HomeMy WebLinkAboutORDINANCES-1978-026-O-78•
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3/3/78
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AN ORDINANCE
Adopting The BOCA Fire
Prevention Code, 1978 Edition,
As The Fire Prevention Code Of
The City Of Evanston
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK
COUNTY, ILLINOIS:
SECTION 1: That the Code of the City of Evanston, 1957, as amended,
be further amended so that Chapter 18 thereof shall read
as follows:
"Chapter 18
Fire Prevention
18-1. Adoption of the Building Officials & Code Administrators
International, Inc.'s Basic Fire Prevention Code of 1978.
The City of Evanston hereby adopts by reference thereto the
Building Officials & Code Administrators International, Inc. Basic
Fire Prevention Code of 1978 and Articles 1 through 34 and Appen-
dixes A, B, and C 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 sup-
pression forces, excepting therefrom the following sections which
are modified to read as follows:
"F100.1. Title
These regulations as set forth herein shall be known as
the Fire Prevention Code of the City of Evanston and is herein
referred to as such or as "this code".
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"F101.5. 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 hazardous 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 stand-
ards 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 mater-
ials or substances or upon operations that are
liable to cause fire, contribute to the spread of
fire, or endanger life or property.
"Fl02.1. Enforcement Officer
It shall be the duty and repsonsibility of the Fire Marshal
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.
"Fl02.2. Inspections
The fire official shall inspect all structures and premises
except single-family dwellings, and dwelling units in two-family
dwellings, as often as may be necessary for the purpose of as-
certaining and causing to be corrected, any conditions liable to
cause fire, contribute to the spread of fire, interfere with fire
fighting operations, endanger life or any violations of the pro-
visions or intent of this code or any other ordinance affecting
• fire safety.
"F104.1. Appeals
Any person, firm or corporation aggrieved by any decision,
interpretation, or order of the fire official made under any pro-
vision of this code or the standards adopted herein, may appeal
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• such decision, interpretation or order to the Fire Marshal by
filing a written notice of such intent to the Office of the
Fire Marshal within five (5) days of the transactions appealed
from. The Fire Marshal, or his desi nee, shall convene a
hearing upon such appeal within ten ?10) days of receipt there-
of and may, when no immediate hazard exists, continue such
hearing from time to time for cause. The Fire Marshal shall
establish reasonable rules for such hearings and shall make a
record of proceedings. The decision of the Fire Marshal shall
be deemed final as to the order or interpretation appealed
from. Where there are practical difficulties in the implemen-
tation of the strict provisions of this code the Fire Marshal
may modify such provision provided that such modification
shall effect substantial conformance with the provisions here-
of, provide for the public safety, and do substantial justice.
"F104.2. Appeals - Administrative Decisions
The final decision of the Fire Marshal, or his authorized
representative, shall be and considered an administrative de-
cision for all purposes.
"F105.1. 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 condi-
tions or materials to be removed or remedies in accordance with
the provisions of this code and all applicable laws:
1. dangerous conditions or materials which are
liable to cause or contribute to the spread
of fire in or on said premises, building,
or structure, 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, access to
buildings, and portions of buildings;
3. obstructions to, defective, or inadequate
fire escapes, exits, stairs, passageways,
doors or 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;
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• 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;
8. hazardous conditions arising from defective or
improperly installed equipment for handling or
using combustible, explosive or otherwise
hazardous materials;
9. dangerous or unlawful amounts of combustible
explosive or otherwise hazardous materials; and
10. all equipment, materials, processes or opera-
tions which are in violation of the provisions
and intent of this code.
"F105.3. 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 as-
certaining and causing to be corrected any condition which may
be reasonably foreseen to be a fire or explosive hazard or inter-
fere with the suppression of fire or abating of a public emergen-
cy, 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 pro-
vided 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 this 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.
"F105.5.1. Penalty 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."
SECTION 2: Sections 18-12 through 18-66, inclusive, are hereby
specifically repealed.
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• SECTION 3: All ordinances or parts of ordinances in conflict here-
with 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.
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Introduced 11_4L �t J� , 1978
Adopted 49ale-� /0 , 1978
v
ATTEST:
W� /?�' 11�
ity Clerk
Approved 45�� 1,7 , 1978
l _
Approved as to form:
Corporation Cou el
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