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
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
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.
(a) Election of City to participate. The City
of
(b) Completion of state training course
required. Before an individual may commence regular full‑time
(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
Sec. 14‑20. Fire
lanes on privately owned property within the corporate limits of the City of
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
1. 250 North Schuyler
2.
3. 50 Meadowview Center
4.
5.
6. 340 North
7.
8.
9.
10.
11.
12. 1801 W. Station
13.
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,
Sec. 14-21--14‑26.
Reserved.
Sec. 14‑27. Adoption of fire
prevention code.
The City of
the
the BOCA National Property
maintenance Code in Section 8-24.
the National Electrical
Code in Section 8-36.
the
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
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
Three (3) copies of each said updated
Code shall be kept on file in the Office of the City Clerk of the City of
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
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;
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,
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;
(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)
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;
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
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
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,
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,
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,
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,
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,
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,
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,
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,
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,
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
(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
(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
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)
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
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 $40.00 for all dwelling units. Results of inspection shall be valid for (30)
days from date of inspection. (Ord.No. 90-46, Sec.1-3,
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 tenants
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 tenants 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 structures 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 $40.00 for all dwelling units. Results of an inspection
shall be valid for (30) days from the date of inspection. (Ord. 2007-04;
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 and operational prior to
the issuance of an occupancy permit. All structures in existence on the effective
date of this section and subject to this section shall have one year from the
effective date of this section to have a key lock box installed and
operational.
(c) The required key lock box shall be
provided, installed and retained by the owner of the structure.
(d) The fire chief shall designate the type
of key lock box system to be implemented within the city and shall have the
authority to require all structures to use the designated system.
(e) The owner of a structure required to
have a key lock box shall. At all times, keep a key or other device in
the lock box that will allow access to all areas of the structure.
(f) The fire chief shall be authorized to
implement rules and regulations for the use of lock box system.
(g) Single and two family dwellings shall be
exempt from the requirements of this ordinance.
(h) Any person who owns or operates a
structure subject to this section shall be subject to the penalties set forth in
section 1-13 of this code for any violation of this section, provided that the
fine for a conviction for a violation of this section shall be not less than
One Hundred and no/100s Dollars ($100.00) and not more than Five Hundred and
no/100s Dollars ($500.00).
(i)
Each
day that a violation exists this ordinance shall be
considered a separate violation for the purposes of enforcement, prosecution
and punishment.
GRACE PERIOD: The owner of each building required to comply
with this ordinance shall have a period of twelve (12) months from receipt of
notice following any inspections conducted by the City of
Sec 14-44-14‑52. Reserved.
ARTICLE III. FLAMMABLE LIQUIDS AND
LIQUEFIED
PETROLEUM GAS
*State law references ‑
Requirements for vehicle transporting flammable liquids, Ill. Rev. Stat. Ch. 95
1/2, Secs. 218 and 219a;
liquified petroleum gas
containers, Ch. 104, Secs. 113
et seq.
liquefied petroleum gases, Ch.
104, Sec. 119 et seq.
Sec.14‑53. Definitions.
The following
definitions shall apply in the interpretation and enforcement of this article:
Combustible liquids. The term "combustible liquids" shall mean any liquid
having a flash point or above one hundred forty (140) degrees Fahrenheit (sixty
(60) degrees centigrade) and below two hundred (200) degrees Fahrenheit (ninety‑three
and four tenths (93.4) degrees centigrade), and shall be known as a Class III
liquid.
Flammable liquids. The term "flammable liquids" shall mean any liquid having
a flash point below one hundred forty (140) degrees Fahrenheit (sixty 60)
degrees centigrade and having a vapor pressure not exceeding f(40) pounds per
square inch (absolute) at one hundred (100) degrees Fahrenheit (thirty‑seven
and eight tenth (37.8) degrees centigrade).
Liquefied petroleum gases. The terms "liquefied petroleum gases, ""LPG, " and "LP‑Gas" shall mean and include
any material which is composed predominantly of any of the following
hydrocarbons, or mixtures of them: Propane, propylene, butane (normal butane or
iso‑butane), and butylenes.
Liquid. The
term "liquid" shall mean and include when not otherwise identified,
both flammable and combustible liquids.
Permanent. Parking. The term "permanent parking" shall be
considered over one hour's time.
Pick‑up truck. The term "pick‑up truck" shall mean any
self propelled motor vehicle which is used for local delivery, which has space
on the rear portion of the truck for storage and transportation of portable
containers for liquefied petroleum gases.
Tank full trailer. The term" tank full trailer" shall mean any
vehicle with or without auxiliary motive power, equipped with a cargo tank
mounted thereon or built as an integral part thereof and used for the
transportation of flammable and combustible liquids, asphalt or liquefied
petroleum gases and so constructed that practically all of its weight and load
rests on its own wheels.
Tank semi-trailer. The term" tank semi-trailer" shall mean any
vehicle with or without auxiliary motive power, equipped with a cargo tank
mounted thereon or built as an integral part thereof, and used for the
transportation of flammable and combustible liquids, asphalt or liquefied
petroleum gases and so constructed that, when drawn by a tractor by means of a fifth
wheel.
Tank Truck. The
term "tank truck" shall mean any single self‑propelled motor
vehicle equipped with a cargo tank mounted thereon, and used for the
transportation of flammable and combustible liquids, asphalt or liquefied
petroleum gases.
Tank Vehicle. The term "tank vehicle" shall mean any tank
truck, tank full trailer, or tractor and tank semi-trailer combination. (Ord. of 4‑17‑67, Sec. 1)
Sec. 14‑54. Reserved.
Sec. 14‑55. Transporting over City streets.
(a) For the purposes of the transportation of
flammable and combustible liquids and LP‑gases by tank vehicles or pick‑up
trucks from primary sources of supply, such as refineries, waterway terminals
or pipe‑line terminals, to any wholesale bulk plant or user bulk storage
or automotive service station within the city, such trucks shall use marked
state and federal streets, avenues and roads.
(b) In delivering such flammable and
combustible liquids or LP‑gases from primary supply sources to any
wholesale bulk plant or user bulk storage or automotive service station or
consumer which does not abut on a marked state or federal street or road, the
tank vehicle or pick‑up truck shall proceed on a marked route and shall
depart the reform over an intersecting street or avenue which is nearest the
destination to which delivery is to be made and, upon completion of such
delivery, shall return to the nearest marked route.
(c) This shall not prevent such flammable and
combustible liquid or LP‑gas tank vehicles from using any officially
designated detour from any established state or federal route which has been
closed to motor vehicle traffic or rendered impassable or unsafe by reason of
any accident, emergency or occurrence.
(d) It shall be unlawful for any driver of any
flammable or combustible liquid or LP‑gas tank vehicle or pick‑up
truck of any capacity to drive behind or follow alongside another such vehicle
carrying flammable or combustible liquids or LP gases within a two (2) block
distance of such vehicle. All such vehicles shall travel at posted speed limits
within the city.
(e) Signs shall be posted by the City
designating such rules at all marked state and federal routes that enter the
city, and additional signs shall be posted in appropriate places within the
City proper indicating to drivers of such vehicles that they are to maintain a
two (2) block distance from each other while traveling in the same direction,
which sign shall be of suitable size and read substantially as follows:
ALL FLAMMABLE LIQUID AND
LP TRUCKS TO MAINTAIN A 2 BLOCK DISTANCE WHILE TRAVELING THE SAME DIRECTION.
(f) The driver of every tank vehicle enroute from any primary source of supply to any wholesale
bulk plant or user bulk storage or service station shall carry a manifest stating
the point of origin and the destination of the trip which it is then making,
the name of the consignor and of the consignee and the kind and quantity of
liquid or gases carried, and at any time, upon demand of any police officer or
authorized representative of the Fire Department of the city, shall exhibit
such manifest. The driver of any tank vehicle not subject to routing, at any
time, upon demand of any police officer or authorized representative of the
Fire Department of the City shall bring such vehicle to a stop and shall give
such information as may reasonably be required under the provisions of this
article as to the type of liquid being transported and the origin and
destination of the trip. (Ord. of 4‑17‑67,
Sec. 2)
Sec. 14‑56. Extinguisher requirements for vehicles.
(a) Every tank vehicle over three thousand
(3000) gallon water capacity that is used in transporting flammable or
combustible liquids or LP‑gases shall be provided with at least one
approved portable fire extinguisher having at least a 12‑B, C rating, or,
when more than one is provided, each fire extinguisher shall have at least a 6‑B,
C rating.
(b) Every tank vehicle, pick‑up or
delivery truck under three thousand (3000) gallon water capacity that is used
in transporting flammable or combustible liquids or LP‑gases, which
includes portable LP‑gas cylinders, shall be provided with at least one
approved portable fire extinguisher having at least an 8‑B, C rating.
(c) Rating shall be in accordance with the
Standard for Installation, Maintenance and Use of Portable Fire Extinguisher
NFPA No.10. (Ord. of 4‑17‑67, Sec. 3)
Sec. 14‑57. Securing
of Portable containers in delivery trucks required.
Portable containers of LP‑gases
transported in delivery trucks shall be secured to
prevent movement, tipping over or physical damage. (Ord.
of
Sec. 14-58. Parking
and garaging tank vehicles.
(a) It shall be unlawful to permanently park
any flammable or combustible liquid or LP‑gas tank vehicle over three
thousand (3000) gallon water capacity on any
(b) Any permanent parking of any flammable or
combustible liquid or LP‑gas tank vehicle over three thousand (3000)
gallons water capacity on any private property or lot in the City shall require
a written permit from both the police Chief and Fire Chief after they have
surveyed the area in question. They shall have the power to approve, deny and regulate
the location and how many vehicles may park permanently, taking into
consideration the protection and life safety of the citizens of the City.
(c) Tank vehicles and trucks containing LP‑gas
shall not be parked, stored or garaged in any building in the City unless the
building is specifically approved for such use by the Fire Department.
(d) It is not the intent of this section to
prohibit such parking while making a bona fide delivery. (Ord. of
Sec. 14.58.01 Spiller
Pays Ordinance - Discharge of Hazardous Substances within the City of
Costs: means all expenses incurred by
the City of
Facility: means any building, structure, installation,
equipment, pipe or pipe line, including, but not limited to, any pipe into a
sewer or publicly-owned treatment works, well, pond, lagoon, impoundment,
ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling
stock or aircraft. Also any site or area
where hazardous material has been deposited, stored, disposed of, abandoned or
otherwise come to be located.
Hazardous
Materials: mean any material, substance
or mixture of materials or substances which are toxic, flammable, corrosive,
explosive, carcinogenic or radio active, including, but not limited to, any
substance or material which is designated as hazardous material, pursuant to
the "Hazardous Material Transportation Act" (49 USCA, Section 1801,
et. seq.) in a quantity and form which may pose as substantial present or
potential hazard to human health, property or the environment when improperly
released, treated, stored, transported, disposed of or otherwise managed.
Mutual
Aid: means any action taken by the
City of
Person: means any individual, business, firm,
partnership, corporation, association, trust, estate, joint venture, or other
legal entity, or their legal representative, each of their assign.
Release: means any spilling, leaking,
pumping, pouring, emitting, escaping, emptying, discharging, injecting,
leaching, dumping or disposing of a hazardous material into or on any land,
air, water, well, stream, sewer or pipe so that such hazardous material or any
constituent thereof may enter the environment.
Remedial
Action: means any action
consistent with permanent remedy taken instead of, or in addition to, removal
actions in the event of a release or threatened release of a hazardous material
into the environment, to prevent or minimize the releases of hazardous
materials so that they do not migrate to cause a substantial present or
potential hazard to human health, property or the environment. The term includes, but is not limited to,
such actions at the location of the release as storage, isolation, confinement,
perimeter protection using dikes, trenches or ditches, clay cover,
neutralization, cleanup of released diversion, destruction, segregation of
reactive wastes, repair or replacement of leaking containers collection of leachate and runoff, on-site treatment or incineration,
provision of alternate water supplies and any monitoring reasonably required to
assure that such actions protect the public health and welfare and the
environment.
Removal: means the cleanup or removal of
released hazardous materials from the environment, such actions as may be necessary
or appropriate to monitor, assess and evaluate the release or threat of release
of hazardous materials, the disposal of removed material or the taking of such
action as may be necessary to prevent, minimize or mitigate damage to the
public health or welfare of the environment.
The term includes, but is not limited to, security, fencing, and
provision of alternative water supplies and temporary evacuation of threatened
individuals.
Response: means any removal or remedial action.
Sec. 14-58.02. Spiller Pays Ordinance - Prohibited Acts.
No person shall cause, threaten or allow
the release of hazardous materials into the environment unless such release is
in accordance with an appropriate permit granted by the Illinois Environmental
Protection Agency or other State or Federal agency having primary jurisdiction
over the release and such release is in such place and manner as will not
create a substantial present or potential hazard to human health, property or
the environment.
Sec. 14-58.03. Spiller
Pays Ordinance - Response Authority.
The Fire Chief of the City of Kankakee or
his authorized representative shall have authority to respond to any release or
threatened release of hazardous materials within the territory of the City of
Kankakee or affecting the public water supply, wells or sewage treatment works
located or servicing the City of Kankakee or pursuant to any lawful
intergovernmental agreement of which the City of Kankakee is a party. This authority includes, but is not limited
to, remedial action and removal.
The Fire Chief or Superintendent of
Kankakee Wastewater Utility shall each have authority to respond to any release
or threatened release of hazardous materials as described above. The Fire Chief's primary responsibility shall
be to respond to all releases, except those within the sanitary sewer system of
the City of
The Fire Chief, during such time as
response authority is vested in him, shall be
authorized to utilize all Fire personnel and equipment and he may, in his sole
discretion, take such remedial or removal action as he may deem necessary or
appropriate to respond to the release or threatened release of hazardous
material.
All responding personnel shall cooperate
with and operate under the direction of the Fire Chief or other person then
exercising response authority under this Ordinance until such time as the
person exercising such response authority has determined that the response is
complete or responsibility for response is assumed by the Federal, State or
local public health, safety or emergency agency having primary jurisdiction
over the release or threatened release.
The person exercising response authority
under this Ordinance shall coordinate and/or cooperate with other Federal,
State or local public health, safety or emergency agencies involved in response
to the release or threatened release of hazardous materials.
Sec. 14-58.04. Liability for Costs.
Notwithstanding any other provision or
rule of law, and subject only to the defenses set forth in Section 14-58.05,
hereinafter, the following persons shall be jointly and severally liable for
all costs of removal and remedial action incurred by the City of
Any person who, at the time of disposal,
transport, storage or treatment of a hazardous material, owned or operated the
facility or vessel used for such disposal, transport, treatment or storage from
which there was a release or substantial threat of a release of any such
hazardous material.
Any person who by contract agreement, or
otherwise has arranged with another party or entity for transport, storage,
disposal or treatment of hazardous materials owned, controlled or possessed by
such person at a facility owned or operated by another party or entity from
which facility there is a release or substantial threat of a release of such
hazardous materials.
Any person who accepts or accepted any
hazardous materials for transport to disposal, storage, or treatment facilities
from which there is a release or a substantial threat of release of such
hazardous substances.
Sec. 14-58-05. Spiller Pays Ordinance - Defenses.
There shall be no
liability under Section 14-58-04 hereof for a person otherwise liable who can
establish by a preponderance of the evidence that the release or substantial
threat of release of a hazardous material and the damages resulting in
accordance with any of the permitted defenses enumerated in 415 ILCS 5/22.2
except for the exception listed in 415 ILCS 22.2 (j)(i)(c).
Sec. 14-58.06. Costs and Penalties.
Any person who is liable for the release
or threatened release of a hazardous material who fails without sufficient
cause to pay for or provide removal or remedial action upon or in accordance
with a notice and request of the City of Kankakee, or in accordance with any
order of any court having jurisdiction on the matter, shall be liable to the
City of Kankakee for any costs incurred by the City of Kankakee as a result of
such failure to provide or take such removal or remedial action, together with
the cost of any removal or remedial action taken by the City of Kankakee in
accordance with this Ordinance, and all attorneys' fees and related legal costs
incurred in connection therewith.
In addition, any such person shall be
guilty of a violation of this Ordinance and shall be fined not less than One
Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00) for
each offense. A separate offense shall
be deemed committed for each day on which a violation occurs or continues. Where such violation is found to be the
result of willful and/or wanton conduct or gross negligence, or the person
committing such violation attempts to evade responsibility hereunder by leaving
the scene of the occurrence or by other means, that person shall be subject to
a fine as provided for above or a fine in an amount equal to three times the
costs, including attorneys' fees and legal costs for which it is liable under
Paragraph 1 of Sec. 14-58.06, whichever is greater.
Charges for removal or remedial action
when rendered by the City of
(a) The reasonable cost of each vehicle
responding as determined by the responding agency, but in no case less than One
Hundred Dollars ($100.00) per hour per vehicle; and
(b) The cost of all personnel, including any
overtime cost to the City of Kankakee or to any responding agency incurred as a
result of the removal or remedial action; and...
(c) The cost of all materials and equipment used,
expended, depleted, destroyed or remove from service in accordance with
Federal, State or local Ordinance, as a result of the mitigation or containment
operations if or at the request of the City of Kankakee or any responding
agency.
Sec. 14-58-07. Spiller Pays Ordinance - Authority of Ordinance.
This Ordinance shall supersede any
Ordinances, Resolutions or motions, or parts of Ordinances, Resolutions or
motions in conflict with any part herein, any such sections or parts thereof,
are hereby repealed.
If any section or paragraph of this
Ordinance shall be held invalid or unenforceable for any reason, such
invalidity or unenforceability shall not affect any remaining provisions of
this Ordinance. (Ord. No. 98-10, Sec. 14-58.01..14-58.07)
ARTICLE IV. BURNING OF RUBBISH
Sec. 14‑59. No burning zones.
(a) It shall be unlawful to burn or ignite
any combustible rubbish, refuse, paper, plastics, or wood, out‑of-doors
at anytime, by any person, firm, corporation, retail or wholesale business or
commercial store, single or multi-family residence within the corporate limits
of the City of
(b) Any business or commercial institution
located within the corporate limits of the City of
Sec. 14‑60. Construction, demolition and remodeling sites, dump and junkyard burning.
(a) It shall be unlawful during the
construction or demolition of a building or structure to dispose of waste materials,
rubbish, debris, trees or brush from such construction or demolition site by
burning.
(b) It shall be unlawful for any person or
firm to burn any material whatsoever in or on any public or private dumping
ground within the city.
(c) It shall be unlawful for any junk dealer
or person operating a junkyard to dispose of waste materials, rubbish, refuse,
debris, car and truck bodies or interiors by burning in the city. An exception
to this rule shall be that burning shall be done in a heavy
duty commercial incinerator installed according to Pamphlet 82 of the
National Fire Protection Association, that will emit the minimum of smoke
odors, after first acquiring approval and a permit in writing from the Fire
Department of the City.
Sec. 14‑61. Residential burning
generally; hours.
(a) It shall be unlawful for any person to
burn or ignite any combustible rubbish, refuse, paper, plastics or wood at
anytime within the City of
(b) It is not the intent of this section to
prohibit the use of outdoor fireplaces, barbecue pits or charcoal burners for
food preparation, provided such use creates no fire hazard. (Code l965 ‑
Sec. 13.07, Amended by Ord. No. 91-54,
Sec. 14‑62. Reserved.
Sec. 14‑63. Reserved.
(Previous section 14-63 which allowed burning of leaves was
repealed by Ordinance Number 97-90,
Sec. 14‑64. Appeal.
Any person aggrieved by the provisions of
this article may apply to the Chief of the Fire Department for relief and after
investigating the facts of the case, the Chief may grant a variance where
literal enforcement of such provisions would result in exceptional difficulty
or unusual hardship so that substantial justice will be done and public safety
and welfare secured. (Code 1965, Sec. 13.07, Ord.
91-54, 9-16-91)
Sec. 14‑65. Enforcement.
Enforcing authority for the provisions of
this article shall be the Chief of the Fire Department, inspectors or any on duty
fire officer of the Fire Department of the City and any on duty police officer
or patrolman of the police department. (Code 1965, Sec. 13.07, Ord. 91-54, 9-16-91)
Sec. 14‑66. Issuance of permits for burning and commercial incinerators.
All permits for burning and commercial
incinerators shall be issued by the Fire Department of the City, the Chief of
the Fire Department or the inspector. (Code 1965, Sec. 13.07, Ord. 91-54, 9-16-91)
Sec. 14‑67. Penalty for unauthorized
burning.
Any person violating any provision of
this article, upon conviction shall be subject to a fine of not more than one
hundred dollars ($100.00) for a first offense and not more than two hundred
dollars ($200.00) for a second offense.
Continuing violations of this article shall be subject upon conviction
to a fine of not more than five hundred dollars ($500.00). (Code 1965, Sec.
13.07, Ord. 91-54, 9-16-91)
Sec. 14‑68 ‑ 14‑77. Reserved
ARTICLE
V. FIRE FIGHTER WORK AGREEMENT
ORDINANCE
*Editor's Note ‑ Article V 14‑78,
contains the fire fighter work agreement ordinance adopted by the City in Ord. No. 85‑4
Sec. 14‑78. Short title of work agreement.
This article shall be known as the "Fire Fighter Work Agreement Ordinance". (Ord. No. 85‑4, Sec. 1, 1‑7‑85)
Sec. 14‑79. Specifics and details of agreement.
The City of
Ord. No. Sec. Date
77‑21A 1,2
79‑20B 1,2
83‑9 1,2
84‑46 1,2
Cross
references ‑ Public Works Department work agreement ordinance, Secs. 2‑184, 2‑185; police work agreement
ordinance, Secs. 27‑81, 27‑82. Current Contracts and
Agreements on file in the City Clerk's Office.
WORK AGREEMENT LOCAL 653
INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS AFL-CIO
1987 1990 Ratified on
1990 1993 Ratified on
1993 1996 Ratified on
Current Contracts are on file for
inspection in the City Clerk's Office.(Ord.91-44 Fire
Chief's and Assistant Fire Chief's Contract)
ARTICLE VI. AMBULANCE
Sec. 14‑80. Ambulance Service.
Whenever an ambulance is maintained by
the City of
(a) Ambulance services shall be provided in
cases of emergency to persons requiring pre-hospital care and/or
transportation.
(b) The Fire Department shall transport
persons only to one of the following hospitals:
1. St. Mary's Hospital 2.
500 W. Court Street 350 N.
Wall Street
Sec. 14-81. Fees for ambulance.
The City of
Basic Life Support $275.00
Advanced Life Support
325.00
Oxygen 21.00
Cardiac Monitor (EKG) 80.00
That no user of the aforesaid service,
who is a recipient of Public Aid or covered by Medicare, shall be charged a fee
grater than that which is recoverable from either the Illinois Department of
Public Aid, and/or Medicare for the service rendered, if applicable. (Sec.
14-81 amended by Ord. 93-37;
An additional charge of $100.00 shall be
added whenever the above service is provided to non-residents of the City of
Kankakee, Illinois. (Ord 05-11,
Sec. 14‑82. Collection of ambulance fees.
(a) Whenever the ambulance fee is not paid within
thirty (30) days of the service being rendered the ambulance fee shall be
considered delinquent. The City of Kankakee may in it's discretion file suit to
collect such amounts as are delinquent and due against the responsible
individual for the ambulance fee in a civil action, and shall collect, as well
as, all court costs pertaining to said action, reasonable attorney fees, plus
the sum of twenty‑five dollars ($25.00) to cover the cost of preparation
of all notices and forms as may be required.
(b) The City shall add interest at the rate
of nine percent (9%) per annum on all delinquent fees and on all judgments
rendered against the responsible party. (Ord. 86‑43,
Sec. 1, 12‑8‑86; amending Ord. 85‑52,
Sec. 1,
ARTICLE VII. INSURANCE
Sec. 14-83.
In accordance with the provisions
contained in the Illinois Municipal Code, Chapter 24, Sections 11-10-1 and
11-10-2, all monies received each year beginning in 1990 that is collected and
received by the City under the provisions of this statute shall immediately be
forwarded by the City upon receipt to the treasurer of the Kankakee
Firefighters Insurance Board for disbursement by the duly elected member of
said board, for the maintenance, use and benefit of the Kankakee Fire
Department. The official name of this
Fund shall be the Kankakee Firefighters' Insurance Fund.
Thirty days from the date of passage of
this ordinance by the City Council of the City of
The Officers of the Board shall be
Chairman, Vice Chairman, Secretary, Treasurer and Trustee and shall be elected
by the full-time members of the Kankakee Fire Department to serve a term of two
years. An election shall be held each
two years on May 12, by the members of the Fire Department to retain or replace
the officers of the Board.
The Officers of the Board shall be
required to insure that the Treasurer of the Board has sufficient bonding to
cover the assets of the Fund, and the Mayor shall approve the bond.
All monies disbursed by the Board shall
be approved by the majority vote of the Board and all checks disbursed by the
board shall be sighted by the Treasurer and Chairman of the Board. All members of the Fire Department will be
given opportunity to express their views as to how the monies of the Fund
should be disbursed, but the officers of the Board shall make all final
decisions on disbursements of monies from the Fund.
The Board shall be empowered to adopt
needful rules and regulations for the efficient and effective management of the
fund. (Ord. No. 90-55, Sec 1,
Sec. 14-84 - 14-90. Reserved.
ARTICLE VIII. FALSE
FIRE ALARMS.
Sec. 14-91. Definitions - False Fire Alarms.
For the purposes of this Section, the
following words and phrases shall have the meanings ascribed to them in this
Section.
False Alarm An
alarm signal which indicates the existence of any emergency situation when in
fact, no such emergency exists, and shall include any alarm signal generated by
any fire protection system by whatever means, but shall not include alarms
resulting from any of the following causes:
1. Fire causing structural damage to the
protected premises verified by the Fire Department.
2. Earthquake causing structural damage to
the protected premises.
3. Tornado or hurricane winds causing
structural damage to the protected premises.
4. Flooding to the protected premises due
to overflow of natural drainage.
5. Lightning causing physical damage to
the protected premises.
6. Telephone line malfunction verified to
the Fire Department by an authorized telephone company supervisor within seven
days of the occurrence.
7. Electrical service interruption
verified to the Fire Department by the local power company manager within seven
days of the occurrence.
8. Plumbing or electrical malfunctions
unrelated to the fire protection system.
Fire Alarm User A
"fire alarm user" is defined as the owner of the property from which
the false alarm originates, or the occupant of the property in whose name the
fire alarm system is registered.
Sec. 14-92. Schedule of Fines.
The schedule of fines
for false fire alarms shall be as follows:
Type of False Alarm
Charged:
A fire alarm user shall be fined for each fire alarm if such false fire alarm
is:
1. given
intentionally; or
2. due to or
caused by improper installation, design or use or due to a lack of required
maintenance; or
3. resulting from
any test, repair, alteration or addition to the fire protection system without
prior notification thereof to the City of
Fines: A fire alarm user shall
be fined for false fire alarms as follows:
1. First false alarm in a twelve month
(12) period; no fine, warning letter.
2. Second false alarm in a twelve month
12) period; no fine, warning letter.
3. Third false alarm in a twelve month
(12) period: $100.00.
4. Each additional false alarm in a twelve
month (12) period after three shall result in a false fire alarm charge of at
lease $150.00 with each charge increasing by $50.00 for each additional false
alarm, not to exceed $500.00 per additional incident.
Out of Service Alarm: If a fire alarm gives three (3) or more false
fire alarms within a twelve (12) hour period, the City of Kankakee reserves the
right to place out of service the fire alarm system and may require a fire
watch at its discretion. If the City of
Sec. 14-93. Additional Fines -
False Fire Alarm.
That, in addition to the fine(s) set
forth in Section One, if any false alarm user refuses to pay or fails to within
60 days of the notice of the fine, the user will be deemed to have further
violated this Ordinance and will incur additional fine of not less than $50.00,
nor more than $500.00 for each offense, plus all legal fees and all costs
caused by enforcement. Such fees and
costs shall include, but not be limited to, staff costs of inspection or
re-inspection, legal fees and staff costs of enforcement. A separate offense shall be deemed committed
for each day on which a violation occurs or continues.
Sec. 14-94. Penalty for Non-payment
- False Fire Alarms.
Failure to pay fine which is reduced to
judgment will result in a lien filed against the property at which the fire
alarm is located.
Sec. 14-95. False Fire Alarms - non-liability for City.
The
City of
1. Any defects in the operation of an
alarm system.
2. For failure or
neglect to respond appropriately upon receipt of an alarm.
3. For failure or neglect of any person in
connection with the installation, operation or maintenance of any alarm system.
4. The transmission of alarm signals,
pre-recorded alarm messages or the relaying of such signals and messages.
Sec. 14-96. False Fire Alarms -
Scope of Ordinance.
Nothing in this Ordinance shall authorize
the City of
This ordinance shall supersede any
Ordinance or parts of Ordinances in conflict with any part herein,
and any such Ordinance shall be and is hereby repealed.
If any section, paragraph or provision of
this Ordinance shall be held invalid or unenforceable for any reason, such
invalidity or unenforceability shall not effect any of
the remaining provisions of this Ordinance. (Ord. No 98-31;
ARTICLE IX.
Sec. 14-101. Response Fee - Fire Department.
When emergency responses, other than
ambulance services, are rendered by the Fire Department of the City of
Sec. 14-102. Waiver for Residents - Fee for Fire.
The
City of
Sec. 14-103. Waiver for Mutual Aid Response.
The fee authorized by this ordinance
shall not be assessed for any response to a call pursuant to the Mutual Aid or
Box Alarm System.
Sec. 14-104. Authorization to obtain policy information.
The Fire Chief or his designee is hereby
authorized to obtain a copy of all applicable insurance policies, from any
person, business or citizen for whom services are performed. Failure or refusal to provide a copy of the
applicable policies shall be a violation of this Ordinance and punishable by a
fine not to exceed $500.00.
Sec. 14-105. No
refusal of service.
Nothing in this Ordinance shall authorize
the City of
Sec. 14-106. Repeal Clause.
All Ordinances in conflict or
inconsistent with the provisions of this Ordinance are hereby repealed to the
extent they may be in conflict.
Sec. 14-107. Savings Clause.
The invalidation of any section, part,
provision, term or phase of this Ordinance shall not affect the validity of the
remaining sections of this Ordinance.
Sec. 14-108. Effective Date.
This Ordinance shall be in full force and
effect upon its passage, approval and publication. (Ord. 2000-53,
6-19-2000), (Lateral Entry Firefighter 2007-104, 11-19-2007)
Article X. Hazardous Materials Occurrence.
14-109. Definitions.
A. Responsible Party: Means a
person who:
1.
Owns
or has custody of the hazardous material that is involved in an incident
requiring emergency action by an emergency response agency; or
2.
Owns
or has custody of bulk or non-bulk packaging or a transport vehicle that
contains hazardous material that is involved in an incident requiring emergency
action by an emergency response agency: or
3.
Who causes or substantially contributed to the
cause of the incident.
B. Occurrence: A discharge or threatened discharge of
hazardous materials from a facility, equipment, vehicle or other instrumentality
or thing within the boundaries of the City of
14-110. That unless otherwise exempt, any
Responsible Party shall be charged for services rendered by the City of
A. Hazardous Materials Occurrence:
$250.00 per hour per
vehicle responding;
$100.00 per hour for the
Fire Chief responding;
$ 70.00 per hour for all
other responding personnel;
Replacement costs value
for any item expended for the necessary mitigation or resolution of the
occurrence.
B. Mutual Aid Assistance Charges:
$250.00 per hour per
vehicle responding;
$100.00 per hour for the
Fire Chief responding;
$ 70.00 per hour for all
other responding personnel;
Replacement costs value
for any item expended for the necessary mitigation or resolution of the
occurrence.
C. Non-Resident and Technical/Specialized
Rescue:
1. Technical/Specialized Rescue Services
a. Small basic charge for team response
$1,000.00;
b. Additional charges:
i. $125.00
per hour per vehicle;
ii. $ 35.00 per hour per team member; and
iii. Cost of all materials or equipment used in providing the
response.
2. Water Rescue/Recovery
a. Basic charge for team response $500.00;
b. Additional charges:
i. $125.00
per hour per vehicle;
ii. $ 35.00 per hour per team member; and
iii. Cost of all materials or equipment used in providing the
response.
D. Non-Resident Motor Vehicle:
$125.00 per hour per
vehicle;
$ 35.00 per hour per
team member or firefighter responding
to a call for assistance; and
Cost of extraordinary
expenses for materials and equipment used in providing the response to the call
for assistance.
14-111. In the event it is deemed by the Fire Chief
of the City of Kankakee Fire Department or his designee that it is necessary
for the City of Kankakee Fire Department to request mutual aid assistance, the
Responsible Party shall be charged, in addition to the rates set forth in
Section 14-110 above, for all applicable charges assessed, for the services of
each mutual aid company at the rate set forth in Section 14-110 above.
14-112. In the event that it is deemed by the Fire
Chief of the City of Kankakee Fire Department or his designee that it is
necessary in the mitigation or resolution of an Occurrence for the City of
Kankakee Fire Department to call in MABAS 7 Hazardous Materials Response Team
and /or a separate, independent, specialized service or clean-up contractor,
the Responsible party shall be responsible for payment to the MABAS 7 Hazardous
Materials Response Team and/or separate, independent, specialized service or
clean-up contractor all reasonable charges assessed by said team or contractor
to complete the mitigation or resolution of the occurrence. The responsibility for this payment shall be
in addition to any and all applicable charges assess against the Responsible
Party pursuant to Section 14-110 and 14-111 of this Code. (Ord 10-23)
Article XI. Non-Resident and Technical/Specialized Rescue Services.
14-113.
The following persons shall be jointly and severally liable for all
costs of a Specialized Rescue Team as set forth in this ordinance.
A. The owner of the property on which the
specialized emergency response occurs;
B. Any person involved in any activity which caused or contributed to the causation of the
emergency;
C. In cases involving the rescue or
recovery of an individual, the individual and his/her employer if the person
was in the City in furtherance of the employers interest; and
D. In cases involving the rescue or
recovery of property, the owner of the property and any one who had custody or
control of the property at the time of the emergency.
14-114.
The charges for any emergency response of Technical/Specialized Rescue
Services for the purpose of Extrication, Tactical Rescue, High Angle Rescue,
Confined Space Rescue, Below Grade Rescue, and/or Trench Rescue or any other
non-water rescue are as provided in the City of
14-115.
The charges for an emergency response of Technical/Specialized Rescue
Services for Underwater Rescue/Recovery or any other water rescue are as
provided in the
14-116.
The charges for an emergency response by the City of
14-117. Non-Resident Fire Services Charges. In addition to any other charges imposed by
this Code, non-residents shall be charged for all
non-ambulance Fire Department services the charges imposed under the
14-118. In addition to charges for
Technical/Specialized Rescue Services response, if a person or entity within
the City requests that, pursuant to occupational safety and health laws, the
City or any intergovernmental agency to which the City belongs be listed as the
rescue service or as the backup rescue service on the permit of a
permit-required confined space activity, the charge for such service shall be
$1,000.00 per day. If a person or entity lists
the City as the rescue service or the backup rescue service without notifying
the City, in writing, in advance of entry into any permit-required confined
space, the person or entity shall be charged $1,500.00 per day for each day the
permit is outstanding.
14-119.
Any person or entity that refuses to pay or fails to pay the
above-listed charges within sixth (60) days of notice of the charge will be
deemed to have violated this Ordinance and will incur a fine of not less than
$100.00 or more than $750.00 for each offense, plus all legal fees and all
costs incurred in enforcement. Such fees
and costs shall include, but not be limited to, attorneys fees and the costs
of collection. A separate offense shall be deemed committed for each day on which a violation
occurs and continues.
14-120. In the event that it is deemed by the Fire
Chief of the City of Kankakee Fire Department or his designee that it is
necessary in the mitigation or resolution of a Technical/Specialized Rescue
Event for the City of Kankakee Fire Department to call in MABAS 7, or other
Fire Service agencies, or a separate, independent, specialized service or
clean-up contractor, the Responsible Party shall be responsible for payment
to MABAS 7, or other Fire Service agencies or a separate, independent,
specialized service or clean-up contractor, all reasonable charges assessed by
said contractor to complete the mitigation or resolution of the event. The responsibility for this payment shall be
in addition to any and all applicable charges assessed
against the Responsible Party pursuant to this ordinance. (Ord 10-24)
ARTICLE I. IN GENERAL
Acting Fire Chief........................................................................................... 14
- 07.1
Arrests at fires.................................................................................................. 14
- 15
Assistant
Fire Chief.......................................................................................... 14
- 07
Assistant Fire Inspector generally...................................................................... 14
- 10
Authority of Fire Chief generally....................................................................... 14
- 04
Damaging
fire apparatus prohibited................................................................... 14
- 14
Discipline
within the Fire Department................................................................ 14
- 05
Duties
of fire prevention...division.................................................................. 14
- 27.5
Duties
of firemen generally................................................................................ 14
- 11
Duty of Fire Chief to keep records................................................................... 14
- 06
Duty to obey Fire Chief at fires......................................................................... 14
- 08
Fire
Chief‑‑ Office created............................................................................... 14
- 03
Fire
Department established; composition......................................................... 14
- 01
Fire inspector generally..................................................................................... 14
- 09
Fire
lanes on privately owned property ............................................................ 14
- 20
Fire
protection agreement with KCC................................................................ 14
- 16
Hindering
firemen............................................................................................. 14
- 13
Isolation of area during emergency.................................................................... 14
- 17
Obstructing fire hydrants................................................................................... 14
- 18
Removal
of property saved from fire................................................................. 14
- 12
Residence
requirements for firemen................................................................ 14
- 02.1
14-02
RESERVEB
ARTICLE II. FIRE PREVENTION CODES
Transportation
for fire prevention/education
14-35
Adoption of Fire Prevention Code.................................................................... 14
- 27
Adoption of Life Safety Code........................................................................... 14
- 28
Amendments‑Fire
Prevention Code/Life Safety /Code...................................... 14
- 37
Appeals
to Fire Department for denied permit................................................... 14
- 39
Committee
to determine other permits required
..........
14-40
Definition
for Fire Prevention Code................................................................... 14
- 29
Districts
for storage of flammable liquids........................................................... 14
- 32
Duties
of Fire Prevention Bureau . . . . . . . .
14 - 27.5
Establishment
of districts for explosive storage............................................. ....
14 - 33
Fire extinguishing and alarm systems.............................................. ..
.14 - 40.2
Fire
prevention/education/investigation . . . . . . .
14 - 30
Installation
of fire hydrants ............................................................................ 14
- 40.1
Limits
of bulk storage of petroleum................................................................... 14
- 34
Modifications
to Fire Prevention/Life Safety...................................................... 14
- 38
Powers and duties of Fire Prevention Bureau.................................................... 14 - 31
Residences
need smoke
detectors. ................................................................ 14
- 42
Standpipes generally...................................................................................... 14
- 41.3
Submittal
of building plans to
F.P. bureau......................................................... 14
- 36
The National Fire Code, 1990 Edition adopted.............................................. 14 - 37.1
Violations
of Life Safety/Fire Prevention Code............................................... 14
- 41.4
ARTICLE III. FLAMMABLE LIQUIDS AND LIQUEFIED PETROLEUM GAS
Construction,
demolition and remodeling sites................................................... 14
- 60
Costs
and penalties
14-58.6
Definitions
‑ flammable liquids........................................................................... 14
- 53
Extinguisher requirements for vehicles............................................................... 14
- 56
Parking
and garaging tank vehicles.................................................................... 14
- 58
Secure
Portable containers in delivery trucks..................................................... 14
- 57
Transporting over City streets........................................................................... 14
- 55
ARTICLE III. SPILLER PAYS ORDINANCE
Spiller Pays Ordinance ‑ Response
Authority................................................ 14
- 58.3
Spiller
Pays Ordinance ‑ Authority of Ordinance............................................ 14
- 58.7
Spiller
Pays Ordinance ‑ Defenses. ............................................................... 14
- 58.5
Spiller
Pays Ordinance ‑ Definitions............................................................... 14
- 58.1
Spiller
Pays Ordinance ‑ Liability for Costs.................................................... 14
- 58.4
Spiller
Pays Ordinance ‑ Prohibited Acts....................................................... 14
- 58.2
ARTICLE IV. BURNING OF RUBBISH
Appeal
to Fire Chief ‑ Burning rubbish.............................................................. 14
- 64
Enforcement
of provisions for burning rubbish................................................... 14
- 65
Issuance
of permits for burning ........................................................................ 14
- 66
No
burning zones............................................................................................. 14
- 59
Penalty for unauthorized burning....................................................................... 14
- 67
Repeal
of Leaf burning ordinance...................................................................... 14
- 64
Residential burning generally; hours................................................................... 14
- 61
ARTICLE V. FIREMAN WORK AGREEMENT ORDINANCE
Short title of work agreement............................................................................ 14
- 78
Specifies
and details of agreement..................................................................... 14
- 79
ARTICLE VI. AMBULANCES
Ambulance Service.......................................................................................... 14
- 80
Collection of ambulance fees............................................................................ 14
- 82
Fees for ambulance.......................................................................................... 14
- 81
ARTICLE VII. INSURANCE 14 - 83
Firefighters' insurance board/fund...................................................................... 14
- 83
ARTIVLE VIII ‑ FALSE FIRE ALARMS
Additional Fines ‑ False Fire Alarm.................................................................. 14
- 93
Definitions
‑ False Fire Alarms.......................................................................... 14
- 91
False Fire Alarms ‑ non‑liability
for City............................................................ 14
- 95
False Fire Alarms ‑ Scope of Ordinance........................................................... 14
- 96
Penalty for Non‑payment ‑ False Fire
Alarms................................................... 14
- 94
Schedule of Fines............................................................................................. 14
- 92
Response fee fire
department
..14-101
Waiver for residents fee for
fire
14-102
Waiver for mutual aid
response
14-103
Authorization to obtain policy
information
14-104
No refusal of service
14-105
Repeal clause
14-106
Savings clause
. 14-107
Effective
Date
.14-108