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HomeMy WebLinkAboutORDINANCES-1990-072-O-90". 8/14/90 72-0-90 AN ORDINANCE Adopting the B.O.C.A. National Fire Prevention Code 1990 Edition and Appendices A, B, C and • NFPA 101.85 as the Fire Prevention Code of the City of Evanston WHEREAS, the City Council of the City of Evanston considers it in the public interest to adopt as its standard for construction, alteration and installation permits, and general fire protection the BOCA National Fire Prevention Code, Eighth Edition, 1990; WHEREAS, the City Council of the City of Evanston has caused three (3) copies of the aforesaid Code to be kept on file in the office of the City Clerk for public inspection for a period of more than thirty (30) days prior to the adoption of this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: • SECTION 1: That Section 4-5-1 of the Code of the City of Evanston, 1979, as amended, be further amended to read as follows: 4-5-1: ADOPTION OF THE BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL INC.'S NATIONAL FIRE PREVENTION CODE OF 1990: The City of Evanston hereby adopts by reference thereto the Building Officials and Code Administrators International Inc. (BOCA) National Fire Prevention Code of 1990 and Articles 1 through 34 and Appendices A, B. C and NFPA 101.85 thereof as criteria for the control and regulation of conditions which would constitute fire hazards to persons or property within the City or which would interfere with fire suppression forces, excepting therefrom the sections which are modified or deleted in Section 4-5-2 of this Code. SECTION 2: That Section 4-5-2 of the Code of the City of Evanston, 1979, as amended, be • further amended to read as follows: 4-5-2: MODIFICATIONS TO THE CODE: The following sections of the hereinabove adopted Fire Prevention Code are modified or deleted as follows: 1 72-0-90 F101.2 Existing Buildings: Buildings built under, and in full compliance with, the codes in force at the time of construction or alteration thereof, and that have been properly maintained and used for such use as originally permitted, shall be exempt from the requirements of this Code pertaining to: • 1. Fire protection of structural elements except as provided for existing buildings under the building code. 2. Exits required, except as provided for existing buildings under this Code and the building code; and 3. Isolation of hazardqus operations; provided, however, that the fire official may require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices, sprinklers or similar systems) where, in accordance with prevailing fire safety standards, as adopted by this Code, they are necessary to provide safety to life and property. In lieu of requiring the installation of safety devices or systems, or when necessary to secure safety in addition thereto, the fire official may prescribe limitations on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property. • F104.1 Enforcement Officer: It shall be the duty and responsibility of the Fire Chief or his duly authorized representative, to enforce the provisions of the Fire Prevention Code as herein set forth. The designated enforcement officer of this Code is herein referred to as the fire official. The fire official shall have full police power to enforce the provisions ,of this Code. F107.1 Inspections: The fire official or other designated inspector of the Fire Department upon the complaint of any person or whenever there is reason to believe health or safety is endangered shall inspect all structures and premises for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, contribute to the spread of fire, interfere with firefighting operations, endanger life, or'any violation of the provisions or intent of this Code and ordinance and any other law or standard affecting life safety from fire. F109.1 General: Whenever the Fire Department personnel shall find in any structure or • upon any premises dangerous or hazardous conditions or materials as follows, he shall order such dangerous conditions or materials to be removed or remedied in accordance with the provisions of this Code and all applicable laws: E 72-0-90 1. Dangerous conditions or materials which are liable to cause or contribute to the spread of fire in or on said premises, buildings or structures, or endanger the occupants thereof; 2. Conditions which would interfere with • Fire Department operations, vehicles and equipment including, but not limited to, fire hydrants, suppression and extinguishing equipment, Fire Department connections, fire lanes, and access to buildings and portions of buildings; 3. Obstructions to, defective, or inadequate fire escapes, exits, stairs, passageways, doors and Windows which are liable to prevent or interfere with the safe egress of occupants or the operations of the Fire Department in case of fire or other emergencies; 4. Accumulations of dust or waste material in air conditioning or ventilating systems or the grease in kitchen or other exhaust ducts; 5. Accumulations of grease on kitchen cooking equipment or oil, grease or dirt upon, under or around any mechanical equipment; 6. Accumulations of rubbish, waste, paper, boxes, shavings or other combustible materials, or excessive storage of any • combustible material; 7. Hazardous conditions arising from defective or improperly used or installed electrical wiring, equipment or appliances; B. Hazardous conditions arising from defective or improperly installed equipment or handling or using combustible, explosive or otherwise hazardous materials; and 9. Dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials; and 10. All equipment, materials, processes or operations which are in violation of the provisions and intent of this Code. F109.3 Inspections and Unsafe Buildings: The fire official shall inspect or cause to be inspected all buildings and premises authorized by this Code, including the situs of potential hazards and appliances for the purpose of ascertaining and causing to be corrected any condition which may be reasonably foreseen to be a fire or • explosive hazard or interfere with the suppression of fire or abating of a public emergency, or which constitutes a violation of the provisions of this Code and any other law or standard affecting life safety. All buildings or structures which are structurally unsafe or not provided 3 72-0-90 with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety, or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment, as specified in the 1990 B.O.C.A. National Fire Prevention Code or • any other effective ordinance, are for the purposes of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated, by repair, rehabilitation, demolition or removal in accordance with procedures provided by law. F111.3 Penaltv for Violation: Any person, firm or corporation violating the provisions of, this Code or failing to comply with any lawful order issued pursuant to any section hereof, in addition to being required by a court of competent jurisdiction to comply with this Code or such order, may be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day of violation after notice shall be deemed a separate offense. F112.1 ADDeals: Any person, firm or corporation aggrieved'by any decision, interpretation or order of the fire official made under any provision of this Code or the standards adopted herein, may appeal such decision, • interpretation or order to the Fire Chief by filing a written notice of such intent to the office of the Fire Chief within five (5) days of the transactions appealed from. The Fire Chief, or his designee, shall convene a hearing upon such appeal within ten (10) days of receipt thereof and may, when no immediate hazard exists, continue such hearing from time.to time for cause. The Fire Chief shall establish reasonable rules for such hearings and shall make a record of proceedings. The decision of the Fire Chief shall be deemed final as to the order or interpretation appealed from. Where there are practical difficulties in the implementation of the strict provisions of this Code, the Fire Chief may modify such provision provided that such modification shall effect substantial conformance with the provisions hereof, provide for the public safety, and do substantial justice. F112.2- Appeals: Sections F112.2 through F112.6.2 F112.6.2 of the B.O.C.A. Fire Prevention Code are hereby deleted in their entirety. • F112.7 ADDeals - Administrative Decisions: The final decision of the Fire Chief, or his authorized representatives, shall be and considered an administrative decision for all purposes. 4 72-0-90 F301.1- Open Burning: Sections F301.1 through F301.10 301.10 of the B.O.C.A. Fire Prevention Code are hereby deleted in their entirety. F405.1 Elevator Requirements: All new elevators and existing elevators undergoing major alteration shall conform to the • requirements of the American National Standard Institute ANSI/ASME A 17.11 1987 Safety Code for Elevators and Escalators published by the American Society of Mechanical Engineers. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: G t 21 , 1990 Adopted: O , 1990 Approv d: ��, 1990 Mayor • ATTEST:. C// a City Clerk Appxoved as to folr Co rati n Counsel .7 5