G-101 - 01/28/1969 - FIRE CODE - Ordinances ORDINANCE NO.
AN ORDINANCE ADOPTING A FIRE PREVENTION CCDE
PRESCRIBING REGULATIONS GOVERNING CONDI^1IONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR
EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE
PREVENTION AND PROVIDING OFFICERS THEREFORE
AND DEFINING THEIR POWERS AND DUTIES
Whereas , the corporate authorities of each municipality may
prevent fire hazards pursuant to the provisions of Division 8,
Article 11 of the Illinois Municipal Code of 1961; and
Whereas, all local officers charged with the duty of investi-
gating fires are authorized to enforce such fire prevention and
safety standards and rules adopted by the corporate authorities ,
pursuant to Section 9 of the State Fire Marshal Act (Section 9 ,
j Chapter 127-1/2 , Illinois Revised Statutes, 1967) ; and
Whereas, any municipality is authorized to adopt by reference,
as criteria for the issuance of construction, reconstruction, alter-
ation or installation permits, the provisions of fire prevention
codes, without setting forth the provisions of such regulations in
full, provided that at least three (3) copies of such regulations
which are incorporated or adopted by reference are filed in the
office of Clerk of the municipality and there kept available for
public use, inspection and examination, pursuant to the provisions of
Division 3 of Article 1 of the Illinois Municipal Code of 1961; any
Whereas , the corporate authorities of the Village of Oakbrook
deem it to be in the interest of public health and safety to adopt
by reference the -regulations of the Fire Prevention Code of the
American Insurance Association with certain exceptions;
BE IT ORDAINED by the President and Board of Trustees of to
Village of Oakbrook, DuPage County, Illinois:
Section 1. Adoption of Fire Prevention Code.
P
\ There is hereby adopted by the President and Board of Trustees
of the Village of Oakbrook, DuPage County, Illinois , for the purpcse
of prescribing regulations governing conditions hazardous to iii`
and property from fire or ex-plosion, that certain code known as t .e
Fire Prevention Code recommended by the American Insurance Association,
being particularly the 1965 edition thereof and the whole thereof,
save and except such portions as are hereinafter deleted, modified
or amended (by Sectior. 7 of this ordinance) , of which code not less
than three (3) copies have been and now are filed in the office of
the Clerk of the Village of Oakbrook 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 Village of
Oakbrook.
Sectior. 2. 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 Village of Oak'--root
which is hereby established and which shall be operated under the
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supervision of the Chief of the Fire Department.
(b) The Chief in charge of the Bureau of Fire Preventic s',--all
-_�po_nted by Presic�cnt and Board of Trustcc s of the Vil_- r.�
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Oa'.rbrcac on the basis of examination to determine his qualifications.
His appointment shall continue during good behavior and satisfactory
service, and he shall not be removed from office except for cause
after public trial.
(c) The Chief of the Fire Department may detail such memmbers
of the fire department as inspectors as shall from time to time be
necessary. The Chief of the Fire Department shall recomax.-tend to the
President and Board of Trustees the employment of technical inspectors ,
who, when such authorization is made, shall be selected through a :
examination to determine their fitness for the position. The examina-
tion shall be open to members and non-members of the fire department,
and appointments made after examination shall be for an indefinite
term with removal only for cause.
(d) A report of the Bureau of Fire Prevention shall be made
annually and transmitted to the chief executive officer of the munici-
pality; 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. Definitions.
(a) wherever the word "Municipality" is used in the Fire Pre-
vention Code, it shall be held to mean the Village of Oakbrook.
(b) Wherever the term "Corporation Counsel" is used in the
Fire Prevention Code, it shall be held to ` mean the Attorney for
the Village of Oakbrook.
Section 4 . 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 pro-
hibited, are hereby established as follows:
The entire area of the Village of Oakbrook.
Section 5. Establishment of Limits of Districts in which
Storage of Flammable Liquids in Outside Above-
ground Tanks is to be Prohibited.
(a) The limits referred to in Section 16 . 22a of the Fire Preven-
tion Code in which storage of flammable liquids in outside above-
ground tanks is prohibited, are hereby established as follows :
All business districts, institutional districts
and office - research —assembly districts as de-
fined and classified in the Zoning Ordinance of
the Village of Oakbrook, Illinois, of 1966 , as
amended.
(b) The limits referred to in Section 16. 51 of the Fire Preven-
tion Code, in which new bulk plants for flammable or combustible
liquids are prohibited, are hereby established as follows :
All business districts, institutional districts
and office - research - assembly districts as de-
f4 ned and classified in the Zoning Ordinance of
the Village of Oakbrook, Illinois, of 1966 , as
amended.
Section 6 . Establish_-.s of Limits in which Bulk Storar_,e o
Lic•iiefied Petroleum 'Gases is 'to be Restrict. d.
The limits referred to in Section 21. 6a of the Fire Prevention
Code, in which bulk storage liquefied petroleum gas is restrict
e ad,,
are hereby established as follows :
All business districts, institutional districts
and office - research - assembly districts as de-
fined and classified in the Zoning Ordinance of
the Village of Oakbrook, Illinois , of 1906 , as
amended.
Section 7 . P.rdendments Made 'in 'the Fire Prevention_ Code.
The Fire Prevention Code is amended and changed in the following
respects to delete those Articles which govern activities '-and uses not
permitted under. the Zoning Ordinance of the Village of Oakbrook,
Illinois, of 1966, as amended, to delete from said Code those Articles
as having no application in this municipality, to-wit:
t Articles 2, 3, Section 16. 65; and Article 17.
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Section 8. Modifications.
The Chief of the Bureau of Fire Prevention shall have power to
modify any of the provisions of the Fire Prevention Code upon appli-
cation 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 sh".'_1
be observed, public safety secured, and substantial justice dona.
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.
Section 9 . Appeals.
Whenever the Chief of the Fire Department 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 have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief
of the Fire Department to the President and Board of Trustees of th_e
Village of Oakbrook within thirty (30) days from the date of the
decision appealed.
Section 10 . New Materials, processes or Occupancies which may
Require Permits'.' . . . . . . . . .
The Chairman of the Fire Committee of the Board of Trustees of
the Village of Oakbrook, 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 sa d
Code. The Chief of the Bureau of Fire Prevention shall posy. such_
list in a conspicuous place in his office, and distribute copies
thereof to interested persons.
Section 11. Penalties.
(a) Any person who shall. violate any of the provisions of
the Code hereby adopted or fail to comply therewith, or who shall vic-
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1 late or fail to comely with any order made thereunder, or who shall
build In Viol ,Li0i1 Of any detailed statement of specifications or
plans submitted and approved thereunder, or any certificate or per-
mit issued thereunder, and from which no appeal has been taker., or
who shall fail to comply with such an order as affirmed or modified
by the President and Board of Trustees or by a court of competen`C
jurisdiction, within the time fixed herein, shall severally for eac.
and every such violation and noncompliance respectively, be guilty
of a misdemeanor, punishable by a fine of not less than $25.00 nor
more than $500. 00. 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. violatio__s
or defects within a reasonable time; and when not otherwise specified,
each ten (10) 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.
Section 12. Repeal "of Coniflictirig Ordinances.
Ordinance No. G-92, entitled "An Ordinance Prohibiting Burning
of Noxious Combustible Material Within the Village of Oakbrook,
Illinois" , passed and approved by the President and Board of Trustees
of the Village of Oakbrook on August 27 , 1968, be and the same is
hereby repealed and all former ordinances or parts thereof conflict-
ing or inconsistent with the provisions of this ordinance or of the
Code hereby adopted are hereby repealed.
Section '13 . Validity.
The President and Board of Trustees of the Village of Oakb_occ
hereby declare that should any section, paragraph, sentence, cr word of this ordinance or of the Code hereby adopted be declared for any �
reason to be invalid, it is the intent of the 'P.resident and Board
of Trustees that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such por-
tion as may be declared invalid.
Section 14. Date 'of Effect.
This ordinance shall take effect and be in force from and after
its approval as required by law.
PASSED and APPROVED by the President and Board of Trustees of
the Village of Oakbrook, DuPage County, Illinois, this
day of r <i:c:� i� .� 1969 .
APPROVED:
President
ATTEST:
Village Clerk
AYES: / . . .
LAYS:
ABSENT: . . . .1/2.
__IS 77 J IN T 1E "0AX13rx00X DOINGS" 0 N