Chapter 14 - Fire Prevention and Protection *

21 December 2017

CHAPTER 14

 

FIRE PREVENTION AND PROTECTION

 

Art.   I             In General, Secs. 14‑1 ‑ 14‑26

Art.  II             Fire Prevention Codes, Secs. 14‑27 ‑ 14‑52

Art. III             Flammable  Liquids and  Liquefied Petroleum  Gas, Secs. 14‑53 ‑ 14‑58

Art.  IV            Burning of Rubbish, Secs. 14‑59 ‑ 14‑67

Art.   V            Fireman Work Agreement Ordinance, Sec. 14‑78 ‑ 14‑79

Art.  VI            Ambulance, Secs. 14-80 - 14-82

Art. VII           Insurance, Sec. 14-83

Article VIII     14-101 – 14-108

Article X.        Hazardous Materials Occurrence.14-109 – 14-112

Article XI.       Non-Resident and Technical/Specialized Rescue Services. 14-113 -4-120

 

ARTICLE I.  IN GENERAL

 

*Cross references‑‑Ordinance providing fire protection and assumption of indebtedness and obligation of West Kankakee Fire Protection District, dated July 17, 1967, saved from repeal, Sec. 1‑7(10); ordinance authorizing City to enter into contract for operation and monitoring of fire alarm systems numbered 69‑51, dated August 4, 1969, saved from repeal, Sec. 1‑7(11); authority of members of Fire Department to issue tickets and citations, Sec. 2‑1 bond required for Fire Chief, Sec. 2‑2; maintenance responsibility of Fire Chief, Sec. 21‑10(c); false alarms, Sec. 22‑30; foreign fire insurance company tax, Sec. 31‑6; fire lanes, Sec. 32‑171.2; unauthorized turning on or tampering with fire hydrants, Sec. 34‑2.

 

State law reference‑‑Authority of City to provide fire protection, Ill. Rev. Stat. Ch. 24, Sec. 11‑6‑1 et seq.

 

Sec. 14‑01.      Department established; composition.

 

There is hereby established an executive Department of the Municipal Government of the City which shall be known as the Fire Department. This department shall be under the supervision and control of the Chief of the Fire Department by and with the advice and consent of the City Council and shall consist of the Chief and such employees as the City Council may, from time to time, provide.

 

Sec. 14‑02.      Reserved.

 

Editor note‑‑Ord. No. 75‑12, Sec. 1, adopted Feb. 18, 1975, repealed Sec. 14‑2 relative to residence requirements for firemen. Said section was derived from Code 1965, Sec. 6.09.

 

Sec. 14‑02.1.   Residence requirements for firemen.

 

(a)        Any person employed by the City as a member of the Fire Department shall reside within the City limits of the City.

 

(b)       Any presently employed person residing outside the City limits on the effective date of this section (March 3, 1975), pursuant to the ordinance previously in effect allowing persons to live within five (5) miles of the City limits, or any presently employed person under written agreement to purchase real estate within five (5) miles of the City limits on the effective date of this section shall not be affected by the requirements of this section. (Ord. No.75‑19, Secs.1,2, 3‑3‑75)

 

Sec. 14‑03.      Fire Chief‑‑ Office created.

 

The Fire Chief shall be appointed by the Mayor, by and with the advice and consent of the City Council. (Code 1965, Sec. 6.02)

 

Sec. 14‑04.      Authority of Fire Chief generally.

 

The Fire Chief shall have charge of the Fire Department, and in subordination to the Mayor and the Board of Fire and Police Commissioners, shall have full command and control over the Fire Department, and over all members thereof. He shall make and promulgate rules and regulations governing the Fire Department, which shall be obeyed by the members of the Fire Department. He shall have the general care and custody of the property and equipment belonging to the Fire Department, and he shall personally attend to all repairs required to be made upon the same. (Code 1965, Sec. 6.02)

 

Sec. 14‑05.      Discipline within the Fire Department.

 

In order to enforce the discipline in the Fire Department, the Fire Chief may temporarily suspend any member from duty, or impose other appropriate penalty for any breach of discipline by a member. He may, either upon his own knowledge, or upon information communicated to him by others, prefer formal charges to the board of fire and police commissioners against any member of the Fire Department for incompetence, neglect of duty, disobedience of orders or violation of any of the standing rules and regulations of the department. He may also, pending such charges, suspend such delinquent member from duty, and such suspension shall continue in force until the charges can be investigated by the Board of Fire and Police Commissioners and final action be taken thereon by the board. (Code 1965, Sec. 6‑02)

 

Sec. 14‑06.      Duty of Fire Chief to keep records.

 

The Fire Chief shall keep, in a book to be provided by the City for that purpose, a full and accurate record of all trans- actions in the Fire Department, and of all property placed in his charge or custody; and he shall, annually, make a written report to the City Council showing the condition of the department under his management, together with a complete list of all fires occurring in the City during the preceding year, the date and location of each fire, the name of the owner of the property destroyed, the cause of the fire, loss incurred thereby, amount of insurance, and such other information as he may deem important to the city. (Code 1965, Sec. 6.02)

 

Sec. 14‑07.      Assistant Fire Chief.

 

There is hereby created the office of Assistant Fire Chief.  In case of the temporary absence or disability of the Fire Chief, the Assistant Fire Chief being present, having the most seniority, in terms of service with the Fire Department, shall possess the powers and exercise the duties of the Fire Chief.  The Mayor, with the advice and consent of the City Council, shall appoint assistant Fire Chiefs in the number deemed necessary from time to time in the best interest of the department.

 

In the event of the discharge of an Assistant Fire Chief from the office of Assistant Fire Chief, the officer so discharged from such office shall revert in seniority and position to his last permanent rank, as established under the rules and regulations of the Police and Fire Commission. (Code 1965, Sec. 6‑02; Ord. No.71‑20, Sec. 1, 5‑17‑71; Ord. No.75‑4, Sec. 1, 1‑20‑75; Ord. No. 76‑74, Sec.1, 12‑20‑76)

 

Sec. 14‑07.1.  Acting Fire Chief.

 

The Mayor shall designate the Assistant Fire Chief to serve as Fire Chief in the absence of or inability of the Fire Chief to serve. The person designated shall receive additional compensation as may be set by the council during the time of his designation. The Mayor may change such designation from time to time in the best interest of the department as he may deem proper. (Ord. No. 71‑21, Sec. 1, 5‑17‑71)

 

Editor's note‑‑‑Ord. No.71‑21, Sec. 1, is included herein as Sec. 14‑7.1 at the discretion of the editors.

 

Sec. 14‑08.      Duty to obey Fire Chief at fires.

 

Every person above the age of twenty‑one (21) years present at any fire in the City, shall be subject to the orders of the Fire Chief or other officer in command at the fire, in extinguishing the fire, and in removing and protecting property. No person not a member of the Fire Department shall be bound to obey the orders of the Fire Chief or other officer at any fire, unless such officer is wearing his badge of office, or his official character shall be otherwise known or made known to such person. (Code 1965, Sec. 6.02)

 

Sec. 14‑09.      Fire Inspector generally.

 

There is hereby created the office of Fire Inspector who shall be appointed as provided by law. (Code 1965, Sec. 6.03)

 

Sec. 14‑10.      Assistant Fire Inspector generally.

 

There is hereby created the office of Assistant Fire Inspector, who shall be appointed as provided by law.

(Code 1965, Sec. 6‑031)

 

Sec. 14‑11.      Duties of firemen generally.

 

(a)        Each member of the Fire Department, when on duty, shall wear an appropriate badge, to be furnished him by the City.  If he destroys, or loses it, he shall replace it at his own expense. When any person ceases to be a member, he shall immediately deliver his badge and any other effects in his possession belonging to the City to the Fire Chief.

 

(b)       Members of the Fire Department shall be on duty at all such hours of the day or night as shall be prescribed by the rules and regulations of the department, except when otherwise ordered by the Fire Chief. (Code 1965, Sec. 6.05)

 

Sec. 14‑12.      Removal of property saved from fire.

 

No person shall remove or be permitted to remove any property in the possession of the Fire Department, saved from any fire, until proof of the ownership thereof shall have been made to the satisfaction of the Fire Chief. (Code 1965, Sec. 6.06)

 

Sec. 14‑13.      Hindering firemen.

 

No person shall willfully resist, obstruct or hinder any member of the Fire Department in the performance of his duty at a fire or at any other time when said member shall be engaged in official Fire Department duties. (Code 1965, Sec. 6.07; Ord. No. 84‑39, Sec. 1, 12‑3‑84)

 

Sec. 14‑14.      Damaging fire apparatus prohibited.

 

It shall be unlawful for any person to willfully or maliciously injure, break or deface any fire apparatus belonging to the City. (Code 1965, Sec. 6.07)

 

Sec. 14‑15.      Arrests at fires.

 

The Mayor, any Aldermen, or the Fire Chief may, and the Chief of Police and all policemen shall, during the progress of any fire, arrest any person found stealing or trespassing upon any property, or willfully injuring or breaking any fire apparatus; or any person resisting or obstructing any member of the Fire Department in the discharge of his duty, or otherwise conducting himself in a riotous or disorderly manner. (Code 1965, Sec. 6.08)

 

Sec. 14‑16.      Fire protection agreement with Kankakee Community College; connection to City's fire alarm system; costs.

 

The City of Kankakee Illinois, is authorized to enter into a fire protection agreement with Kankakee Community College located on Illinois Route 49 in the County of Kankakee, State of Illinois, whereby said college (shall) be permitted, at its own expense, to connect to the city's fire alarm system at Fire Station No. 1 in Kankakee, Illinois, and the City shall furnish protection and related services to said college for a period of five years, commencing January 1, 1972, said college to pay to the City in each year an annual amount of one dollar ($1.00), together with such other terms and conditions as may be, from time to time, set forth by the city; and the Mayor and City Clerk are authorized to execute and sign said agreement without further submission to the City Council. (Ord. No. 71‑49, Sec. 1, 12‑20-71)

 

Editor's note ‑ Ord. No. 71‑49 did not expressly amend this Code, hence inclusion of Sec. 1 herein as Sec. 14‑16 was at discretion of the editors.

 

Sec. 14‑17.      Isolation of area during emergency.

 

(a)        Authority to place barricades, etc. The Chief or other officers of the Fire Department in charge at the scene of an emergency shall have the authority to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operations so as to prevent accident or interference with the lawful efforts of the Fire Department to manage and control the situation and to handle the fire apparatus.

 

(b)       Interference prohibited. No person except a person authorized by the Chief or a public officer acting within the scope of his public duties shall remove, unlock, destroy, tamper with, or otherwise molest in any manner any lock, gate, door, barricade, chain enclosure, sign, tag or seal which has been lawfully installed by the Fire Department or by its order or under its control. (Ord. No. 74‑6, Sec. 1, 2‑4‑74)

 

Sec. 14‑18.      Obstructing fire hydrants.

No person shall place or keep any post, fence, growth, weeds, bushes, trash or other material or thing near any fire hydrant that would prevent such hydrant from being immediately discernible or in any other manner deter or hinder the Fire Department from gaining immediate access to a fire hydrant. Ord. No. 74‑6, Sec. 2, 2‑4‑74)

 

Sec. 14‑19.       Illinois Fire Protection Training Act.

 

(a)        Election of City to participate. The City of Kankakee hereby elects to participate in the programs provided for in the Illinois Fire Protection Training Act.

 

(b)       Completion of state training course required. Before an individual may commence regular full‑time employment State Fire Marshall as a Firefighter 11, as having successfully completed an approved training course as provided in said act. The Firefighter 11 training must be completed by the trainee probationary period of twelve (12) months, except for volunteers, part‑time and paid‑on‑call personnel.

 

(c)        Amendment of personnel rules, etc. The board of Fire and Police Commissioners is hereby instructed and directed to make the necessary amendments to the personnel rules, the manual of rules of the Kankakee Fire Department, and rules of said board of Fire and Police Commissioners in order to require that any person appointed to the Fire Department of the City shall not become a regular member of the Kankakee Fire Department unless and until he shall complete pursuant to said Illinois Fire Protection and Training Act, the approved training course within twelve (12) months of the date of his initial employment. (Ord. No. 82‑32, Secs. 1‑4, 11‑1‑82)

 

Editor's note ‑ Having not expressly amended the Code the provisions of Secs. 1 ‑ 4 of Ord. No. 82‑32, adopted Nov. 1, 1982, have been codified as Sec. 14‑19 at the editor's discretion.

 

Sec. 14‑20.      Fire lanes on privately owned property within the corporate limits of the City of Kankakee established.

 

A fire lane is defined as an area no less than 50 feet in length and no less than 12 feet in width located at curbside.

 

A fire lane shall be no less than 50 feet in length and no less than 12 feet in width and shall be identified by painted lines outlining said area and shall be further identified by appropriate signs at both ends of the length of said fire lane, at the owner's expense.

 

Fire lanes are established on the following privately owned property within the corporate limits of the City of Kankakee:

 

1.  250 North Schuyler

2.  145 Broadway Drive

3.  50 Meadowview Center

4.  240 Warren Avenue

5.  1440 East Court Street

6.  340 North Dearborn

7.  1200 West Jeffrey Street

8.  2250 Crestwood Avenue

9.  446 South Washington Avenue

10.  505 South Schuyler Avenue

11.  2205 East Court Street

12.  1801 W. Station

13.  300 E. River St.  (amended addition - Ord. 94-04)

 

It shall be an offense for any person to block or obstruct a fire lane or any portion thereof by parking or stopping a vehicle thereon or allowing a vehicle to stand therein for any purpose whatsoever.  Said fire lanes shall not be used by any private or commercial vehicle for the purpose of unloading or picking up cargo.

 

Any vehicle blocking or obstructing in whole or in part any fire lane is declared a fire and life safety hazard and public nuisance.  Such vehicles may be ticketed or removed from said fire lane by any officer of the Police or Fire Department and the owner of said vehicle shall be liable for all costs related to moving, towing or storing said vehicle and shall further be liable for any fine accessed in connection herewith.

 

Violations of any provisions of this Ordinance shall, upon conviction of that offense, be punished by a fine of not more than $500.00. (Ord. No. 90-52, Sec. 1--5, 10-15-90; amended by Ord. 94-04; 1-18-94)

 

Sec. 14-21--14‑26. Reserved.

 

ARTICLE II. FIRE PREVENTION CODE

 

Sec. 14‑27.      Adoption of fire prevention code.

 

The City of Kankakee has been vested with the authority to adopt Codes by reference to them pursuant to 50 ILCS 220 provided that three (3) copies of said Codes are filed in the Office of the City Clerk; and the City of Kankakee has already adopted by reference:

the BOCA National Building Code in Section 8-14.

the BOCA National Property maintenance Code in Section 8-24.

the National Electrical Code in Section 8-36.

the Illinois Plumbing Code in Section 8-110.

the BOCA National Mechanical Code in Section 8-140.

the Fire Prevention Code in Section 14-27; and

the Life Safety Code in Section 14-28,

all of the Municipal Ordinances of the City of Kankakee.

 

Said Codes are regularly updated every several years and it is in the best interest of the citizens of the City of Kankakee that the most up-to-date and best researched Codes be in force and some of the Municipal Ordinances that adopted some of said Codes only adopted an outdated edition of aid Code and have not regularly adopted anew revision of said codes.  Therefore, this ordinance - Ordinance Number 99-05 ordains that all future changes and editions of said enumerated Codes heretofore adopted by reference by the City of Kankakee, by and hereby are adopted automatically as they are from time to time provided by the Code authorities.

 

Three (3) copies of each said updated Code shall be kept on file in the Office of the City Clerk of the City of Kankakee and made available for public use, inspection and examination.  (Ord. No. 99-05, Sec. 1&2, 2-1-99).

 

State law references ‑‑ Incorporation by reference of technical codes, Ill. Rev Stat. Ch. 24, Sec. 1‑3‑1 et seq. and Ch. 85, Sec. 101 et seq.

 

(a)        There is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1976 Edition thereof, and the whole thereof, of which code not less than three (3) copies have been and now are filed in the office of the City Clerk and the same are hereby incorporated as fully as if set out at length herein. (Ord. No. 86‑41, Sec. 1, 11‑17‑86 )

 

(b)       If any other ordinance or part of ordinances or codes are in conflict or are inconsistent with the provisions of the Fire Prevention Code, hereby adopted, the most stringent code shall prevail.  (Ord. No. 74‑5, Sec. 1, 2‑4‑74;  Ord. No. 76‑66, Sec. 1, 11‑15‑76)

 

Sec. 14-27.5.   Duties of Fire Prevention, Education and Investigation Division.

 

(a)        Fire Inspectors.

 

1.         It shall be the duty of the uniformed and civilian members of the Bureau of Fire Prevention to enforce all laws and Ordinances of the Fire Prevention Code so adopted or written by the City of Kankakee.

 

 2.        They shall have such other powers and perform such other duties as are set forth in other Sections of this Chapter and other provisions of the code of the City as may be conferred and imposed from time to time by law.

 

(b)       Arson Investigator.

 

1.         It shall be the duty of the Fire Chief or such other uniformed member of the Fire Prevention, Education and Investigation Division assigned as a Fire Investigator to determine the cause, origin, and circumstances of all fires where arson (incendiary nature) is suspected, fires where death(s) occurred, fires where the cause(s) cannot be readily determined, and to other fires or fire related incidents as required.

 

2.         Arson Investigator.  All designated Arson Investigators shall be and the same are hereby designated Conservators of the Peace pursuant to the extent authorized in this Chapter.  When acting in the scope of their investigative duties as provided in this Chapter, they shall be possessed of all powers of peace officer referred to in Illinois Revised Statutes, Chapter 127 1/2, Section 702, including powers of arrest, search and seizure and possession and use of firearms necessary to carry out the duties of their office.  (Ord. 93-61; 10-1-93)

 

Sec. 14‑28.      Adoption of Life Safety Code.

 

Refer to Section 14-27 which speaks to the adoption of the Life Safety Code. (Ord. No. 99-05, Sec. 1&2, 2-1-99)

 

State law references ‑‑ Incorporation by reference of technical codes, Ill. Rev. Stat. Ch. 24,  Sec. 1‑3‑1 et seq. and Ch. 85, Sec. 1001 et seq.

 

(a)        There is also hereby adopted by the city, by reference, the Life Safety Code, 1991 Edition, formerly known as Code for Safety to Life from Fire in Building and Structures or the Building Exit Code published by the National Fire Protection Association. This code deals with life safety from fire and like emergencies. It covers construction, protection and occupancy features to minimize danger to life from fire, smoke, fumes or panic before buildings are vacated. It specifies the number, size and arrangement of exit facilities sufficient to permit prompt escape of occupants from buildings or structures in case of fire or other conditions dangerous to life. Three (3) copies have been and now are on file in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein. 

 

That all future changes of the NFPA codes by and hereby are adopted automatically as they are from time to time provided by the NFPA.  (Sec. 14-28 (a) paragraph 2 amended by Ord. 93-35; 6-7-93.)

 

(b)       In the event there is a conflict between the provisions of the Code adopted by reference within this section and the other provisions of this Code or ordinances of the city, the most stringent provisions shall prevail. (Ord. No. 74‑5, Sec . 2, 2‑4‑74; Ord. No. 77‑1, Sec. 1, 5‑16‑77; Ord. No. 28‑16, Sec. 1, 6‑7‑82; Ord. No. 86‑39, Sec. 1, 11‑20‑86; Ord. No. 88‑30, Sec. 1, 7‑18‑88; Ord. No. 91-38 amending Ord. No. 88-30, 6-17-91; Sec 14-28(a), paragraph 2; Ord. 93-35; 6-7-93)

 

Sec. 14‑29.      Definition for Fire Prevention Code

 

Wherever the word "municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Kankakee, Illinois.

 

Wherever the term "Corporation Counsel" is used in the Fire Prevention Code, it shall be held to mean the attorney for the City.

 

Wherever the term "Chief of the Fire Prevention Education and Investigation Division" is used in the Fire Prevention Code, it shall be held to mean the director of the Fire Prevention, Education and Investigation Division for the City.

 

Wherever the term "division" of fire prevention, education and investigation is used in the code, it shall be held to mean the Fire Prevention, Education and Investigation Division for the City. (Ord. of 12‑16‑68, Sec. 3; amended by Ord. 94-46; 7-5-94)

 

Sec. 14‑30.      Establishment of Fire Prevention, Education and Investigation Division, Enforcement of Fire Prevention Code, Fire Prevention, Education and Investigation division generally.

 

There is hereby established, within the City of Kankakee Fire Department, the Bureau of Fire Prevention, Education and Investigation, as a division of the Department, which shall have the duties, obligations, and responsibilities as hereinafter recited.

 

The Fire Prevention Code shall be enforced by the Fire Prevention, Education and Investigation Division in the Fire Department of the City, which is hereby established and which shall be operated under the supervision of Chief of the Fire Department.

 

The Chief of the Fire Department may detail such members of the Fire Department to the Fire Prevention, Education and Investigation Division as shall from time to time be necessary.

 

A report of the Fire Prevention, Education and Investigation Division shall be made annually and transmitted to the Chief of the Fire Department.  It shall contain all proceedings under this Code, with such statistics as the Chief of the Fire Department may wish to have included therein.  The director of the Fire Prevention, Education and Investigation Division shall also recommend any amendments to the Code which, in their judgment, shall be desirable. (Ord. of 12-16-68, Sec 2; amended by Ord. 94-46; 7-5-94)

 

Sec. 14‑31.      Powers and duties of Fire Prevention, Education and Investigation Division.

 

It shall be the duty of the officers and firefighters of the Fire Prevention, Education and Investigation Division to enforce all laws and ordinances of the City and of the state covering the following:

 

l.          The prevention of fires.

 

2.         The storage and use of explosives and flammable liquids and gases.

 

3.         The installation and maintenance of automatic sprinklers, standpipes, fire alarm systems and other fire extinguishment equipment.

 

4.         Any building or structure which, for want of repairs, or by reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.

 

5.         The maintenance and regulations of fire escapes and exits.

 

            6.         Any building or other structure which lacks adequate exit facilities, such as educational, industrial, institutional, commercial and apartment buildings and public assembly areas and all other places in which numbers of persons work, live or congregate, from time to time, for any purpose.

 

7.         The investigation of the cause, origin and circumstances of fires.

 

(a)        Arson investigators shall have the powers of arrest, search and seizure and possession and use of firearms necessary to carry out the duties of their office.

 

8.         Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable or combustible materials.

 

9.         Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts. 

 

10.       Fire safety programs for schools, pre-schools, senior citizens, civic groups, and other business or groups.

 

11.       Home fire safety surveys by request of owner or occupant.

 

They shall have such powers and perform such other duties as are set forth in this Code and as may be conferred and imposed  by the Chief of the Fire Department or by law. (Ord. of 12‑16‑68, Sec. 4; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑32.      Establishment of limits of districts in which storage of flammable liquids in outside above ground tanks is prohibited are established as follows:

 

(a)        The limits referred to in section 16.51 of the fire prevention code in which storage of flammable liquids in outside above ground tanks is prohibited, are hereby established as follows:

 

According to the City Zoning Ordinance and/or written consent of the Fire Prevention, Education and Investigation Division.

 

(b)       The limits referred to in section 16.51 of the Fire Prevention Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows:

 

According to the City Zoning Ordinance and/or written consent of  the Fire Prevention, Education and Investigation Division. (Ord. of 12‑16‑68, Sec. 5; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑33.      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 prohibited, are hereby established as follows:

 

According to the City Zoning Ordinance and/or written consent of the Fire Prevention, Education and Investigation Division. (Ord. of 12‑16‑68, Sec. 6; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑34.      Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted.

 

The limits referred to in section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows:

 

According to the City Zoning Ordinance and/or written consent of the Fire Prevention, Education and Investigation Division. (Ord. of 12‑16‑68, Sec. 7; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑35.      Transportation allowance for Fire Prevention, Education and Investigation Division.

 

When no automobile or vehicle is furnished or assigned to the Fire Prevention, Education and Investigation Division, each inspector or firefighter so assigned to the division working on a daily basis, shall receive twenty‑five dollars ($25.00) per month form the City of maintenance, repairs, additional insurance premiums, tires and general wear and tear and depreciation for using their personal car in making inspections, investigations, answering fire calls, handling complaints and other duties pertaining to Fire Department business. (Ord. of 12‑16‑68, Sec. 8; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑36.      Submittal of building plans and specifications to the Fire Prevention, Education and Investigation Division.

 

(a)        All persons shall submit a complete set of plans and specifications for all new building construction, remodeling, alteration and demolition for all types of buildings, except one and two (2) family dwellings, before acquiring a building permit. The Fire Prevention, Education  and Investigation Division shall check plans and specifications for life safety and fire code requirements within ten (10) days after received, and shall submit in writing all approvals, disapprovals, corrections or changes to be made to all parties concerned. No building permit shall be issued until the plans have been submitted and approved by the Fire Prevention, Education and Investigation Division.

 

(b)       The area of authority, jurisdiction and responsibility concerning reviewing building plans and specifications and working with other City Inspectors will be for enforcement and compliances of the following areas:

 

1.         Enforcement of the Americans Insurance Association, Fire Prevention Code as adopted by this article.

 

2.         Enforcement of the National Fire Protection Association, Fire Codes including Life Safety Code as adopted by this article.

 

3.         Fire protection and extinguishment systems in all occupancies.

 

4.         Installation of fire walls, doors and windows assemblies.

 

5.         Installation of fire alarm systems, exit and directional lighting.

 

6.         Installation of commercial incinerators. (Ord. of 12‑16‑68, Sec. 9; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑37.      Amendments made in the Fire Prevention Code and Life Safety Code.

 

The Fire Prevention Code and Life Safety Code adopted by this article are amended and changed in the following respects:

 

(a)        Amend Article 21, liquefied Petroleum Gases, 21.3a of the Fire Prevention Code by amending the following words, "2000" gallons water capacity, to read "150 gallons water capacity".

 

(b)       Amend Article 21, Liquefied Petroleum Gases, Section 21‑5 of the Fire Prevention Code by adding the following paragraphs:

 

b.         All liquefied petroleum portable cylinders and containers used or connected next to or alongside of buildings in the City shall be set on fire resistive pads designed for such containers. Wherever necessary, tanks shall be secured to building to prevent them from falling or tipping over.

 

c.         All liquefied petroleum portable and permanently installed cylinders and containers shall have valves, connectors, manifold valve assemblies and regulators covered by a metal hood, designed for such use, at all times, for protection against the weather and physical damage."

 

(c)        Amend Article 21, Liquefied Petroleum Gases, Section 21.6 of the Fire Prevention Code by adding the following paragraphs:

 

c.         No liquefied petroleum cylinders and container shall be stored or installed on any public sidewalk, parkway, alley or street.

 

d.         No liquefied petroleum cylinders and containers shall be stored or installed on porches, stairway landings, breezeways, basement light wells or underneath means of egress or on upper floors above ground level."

 

(d)       Amend Article 28, Precautions Against Fire. General, Section 28.15 of the Fire Prevention Code by adding:  Section 28.17. Permit Required for Open Flame Devices and Candles in Restaurants, Night Clubs and Public Assembly Areas.

 

1.         A permit shall be required to use candles and open flame devices, in restaurants, nightclubs and other public assembly areas, under the following restrictions.

 

2.         All open flame devices or candles shall be installed and recessed within mesh covered glass containers designed for such use, wire mesh cage, or set in hurricane type holders on heavy bases or other similar safety devices approved by the director of Fire Prevention, Education and Investigation Division.

 

3.         Such open flame safety devices shall be well supported against tipping or falling and so located as to avoid danger of ignition of combustible material.

 

4.         Kerosene, fuel oil, gasoline, liquefied petroleum gas or any other flammable or combustible fuel fed lamps or lighting devices is strictly prohibited.

5.         Open flame devices maybe used on stages where it is a necessary part of a theatrical performance, provided adequate safety precautions satisfactory to the director of the Fire Prevention, Education and Investigation Division are implemented.

 

6.         This section is not meant to restrict open flame devices or candles in churches or places of worship, where it is required as a part of a religious or ceremonial service or activity, provided adequate safety precautions are implemented to avoid danger or injury to the occupants.

 

(e)        Amend Life Safety Code, Chapter 11, Residential Occupancies, Section 11‑3, Apartment Houses, Paragraph 11‑333, Alarm Systems to read as follows:

 

"11‑333. Every apartment building unless provided with automatic sprinkler protection in accordance with Section 6‑4, or automatic fire alarms in accordance with Section 6‑3 shall have manual fire alarm facilities in accordance with Section 6‑3 if of more than two (2) stories in height or more than seven (7) apartment units, in which all apartment units open into a common exit facility inside the building. Exceptions are: Where each apartment unit opens directly to the outside, onto an open balcony type landing, which exits to ground level by two (2) approved outside stairways." (Ord. of 12‑16‑68, Sec. 10)

 

Sec. 14.37.1.   The National Fire Code, 1990 Edition adopted.

 

(a)        The National Fire Code, 1990 Edition is hereby adopted by reference.  One copy of the National Fire Code shall be kept on file in the office of the Fire Chief for public use, inspection and examination.

 

(b)       In the event there is a conflict between the provisions of the code adopted by reference within this section and the other provisions of this Code or Ordinances of the City, the other provisions of this Code or Ordinances of the City shall prevail.  (Ord. No. 90-25, Article I, Sec. 14-37.1, 5-21-90)

 

Sec. 14‑38.      Modifications.

 

The director of the Fire Prevention, Education and Investigation Division shall have power to modify any of the provisions of the Fire Prevention Code and Life Safety Code upon application 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 codes, provided that the spirit of the codes shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the director of the Fire Prevention, Education and Investigation Division thereon shall be entered upon the records of the department and a signed copy furnished the applicant. (Ord. of 12‑16‑68, Sec. 11; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑39.      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 codes hereby adopted do not apply or that the true intent and meaning of the codes have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council committee appointed by the Mayor within thirty (30) days from the date of the decision appealed. (Ord. of 12-16‑68, Sec. 12)

 

Sec. 14‑40.      New materials, processes or occupancies which may require permits.

 

The Chief of the Fire Department, director of the Fire Prevention, Education and Investigation Division and the City Building Inspector 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 said codes. The director of the Fire Prevention, Education and Investigation Division shall post such list in a conspicuous place in his office, and distribute copies thereof, to interested persons. (Ord. of 12‑16‑68, Sec. 13; amended by Ord. 94-46, 7-5-94)

 

Sec. 14‑40.1.   Installation of fire hydrants and fire protection equipment on public and private property.

 

Editor's note ‑ Ord. No 74‑6, Secs. 3‑5, amended this Code by adding, Secs. 14‑42-‑14‑44 which sections have been redesignated as Secs. 14‑40.1-‑14‑40.3 by the editors for purposes of classification.

 

(a)        The Chief of Fire Department shall designate the type, number and location of fire hydrants to be installed and maintained upon all premises within the City of Kankakee. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread, taking into consideration, occupancy of the building, fire load of content, type of construction, square footage of buildings, exposure protection to other structures, buildings set back from City controlled streets and roads, accessibility to the complex or structure by fire apparatus; distance from City controlled fire hydrants are located in relation to building or buildings involved.

 

(b)       On all premises where a building or buildings or portions of buildings including commercial, institutional, public assembly, educational, mercantile, storage, business and residential occupancies are hereafter constructed and set back more than four hundred (400) feet from a City controlled street, avenue or road, fire hydrants shall be installed as may be required by the Fire Department.

 

(c)        This shall include new and existing buildings which may front on a City street or road, but because of size or future expansion or additions to the rear or side portions of a building or buildings are set back further than four hundred (400) feet from a City street or City fire hydrant, there shall be installed working fire hydrants in the rear or side areas of the plant or complex as may be required by the Fire Department.

 

(d)       Fire hydrants shall be connected water system. Paved access to fire hydrants shall be provided and maintained to accommodate fire fighting apparatus.

 

(e)        All costs pertaining to required installation of fire hydrants and mains on private property shall be the responsibility of the developer, contractor and or the owners, unless satisfactory arrangements prior to installation are made between the City of Kankakee and the Kankakee Water Company.

 

(f)        On all new construction sites on private property or City controlled streets or roads, fire mains and hydrants shall be installed prior to construction of a plant, complex or building. Streets and roads on construction projects shall be accessible and travelable by heavy duty fire apparatus. (Ord. No. 74‑6, Sec. 3, 2‑4‑74)

 

Sec. 14‑40.2.   Fire extinguishing and alarm systems.

 

(a)        Approval required; periodic tests. All fire extinguishing systems including combination standpipes, dry and wet standpipes, sprinkler systems, special automatic extinguishing systems, basement inlet pipes, fire alarm, heat and smoke detecting systems shall be approved by the Fire Prevention, Education and Investigation Division prior to installation and shall be subject to such periodic tests as may be required.

 

(b)       Installation and maintenance requirements. Fire extinguishing and alarm systems shall be installed and maintained in accordance with the latest standards of the National Fire Protection Association. (Ord. No. 74‑6, Sec. 4, 2‑4‑74).  This section shall apply only to new construction within the City of Kankakee and buildings which are being substantially renovated.  Substantial renovation shall consist of a project which costs in excess of 50% of the fair market value of the premises being renovated as of the date of said renovation.

 

 1.        All buildings which contain existing fire extinguishing and alarm systems are required to maintain those systems in accordance with the National Fire Code and International Building Code Standards.

 

2.         If an occupancy (as defined in the National Fire Code and the international Building Code) changes and the codes require installation of a fire extinguishing and alarm systems thereon, installation of same shall be required. (Ord. 09-82)

 

 

Note ‑ See the editor's note to Sec. 14‑40.1.

 

Sec. 14‑41.3.   Standpipes generally.

 

(a)        All standpipes shall comply with the requirements of this section. Required installation of standpipes shall be determined by the latest edition of adopted Building Code.

 

(b)       Standpipe systems shall be installed according to Kankakee Fire Prevention, Education and Investigation Division specifications, using the latest edition of the National Fire Protection Association Pamphlet #14 entitled, "Standpipe and Hose Systems" as a standard for specifications. (Ord. No. 74‑6, Sec. 5, 2‑4‑74)

 

     Note ‑ See the editor's note to Sec. 14‑40.1

 

Sec. 14‑41.4.   Violations.

 

(a)        Any person who shall violate any of the provisions of the codes hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made there under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the director of the Fire Prevention, Education and Investigation Division, Chief of the Fire Department, City Council committee appointed by the Mayor or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of an offense punishable as provided by section 1‑13. 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 violations or defects within a reasonable time.

 

(b)       The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. of 12‑16‑68, Sec. 14)

 

Sec. 14‑42.      Residential dwellings to be equipped with smoke detectors

 

"Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type which complies with all the requirements of the Rules and Regulations of the Illinois State Fire Marshall.

 

“Approved carbon monoxide alarm” or “alarm” means a carbon monoxide alarm that complies with all the requirements of the rules and regulations of the Illinois

State Fire Marshall, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association.

 

"Dwelling unit" means a room or suite of rooms used for human habitation and includes a single family residence as well as each living unit of a multiple family residence as well as each living unit of a multiple family residence and each living unit in a mixed-use building.

 

B) Requirements and Responsibilities for Smoke Detectors:

 

(a)        Every dwelling unit shall be equipped with at least one approved smoke detector in an operating condition within 15 feet of every room used for sleeping purposes.  The detector shall be installed on the ceiling and at least 6 inches from any wall or on a wall located between 4 and 6 inches from the ceiling.

 

(b)       Every single family residence shall have at least one approved smoke detector installed on every story of the dwelling unit, including basements but not including unoccupied attics.  In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level if the lower level is less than one full story below the upper level; however, if there is an intervening door between the adjacent levels, a smoke detector shall be installed on each level.

 

(c)        Every structure which (1) contains more than one dwelling unit, or (2) contains at least one dwelling unit and is mixed-use structure, shall contain at least one approved smoke detector at the uppermost ceiling of each interior stairwell.  The detector shall be installed on the ceiling, at least 6 inches from the wall, or on a wall located between 4 and 6 inches from the ceiling.

 

(d)       It shall be the responsibility of the owner of a structure to supply and install all required detectors.  The owner shall be responsible for making reasonable efforts to test and maintain detectors in common stairwells and hallways.  It shall be the responsibility of a tenant to test and to provide general maintenance for the detectors within the tenant's dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies which the tenant cannot correct.  The owner shall be responsible for providing one tenant per dwelling unit with written information regarding detector testing and maintenance.  The tenant shall be responsible for replacement of any required batteries in the smoke detectors in the tenant's dwelling unit, except that the owner shall ensure that such batteries are in operating condition at the time the tenant takes possession of the dwelling unit.  The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the smoke detector which have been reported in writing to the owner or the authorized agent of the owner.

 

(e)        The requirements of this Section shall apply to any dwelling unit in existence on July, 1988, beginning on that date.  Except as provided in subsection (f) and (g), the smoke detectors required in such dwelling units may be either battery powered or wired into the structure's AC power line, and need not be interconnected.

 

(f)        In case of any dwelling unit that is newly constructed, reconstructed, or substantially remodeled after the effective date of the Ordinance, the requirements of this Section shall apply beginning on the first day of occupancy of the dwelling unit after such construction, reconstruction or substantial remodeling.  The smoke detectors required in such dwelling unit shall be permanently wired into the structure's AC power line and if more than one detector is required to be installed within the dwelling unit, the detector shall be wired so that the actuation of one detector will actuate all the detectors in the dwelling unit.

 

Inspections shall be conducted prior to occupancy by the Fire Department in cooperation with the Department of Building and Zoning, of all new dwelling units and any existing units prior to sale, including contract sales.  Appropriate certificates of satisfactory compliance shall be issued upon completion of inspection.  The fee charged for inspection and re-inspections shall be $50.00 for all dwelling units.  Results of inspection shall be valid for (30) days from date of inspection.  (Ord. No. 90-46, Sec.1-3, 9-4-90; amended by Ord. 94-19; 4-4-94 amended by Ord. 05-65; Ord. 14-17).

 

B) Requirements and Responsibilities for Carbon Monoxide Alarms:

 

a)         Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes.  The carbon monoxide alarm may be combined with smoke detecting devices provided that the combined unit complies with the respective provisions of the administrative code, reference standards, and departmental rules relating to both smoke detecting devices and carbon monoxide alarms and provided that the combined unit emits an alarm in a manner that clearly differentiates the hazard.

 

b)         Every structure that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.

 

c)         It is the responsibility of the owner of a structure to supply and install all required alarms.  It is the responsibility of the tenant to test and to provide general maintenance for the alarms within the tenant’s dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies that the tenant cannot correct.  The owner is responsible for providing one tenant per dwelling with written information regarding alarm testing and maintenance.  The tenant is responsible for replacement of any required batteries in the carbon monoxide alarms in the tenant’s dwelling unit, except that the owner shall ensure that the batteries are in operating condition at the time the tenant takes possession of the dwelling unit.  The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the carbon monoxide alarm that have been reported in writing to the owner or the authorized agent of the owner.

 

d)         The carbon monoxide alarms required under this Act may be either battery powered, plug-in with battery back-up, or wired into the structure’s AC power line with secondary battery back-up.

 

C) Exemptions for Carbon Monoxide Alarms:

 

(1)       A residential unit in a building that: (i) does not rely on combustion of fossil fuel for heat, ventilation, or hot water; (ii) is not connected in any way to a garage; and (iii) is not sufficiently close to any ventilated source of carbon monoxide, as determined by the local building commissioner, to receive carbon monoxide from that source.

 

(2)       A residential unit that is not sufficiently close to any source of carbon monoxide so as to be at risk of receiving carbon monoxide from that source by the local building commissioner.

 

D) Enforcement:

 

(a)        Inspections shall be conducted prior to occupancy by the Fire Department in cooperation with the Department of Building and Zoning, of all new dwelling units and any existing units prior to sale, including contract sales.  Appropriate certificates of satisfactory compliance shall issued upon completion of inspection.  The fee charged for inspection shall be $50.00 for all dwelling units. Results of an inspection shall be valid for (30) days from the date of inspection.  (Ord. 90-46, Sec. 1-3, 9-4-90; amended by Ord. 94-19; 4-4-94 amended by Ord. 05-65; Ord. 2007-04; 2/5/07; Ord. 14-17)

 

 

Sec. 14-43 Key Lock Box System

 

(a)        The following structures shall be equipped with a key lock box at or near the main entrance, within six (6) feet of grade level, or such other location designated by the fire chief:

 

(1)       assembly, health care, business or industrial structures protected by an automatic alarm system or automatic suppression system and which are not open and accessible at all times, or other structures that are secured in a manner that restricts access during an emergency, and are equipped with an automatic fir alarm system.

 

(2)       multi-family residential structures that have restricted access through locked doors, have a common corridor for access to living units, and are required by adopted fire codes to have a fire alarm system;

 

(b)       All newly constructed structures subject to this section shall have the key lock box installed an