It shall be unlawful to burn garbage in the village.

(Ord. 293, passed 10-5-1961)  Penalty, see § 91.99

It shall be unlawful to burn any household refuse or trash except during the hours between sunrise and sunset, during any day, and provided however any and all of said refuse and trash shall be burned in an incinerator, barrel, wire, or other permanent container constructed so as to prevent the escape of burning refuse or ashes, and further shall be burned only on private property.

(Ord. 293, passed 10-5-1961)  Penalty, see § 91.99

It shall be unlawful to burn any household refuse or trash except during the hours between sunrise and sunset, during any day, and provided however any and all of said refuse and trash shall be burned in an incinerator, barrel, wire, or other permanent container constructed so as to prevent the escape of burning refuse or ashes, and further shall be burned only on private property.

(Ord. 293, passed 10-5-1961)  Penalty, see § 91.99

All trash and refuse and wastes accumulating on premises used for industrial and commercial purposes shall be hauled away from said premises daily.

(Ord. 301, passed 9-20-1962)  Penalty, see § 91.99

   (A)   Title. These regulations as set forth herein shall be known as the “Fire Prevention Code of the Village of South Jacksonville” and are herein referred to as such or as “this subchapter” or “subchapter”.

   (B)   Purpose. The purpose and the intent of this subchapter is to prescribe minimum requirements and controls to safeguard life, property, or public welfare from the hazards of fire and explosion arising from the storage, handling, or use of substances, materials, or devices and from conditions hazardous to life, property, or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots, or premises. All matters within the intent of this subchapter and not covered by this subchapter shall comply with the National Fire Prevention Code – 101 – 1988 Life Safety Code.

   (C)   Alternate methods and materials. The provisions of this subchapter are not intended to prevent the use of any material or method of work not specifically prescribed by this subchapter, provided such alternative has been approved. The approval of any such alternative shall comply with the intent of the provisions of this subchapter. The material, method, or work offered shall be, for the purpose intended, at least the equivalent of that prescribed in this subchapter in quality, strength, effectiveness, fire resistance, durability, and safety.

(Ord. 672, passed 11-2-1989)

   (A)   New and existing conditions.

      (1)   The provisions of this subchapter shall apply equally to new and existing buildings and conditions.

      (2)   Exceptions include:

         (a)   Existing conditions which do not constitute a distinct hazard to life or property; and

         (b)   The transportation of any articles or substance under the jurisdiction of and in compliance with the regulations prescribed by the military forces of the United States.

   (B)   Applicability of other laws. Nothing in this subchapter shall be construed, interpreted, or applied to abrogate, nullify, or abolish any law, ordinance, or code adopted by the jurisdiction governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of buildings specifically provided herein. When any provision of this subchapter is found to be in conflict with any building, zoning, safety, health, or other applicable law, ordinance, or code of the jurisdiction existing on the effective date of this subchapter or hereafter adopted, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.

   (C)   Application of Building Code. The planning, design, and construction of new buildings and structures to provide egress facilities, fire protection, and built-in fire protection equipment shall be controlled by the building ordinances of the village and any alterations, additions, or changes in buildings required by the provisions of this subchapter which are within the scope of the building ordinances shall be made in accordance therewith.

   (D)   Special equipment. Special fire protection equipment shall be installed when adequate fire protection is not being provided or hazardous or dangerous conditions exist. The special fire protection equipment shall be installed in accordance with the requirements of this subchapter and the village building ordinances.

   (E)   Existing buildings. Buildings built under and in full compliance with the village ordinances in force at the time of construction or alteration thereof, and that have been properly maintained and used for such use as originally permitted, shall be exempt from the requirements of this subchapter pertaining to any of the following matters:

      (1)   Fire protection of structural elements except as provided for existing buildings under the village building ordinances;

      (2)   Exits required, except as provided for existing buildings under this subchapter and the village building ordinances; and

      (3)   Isolation of hazardous operations and mixed uses; provided, however, that the Code Official shall require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices, sprinklers, or similar systems) where they are necessary to provide safety to life and property. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the Code Official shall prescribe limitations on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property.

(Ord. 672, passed 11-2-1989)

   (A)   Enforcement Officer. It shall be the duty and responsibility of the employee designated by the appointing authority of the jurisdiction, or the duly authorized representative, to enforce the provisions of the Fire Prevention Code as herein set forth. The designated Enforcement Officer of this subchapter is herein referred to as the Code Official.

   (B)   Inspections. The Code Official shall inspect all structures and premises except single-family dwellings, and dwelling units in two-family and multifamily dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with firefighting operations, endanger life, or any violations of the provisions or intent of this subchapter, or any other ordinance affecting fire safety.

   (C)   Coordinated inspections. Whenever in the enforcement of the Fire Prevention Code or another code or ordinance, the responsibility of more than one official, either of this jurisdiction or some other jurisdiction, i.e., State Fire Marshal, is involved, it shall be their duty to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance, or code of the jurisdiction, not within the inspector’s authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.

   (D)   Right of entry. Whenever necessary for the purpose of enforcing the provisions of this subchapter, or whenever the Code Official has reasonable cause to believe that there exists in any structure or upon any premises, any condition which makes such structure or premises unsafe, the Code Official shall be permitted to enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Code Official by this subchapter; provided that if such structure or premises be occupied, the Code Official shall first present proper credentials and request entry. If such entry is refused, the Code Official shall have recourse to every remedy provided by law to secure entry.

   (E)   Investigation of fires. The Code Official shall investigate, or cause to be investigated, every fire or explosion occurring within the jurisdiction that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such an occurrence is of a suspicious nature, the Code Official shall take charge immediately of the physical evidence, and in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, take means to prevent access by any person or persons to such buildings, structure, or premises until such evidence has been properly processed. The Code Official shall notify such persons designated by law to pursue investigations into such matters and shall further cooperate with such authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion.

   (F)   Fire records. The Code Official shall keep a record of all fires and all facts concerning the same, including investigation findings and statistics and information as to the cause, origin, and the extent of such fires and the damage caused thereby.

   (G)   Administrative liability. The Code Official, officer, or employee charged with the enforcement of this subchapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed in the lawful discharge of duties and under the provisions of this subchapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinates of the Code Official shall not be liable for costs in any action, suit, or proceeding that is instituted in pursuance of the provisions of this subchapter; and any official, officer, or employee, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of the official duties in connection therewith.

   (H)   Jurisdictional liability. The jurisdiction shall not be liable under this subchapter for any damage to persons or property, by reason of the inspection or reinspection of buildings, structures, or equipment authorized herein, or failure to inspect or reinspect such buildings, structures, or equipment or by reason of the approval or disapproval of any building, structure, or equipment authorized herein.

   (I)   Rules and regulations. The Code Official shall have authority as necessary in the interest of public safety, health, and general welfare to promulgate rules and regulations, to interpret and implement the provisions of this subchapter, to secure the intent thereof, and to designate requirements applicable because of climatic or other conditions. Such rules shall not have the effect of waiving any fire safety requirements specifically provided in this subchapter, or violating accepted engineering practice involving public safety.

   (J)   Notice. It shall be unlawful to: engage in any business activity involving the handling, storage, or use of hazardous substances, materials, or devices; maintain, store, or handle materials; conduct processes which produce conditions hazardous to life or property; install equipment used in connection with such activities; or establish a place of assembly without first notifying the Code Official.

   (K)   Sale of fireworks. It shall be unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, or sell any fireworks, as that term is defined at 425 ILCS 35/1, within the village.

   (L)   Possession or use of fireworks. It shall be unlawful for any person, firm, copartnership, or corporation to knowingly possess, use, or explode any fireworks, as that term is defined at 425 ILCS 35/1, within the village, unless that person, firm, copartnership, or corporation has a permit issued pursuant to § 91.18.

(Ord. 672, passed 11-2-1989; Ord. 770, passed 6-5-1997)  Penalty, see § 91.99

   (A)   Permits required. Permits shall be obtained from the Code Official. Inspection or permit fees, if any, shall be as established from time to time by the village. Permits shall at all times be kept in the premises designated therein and shall, at all times be subject to inspection by the Code Official.

   (B)   Application for permit. Application for a permit required by this subchapter shall be made to the Code Official on a form provided by the village. Applications for permits shall be accompanied by plans or drawings as required by the Code Official for evaluation of the application.

   (C)   Action on application. Before a permit is issued, the Code Official or the Code Official’s designated representative shall make or cause to be made such inspections or tests as are necessary to assure that the use and activities for which application is made complies with the provisions of this subchapter.

   (D)   Conditions of permit. A permit shall constitute permission to maintain, store, or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities in accordance with the provisions of this subchapter. Such permission shall not be construed as authority to violate, cancel, or set aside any of the provisions of this subchapter. Said permit shall remain in effect until revoked, or for such period of time specified on the permit. Permits are not transferable and any change in use, operation, or tenancy shall require a new permit.

   (E)   Approved plans. Plans approved by the Code Official are approved with the intent they comply in all respects to this subchapter. Any omissions or errors on the plans do not relieve the applicant of complying with all applicable requirements of this subchapter.

   (F)   Revocation of permit. The Code Official shall revoke a permit or approval issued under the provisions of this subchapter if upon inspection any violation of the subchapter exists, or if conditions of a permit have been violated, or if there has been any false statement or misrepresentation as to material fact in the application, data, or plans on which the permit or approval was based.

   (G)   Suspension of permit. Any permit issued shall become invalid if the authorized work or activity is not commenced within six months after issuance of the permit, or if the authorized work or activity is suspended or abandoned for a period of six months after the time of commencement.

   (H)   Payment of fees. A permit shall not be issued until the designated fees have been paid.

(Ord. 672, passed 11-2-1989)

Any person shall have the right of appeal to the Zoning Board of Appeals from a decision of the Code Official. An application for appeal shall be based on a claim that the true intent of this subchapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this subchapter do not fully apply, or an equally good or better method of fire prevention is used. The application shall be filed on a form obtained from the Code Official within 20 days after the notice was served.

(Ord. 672, passed 11-2-1989)

   (A)   General. Whenever the Code Official or the Code Official’s designated representative shall find in any structure or upon any premises dangerous or hazardous conditions or materials as follows, the Code Official shall order such dangerous conditions or materials to be removed or remedied in accordance with the provisions of this subchapter:

      (1)   Dangerous conditions which are liable to cause or contribute to the spread of fire in or on said premises, building, or structure or endanger the occupants thereof;

      (2)   Conditions which interfere with the efficiency and use of any fire protection equipment;

      (3)   Obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with the egress of occupants or the operation of the Fire Department in case of fire;

      (4)   Accumulations of dust or waste material in air conditioning or ventilating systems or grease in kitchen or other exhaust ducts;

      (5)   Accumulations of grease on kitchen cooking equipment, or oil, grease, or dirt upon, under, or around any mechanical equipment;

      (6)   Accumulations of rubbish, waste, paper, boxes, shavings, or other combustible materials or excessive storage of any combustible material;

      (7)   Hazardous conditions arising from defective or improperly used or installed electrical wiring, equipment, or appliances;

      (8)   Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive, or otherwise hazardous materials;

      (9)   Dangerous or unlawful amounts of combustible, explosive, or otherwise hazardous materials; and/or

      (10)   All equipment, materials, processes, or operations which are in violation of the provisions and intent of this subchapter.

   (B)   Maintenance. The owner shall be responsible for the safe and proper maintenance of the building, structure, premises, or lot at all times. In all new and existing buildings and structures, the fire protection equipment, means of egress, alarms, devices, and safeguards required by this subchapter and other jurisdictional ordinances, shall be maintained in a safe and proper operating condition.

   (C)   Occupant responsibility. If an occupant of a building creates conditions in violation of this subchapter, by virtue of storage, handling, and use of substances, materials, devices, and appliances, the occupant shall be held responsible for the abatement of said hazardous conditions.

   (D)   Unsafe buildings. All buildings and structures that are or shall hereafter become unsafe or deficient in adequate exit facilities or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or by reason of illegal or improper use, occupancy, or maintenance, or which have sustained structural damage by reason of fire, explosion, or natural disaster shall be deemed unsafe buildings or structures. A vacant building, or portion of a building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this subchapter. Unsafe buildings shall be reported to the Building Code Official who shall take appropriate action deemed necessary under the provisions of the Building Code to secure abatement by repair and rehabilitation or by demolition.

   (E)   Evacuation. When, in the opinion of the Code Official, there is actual and potential danger to the occupants or those in the proximity of any building, structure, or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, the Code Official shall order the immediate evacuation of said building, structure, or premises. All of the occupants so notified shall immediately leave the building, structure, or premises and persons shall not enter or reenter until authorized to do so by the Code Official.

   (F)   Unlawful continuance. Any person who shall refuse to leave, interfere with the evacuation of other occupants, or continue any operation after having been given an evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor.

   (G)   Notice of violation. Whenever the Code Official observes an apparent or actual violation of a provision of this subchapter or other codes or ordinances under the Code Official’s jurisdiction, the Code Official shall prepare a written notice of violation describing the condition deemed unsafe and specifying time limits for the required repairs or improvements to be made to render the building, structure, or premises safe and secure. The written notice of violation of this subchapter shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, delivered in person or by delivering it to and leaving it in the possession of any person in charge of the premises, or in the case such person is not found upon the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.

   (H)   Failure to correct violations. If the notice of violation is not complied with within the time specified by the Code Official, the Code Official shall request the legal counsel of the jurisdiction to institute the appropriate legal proceedings to restrain, correct, or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this subchapter or of any order or direction made pursuant thereto. The police department of the jurisdiction shall be requested by the Code Official to make arrests for any offense against this subchapter or orders of the Code Official affecting the immediate safety of the public.

(Ord. 672, passed 11-2-1989)  Penalty, see § 91.99

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Any person, firm, or corporation violating any provision of § 91.01 shall be fined not less than $5, nor more than $100 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

   (C)   (1)   Any person, firm, or corporation violating any of the provisions of §§ 91.15 through 91.20, or failing to comply with any order issued pursuant to any section thereof, shall be guilty of a misdemeanor and upon conviction, thereof shall be punished by a fine of not less than $50 nor more than $1,000 and by imprisonment for a period not to exceed 30 days for each offense. Each day that a violation continues, after a service of notice as provided for in §§ 91.15 through 91.20, shall be deemed a separate offense.

      (2)   The imposition of the penalties herein described shall not prevent the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation; or to prevent illegal occupancy of a building, structure, or premises; or to stop an illegal act, conduct of business, or use of a building or structure in or about any premises.

(Ord. 293, passed 10-5-1961; Ord. 672, passed 11-2-1989)