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G76-05Ordinance No. G76 -05 AN ORDINANCE ADOPTING THE "NFPA 101, LIFE SAFETY CODE, 2003 EDITION" AS THE LIFE SAFETY CODE OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 16, entitled "Buildings and Construction," of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to create Chapter 16.29, entitled "Life Safety Code," to read as follows: CHAPTER 16.29 LIFE SAFETY CODE SECTION: 16.29.010: Adopted- Exceptions. 16.29.020: Fire Prevention Bureau. 16.29.030: Addition, Insertions, and Changes. 16.29.040: Conflicts With Other Provisions 16.29.010: ADOPTED; EXCEPTIONS: A certain document, one copy of which is on file in the office of the City Clerk, being marked and designated as the "NFPA 101, Life Safety Code, 2003 Edition," as published by the National Fire Protection Association, be and is hereby adopted as and shall be known as the Life Safety Code of the City for establishing minimum requirements, with due regard to function, for the design, operation, and maintenance of buildings and structures for safety to life from fires; and each and all of the regulations, provisions, penalties, conditions and terms of said NFPA 101, Life Safety Code, 2003 Edition are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes prescribed in this chapter. 16.29.020: FIRE PREVENTION BUREAU: A. The life safety code shall be enforced by the Fire Marshal of the Fire Prevention Bureau of the City of Elgin Fire Department, sometimes 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 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. 16.29.030: ADDITIONS, INSERTIONS, AND CHANGES: The NFPA 101, Life Safety Code, 2003 Edition is amended and revised in the following respects CHILD CARE FACILITIES A. Day Care Centers. Those facilities regulated under Chapters 16 and 17 (Day - Care Centers) of the Life Safety Code shall include only: 1. Any facility licensed as a Day Care Center by the Department of Children and Family Services; 2. Any unlicensed facility that regularly provides day care for less than 24 hours per day for more than 8 children in a family home, or more than 3 children in a facility other than a family home; 3. Part day child care facilities, as defined in the Child Care Act of 1969. B. Day Care Homes. Those facilities regulated under Chapters 16 and 17 (Family Day -Care Homes) of the Life Safety Code shall include only: 1. Any facility licensed as a day care home by the Department of Children and Family Services; 2. Any unlicensed facility that is a family home that receives more than 3 up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. This subsection (b)(1)(B) does not affect facilities that receive only children from a single household. C. Group Day Care Homes. Those facilities regulated under Chapters 16 and 17 (Group Day -Care Homes) of the Life Safety Code shall include only: 1. Any facility licensed as a group day care home by the Department of Children and Family Services; or 2. Any unlicensed facility that is a family home that receives more than 3 up to a maximum of 16 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. D. For purpose of determining the classification of a child care facility, current Department of Children and Family Services guidelines will be applied. CHILD -TO -STAFF RATIOS Child -to -Staff ratios in day care facilities shall comply with 89 Ill. Adm. Code 406 and 407 and with the Child Care Act of 1969. Any conflicting provisions of the Life Safety Code are inapplicable. ONE- AND TWO - FAMILY DWELLINGS Chapter 24 (One- and Two - Family Dwellings) is adopted as recommended guidelines only. EXITS IN DAY CARE HOME OR GROUP DAY CARE HOME OCCUPANCIES When clients occupy a level below the leve or group day care home occupancy, exiting the requirements of the applicable edition following: A. Primary Means of Egress I of exit discharge in a day care home shall be provided in accordance with of the Life Safety Code, or with the 1. If an exit discharging directly to the outside at the basement level is not provided, and therefore occupants must traverse another level of the home to exit, the path of egress through the level of exit discharge shall be separated from the remainder of that level of the home by construction providing a minimum fire resistance rating of 1 -hour, or 2. The home shall be equipped with smoke detectors permanently powered by the building's electrical system and wired so that the actuation of one detector will actuate all the detectors in the dwelling. At least one such smoke detector shall be located on each level of the occupancy (excluding unoccupied attics), and the path of egress through the level of exit discharge (from the basement door to the exterior door of the home) must be protected by automatic fire sprinklers. Listed residential sprinklers shall be used and the installation shall be made in accordance with National Fire Protection Association Standard #13D, Installation of Sprinkler Systems in One- and Two - Family Dwellings and Manufactured Homes - 1994 edition. B. Secondary Means of Egress If a window is used where the size is not in accordance with the applicable edition of the Life Safety Code, the owner or operator of the day care or group day care home must demonstrate to an on -site representative of the Office of the State Fire Marshal that all occupants (staff and clients) can escape through the window to the exterior of the home in 3 minutes or less. The bottom sill of any window used as a secondary means of escape shall be within 44 inches of the floor as required by the Life Safety Code, or a permanently fixed stair or ramp shall be installed at the window to allow occupants to be within 44 inches of the bottom window sill when standing atop the stair or ramp. t 16.29.040: CONFLICTS WITH OTHER PROVISIONS: When a provision of this chapter conflicts with any other provision of this code regulating the same subject matter, the more stringent or restrictive provision shall apply. Where the conflict involves circumstances or conditions where level of restrictiveness is not clear or applicable, the provisions of the other provisions of this code shall apply. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schock, gayor Presented: August 10, 2005 Passed: August 10, 2005 Omnibus Vote: Yeas: 7 Nays: Recorded: August 11, 2005 Published: Attest: Dolonna Mecum, City Clerk