIAL STRUCTURE. A structure used exclusively as a dwelling unit and for other uses permitted as accessory to a dwelling unit under the Elgin Municipal Code (EMC) Title 19 - Zoning Ordinance. Section 9 . That Chapter 20 . 04 entitled "Definitions" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding Section 20 . 04 . 093 to read as follows : 20 . 04 . 093 STANDARDS FOR REHABILITATION. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as promulgated by the U.S. Department of the Interior, National Park Service, Preservation Assistance Division. Section 10 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are eft hereby repealed. Section 11 . That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. Kevin Kelly, Ma ler Presented: August 23, 1995 Passed: August 23, 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 24 , 1995 Published: Attest: Dolonna Mecum, City Clerk em-