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HomeMy WebLinkAboutORDINANCES-1978-026-O-78• • 3/3/78 2b-0-78 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". • 26-0-78 "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 -2- • i i • 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; -3- 26-0-78 • 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. -4- 26-0-78 • 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. —14 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 -5-