15.28 – Fire Prevention Code

The provisions of a) the ICC International Fire Code 2021 edition, with the following Appendices,

• Appendix B – Fire Flow Requirements for Buildings
• Appendix C – Fire Hydrant Locations and Distribution
• Appendix D – Fire Apparatus Access Roads

as published by the International Code Council, Inc. 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, and b) the NFPA 101 Life Safety Code, 2021 edition, published by the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101, are hereby adopted by reference as if fully set forth herein, together with the amendments listed herein, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. These codes and amendments thereto shall be known as the “City of St. Charles Fire Prevention Code.”

1. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the department of the City, which is established and which shall operate under the supervision of the Chief of the Fire Department.
2. The person in charge of the Bureau of Fire Prevention shall be designated by and serve at the pleasure of the Chief of the St. Charles Fire Department.
3. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary.
4. The Chief of the Fire Department shall recommend any amendments to the Code, which, in his judgment, shall be desirable.

1. Wherever the words “Fire Prevention Code” or “Code” are used, they shall be held to mean the City of St. Charles, Illinois, Fire Prevention Code.
2. Wherever the word “Municipality” is used in the Fire Prevention Code, it shall be held to mean the City of St. Charles, Illinois.
3. Wherever the term “Corporation Counsel” is used in the Fire Prevention Code, it shall be held to mean the City Attorney for the City of St. Charles, Illinois.
4. Wherever the term “Fire Officials,” “Fire Inspector,” “Inspector,” “Code Official,” “Authority Having Jurisdiction,” or “Fire Marshal” is used, it shall be held to mean the Chief of the St. Charles Fire Department or his designee.
5. Wherever the term “Bureau of Fire Prevention” is used, it shall be held to mean the Bureau of Fire Prevention of the City of St. Charles, Illinois.

1. Prohibited Storage of Explosives and Blasting Agents. The storage, handling and use of explosives and blasting agents are hereby prohibited.
2. Prohibited Storage of Flammable and Combustible Liquids. The storage of flammable and combustible liquids in outside, above-ground tanks is hereby restricted as follows: As approved by the Fire Prevention Code by the City of St. Charles, Illinois 60174. See Table 2306.2.3.
3. Prohibited Storage and Manufacturing of Fireworks. The manufacture, sale, handling, use or storage of fireworks is prohibited within the corporate limit of the City of St. Charles.
4. Restricted Bulk Storage of Liquefied Petroleum Gases. The bulk storage of liquefied petroleum gases in excess of 1,000 gallons of water capacity is hereby prohibited.
5. Motor Vehicle Routes for Transporting Hazardous Chemicals and Other Dangerous Articles Including Liquefied Petroleum Gases and Combustible and Flammable Liquids. Routes for vehicles transporting hazardous chemicals and other dangerous articles including combustible and flammable liquids are hereby established as follows:
   1. Routes approved by the state or federal governments.
   2. No tank vehicles shall be parked for over one hour or left unattended at any time.

20.       Amend Section 5003.1 “Scope” to read as follows:

5003.1 Scope. The storage, use and handling of all hazardous materials shall be in accordance with this Section and Exhibit A.

21.       Add Section 5601.2 “Permit required” to read as follows:

5601.2 Permit required. Permits shall be required as set forth in Section 105.5 and regulated in accordance with this section. An application for permit, on a form developed by the Fire Official, shall be made in writing at least sixty (60) days in advance of the display of fireworks or discharge of explosives.

22.       Amend Section 5705.1 “Scope” to read as follows:

5705.1 Scope. Dispensing, use, mixing and handling of flammable liquids shall be in accordance with Section 5703 and this Section. Tank vehicle and tank car loading and unloading and other special operations shall be in accordance with Section 5706. Flammable or combustible liquids shall not be dispensed by gravity from tanks, drums, barrels or similar containers. Approved pumps that take suction from the top of the container shall be used. Unattended dispensing operations by the general public shall be prohibited. Mobile fueling shall not be allowed unless approved by the Fire Code Official and all requirements from the Office of the State Fire Marshall have been met. No tank vehicle shall be left unattended on any lot, street, highway, avenue, alley, or any other location, public or private.

Exception:
Containers of organic coatings having no fire point and which are opened for pigmentation are not required to comply with this Section.

23.       Add section 6101.4. “Storage Prohibited/Permit Required” to read as follows:

6101.4 Storage Prohibited/Permit Required. Aboveground storage of liquefied petroleum gas utilizing one or more containers having a total capacity of over 1,000 gallons water capacity shall be prohibited.

24.       Add section 6101.5 to read as follows:

6101.5 Parking Restrictions. No tank vehicle shall be left unattended on any lot, street, highway, avenue, alley or any other location, public or private.

25.       Add Exhibit A:

Exhibit A

Performance Guidelines for High Hazard Uses in the City of St. Charles

1. Specific location: The geographic location and distances to other structures, rivers, streams, and other use groups.
2. Zoning: The proximate distances to assembly, educational, institutional, and residential uses and vacant land zoned for these uses.
3. Types of hazardous materials which are not allowed: Materials listed in Section 202 High Hazard Group H-1 that present a detonation hazard shall not be permitted under any circumstances.
4. Allowable construction types: Type I and II only.
5. Required fire protection for High Hazard materials:
   a. Provide extra hazard Group II fire sprinkler system
   b. Provide a fixed foam fire protection system
6. Required water supply system: 3,000 to 6,000 gallons per minute from a reliable source.

In case there shall be, in the opinion of the Fire Official, actual and immediate danger to life and property from the hazards of fire and explosion arising from the storage, handling, or use of hazardous substances, materials, or devices, or from conditions hazardous to life and property in the use or occupancy of buildings or premises, the Fire Official shall employ such labor and machinery, equipment and devices and cause the necessary work to be done to render said occupants or property temporarily safe, whether the procedure prescribed in this section has been instituted or not.

1. Where practical and time constraints permit, the owner, occupant or other person responsible for the emergency condition shall be notified of the emergency condition, in writing, and shall have the option of making the condition safe.
2. The owner and occupants of the premises shall be jointly and severally liable for any costs incurred in connection with the same.
3. The Fire Official of the City of St. Charles, Illinois, shall cause proper action to be instituted against the owner of the premises, and the occupants if different than the owners, for the recovery of costs incurred by the City of St. Charles, Illinois, in the performance of the emergency work.
4. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them:
   1.  “Hazardous Substance” or “Hazardous Material” means any substance or material or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, radioactive, flammable, combustible, or which generates pressure through decomposition, heat or other means and which may cause injury, or illness to humans, domestic livestock, or wildlife or as defined by the Illinois Environmental Protection Act or any federal law.

b.  “Hazardous Material Incident” means an incident which threatens public health or safety involving the actual or potential release of a hazardous substance or hazardous material.

c.  “Toxic” means any substance (other than a radioactive substance) which has the capacity to produce bodily injury or illness to man through ingestion, inhalation, or absorption through any body surface.

d.  “Corrosive” means any substance which, in contact with living tissue, causes destruction of tissue by chemical action, but does not refer to action or inanimate surfaces.

e.  “Irritant” means any substance, no corrosive, which, on immediate, prolonged or repeated contact with normal living tissue, will induce local inflammatory reaction.

f.  “Strong Sensitizer” means any substance with will cause on normal living tissue through an allergic or photo dynamic process, a hypersensitivity of the same substance.

g.  “Radioactive” means any substance which emits ionizing radiation.

h.  “Flammable” means any substance which has a flash point of less than 100 degrees Fahrenheit.

i.  “Combustible” means substance with a flash point greater than 100 degrees Fahrenheit.

j.  “Person” shall mean any individual, partnership, corporation, trust, firm, company, estate, association, or other legal entity.

Control of Hazardous Substances or Hazardous Materials:

1. It shall be unlawful for any person to use, store, deliver or transport hazardous substances or hazardous materials, or cause the use, storage, delivery of transporting of hazardous substances or hazardous materials in any manner inconsistent with the requirements of the Fire Prevention Code of the City of St. Charles or any other applicable City ordinance, County ordinance, State law or Federal law.
2. It shall be unlawful for any motor vehicle carrying, transporting or containing a hazardous substance or hazardous material to park or stand, other than temporarily for the purpose of, and while actually engaging in, loading or unloading, on private property, without the knowledge and express consent of the person who is in charge of the property and who is aware of the nature of the hazardous substance or hazardous material the motor vehicle contains.
3. It shall be unlawful for any person using, storing, manufacturing, producing, disposing, treating, transporting or causing the use, storage, manufacture, production, disposal, treatment or transportation of any hazardous substance or hazardous material in any manner which results in a hazardous materials incident.

Hazardous Materials or Hazardous Substance Incident Expense Recovery:

1. Any person causing or permitting a hazardous material incident shall be responsible for all of the following:
   1. Reimbursement in full, of any and all costs incurred by the CITY in connection with the operation (including equipment and vehicles), maintenance, and staffing required to respond to such hazardous materials incident. Vehicles and staffing will be charged the hourly rate of pay, including overtime expenses and overhead costs, for each employee who participates in such response to a hazardous materials incident. Any maintenance costs incurred by the CITY will be reimbursed at the rate of time and materials.
   2. Reimbursement, in full, for any and all costs incurred by the CITY for equipment and material s used, damage, lost, spent, destroyed or rendered irreparable in connection with a hazardous materials incident.
   3. Assumption of, and all liability and costs for, any cleanup or removal resulting from any hazardous material incident, including but not limited to any independent cleanup contractor necessitated by such hazardous material incident.
   4. Any and all costs and reasonable attorney's fees incurred in connection with the enforcement of the Ordinance and any collection undertaken hereunder.
2. The City of St. Charles shall prepare and forward to the person or persons causing or permitting a hazardous material incident a bill for the total costs and expenses incurred for which such person or persons are responsible pursuant to this Section; provided, however, any costs in connection with any independent cleanup contractor shall be billed directly by such contractor. Payment of the total bill shall be made within thirty (30) days of receipt. Any bill or portion of a bill remaining unpaid after thirty (30) days of receipt shall accrue interest on the unpaid balance at the rate of 1 ½% per month, or fraction of month.

Limitation of Liability: The City, its officers, agents or employees, shall not have any liability or responsibility for any claim, injury, or damage of any kind resulting from a hazardous material incident to which the City or any of its departments, officers, agents or employees responds.

Invalidity: Should any clause, sentence, paragraph or part of this Ordinance be declared a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

The Building Official, the Chief of the Fire Department, and the Chief of the Bureau of Fire Prevention 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 the Fire Prevention Code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

Any violations of this Chapter shall be enforced and prosecuted in accordance with the provisions of Chapter 15.101 of the St. Charles Municipal code. The Chief of the Fire Department shall have all of the rights and responsibilities given to the Building Official under Chapter 15.101 for the prosecution and enforcement of any violations under this chapter.

1. Purpose and Intent - The ordinance codified in this chapter is adopted for the purpose of regulating and permitting fire alarm systems to which the fire department is expected to respond and to supplement the provisions of the ICC International Fire Code, 2021 edition and the NFPA 101 Life Safety Code, 2021 edition as previously adopted.
2. Applicability - The provisions of this chapter shall apply to all fire alarm systems used and operated within the jurisdiction of the St. Charles Fire Department.
   
   1. The provisions of this article shall not apply to any electric, wired, or battery operated, single station smoke detectors installed to alert the occupants of any single-family residence to the danger of a fire.
   2. For the purpose of supplementing the provisions contained in this article, the City Council hereby adopts NFPA 72 - National Fire Alarm code, as referenced in the    adopted Fire Prevention Code, published by the National Fire Protection       Association.
3. Permit Required
   
   1. It is unlawful for any person, firm, partnership, corporation or other entity to use, own or lease a fire alarm system or to be in control of a protected premise, wherein an alarm system is operated or maintained without having first obtained a permit as provided in this chapter.
   2. It is unlawful for any person, firm, partnership, corporation or other legal entity to use, own or lease an alarm system or to be in control of a protected premises wherein an alarm system is operated or maintained when a permit therefore has been revoked.
   3. A permit must be obtained for each separately addressed operating location.
   4. No fee shall be charged to obtain an alarm user permit.
   5. All permits issued are valid indefinitely unless revoked.
4. Permit Application -For every new fire alarm system and any time there is a change in the information required by this section, every fire alarm user shall file a completed or amended application for a fire alarm permit with the Fire Department for review and approval.
   
   1. Each applicant for a permit to maintain a fire alarm system shall file a written application with the Fire Department stating:
      
      1. The full legal name, address and telephone number of the applicant.
      2. The name, address and telephone number of the proposed protected premises where the fire alarm is located.
      3. Any fire alarm system designed to transmit a signal to a fire alarm monitoring agency shall include the name, address, and telephone number of said agency.
      4. The type of fire alarm system at the protected premises.
      5. A list of three persons, including their addresses and telephone numbers, who can be contacted and will respond to the protected premises in the event of an emergency or to reset or deactivate the fire alarm system, or who could contact the alarm user if the alarm user is not at the protected premises.
      6. The name, address, and telephone number of the fire alarm company that installed the fire alarm.
      7. The name, address, and telephone number of the fire alarm company that is responsible for the maintenance and repair of the fire alarm system, if applicable.
   2. Incomplete applications shall be returned to the applicant:
      
      1. A permit will not be issued until the completed application is received and the Fire Chief or his designate has granted approval for the permit.
   3. An application for an alarm user permit shall be denied if:
      
      1. The applicant has failed to pay false fire alarm fees required by this ordinance for a different protected premises under the applicant's ownership or control.
      2. The applicant has failed to comply with any provisions of this ordinance or other ordinances of the city.
   4. The Fire Chief or his designate shall be responsible for processing and issuing alarm user permits.
   5. It shall be unlawful for any alarm user to fail or refuse to amend its alarm user permit application within 14 days after any of the information required and obtained therein becomes outdated or inaccurate.
5. Alarm Activation at a Protected Premises Where an Alarm User Permit has not Been Issued - Each notice to the Tri-Com Central Dispatch or the Fire Department of an activation of a fire alarm system at the protected premises protected by a fire alarm which is not permitted shall be considered a separate violation of this chapter and any alarm user who does not have a valid fire alarm user permit will be assessed a fine in the amount of $300.
6. Transfer of Alarm User Permit Prohibited - A fire alarm user permit cannot be transferred to another premises or to another person.
7. False Alarms Prohibited - It shall be unlawful for any person to start or spread any false alarm of fire or to knowingly activate a fire alarm system for the purpose of summoning the Fire Department except if such person knows or suspects that there is an actual emergency or fire condition on the premises.
8. False Alarms - Fines – Notifications - A response fee shall be imposed to all fire alarm users to reimburse the Fire Department for the increased costs associated with responding to excess false fire alarms from any fire alarm system at a single protected location.
   1. Any alarm user who has more than three (3) false fire alarms within a calendar year at a single protected location will be assessed fines according to the following fine schedule:
      
      1. Four to five false fire alarms: $50 fine per false fire alarm
      2. Six to ten false fire alarms: $100 fine per false fire alarm
      3. More than ten false fire alarms: $300 fine per false fire alarm
   2. After the third recorded false alarm within any calendar year for any alarmed premises, the Fire Chief or his designee shall send an invoice for response fees to the fire alarm user.  Such invoice shall be sent by postage paid U.S. mail or personally delivered to the user of the alarmed premises where the false fire alarm(s) occurred.
   3. Any individual, firm, partnership, corporation, association, organization, company or other entity in control of a protected premises where an alarm system is located accused of a violation of this article may settle and compromise the claim or violation by paying the invoice for response fees to the City, within thirty (30) days of after it is mailed.  Payment of such claim or claims shall be made at the Finance Department of the City. In the event such claim or claims are not paid within thirty (30) days, or if the alarm user otherwise contests the validity of the claim, a complaint or notice to appear in court may be issued for the alleged violation.
   4. The alarm user shall have the opportunity, within fourteen (14) days from the date of mailing or personal delivery, to submit a written request or meet with the Fire Chief for the purpose of showing cause as to whether circumstances exist to warrant voiding the invoice for response fees due false fire alarm activations. The Fire Chief shall review the alarm user's report and/or meet with the alarm user and issue a written finding to the alarm user as to whether or not the invoice for response fees due false fire alarm activations will be voided. The finding of the Fire Chief shall be final.
   5. Any fire alarm user that exceeds the level of ten (10) false fire alarms per calendar year shall be required to enroll in the Underwriters Laboratory (UL) fire alarm certificate program.  Such certificated users shall be subject to the UL random system inspections.  Enrollment in this program would cease when the fire alarm user has demonstrated to the Fire Chief or his designate that the fire alarm system no longer transmits false fire alarms on a recurring basis.
9. False Fire Alarm Determinations
   1. There shall be a presumption that a fire alarm activation was a false fire alarm where the Fire Chief or his designee determines that;
      
      1. There is no evidence of a fire or other smoke, heat, or noxious fume condition on the protected premises that would warrant a call for immediate response from the Fire Department.
      2. There is no evidence that extraordinary weather conditions, electrical power failures, transmission line malfunctions or other circumstances beyond the control of the alarm user caused the activation of the fire alarm.
   2. Whenever a new fire alarm system is installed, no fire alarm activation from such an alarmed premises shall be deemed to be a false fire alarm within the meaning of this chapter for a period not to exceed thirty (30) days after the approved installation of said fire alarm system.
10. Testing Equipment - No person shall conduct or cause to be conducted, any test or demonstration of any fire alarm system or signaling device which causes the Fire Department to be dispatched. All systems shall be put in “test” with the pertinent central station prior to testing and be placed back in service after the testing or work has been completed. Any test, which is not preceded immediately by notification to the pertinent central station, shall be deemed a false fire alarm as defined by this chapter.
11. No Liability of City - The city assumes no liability for any defects in the operation of any fire alarm system or signal line system for any failure or neglect of any person associated with the installation or maintenance of any fire alarm system, for any failure or neglect of any alarm user, for the transmission or receipt of fire alarm signals, or any failure or neglect to respond upon receipt of an fire alarm from any source. In the event that the city finds it necessary to allow for the disconnection of any fire alarm system, the city shall have no liability for such action. No special duty other than that owed to the general public shall be created by virtue of this ordinance or by virtue of the issuance of a fire alarm system permit or receipt of alarm signals by the Tri-Com Central Dispatch.
12. Severability - If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair, or invalidate the remainder of this chapter in the application of such provision to other persons or circumstances but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the City Council that this chapter would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section, or part thereof not been included.
13. Penalty for Violation - Any person, firm, or corporation violating any provisions of this Section are subject to specific fines established in this Section, or as otherwise provided in this code. Each day during which a violation in this section continues or is permitted to exist shall be considered a separate and distinct offense.

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