G18-98 Ordinance No. G18-98
AN ORDINANCE
AMENDING CHAPTER 16 . 28 ENTITLED FIRE PREVENTION CODE OF THE
ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
WHEREAS, the City of Elgin may adopt by reference any
published compilation of rules and regulations prepared by a
nationally recognized technical trade or service association
pursuant to the provisions of Article 1 , Division 3 of the
Illinois Municipal Code ( 65 ILCS 5/1-3-1 et seq. ) ; and
WHEREAS, the BOCA National Fire Prevention Code, Tenth
Edition, 1996 establishes minimum regulations 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; and
WHEREAS, the City Council of the City of Elgin has
determined it is necessary and desirable to adopt the BOCA
National Fire Prevention Code, Tenth Edition, 1996 as published
by the Building Officials & Code Administrators International,
Inc . , with the additions, insertions, deletions and changes
prescribed in this ordinance; and
WHEREAS, one copy of the BOCA National Fire Prevention
Code, Tenth Edition, 1996 has been on file with the City Clerk
for more than thirty days preceding the passage of this
ordinance, in accordance with Section 1-3-2 of the Illinois
Municipal Code ( 65 ILCS 5/1-3-2 ) .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 16 . 28 , Section 16 .28 . 010 of the
Elgin Municipal Code, 1976 , as amended, be and is hereby
amended to read as follows :
16 . 28 . 010 ADOPTED-EXCEPTIONS.
That a certain document, one ( 1 ) copy of which is on file
in the office of the City Clerk of the City of Elgin, being
marked and designated as the BOCA National Fire Prevention
Code, Tenth Edition, 1996 as published by the Building
Officials and Code Administrators International, Inc . , be and
is hereby adopted as and shall be known as the Fire Prevention
Code of the City of Elgin for establishing minimum regulations
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; and each and all of the regulations,
0,,, provisions, penalties, conditions and terms of said Fire
Prevention Code are hereby referred to, adopted, and made a
part hereof, as if fully set out in this ordinance, with the
additions, insertions, deletions and changes prescribed in this
chapter.
Section 2 . That Chapter 16 . 28 , Section 16 . 28 . 020 ,
entitled Fire Prevention Bureau, shall be amended to read as
follows :
A. The Fire Prevention Code shall be enforced by
the Fire Prevention Bureau of the City of Elgin Fire
Department, sometime referred to in this chapter as the
fire department, 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 or her 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 judgement, shall be
desirable.
Section 3 . That Chapter 16 . 28, entitled Fire Prevention
Code of the Elgin Municipal Code, 1976 , as amended, be and is
hereby amended by amending Section 16 . 28 . 030 to read as
follows :
16 . 28 . 030 ADDITIONS, INSERTIONS AND CHANGES .
The BOCA National Fire Prevention Code, Tenth Edition,
1996 is amended and revised in the following respects :
Section F-101 . 1 , entitled Title, shall be amended to read
as follows :
These regulations shall be known as the Fire
Prevention Code of the City of Elgin, hereinafter referred
to as this code.
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,. Section F-104 . 2 , entitled Modifications, shall be amended
to read as follows :
The fire marshal of the fire prevention bureau shall
have the right to vary or modify the provisions of this
chapter upon written application by the owner or lessee,
or the duly authorized agent of the owner or lessee, when
there are practical difficulties involved in complying
with the provisions of this chapter, provided that the
spirit and intent of the law is observed, and public
health, safety and welfare are ensured. Any such variance
or modification of this chapter approved by the fire
marshal of the fire prevention bureau shall be entered
into the records of the department and a signed copy of
such decision shall be furnished the applicant.
Sections F-105 . 2 , F-105 . 3, F-105 . 4 , F-105 . 5, F-105 . 6 ,
F-105 . 7 and F-105 . 8, entitled Enforcement Authority, shall be
deleted in their entirety.
Section F-107 . 2 . 3 and Table F-107 . 2 . 3, entitled Permits,
shall deleted in their entirety.
Section F-112 . 3, entitled Penalty for Violation, shall be
amended to read as follows :
e" Any person who shall violate any of the provisions of
this chapter or fail to comply with any order issued
pursuant to any section of this chapter shall be guilty of
an offense, and upon conviction thereof shall be punished
by a fine of not less than fifty dollars ( $50 . 00 ) nor more
than five hundred dollars ( $500 . 00) . Each day that a
violation continues after due notice has been served shall
be deemed a separate offense.
Section F-113 . 1, entitled Means of Appeal, Application for
Appeal, shall be amended to read as follows :
Any person shall have the right to appeal a decision
of the fire marshal of the fire prevention bureau to the
city manager. The applicant shall file a written appeal
from the decision of the fire marshal of the fire
prevention bureau to the city manager within thirty days
from the date of the decision being appealed.
Sections F-113 . 2 , F-113 . 2 . 1, F-113 . 2 . 2 , F-113 . 2 . 3,
F-113 . 2 . 4 , F-113 .2 . 5, F-113 . 2 . 6 , F-113 . 3, F-113 . 4 , F-113 . 4 . 1,
F-113 . 5, F-113 . 6 , F-113 . 6 . 1, F-113 . 6 . 2 and F-113 . 7 , entitled
Means of Appeal, shall be deleted in their entirety.
Section F-311 . 1, entitled Fire Lanes, Designation, shall
be amended to read as follows :
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Public and private fire lanes deemed necessary for
low the efficient and effective operation of fire apparatus
shall be designated by the fire chief of the fire
department who shall immediately upon making such
determination give written notice to the property owner of
such determination.
Section F-403 . 1, entitled Open Burning, General , shall be
amended to read as follows :
A person shall not cause or allow open burning unless
approved in accordance with Sections 9 . 28 . 130 and 9 .28 . 135
of this code and in accordance with this chapter.
Section F-519 . 2 ( 1) , entitled Portable Fire Extinguishers,
Where Required, shall be amended to read as follows :
In all occupancies in Use Groups A-1, A-2 , A-3, A-4,
B, E, I-2 , M, R-1 and H.
Section F-3001 . 10, entitled Explosives, Ammunition and
Blasting Agents, Scope, with the exception of the subparagraph
entitled Exceptions and subparagraphs one through six,
inclusive, shall be amended to read as follows :
ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF
EXPLOSIVES AND BLASTING AGENTS IS PROHIBITED.
The equipment, processes and operations involved in
the manufacture, possession, sale, storage, handling or
disposition of explosive and blasting materials is
prohibited within the corporate limits of the city. The
equipment and operations involving the transportation,
maintenance and use of explosive and blasting materials
shall comply with the requirements of Chapter 23 of the
Fire Prevention Code and with the provisions of this
chapter and NFPA 495 and DOTn 49 CFR listed in Chapter 44
of the Fire Prevention Code.
Sections F-3001 . 2 ( 1 ) , F-3001 . 2 (4 ) and F-3001 . 2 ( 5) ,
entitled Explosives, Ammunition and Blasting Agents, Approval
Required, shall deleted in their entirety.
Section F-3005 . 1, entitled Explosives, Ammunition and
Blasting Agents , Vehicle Routing, shall be amended to read as
follows :
ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES
TRANSPORTING EXPLOSIVES AND BLASTING AGENTS .
Vehicles transporting explosive materials shall
utilize the following routes within the city:
A. Illinois Route 25, north and south;
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B. Randall Road, north and south;
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C . Illinois Tollway (U.S . Interstate 90) , east and
west;
D. U. S . Route 20 By-Pass, east and west.
ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES
TRANSPORTING HAZARDOUS CHEMICALS OR OTHER DANGEROUS
ARTICLES .
Vehicles transporting hazardous chemicals and other
dangerous articles shall utilize the following routes
within the city:
A. Illinois Route 25, north and south;
B. Randall Road, north and south;
C. Illinois Tollway (U.S. Interstate 90) , east and
west;
D. U. S . Route 20 By-Pass, east and west.
Exception: Necessary deliveries not otherwise
prohibited by law to establishments or locations
within the corporate limits of the city which can be
accessed by utilizing the routes designated in this
section.
The Section of Table F-3201 . 4 regulating Outside Storage
shall be deleted in its entirety.
Section F-3207 . 1, entitled Above-Ground Storage Tanks,
General, shall be 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. The temporary storage
of flammable or combustible liquids in above-ground
storage tanks at construction sites and the storage of
flammable or combustible liquids in above-ground storage
tanks shall be permitted in accordance with the provisions
of this chapter.
TEMPORARY USE OF ABOVE-GROUND FLAMMABLE LIQUID STORAGE
TANKS AT CONSTRUCTION SITES .
A. The use of temporary aboveground storage tanks
for flammable liquids as described herein shall be
limited to construction sites of a size not less than four
unit multiple-dwelling facilities or industrial
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structures . A permit for installation of such tanks shall
be obtained from the city. Such installation to be made
no sooner than seven calendar days prior to the actual
commencement of construction.
B. Storage shall be limited to three hundred
gallons or less .
C. Containers shall be stored outside buildings and
shall be of single compartment design constructed
throughout of fourteen gauge metal or heavier and made
vapor tight by welding of equivalent construction.
1 . A fill opening shall be provided and shall
be equipped with a closure designed so that it may
be locked.
2 . A vent shall be approved to relieve such
vacuum or pressure as will develop in normal
operation or from exposure to fire, such vent shall
have a free opening of one and one-half inches in
diameter.
3 . Containers shall be kept outside and at
least fifty feet from any building or combustible
storage and shall be so located or such additional
distance to building shall be provided as will insure
that no vehicle, equipment or vessel being filled
directly from such container shall be closer than
fifty feet to any building.
D. Containers as above may be of either of the
following types :
1 . Containers with Top Openings Only.
Containers constructed and located as provided above
may be designed with all openings in the top of the
tank and in such event shall be mounted and equipped
as follows : Containers shall be mounted on timbers or
blocks approximately six inches in height so as to
protect the bottom of the container from corrosion
from contact with the ground, and when so placed to
be in a stable position. Containers shall be quipped
with a tightly and permanently attached approved
pumping device, having an approved hose of sufficient
length for filling vehicles or equipment to be served
from the container. Either the pump or the hose shall
be equipped with a padlock to its hanger to prevent
tampering. An effective anti-siphoning device shall
be included in the pump discharge. Siphons or
internal pressure discharge devices are prohibited.
2 . Container Elevated for Gravity Discharge.
Containers constructed and located as above may be
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designed with an opening in the bottom or the end of
the tank for gravity dispensing of flammable liquids
and shall be mounted and equipped as follows :
Supports to elevate the tank for gravity discharge
shall be of noncombustible materials and of adequate
strength and design to provide stability. Bottom
opening for gravity discharge shall be equipped with
an internal safety valve, which will close
automatically in the event of fire through the
operation of an effective heat releasing device and
which likewise may be quickly operated manually. The
gravity discharge outlet shall be provided with an
approved hose equipped with a self-closing valve at
the discharge end, of a type that can be padlocked to
its hanger to prevent tampering.
E. Marking of Containers . Containers for the
storage of flammable liquids shall be conspicuously marked
with the name of the product which they contain and
"FLAMMABLE-KEEP FIRE AND FLAME AWAY" . Containers shall
bear the additional marking "KEEP 50 FEET FROM BUILDINGS" .
Clearance of fifty feet from buildings shall apply to all
combustible structures . Temporary containers for the
storage of flammable liquids shall be drained and removed
from premises within thirty days of the termination of use
of the equipment for which required, and in all cases at
the completion of construction.
Section F-3207 . 1, entitled Regulations for the Storage of
Flammable or Combustible Liquids in Exterior Above-Ground
Storage Tanks, General, shall be amended to read as follows :
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" shall mean 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 percent
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.
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„. C . "Fire protected tank” shall mean 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 by the NFPA and where an
exterior surface including connecting piping and the
surface beneath the tank is monitored, and that is
constructed and installed in accordance with requirements
of this chapter and with approval of the fire chief .
D. All above-ground storage tanks shall be provided
with physical barriers in the area where the tanks are
located in compliance with Section 3207 . 5 . 1 of this
chapter.
E . Each above-ground 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. Above-ground storage tanks shall be limited to
two (2 ) such tanks at any location constituting a single
zoning lot within the meaning of this code. Any
above-ground storage tanks containing any flammable or
combustible liquid as described by NFPA shall not exceed
e* 2 , 500 gallons individual or 5,000 gallons aggregate
capacity at any location described as a single zoning lot
within the meaning of this code.
G. No liquid shall be stored in an above-ground
storage tank having a flash point less than that of
gasoline.
H. Above-ground storage tanks shall be provided
with automatic fuel shut off devices capable of stopping
the delivery of fuel into the storage tank at 90 percent
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. Above ground storage tank and tank openings for
inspection and piping and vent connection shall be through
the top only. Approved anti-siphon 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 above-ground storage tank and each special
enclosure shall be separated from any building, lot line
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and public way by not less than a 20 foot distance unless
otherwise approved by the fire chief .
L. Above-ground storage tanks shall not be located
in any manner constituting a threat to life or property.
The location of above-ground 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. Above-ground storage tanks
may be located on any city property regardless of the
zoning district in which the city property is located.
M. Above-ground storage tanks shall not be utilized
by the general public nor shall any liquid contained in an
above-ground storage tank be transferred into any type
vessel or device to be used or controlled by the general
public .
N. Plans for above-ground 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.
tow O. In the event of any conflict with the
regulations as provided for in this chapter and any other
state or federal regulations , the more restrictive
regulations shall apply and be enforced.
Section F-3207 . 3, entitled Above-Ground Storage Tanks,
Maximum Outside Fuel Storage Above Ground, shall be deleted in
its entirety.
Section F-3207 . 5 . 1, entitled Above-Ground Storage Tanks,
Barrier Protection, shall be amended to read as follows :
Physical barriers complying with Section F-3205 . 4 of
this chapter shall be provided to protect the area where
tanks, except those installed in special enclosures which
afford equivalent protection, are located.
Section F-3207 . 5 . 3, entitled Above-Ground Storage Tanks,
Capacity Limits , shall be deleted in its entirety.
Section F-3601 . 2, entitled Liquefied Petroleum Gases ,
Approval Required, shall be amended to read as follows :
Approval shall be required for each installation of
liquefied petroleum gas utilizing storage containers
exceeding 30 gallons ( 115L) individual water capacity, and
O"" where the combined container quantity exceeds 60 gallons
(230L) regardless of individual container size . The Fire
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Prevention Bureau shall be notified twenty-four (24 ) hours
in advance of any installation or abandonment of approved
systems .
Section F-3601 . 2 . 3, entitled Liquefied Petroleum Gases,
Temporary Installations, shall be created to read as follows :
Temporary Installations : All temporary liquefied
petroleum gas installations shall be approved by the code
official and must comply with NFPA Pamphlet 58, listed in
Chapter 44 of this chapter, regarding temporary
installations .
Section F-3601 . 2 . 2 , entitled Liquefied Petroleum Gases,
Plans for Fixed or Permanent Installations, shall be created to
read as follows :
Plans shall be submitted to the Office of the
Illinois State Fire Marshal and the Fire Prevention Bureau
before construction when utilizing storage containers of
over 2, 000 gallon individual water capacity or when the
aggregate water capacity exceeds 4 , 000 gallon, and of
container filling plants regardless of tank capacity.
Section F-3603 . 2 , entitled Liquefied Petroleum Gases,
Terminals, Plants, Refineries and Tank Farms, shall be amended
e"'. to read as follows :
Terminals bulk plants and refineries, and tank farms
are prohibited within the corporate limits of the city
with the exception those approved and existing
installations at the effective date of the ordinance
codified in this chapter.
Section F-3604 . 1, entitled Tank Container Systems, Above
Ground, shall be amended to read as follows :
A. Above-ground tank container systems connected
for use in any quantity shall be:
1 . Permitted solely within GI General
Industrial Zoning Districts, as defined within this
code, and shall be located in accordance with
Sections F-3604 . 1 . 1 through F-3604 . 1 . 3, inclusive,
and Table F-3604 . 1 of this chapter. Above-ground tank
container systems connected for use in any quantity
may be erected on any city property regardless of the
zoning district in which the city property is
located.
2 . Limited to 4 , 000 gallon aggregate water
capacity.
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3 . Located not closer than 500 feet to the
nearest residential or assembly zoned lot .
B. Liquefied petroleum gas tank installations in
excess of 4 , 000 gallon aggregate water capacity shall be
installed underground in GI General Industrial Districts .
Section F-3605 . 1, entitled Container Storage, Location,
shall be deleted in its entirety.
Section F-3605 .2, entitled Container Storage, Multiple
Containers, shall be deleted in its entirety.
Section 4 . That Chapter 16 . 28, Section 16 . 28 . 040,
entitled New Materials, Processes or Occupancies Which May
Require Permits, shall be created to read as follows :
The city manager, the chief of the fire department,
and the fire marshal of the fire prevention bureau 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 this
chapter. The findings and decision of any such committee
meeting shall be prepared by the fire marshal of the fire
prevention bureau and such written findings and OFjb' shall be posted in a conspicuous place in the office of
the fire marshal of the fire prevention bureau and the
city clerk. Copies of such findings and decision shall be
distributed to any interested person.
Section 5 . That Chapter 16 . 28, Section 16 . 28 . 150,
entitled Conflicts With Other Provisions, shall be created to
read as follows :
When a provision of this chapter conflicts with any
other provision of the Elgin Municipal Code regulating the
same subject matter, the more stringent or restrictive
provision shall apply.
Section 6 . That Chapter 16 . 28 entitled Fire Prevention
Code of the Elgin Municipal Code, 1976 , as amended, Sections
16 . 28 . 050 through 16 . 28 . 140, inclusive, be and are hereby
repealed.
Section 7 . That nothing in this ordinance or in the Fire
Prevention Code hereby adopted shall be construed to affect any
suit or proceeding impending in any court, or any rights
acquired, or liability incurred, or any cause or causes of
action acquired or existing; nor shall any just or legal right
or remedy of any character be lost, impaired or affected by
this ordinance.
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Section 8 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
Kevin Kelly, May
Presented: March 11, 1998
Passed: March 11 , 1998
Omnibus Vote: Yeas 7 Nays 0
Recorded: March 12 , 1998
Published:
Attest :
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Dolonna Me um, City Clerk
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