G-729 - 08/26/2003 - FIRE CODE - OrdinancesORDINANCE 2003-FD-EX1 -G- 7 29
AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT
TO CHAPTER 2 ( "FIRE DEPARTMENT ") OF TITLE 3 ( "PUBLIC SAFETY ")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Village Manager and staff have recommended a comprehensive amendment to
Chapter 2, entitled "Fire Department ", of Title 3, entitled "Public Safety', of the Village Code of the Village
of Oak Brook; and
WHEREAS, the Village President and Board of Trustees have reviewed this comprehensive
amendment and have approved the changes recommended by the Village Manager.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Chapter 2, entitled "Fire Department ", of Title 3,- entitled "Public Safety' of the
Village Code of the Village of Oak Brook is amended to read as set forth in the attached exhibit, labeled
Exhibit A and incorporated herein by reference.
Section 3: That this ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 26th day of August , 2003.
Aves: Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays: None
Absent: None
_in: None
ROVED THIS 26th day of August , 200;
Ne
s
L' ®1 Mr -r
Village Clerk
Approv as to form:
Village Attorney Published in Pamphlet Form:
8 -27 -2003
(Date)
EXHIBIT A
CHAPTER 2
FIRE DEPARTMENT
SECTION:
3 -2 -1:
Department Created, Composition
3 -2 -2:
Fire Chief
3 -2 -3:
Appointment of Firefighters; Promotions
3 -2 -4:
Prohibited Acts and Conditions
3 -2 -5:
Departmental Fees
3 -2 -6:
Handling of Hazardous Materials; Costs
3 -2 -7:
Firefighters' Pension Fund
3 -2 -1: DEPARTMENT CREATED, COMPOSITION:
A. Created: There is hereby created a Fire Department, an administrative department of the Village.
B. Composition: The Fire Department shall consist of such members as set forth in the Village's
budget ordinance or as otherwise determined from time to time by the Board of Trustees.
C. Members; Requirements: The members of such Fire Department shall be considered officers of
the Village as defined and determined by the statutes of the State. They need not be residents of
the Village.
D. Compensation: Members of the Fire Department, including the Chief, shall receive such
compensation as the Board of Trustees shall from time to time determine. (Ord. S -144, 9 -12-
1967; Ord. S -253, 5 -23 -1972; Ord. G -309, 10 -27 -1981; Ord. G -430, 6 -13 -1989; 2000 Code)
3 -2 -2: FIRE CHIEF:
A. Office Created; Appointment: The office of Fire Chief of the Fire Department of the Village is
hereby created. The Fire Chief shall be appointed by the Village President and approved by the
Board of Trustees. He /she need not be a resident of the Village. The Fire Chief shall serve at
the pleasure of the Village President and Board and may be removed by them at any time.
B. Control and Command: The Fire Chief shall be responsible for the management of the Fire
Department and is subject to the supervision of the Village Manager. The Fire Chief has the
control and command over all persons connected with the Fire Department of the Village while on
duty. The Fire Chief may prescribe and establish from time to time such rules and regulations as
he /she deems advisable, subject to the approval of the Village Manager.
C. Suspensions: The Chief of the Fire- Department shall have power to suspend any firefighter from
duty for not to exceed five (5) calendar days, but he /she shall promptly report such suspension to
the Board of Fire and Police Commissioners.
D. Custody Of Property: The Fire Chief shall have the custody of and full responsibility for the
pumpers, tankers, trucks, ladders and all property and equipment belonging to the Fire
Department.
E. Emergency Operations Center (EOC): The Fire Chief or designee shall, if in her or his power,
staff the fire section of the Emergency Operations Center whenever the EOC is operational.
F. Investigation Of Fires: The Fire Chief or designee shall insure the investigation of the cause of
all fires that may occur in the jurisdiction of the Department as soon as practicable and shall
insure that a record is made and kept of the investigation and of the circumstances of each case.
G. Report: The Fire Chief or designee shall, as prescribed by the Village Manager, prepare reports
regarding the emergency and nonemergency activities of the Fire Department.
H. Inspection Of Premises: The Fire Chief shall make or cause to be made regular inspections
of all buildings, structures and places used for manufacturing or commercial purposes, or
occupied or frequented by large numbers of people, and of all school buildings, public halls,
churches, institutional buildings, theaters, and all places of amusement, recreation or employment
in order to ascertain whether the applicable fire regulations are being efficiently carried out. No
person shall exclude the Fire Chief or any one of his /her deputies or assistants from any such
building, structure or premises.
I. Prescribing Limits At Fire and /or Rescue Emergency Incidents: The Fire Chief or other officer in
command at any incident may prescribe limits in the vicinity of the fire within which no persons,
excepting those who reside therein, firefighters, police officers, officers of the Village and those
admitted by any officer of the Fire Department, shall be permitted to go.
J. Removal Of Property: The Fire Chief shall have power to cause the removal of any property
whenever it shall become necessary for the preservation of said property from harm, or to protect
adjoining properties.
K. Incident Mitigation: The Fire Chief, or, in her or his absence, the acting fire officer in command at
any emergency incident, may direct the members of the Fire Department to take whatever actions
are appropriate to mitigate the incident and /or prevent further harm or damage to persons or
property.
3 -2 -3: APPOINTMENT OF FIREFIGHTERS; PROMOTIONS
The power of appointment to all entry level firefighter positions, and the power of promotion for the ranks
of lieutenant and batallion chief shall be in the Board of Fire and Police Commissioners of the Village.
3 -2 -4: PROHIBITED ACTS AND CONDITIONS:
A. Hindering Firefighters, Damaging Apparatus: No person shall offer any hindrance to any officer or
firefighter in the performance of her or his duty at a fire and/or rescue incident, or in any manner
destroy, damage or deface any emergency vehicle belonging to the Village.
B. Driving Over Hose: No automobile, motor truck, or other vehicle shall be driven over any
unprotected hose when laid down by order of the Fire Chief or other officer or member in charge
of said hose.
C. Obstructing Fire Hydrants: No person shall in any manner obstruct the use of any fire hydrant, or
have or place any material or vehicle in front thereof, or within fifteen feet (15') from either side
thereof; and in addition to any monetary penalty, any and all materials or vehicles found as an
obstruction as aforesaid may be forthwith removed by any member or members of the Fire or
Police Department, and at the risk, cost and expense of the owner or claimant.
D. Impersonating Firefighter: No person not a member of the Fire Department shall impersonate a
firefighter or officer of the Fire Department.
E. Salvaged Property: No person shall take away any property in the possession of the fire
department and salvaged from any fire until proof of ownership be made satisfactory to the fire
chief or designee. (Ord. S -144, 9 -12 -1967)
3 -2 -5: DEPARTMENTAL FEES:
A. Emergency Medical Services: As the village, through its fire department, currently provides
emergency medical service to the village, and the corporate authorities of the village deem it
appropriate to impose a user charge for such service in order to defray partially the cost to the
village of providing such service, a fee is hereby imposed upon any person receiving emergency
medical service and transportation for each use provided by the village as follows:
1. Three hundred dollars ($300.00) for residents of the Village plus five dollars, fifty -three cents
($5.53) per mile from point of pick up to the receiving hospital for Basic Life Support Services or
Advanced Life Support Level I services.
2. Three hundred forty -five dollars ($345.00) for residents of the Village plus five dollars, fifty -
three cents ($5.53) per mile from point of pick up to the receiving hospital for Advanced Life
Support Level II services.
3. Five hundred dollars ($500.00) for nonresidents plus five dollars, fifty -three cents ($5.53) per
mile from point of pick up to the receiving hospital for Basic Life Support Services or Advanced
Life Support Level I services.
4. Five hundred, forty -five dollars ($545.00) for nonresidents plus five dollars, fifty -three cents
($5.53) per mile from point of pick up to the receiving hospital for Advanced Life Support Level II
Services.
B. Cardiopulmonary Resuscitation Classes: The village through its fire department currently
provides cardiopulmonary resuscitation instruction to interested persons, and the corporate
authorities of the village deem it appropriate to impose a user charge for such service in order to
defray partially the cost to the village to provide such service, a fee is hereby imposed upon any
nonresident requesting such service at the set fee of thirty dollars ($30.00) per person as
determined by the Village Board, or such other fee established by the village manager upon
consultation with the Village Board. (Ord. S -144, 9 -12 -1967; Ord. G -252, 7 -24 -1979; Ord. G -281,
3 -17 -1981; Ord. G -411, 4 -26 -1988; Ord. G -472, 9 -17 -1991; Ord. G -506, 4 -13 -1993; Ord. G -547,
11 -22 -1994; Ord. G -606, 1 -27 -1998; 2000 Code; Ord. G -700, 7 -9 -2002)
3 -2 -6: HANDLING OF HAZARDOUS MATERIALS; COSTS:
A. Definitions:
HAZARDOUS MATERIALS RESPONSE: Any response by the village, including the Oak Brook
fire department, alone or in conjunction with any other governmental fire department(s) or
agencies rendering aid to the Oak Brook fire department in relation to said response, in regard to
an incident involving the spilling, leaking or escape of any hazardous substance from any
container intended for the storage or transportation of said hazardous substance, or in regard to
any fire or explosion involving a hazardous substance. For purposes of this section, "hazardous
substance" shall be defined as in 415 Illinois Compiled Statutes 5/3.14, except that petroleum
products and natural gas shall be considered "hazardous substances" for purposes of this
section.
RECIPIENT OF A HAZARDOUS MATERIALS RESPONSE: The owner(s) and /or tenant(s) of the
building and /or real or personal property in relation to which the hazardous materials response
has taken place.
B. Reimbursement: Any recipient of any hazardous materials response by the village, including the
fire department, shall be responsible for reimbursing the village for the extraordinary costs and
expenses of the village, including, but not limited to, overtime labor and outside consulting or
contracting costs, extraordinary administrative, equipment and materials costs, and all disposal
costs as a result of said hazardous materials response. For purposes of this section,
"extraordinary costs and expenses" shall also include the actual costs and expenses of any other
municipality or agency rendering aid to the fire department in relation to said hazardous materials
response.
C. Itemized Bill: Upon completion of a hazardous materials response, the village shall tender an
itemized written bill to the recipient which sets forth the extraordinary costs and expenses relative
to said hazardous materials response. (Ord. G -550, 1 -24 -1995)
3 -2 -7: FIREFIGHTERS' PENSION FUND:
A. Definition: The term "firefighter" as used in this chapter shall mean full time paid members of the
fire department and shall not include part time or volunteer firefighting personnel and no member
of the fire department other than full time paid members of the fire department shall be qualified
,to receive any of the benefits provided herein.
B. Creation Of Fund: There is hereby created a pension fund to be known as the Oak Brook
Firefighters' Pension Fund, which pension fund shall be administered by a board and operate
pursuant to the statutory authority for municipalities of five hundred thousand (500,000) and
under as contained in state law. (Ord. G -71, 5 -23 -1967; Ord. G -405, 1 -12 -1988)