TITLE 15
FIRE PREVENTION
   Ch. 15-4   Bureau of Fire Prevention
   Ch. 15-8   Fire-resistive Requirements
   Ch. 15-12   Fire-resistive Materials and Construction
   Ch. 15-16   Fire Protection Equipment
   Ch. 15-20   Explosives and Fireworks
   Ch. 15-24   Flammable Liquids
   Ch. 15-26   Fume and Flammable Compressed Gases
   Ch. 15-28   Hazardous Materials and Combustible Solids
   Ch. 15-30   Reserved.
CHAPTER 15-4
BUREAU OF FIRE PREVENTION
Article I.  Fire Prevention
15-4-005   Definitions.
15-4-010   Fire regulations.
15-4-020   Department powers, duties and responsibilities – Permit fees.
15-4-030   Annual inspections.
15-4-035   Authority of fire commissioner.
15-4-040   Notice of noncompliance.
15-4-050   Interpretation of terms.
Article II.  General Provisions
15-4-060   Transportation exemption.
15-4-070   Classification of buildings.
15-4-080   Use or habitation of fire hazards.
15-4-090   Dangerous buildings a nuisance.
15-4-100   Right to survey.
15-4-101   Fire emergency plan required when.
15-4-102   Safety warden.
Article III.  Licenses
15-4-110   Hazardous use units.
15-4-130   Amounts of hazardous material.
15-4-160   Amounts of acetylene gas and calcium carbide.
15-4-210   Flammable liquids.
15-4-230   Liquefied fume hazard gases.
15-4-240   Oxygen and hydrogen.
15-4-250   Nitrocellulose products.
15-4-252   Lumberyards and lumber storehouses.
15-4-254   Sawdust, shavings and excelsior.
15-4-256   Sale of solid fuel and firewood.
15-4-257   Storage of solid fuel not for retail.
15-4-258   Fuel oil dealers.
15-4-259   Fuel oil storers.
Article IV.  Certificates of Fitness
15-4-260   General requirements.
15-4-270   Acetylene gas.
15-4-280   Liquefied fume hazard gases.
15-4-290   Flammable liquid tank truck drivers.
Article V.  Blasting and Explosives
15-4-300   General requirements.
15-4-310   License application and certificate of fitness.
15-4-320   License fee.
15-4-330   Bonds.
15-4-340   Reserved.
15-4-350   Inspection.
15-4-360   Sales to other than licensees.
15-4-370   Weekly report of sales.
15-4-380   Reserved.
15-4-390   Submission of samples.
15-4-400   Permit for blasting.
Article VI.  Liquefied Petroleum Gas Tanks
15-4-410   Application and permit.
15-4-420   Temporary portable and fixed installations.
Article VII.  Fire Extinguisher Servicemen
15-4-430   Board of examiners.
15-4-440   Duties and powers.
15-4-450   License required.
15-4-460   License application.
15-4-470   Issuance of license.
15-4-480   License fee.
15-4-490   License renewal.
15-4-500   Violation – Penalty.
15-4-510   Rules and regulations.
Article VIII.  Other License Requirements
15-4-520   Other licenses and permits required.
Article IX.  Permits.
15-4-530   Matches.
15-4-540   Application.
15-4-550   Fireworks.
15-4-560   Certificate of fitness.
15-4-570   Permit fee.
Article X.  Scenery and Decorations
15-4-580   Definitions.
15-4-590   Combustible scenery and decorations.
15-4-600   Test standard.
15-4-610   Wall area and school stages.
15-4-620   Institutional public assembly, church, school and theater.
15-4-630   Open flame devices.
Article XI.  Exhibitions and Shows
15-4-640   Fireguard requirements.
15-4-650   Watchman clocks and keys.
15-4-660   Fireguard duties.
15-4-670   Watchman tours.
15-4-680   Fireguard license.
15-4-690   Submission of floor plan.
15-4-700   Submission of show description.
15-4-710   Storage of combustibles.
Article XII.  Stage Firemen and Fireguards
15-4-720   Requirements.
15-4-730   Duties of stage firemen.
15-4-740   Duties of fireguard.
15-4-750   Monthly reports.
15-4-760   Other duties.
15-4-770   License required.
Article XIII.  Desk Clerks
15-4-780   Where required.
15-4-790   Certification.
15-4-800   Suspension.
15-4-810   Certification requirements.
15-4-820   Monthly reports.
15-4-830   Duties.
15-4-840   Violation – Penalty.
Article XIV.  Theater Seating
15-4-850   Diagram of theater exits and seats.
15-4-860   Aisles for seats not permanently fastened.
Article XV.  Obstructing Exits or Open Areas
15-4-870   Locking doors.
15-4-880   Obstruction of exits.
15-4-881   Hotels and single-room occupancy units – Exit diagram.
15-4-890   Obstructing safety clearances.
15-4-900   Arrangement of stocks and stores.
Article XVI.  Fire Drills
15-4-910   Institutional buildings.
15-4-920   Schools.
Article XVII.  Smoking Restrictions
15-4-930   Where restricted.
15-4-940   “No Smoking” signs.
Article XVIII.  Miscellaneous Hazards
15-4-950   Storage of ashes.
15-4-960   Oily rags and waste.
15-4-970   Rubbish.
15-4-980   Workmen's clothes lockers.
15-4-985   Storage of ammunition at firearms dealers and shooting range facility licensed premises.
Article XIX.  Sale of Dangerous Articles
15-4-990   Restrictions.
15-4-995   Sale and use of aerial luminaries – Prohibited.
ARTICLE I.  FIRE PREVENTION* (15-4-010 et seq.)
* Editor's note – Coun. J. 5-18-16, p. 24131, § 55, amended the title of Article 1, which formerly read “Bureau of Fire Prevention”.
15-4-005  Definitions.
   As used in this Title 15:
   “Fire commissioner” shall mean the commissioner of the fire department of the City of Chicago or the commissioner's departmental designee.
(Added Coun. J. 5-18-16, p. 24131, § 56)
15-4-010  Fire regulations.
   This chapter, Article II of Chapter 15-16, and Chapters 15-20, 15-24, 15-26 and 15-28 of this Code shall be known as the fire regulations of this Code.
(Prior code §  90-1; Amend Coun. J. 2-7-96, p. 15616)
15-4-020  Department powers, duties and responsibilities – Permit fees.
   For additional provisions covering the establishment, powers, duties and responsibilities of the Fire Department and Fire Commissioner, see Chapter 2-36 of this Code. For permit fees, see Chapter 14A-4.
(Prior code § 90-2; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 12-12-07, p. 17167, § 50; Amend Coun. J. 5-18-16, p. 24131, § 57; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 7; Amend Coun. J. 7-24-19, p. 3646, § 43)
15-4-030  Annual inspections.
   The fire commissioner shall cause the following buildings or structures to be inspected annually: (1) all theaters, churches, schools, public assembly units, and open air assembly units; and (2) all buildings over one story in height, except (i) single dwellings, (ii) multiple- use buildings, consisting of business and dwelling units two stories or less in height, and (iii) multiple dwellings three stories or less in height, unless such multiple dwellings are lodginghouses or roominghouses with sleeping accommodations for 20 or more persons. Such annual inspections shall be conducted by the fire commissioner. It shall be the duty of every owner, agent, lessee or occupant of any such building and of the person in charge or control of the same to permit the making of such annual inspection by the fire commissioner or by a duly authorized member of the fire department at any time upon demand being duly made.
(Prior code § 90-2.1; Amend Coun. J. 5-18-16, p. 24131, § 58)
15-4-035  Authority of fire commissioner.
   The fire commissioner or his designee shall be authorized to enter and inspect every building, structure or portion thereof containing equipment or apparatus used for the generation, transmission or distribution of electricity by a public utility in order to identify and assess all risks or dangers of fire or explosion presented by the occupation and use of the building, structure or applicable portion.
(Added Coun. J. 6-28-91, p. 2758)
15-4-040  Notice of noncompliance.
   If an inspection conducted by the fire commissioner shows that the inspected building fails in any respect to comply with the building provisions of this Code, it shall be the duty of the fire commissioner to notify the owner, agent, lessee, or occupant of such building of this fact and to specify wherein such building fails to comply with the requirements of the building provisions of this Code; and it shall thereupon become the joint and several duty of such owner, agent, lessee, or occupant to proceed forthwith to make whatever changes or alterations may be necessary to make such building comply with applicable provisions of this Code, and to complete such changes and alterations within 15 days after the receipt of such notice. The fire commissioner may cause an additional inspection or inspections to be made in order to determine whether the owner, agent, lessee or occupant has completed the necessary work. The fee for each such additional inspection shall be $50.00.
(Prior code § 90-2.2; Amend Coun. J. 6-28-91, p. 2758; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 5-18-16, p. 24131, § 59)
15-4-050  Interpretation of terms.
   Where the meaning of any term of expression used in the fire regulations of this Code is disputed and is not defined therein, such definitions thereof as appear in the building regulations of this Code shall prevail and be conclusive.
(Prior code §  90-3)
ARTICLE II.  GENERAL PROVISIONS (15-4-060 et seq.)
15-4-060  Transportation exemption.
   Nothing contained in this chapter, Article II of Chapter 15-16, Chapters 15-20, 15-24, 15-26 and 15-28 shall be construed as applying to the transportation of any article or thing shipped in conformity with regulations prescribed by the Department of Transportation, nor as applying to the military or naval forces of the United States.
(Prior code § 90-4; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 11-7-18, p. 88803, § 34)
15-4-070  Classification of buildings.
   All buildings and structures now existing or hereafter erected, altered or enlarged, shall be classified for the purposes of the fire regulations of this Code according to occupancy, use and type of construction in accordance with Chapters 13-56 and 13-60 of this Code.
(Prior code §  90-5)
15-4-080  Use or habitation of fire hazards.
   It shall be unlawful to continue the use of or occupy any building, structure or place which does not comply with those provisions of this Code which are intended to prevent a disastrous fire or loss of life in case of fire, until the changes, alterations, repairs or requirements found necessary to place the building in a safe condition shall have been made.
(Prior code §  90-6)
15-4-090  Dangerous buildings a nuisance.
   Any building, structure, enclosure, place or premises, perilous to life or property by reason of the construction of such building or structure or by reason of the condition or quantity of its contents, or the use of the building or its contents, or the use of the enclosure or the overcrowding at any time of persons therein, or by reason of deficiencies in such fire alarm or fire prevention equipment, as may be required by the fire regulations of this Code, or where conditions exist which would hamper or impede the fire department in combating a fire in or on the building, is hereby declared to be a nuisance and the fire commissioner is empowered and directed to cause any such nuisance to be abated.
(Prior code § 90-7; Amend Coun. J. 5-18-16, p. 24131, § 60)
15-4-100  Right to survey.
   (a)   Right to Demand Survey. The owner, lessee or occupant of any building, structure, enclosure, place or premises affected by any order or notice of the fire commissioner may make written demand upon the fire commissioner for a survey of such building, structure, enclosure, place or premises, to determine whether or not such order is valid and reasonable. Such demand for a survey shall be served upon the fire commissioner by leaving a copy thereof at the fire prevention bureau office within seven days, Sunday and holidays excepted, after the service of the order or notice referred to in such demand. Said demand for a survey shall contain the name of the person to act as a surveyor on behalf of the one making the demand.
   (b)   Duty of Fire Commissioner. Upon receipt of a demand for survey, the fire commissioner shall immediately issue an order for the same, naming therein the person to act as surveyor on behalf of the fire department. Such person shall be an officer or employee of the fire department, and said order shall state the name of the person selected by the fire commissioner to conduct the survey.
   (c)   Survey Procedure. In the event that the two persons thus named are unable to agree concerning the survey and their report thereon, they shall select a third person to act with them on such survey, and a report signed by any two of the three surveyors thus selected shall be conclusive. In the event that the two surveyors selected as above set forth cannot agree concerning the survey and their report thereon and cannot agree upon the selection of a third person to act with them in connection with such survey, said third person shall be selected and appointed by the chief justice of the circuit court on application made in writing by the fire commissioner, of which application the said fire commissioner shall give at least 24-hours notice, in writing, to the applicant for such survey, and a report signed by any two of the three surveyors thus selected shall be conclusive. The date and hour when the survey shall be made shall be stated in the order therefor, and no change shall be made in such date and hour, except by written stipulation duly signed by said fire commissioner and the applicant for such survey. A copy of such order shall be served upon the person demanding the survey by personal delivery to him at least 24 hours previous to the hour fixed in the order for the holding of such survey, and he shall have the right to be present and to be heard at such survey in person or by agent or attorney. The surveyors shall meet at the time and place described in the order of their appointment, and shall survey the building, structure, enclosure, place or premises referred to in said order, and to consider the merits of the order of the fire commissioner in respect to which the survey has been demanded.
   (d)   Report of Survey. After such survey and consideration, the surveyors shall prepare and sign a report of their proceedings and determination which shall be filed with the fire commissioner, and a copy thereof shall be given the person demanding such survey upon his application therefor. The determination of the surveyors in any such case shall be final and conclusive.
   (e)   Surveyor's Fees. Each person, other than an officer or employee of the fire department, designated to act as a surveyor pursuant to the provisions of this section shall be paid the sum of $25.00 for such survey in which he participates upon the filing of the report thereof with the fire commissioner.
   (f)   Payment of Expenses. As a condition precedent to the ordering of a survey, the person demanding the same shall deposit with the fire commissioner the sum of $100.00 to indemnify the city for the expense of the survey, in the event that the surveyors confirm the order of the fire commissioner. Such sum shall be returned to the depositor, in the event that the surveyors shall report such order as invalid or unreasonable. In case the report of the surveyors is to the effect that the order of the fire commissioner, which was the subject of such survey, was in all respects valid and reasonable, all the expenses of the survey shall be paid out of the fund herein required to be deposited with the fire commissioner by the person demanding such survey, and the balance remaining, if any, shall be returned to such person.
   (g)   Closing Buildings. If the order or notice subject to survey requires any building or premises to be closed on account of its dangerous condition, such order or notice shall not be stayed pending the determination of the reasonableness and validity thereof.
(Prior code § 90-8; Amend Coun. J. 5-18-16, p. 24131, § 61)
15-4-101  Fire emergency plan required when.
   The owner or operator of equipment or apparatus used for the generation, transmission or distribution of electricity by a public utility shall develop a fire emergency plan for each building, structure or portion thereof enclosing such equipment or apparatus. The fire emergency plan shall include the following: the location and type of equipment or apparatus; identification of supervisory personnel to be notified in the event of a fire affecting the equipment or apparatus, and the means of notification; a plan for evacuation of employees not involved in firefighting from the area of the fire; assignment of responsibilities for coordination with designated personnel for admission of fire department personnel and control of traffic on the premises in the event of a fire; a list of toxic, combustible or explosive materials stored or used on the premises; a schedule of drills to verify the viability of the plan; and such other related information as the fire commissioner may require. The fire emergency plan shall be in writing and shall be filed in the office of the fire commissioner or his designee. A copy of the plan shall be maintained on the premises where the electrical equipment is located. The owner or operator of the equipment or apparatus shall notify the commissioner in writing of any changes in any component of the plan within seven days after the change occurs.
   Any person who violates any provision of this section shall be subject to a fine of $500.00 for each offense. Each day a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 6-28-91, p. 2758)
15-4-102  Safety warden.
   The owner or manager of every facility classified as a Group A occupancy with an occupant load greater than 300, as determined in accordance with Title 14B, shall appoint a person employed in the facility as safety warden, and an alternate safety warden. The safety warden and alternate safety warden shall be in addition to any fireguard or fireguards required under this chapter.
   The safety warden shall conduct a safety review of the premises on a weekly basis to identify safety hazards that are readily recognizable and easily corrected, such as nonfunctioning lights; improper use or storage of cleaning materials and combustible materials; obstruction of stairwells, corridors and exits; accumulation of dirt and debris; and use of fire closets, elevators, and mechanical or electrical areas for storage space. The safety warden shall record the results of the weekly safety review in a ledger, which shall be available for inspection by personnel of the fire department and department of buildings at all reasonable times. No later than April 30th, August 31st and December 31st of each year, the safety warden shall certify to the fire commissioner, on forms supplied by the fire commissioner, compliance with the review and recording requirements of this section since the last periodic report. The owner or manager of the assembly unit shall notify the fire department and department of buildings of the names of the safety warden and alternate safety warden. Any person who violates any provision of this section or who falsifies an entry in a ledger or certification required under this section, shall be subject to a fine of not less than $200.00.
   The fire commissioner and the buildings commissioner may jointly issue regulations for the administration and implementation of this section.
(Added Coun. J. 7-14-93, p. 35320; Amend Coun. J. 5-18-16, p. 24131, § 62; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 8)
ARTICLE III.  LICENSES (15-4-110 et seq.)
15-4-110  Hazardous use units.
   Every license required to engage in any business, occupy or use any premises, structure or building for any purpose classified as a hazardous use unit in Chapter 13-112 of this Code or a Group H occupancy under Chapter 14B-3 of this Code, and every extension or renewal thereof, shall require the approval of the fire commissioner, as a condition precedent to the issuance of every such license and to every extension or renewal thereof. The fire commissioner shall make, or cause to be made, an inspection of every hazardous use unit for which an application for license, or for an extension or renewal thereof, has been made. If such inspection shall prove the entire compliance of such hazardous use unit with the applicable requirements of this Code, the fire commissioner shall issue, or cause to be issued, a certificate of compliance and approval. Such certificate shall be subject to revocation for cause by the fire commissioner at any time and, upon notification of the revocation of such certificate, the mayor shall revoke any license conditioned upon said certificate. The provisions of this section shall be construed as remedial and retroactive as well as prospective.
(Prior code § 90-9; Amend Coun. J. 5-18-16, p. 24131, § 63; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 9)
15-4-130  Amounts of hazardous material.
   A hazardous materials license, as specified in Section 4-6-210, shall be required under any of the following conditions:
   (a)   Where the combined capacity of all containers used to store or handle corrosive liquids exceeds 55 gallons;
   (b)   Where the combined capacity of all tanks or containers used to store or handle oxidizing materials exceeds 500 pounds;
   (c)   Where the combined capacity of all tanks or containers used to store or handle organic peroxides exceeds ten pounds;
   (d)   Where the combined capacity of all tanks or containers used to store or handle nitromethane exceeds 500 pounds;
   (e)   Where the combined capacity of all tanks or containers used to store or handle ammonium nitrate exceeds 1,000 pounds;
   (f)   Where any amounts of highly toxic materials are used, stored or handled other than in connection with retail trade in original, sealed containers;
   (g)   Where any amounts of fume hazard gas is stored, used or handled;
   (h)   Where the total amount of highly flammable materials, as defined in Section 15-28-500, stored exceeds 100 cubic feet.
(Prior code § 90-11; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 33)
15-4-160  Amounts of acetylene gas and calcium carbide.
   A hazardous materials license, as specified in Section 4-6-210, shall be required when:
   (a)   Generation of acetylene gas in any form of generator holder, container or associated apparatus at a pressure not to exceed 15 pounds per square inch.
   (b)   Collecting or compressing acetylene gas at any pressure in excess of 15 pounds per square inch or selling or distributing acetylene gas at any pressure in excess of 15 pounds to the square inch, or of selling or distributing acetylene gas under pressure.
   (c)   Calcium carbide is stored or kept in excess of 600 pounds within the city without first obtaining license so to do, for each location where such quantity of calcium carbide is to be kept or stored.
(Prior code § 90-14; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 34)
15-4-210  Flammable liquids.
   A hazardous materials license, as specified in Section 4-6-210, shall be required to keep on hand or store for use in any business 30 gallons or more of any flammable liquid having a flashpoint below 200 degrees Fahrenheit or 93 degrees Centigrade (closed cup tester). Provided, however, that nothing herein contained shall require any filling station duly licensed under any other provision of this Code, to obtain a license hereunder.
(Prior code § 90-19; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 6-6-12, p. 28356, § 35)
15-4-230  Liquefied fume hazard gases.
   A hazardous materials license, as specified in Section 4-6-210, shall be required to keep on hand or store for use in any business liquefied fume, hazard gases in single unit tank cars.
(Prior code § 90-21; Amend Coun. J. 11-30-88, p. 19547; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 36)
15-4-240  Oxygen and hydrogen.
   A hazardous materials license, as specified in Section 4-6-210, shall be required to generate or compress oxygen or hydrogen in any form of generator, holder, container or associated apparatus.
(Prior code § 90-22; Amend Coun. J. 11-30-88, p. 19547; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 37)
15-4-250  Nitrocellulose products.
   A hazardous materials license, as specified in Section 4-6-210, shall be required to keep any nitrocellulose products in excess of 25 pounds.
(Prior code § 90-22; Amend Coun. J. 11-30-88, p. 19547; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 38)
15-4-252  Lumberyards and lumber storehouses.
   (a)   A hazardous materials license, as specified in Section 4-6-210, shall be required to conduct or operate a lumberyard or lumber storehouse.
   Included hereunder, but not limited hereby, shall be all lumberyards, lumber storehouses and other places where new, used, finished or unfinished lumber, timber, wood (except firewood), wooden boxes, wooden barrels, veneers, plywoods, flex woods and the like, in excess of 5,000 feet, are kept, placed, stored or piled for sale or use, other than lumber for use in the repair, erection or construction of buildings or improvements incident to the land on the premises where so kept, placed, stored or piled on the premises immediately adjacent thereto.
   (b)   It shall be unlawful to conduct or operate any lumberyard or lumber storehouse, or to pile or store lumber or any of the aforementioned wooden articles in any lot or plot of ground, without first obtaining the written consents of property owners representing the majority of the total frontage of any lot or plat of ground lying wholly or in part within limits 150 feet distant from and parallel to the boundary of the lot or plot of ground upon which said yard or storehouse is to be established or maintained; provided, however, that for the purpose of this section, only the frontage of any such lot or plot of ground as comes within the 150 foot limits herein prescribed shall be considered; and provided further, that any and all petitions containing such consents of property owners shall be based on and contain the legal description of the property affected and the date of signature. Whenever the lot or plot of ground in which said yard or storehouse is to be established is in any shape other than a rectangle, the 150 foot limiting line aforementioned shall not exceed in distance 150 feet from any point in the boundaries of such lot or plot of ground. Such written consents shall be obtained and filed with the building commissioner before a license is issued hereunder.
   (c)   It shall be unlawful for any person to establish within 200 feet of a school, church or institutional building, a lumberyard where lumber, either new or old, is sold, or is stored for seasoning or drying; or a box yard where wooden boxes either new or old are stored, sold, manufactured or repaired; or a barrel yard where wooden barrels, either new or old, are stored, sold, manufactured or repaired.
   (d)   It shall be unlawful for any person to pile or to maintain a pile of lumber, either new or old; wooden boxes, either new or old; wooden barrels, either new or old; and other materials of like combustible nature for the purpose of selling, storing, manufacturing, drying or seasoning, within 50 feet of any building or within 25 feet of any fireproof or brick building, unless the roof of the brick building shall be of fireproof construction, and all exposed windows, doors and other openings in both brick or fireproof buildings are fitted and protected with approved fire-resisting wired glass and metal sash and frames, or all windows and other openings are equipped with metal-clad shutters or doors.
   No lumber, boxes or barrels shall be piled in excess of 20 feet in height. If the area covered be in excess of 1,000 square feet, it shall be divided into areas of 1,000 square feet or less by aisles or passageways at least 48 inches wide.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 3-5-03, p. 104990, § 419; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 4-22-09, p. 58303; Amend Coun. J. 6-6-12, p. 28356, § 39)
15-4-254  Sawdust, shavings and excelsior.
   A hazardous materials license, as specified in Section 4-6-210, shall be required to keep or store for the purpose of selling at wholesale or retail, sawdust, shavings, excelsior or other similar flammable materials.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 40)
15-4-256  Sale of solid fuel and firewood.
   (a)   It shall be unlawful for any person to engage in the business of a dealer in solid fuel, within the fire limits of the city, without first having obtained a hazardous materials license, as specified in Section 4-6-210, therefor; provided, that no license shall be required of any dealer in solid fuel for any place of business operated or conducted by such dealer in solid fuel and licensed as such by any municipality which has adopted an ordinance granting privileges similar to those contained in this section.
   (b)   Whenever used in this section, Section 15-4-257, Section 15-4-258, and Section 15-4-259, the term “solid fuel” shall mean any anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gashouse coke, petroleum coke, petroleum carbon, firewood or any other manufactured or patented fuel not sold by liquid or metered measure; the term “hundredweight” shall mean 100 pounds avoirdupois; the word “ton” shall mean 20 hundredweight; the term “dealer in solid fuel” shall mean any person, as defined in this section, offering for sale, selling, delivering or selling and delivering any solid fuel; and the term “fuel oil dealer” shall mean any person who stores fuel oil for the purpose of sale, or conveys fuel oil in any vehicle for the purpose of sale. The term “storer of solid fuel” shall mean any person who stores solid fuel for use in any business but not for resale. The term “fuel oil storer” shall mean any person who keeps on hand or stores fuel oil for use in any business but not for resale.
   (c)   It shall be unlawful to conduct or operate any yard for the storage of solid fuel in any lot or plot of ground without first obtaining the written consents of the property owners representing the majority of the total frontage in feet of any lot or plot of ground lying wholly or in part within lines 150 feet distant from and parallel to the boundaries of the lot or plot of ground upon which said yard is to be installed; provided, however, that for the purpose of this section only the frontage of any such lot or plot of ground as comes within the 150 foot limit herein prescribed shall be considered; and provided, further, that any and all petitions containing such consents of property owners shall be based on and contain the legal description of the property affected and the date of signature. Whenever the lot or plot of ground in which said yard is to be installed is in any shape other than a rectangle, the 150 foot limiting line aforementioned shall not exceed in distance 150 feet from any point in the boundaries of such lot or plot of ground.
   (d)   Every dealer in solid fuel shall conform to the provisions of this Code regulating weights and measures, including the requirements as to certificates of weight, which are applicable thereto.
   (e)   It is hereby declared unlawful for any person to sell or offer for sale any two or more different kinds, grades or sizes of solid fuel which have been mixed in such manner as to prevent purchasers, or intended purchasers, or the inspector of weights and measures of the city or one of his deputies, from reweighing separately each kind, size and grade to determine the weight of each kind, size and grade.
   If two or more different kinds, grades or sizes of solid fuel are loaded on the same wagon, truck or other conveyance, each kind, grade and size of solid fuel shall be weighed and loaded separately, and shall be placed either in bags, separated by partitions, or in closed containers, which closed containers shall have legibly stamped upon their sides the actual net weight and the kind, grade and size of each type of solid fuel contained therein; such loading shall be in a manner sufficient that any time during the selling or delivering of such solid fuel, each kind, grade and size of solid fuel may be weighed separately; and the said person selling or delivering said solid fuel shall provide the driver of the wagon, truck or other conveyance in which the same is transported, with a delivery ticket or tickets made out in conformity with the provisions of Sections 4-276-360 to 4-276-400, stating the weight of each kind, grade or size of solid fuel so delivered.
   (f)   No person shall display, advertise or describe solid fuel in any false or misleading manner, or use any deceptive description of size or kind of solid fuel other than specified in Section 4-276-370. The term “coarse” shall not be used to describe a size or grade and is hereby declared to be deceptive. Figures and percentages of different sizes shall be considered misleading when used to describe solid fuel.
   No person shall deliver or attempt to deliver solid fuel containing more than 26 percent volatile matter, if such solid fuel has been advertised by the seller, ordered by the purchaser, or described by the public weighmaster's certificate as “Smokeless”, “Low Volatile”, “Pocahontas” or “New River”.
   (g)   No solid fuel shall be stored for sale in the same building with fuel oil, gasoline or other flammable liquids unless separated therefrom by a fireproof wall.
   It shall be unlawful for any person to deliver or attempt to deliver to a purchaser any kind, grade or size of solid fuel other than that advertised by the seller, ordered by the purchaser, or specified on the delivery ticket or weighmaster's certificate.
   It shall be the duty of every person conducting or operating a coal yard within the fire limits of the city to store all soft coal away from the brickwork of boilers and furnaces. Whenever coal in storage shows indication of spontaneous ignition or gives off gases, it shall be the duty of the licensee, agent or person in charge or control of the premises to turn over and overhaul such coal pile and remove all portions of coal showing indication of ignition or coking. The floor or ground surface of all coal yards shall at all times be kept free from flammable waste material and accumulations of combustible waste materials.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 41)
15-4-257  Storage of solid fuel not for retail.
   (a)   It shall be unlawful for any person to keep, pile or store on any lot, plot of ground, railroad siding, switch track or other place within the fire limits of the city, any solid fuel in quantities greater than 1,000 tons without first having obtained a hazardous materials license, as specified in Section 4-6-210. Provided, however, that this requirement shall not apply to any person conducting or operating a coal yard licensed under this chapter.
   (b)   It shall be the duty of every person establishing and maintaining such lot, plot of ground, railroad siding, switch track or other place within the fire limits of the city to store all soft coal away from the brickwork of boilers and furnaces. Whenever solid fuel in storage shows indication of spontaneous ignition or gives off gases, it shall be the duty of the licensee, agent or person in charge or control of the premises to turn over or overhaul such solid fuel and remove all portions of the same showing indication of ignition or coking. Such work shall be done under the supervision of the fire commissioner. The floor or ground surface of the premises shall at all times be kept free from flammable waste material and accumulations of combustible waste materials. Gasoline, fuel oil or other flammable liquids shall not be placed or stored upon the licensed premises unless separated from such solid fuel by fireproof walls.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 42; Amend Coun. J. 5-18-16, p. 24131, § 64)
15-4-258  Fuel oil dealers.
   (a)   It shall be unlawful for any person to engage in the business of fuel oil dealer without first having obtained a hazardous materials license, as specified in Section 4-6-210.
      This section shall not be construed to include or apply to dealers in fuel oil who are licensed at the same place, location or premises under the provisions of this Code licensing “filling stations”, in such a way as to require an additional license fee from persons so licensed who pay an annual license fee that is equal to or greater than the annual license fee required of a fuel oil dealer hereunder who uses or proposes to use storage facilities in connection with his business.
   (b)   The fire commissioner shall investigate such application and the matters and things therein stated.
   (c)   All places of business of fuel oil dealers shall be kept in a clean condition, free from accumulations of rags, wastepaper and other combustible waste materials. Smoking shall be prohibited thereon. Adequate toilet facilities shall be provided. All such premises and all vehicles used in connection with the business of fuel oil dealers shall be conducted and operated in accordance with the provisions of this Code in Chapters 15-26 and 13-84 and shall be inspected by the fire commissioner at least once every year.
   It shall be unlawful for any fuel oil dealer to refill any fuel oil storage container or tank used in connection with an oil-burning heater, boiler or furnace, unless such storage container or tank is equipped with an automatic or return vent pipe, or unless the fill pipe of such storage container or tank is equipped with a screw or automatic cap. It shall be the duty of every such dealer after filling or refilling any fuel oil storage container or tank to replace the screw cap on such fill pipe, or if equipped with an automatic cap, to see to it that said fill cap pipe is properly closed.
   (d)   [Reserved.]
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 12-14-05, p. 66732, § 2; Amend Coun. J. 6-6-12, p. 28356, § 43; Amend Coun. J. 5-18-16, p. 24131, § 65)
15-4-259  Fuel oil storers.
   (a)   It shall be unlawful for any person to keep on hand or store fuel oil for use in any business, other than the business of dealer in such oil, without first procuring a hazardous materials license, as specified in Section 4-6-210, for each location, place or premises where such person keeps on hand or stores for use any such oil. Provided, however, that no license shall be required of any person who keeps on hand or stores fuel oil in a quantity less than 2,150 gallons for use exclusively in the heating of any building.
   (b)   The fire commissioner, upon receipt of such application, shall investigate or cause to be investigated the place of business described in such application and the methods and equipment intended to be used by such applicant in the storage and handling of fuel oil.
   (c)   All containers or tanks used for the storage of fuel oil and all buildings and premises wherein fuel oil is stored shall be constructed and maintained in accordance with the provisions of the building and fire prevention chapters of this Code.
   All containers or tanks used for the storage of fuel oil, either above or below ground or within a building, and the premises used for the storage of such oil, shall be inspected by the fire commissioner at least once each year.
   Rags, soiled waste and wastepaper shall be kept in metal containers pending removal from the premises.
   No person shall smoke in that part of any premises where such oil is stored.
   It shall be unlawful for any fuel oil storer to refill any fuel oil storage container or tank used in connection with an oil-burning heater, boiler or furnace, unless such storage container or tank is equipped with an automatic or return vent pipe, or unless the fill pipe of such storage container or tank is equipped with a screw or automatic cap. It shall be the duty of every such storer after filling or refilling any fuel oil storage container or tank to replace the screw cap on such fill pipe, or if equipped with an automatic cap, to see to it that said fill pipe cap is properly closed.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 44; Amend Coun. J. 5-18-16, p. 24131, § 66)
ARTICLE IV.  CERTIFICATES OF FITNESS (15-4-260 et seq.)
15-4-260  General requirements.
   Where a certificate of fitness is required in connection with licenses covered in Sections 15-4-210 to 15-4-240, and in connection with Section 15-4-290, the licensee shall obtain the certificate of fitness. He shall file with the fire commissioner, in writing, the name of the person or persons in charge of the operation and shall certify that each person complies with the requirements outlined below and with any special requirements outlined in Sections 15-4-210 to 15-4-240, inclusive, and Section 15-4-290:
      1.   At least 21 years of age;
      2.   Able to understand and speak the English language;
      3.   Of temperate habits;
      4.   Familiar with the provisions of the law and the regulations governing the use and handling of the material involved;
      5.   Is familiar with the risks incident to the service performed by him and capable of taking all necessary precautions.
   The licensee shall notify the fire commissioner in case of change of personnel among those designated to have direct charge of the operation. When new names are submitted for such persons, similar certificates shall be made by the licensee as to the above mentioned and special qualifications for such person or persons so substituted.
(Prior code § 90-24; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 5-18-16, p. 24131, § 67)
15-4-270  Acetylene gas.
   A certificate of fitness shall be required before any operation shall begin under a license for the collecting or compressing of acetylene gas at any pressure in excess of 15 pounds per square inch.
(Prior code §  90-25)
15-4-280  Liquefied fume hazard gases.
   No liquefied fume hazard gas in single-unit tank cars shall be used, stored or handled unless in the direct charge of a person possessing a certificate of fitness. The annual fee for such certificate shall be $15.00.
   The licensee shall also certify that the person or persons are:
      1.   Familiar with and capable of applying and using emergency repair devices to control any leakage which may develop;
      2.   Familiar with and capable of applying and using gas masks and air or oxygen containers necessary to operate said masks.
(Prior code §  90-26)
15-4-290  Flammable liquid tank truck drivers.
   Every driver of a motor tank vehicle conveying Class I flammable liquids, as defined in Section 15-24-020 of this Code, including those drivers of vehicles with loads originating outside the City limits for deliveries in the City, but not drivers of carriers holding certificates of public convenience and necessity, or permits as a contract carrier, issued by the Department of Transportation under federal Motor Carrier Act of 1935 as amended, shall be required to receive a certificate of fitness from the Fire Commissioner. The annual fee for such certificate of fitness shall be: originals – $5.00; renewals – $2.00, to be paid to the Comptroller.
   In addition to the requirements outlined in Section 15-4-260 the applicant shall pass an examination conducted by the issuing officer upon the law and ordinance regulations governing the transportation, storage, and use of the flammable liquid to which his employment and services relates.
(Prior code § 90-27; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 11; Amend Coun. J. 5-18-16, p. 24131, § 68; Amend Coun. J. 11-7-18, p. 88803, § 35)
ARTICLE V.  BLASTING AND EXPLOSIVES (15-4-300 et seq.)
15-4-300  General requirements.
   No person shall engage in blasting operations or in any other activity using explosives, or shall have, keep, sell, use, give away, or handle in transit any black powder in excess of five pounds, guncotton, blasting powder, giant powder, dynamite, nitroglycerine, fulminate of mercury or any other explosives, or any substances, compound, mixture or article having properties of such a character that alone, or in combination or contiguity with other substances or compounds, may decompose suddenly and generate sufficient heat, gas or pressure, or all of them, to produce rapid flaming combustion or administer a destructive blow to persons or property; nor shall any person keep, sell, give away, offer for sale or transport, any loaded paper shells, metallic shot, loaded cartridges, blank cartridges, percussion caps, primers, or detonators, nor keep or store flashlight powder in excess of five pounds within the corporate limits of the city or on or in the waters of Lake Michigan, including all breakwaters, piers and permanent and temporary structures therein for a distance of four miles from the shore between the north and south lines of the city extended except in the manner and upon the conditions hereinafter provided in Chapter 15-20 and without first obtaining a license therefor.
(Prior code §  90-28)
15-4-310  License application and certificate of fitness.
   (a)   License application. A written application for a license under this chapter shall be made to the commissioner of business affairs and consumer protection in conformity with the general requirements of this Code relating to applications for licenses. In addition, the applicant shall set forth the location at which it is desired or intended to keep such explosives, or any other substance mentioned in the preceding section, the maximum amount of such explosives, or any of them intended to be kept on hand at any one time at such place, and shall state whether such explosives are to be kept in bulk or in barrels, canisters, or other containers, and the number of loaded shells, loaded cartridges, blank cartridges, percussion caps, primers or detonators, or the number of pounds of flashlight powder, intended to be kept on hand at any one time in such place. Any applicant engaging in blasting operations or in any other activity using explosives shall further state in his application the nature of the work to be performed, the site of the proposed work, the location of the magazine in which it is intended to keep such explosives, and the quantity and kind of explosives to be kept therein.
   Upon request from the commissioner of business affairs and consumer protection, the fire commissioner shall make, or cause to be made, an investigation for the purpose of ascertaining whether the place at which it is desired or intended to keep, sell, offer for sale, use or give away such explosives or other aforementioned substances is so situated that a license to keep such loaded paper shells, metallic shot, loaded cartridges, blank cartridges, percussion caps, primers, detonators or flashlight powder in the quantity desired would not be so dangerous as to constitute a nuisance or be a menace to the safety of the public or of adjoining property, and also whether the conditions under which such explosives, cartridges, percussion caps, flashlight powder, or any of them, are to be kept or handled shall be such as to provide the maximum of safety.
   Licenses issued pursuant to this chapter shall have a term of two years.
   (b)   Certificate of fitness. Before any operation shall begin under a license for the transportation of any explosives, or for the use of explosives in any manner, or for blasting, the licensee shall file with the fire commissioner, in writing, the name or names of the person or persons designated by the fire commissioner to handle said explosives or to load holes or discharge explosives, to prepare charges and load the holes, to transport by vehicle or otherwise, or to have the care of magazines.
   Any such person, before being permitted to exercise any of such functions, shall file a written application with the fire commissioner for a “certificate of fitness”, and before the issuance of any such certificate the fire commissioner shall examine such applicant as to his qualifications to fill such position or positions, under the conditions herein described. No person shall be permitted to have the actual care and handling of such explosives without first having obtained a certificate of fitness as herein provided. Such certificate of fitness shall be subject to inspection by any member of the fire and police departments at all times.
   To receive a certificate of fitness the person must:
      (1)   Be at least 21 years of age;
      (2)   Be able to understand and speak the English language;
      (3)   Have letters of recommendation from his last two employers (if any), and, if he has not been in the service of his last employer for at least three years, a letter testifying to his good character and capacity from his last employer;
      (4)   Be familiar with the laws and the provisions of this Code governing the transportation, storage and use of explosives, particularly the part relating to the service to be performed by the applicant; and
      (5)   Be familiar with the risks incident to the service to be performed by him, and capable of taking all necessary precautions.
   Nothing herein contained shall prevent a licensee from applying for and obtaining a certificate of fitness if entitled to the same under the provisions of this section. The actual work done must at all times be conducted by a person holding a certificate of fitness.
(Prior code § 90-29; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-18-16, p. 24131, § 69; Amend Coun. J. 2-22-17, p. 43916, Art. IV, § 1)
15-4-320  License fee.
   The fee for each license and certificate of fitness issued pursuant to the provisions of this chapter shall be as set forth in Section 4-5-010.
(Prior code § 90-30; Amend Coun. J. 2-22-17, p. 43916, Art. IV, § 2)
15-4-330  Bonds.
   Each applicant for a license under this chapter shall furnish and file with the fire commissioner a proof of general liability and property damage insurance issued by an insurer authorized to underwrite risks in this state, and with a Best's rating of A-11 or better. The insurance policy shall be maintained in full force and effect at all times throughout the duration of the license period, provide for notice to the city comptroller 30 days prior to cancellation of the policy, and shall provide for the payment of any loss, damage or injury resulting to persons or property by reason of the use, sale or keeping of such explosives, and for the strict observance of the provisions of this Code relating to explosives and substances referred to in Section 15-4-300. The insurance shall be subject to the approval of the city comptroller and shall be filed in the office of the comptroller. Any violation of the insurance requirements of this section shall subject the violator to suspension or revocation of the license. Insurance shall be in the amounts as follows:
   For manufacturers, agents and all others who desire to bring to, or sell within, the corporate limits of the city such explosives as are designated in Section 15-20-010, insurance in the amount of $3,000,000.00 per person and $10,000,000.00 per occurrence; in case of delivery being made by vehicles, additional charge of $1,000,000.00 per person and per occurrence for each and every vehicle in excess of one vehicle engaged within the city in the delivery of such explosives. Provided, however, no insurance shall be required from any person receiving a license for the sole purpose of keeping, selling or giving away, within the city, loaded paper shells, metallic shot, loaded cartridges, or blank cartridges designed or intended to be used in shotguns, pistols, rifles or firearms, as specified in Section 15-4-300 where the total amount of such loaded paper shells, metallic shot, loaded cartridges or blank cartridges does not exceed 25,000.
   For all contractors or others now engaged in, or purporting hereafter to engage in, any activity involving explosives or blasting operations, commercial general liability insurance shall be required in the amount not less than $3,000,000.00 per person and $10,000,000.00 per occurrence for bodily injury, personal injury and property damage, for the payment of any loss, damage or injury resulting to persons or property by reason of the use, keeping, sale or transporting of explosives; and the city shall be named as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the contractor's operations.
(Prior code § 90-31; Amend Coun. J. 3-23-94, p. 47131; Amend Coun. J. 5-9-12, p. 27485, § 181; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 46; Amend Coun. J. 5-18-16, p. 24131, § 70; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 48)
15-4-340  Reserved.
Editor's note – Coun. J. 2-22-17, p. 43916, Art. IV, § 3, repealed § 15-4-380, which pertained to certificate of fitness. See now § 15-4-310.
15-4-350  Inspection.
   The fire commissioner shall appoint one or more inspectors whose duty it shall be to make frequent inspection of all premises and work of all licensees. Said inspection shall include: (1) detailed and exact examination of the manner in which licensees are complying with the provisions of Chapter 15-20, and (2) a statement as to whether all due and reasonable precautions to avoid accidents are being taken, and (3) a verification that all employees who are performing work for which a certificate of fitness is required are in possession of such certificate. Each inspector shall make a report in writing to the fire commissioner at the close of each day's inspection, stating conditions observed, and such reports shall be kept on file by the fire commissioner.
(Prior code § 90-33; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 5-18-16, p. 24131, § 72)
15-4-360  Sales to other than licensees.
   It shall be unlawful for any person, or his agent or employee, to sell, offer for sale, or give to any person for purposes of sale any of the substances or explosives mentioned in Section 15-4-300 unless such person receiving such substances shall have procured and be in possession of a license as required by this chapter; provided, however, that the provisions of this section shall not apply to flashlight powder or black powder where the amount involved is less than five pounds.
(Prior code §  90-34)
15-4-370  Weekly report of sales.
   Any person selling, offering for sale, or giving away any of the aforementioned substances or explosives to any person within the city shall file a weekly statement of such sales or deliveries with the fire commissioner. Such statement shall be verified as to its correctness by an affidavit and shall specify the deliveries for the preceding week for use within the city and in detail as follows:
   (a)   Date of delivery;
   (b)   Name of buyer;
   (c)   Point of delivery;
   (d)   Number of pounds, name, character, kind and strength of explosives.
   Such statements shall be on forms provided by the fire commissioner, and shall be delivered by mail or messenger not later than the second business day in each week.
(Prior code § 90-35; Amend Coun. J. 5-18-16, p. 24131, § 73)
15-4-380  Reserved.
Editor's note – Coun. J. 5-24-06, p. 76974, § 6, repealed § 15-4-380, which pertained to analysis of explosives.
15-4-390  Submission of samples.
   No license shall be granted to any person engaged in the use or sale of dynamite or other explosive until such dealer, contractor or other person heretofore referred to, shall first submit to the chemist for analysis a sample of such dynamite or any other explosive sought to be used or sold, and whenever such chemist shall certify that such sample is of standard purity and quality, a license shall be issued, if all other requirements heretofore prescribed are complied with.
   It shall be the duty of the inspector from time to time to bring a sample of dynamite or other explosives sold or used by licensees, and to submit such sample to the chemist, who shall analyze and test same, and if it shall be found that such sample is not of standard purity and quality, the license of such licensee shall be revoked by the mayor.
(Prior code §  90-37)
15-4-400  Permit for blasting.
   Every person engaged in, as principal, or connected with, any activity involving explosives or blasting operations, shall make an application to the fire commissioner for a permit to keep and use explosives, giving at the time, in writing, the name of the licensee, location of the office or place of business, occupation, proposed location of the magazine, together with plans and descriptions of the construction of such magazine, the quantity and kind of explosives proposed to be kept therein, and the names of the employees required to have certificates of fitness.
   If the proposed location of the magazine shall be satisfactory to the fire commissioner, the fire commissioner shall approve such application and transmit the same with his approval thereon to the city clerk, who shall, upon payment by such applicant to the comptroller of a permit fee of $5.00, issue to such applicant a permit to locate the magazine at the location given in such application.
   It shall be unlawful for any licensee to move or cause to be moved any magazine, after having received a permit for the use of same, until such licensee shall make a new application to the fire commissioner for permission so to do and shall have secured a permit for such purpose, and every application for such permit shall specify the place at which it is desired to locate the magazine proposed to be moved.
   The fire commissioner shall recommend the revocation of any permit issued to blast rock or any other substance for noncompliance with any of the provisions of this section.
(Prior code § 90-38; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 11; Amend Coun. J. 5-18-16, p. 24131, § 74)
ARTICLE VI.  LIQUEFIED PETROLEUM GAS TANKS (15-4-410 et seq.)
15-4-410  Application and permit.
   Before installing a permanent fixed liquefied petroleum gas tank greater than 2,000 gallons individual water capacity or when the aggregate water capacity exceeds 4,000 gallons, the owner, lessee or agent of the premises where the tank is to be installed shall file with the fire commissioner a written application for permission to install said tank. The application shall set forth the location of the tank, the purpose for which the gas is to be used, the nature of occupancy, the dimensions, specifications and capacity of the tank and such other information as may be required. The application shall have affixed a statement, signed by the installer, stating that the tank, devices, equipment and safety clearances conform to the provisions of this Code. Attached to the application shall be a plat, drawn to scale, showing the location of the tank, all adjoining streets, alleys, railroads, building, occupancies and premises within 300 feet of the tank.
   For installation of systems utilizing containers 2,000 gallons water capacity or less or 4,000 gallons aggregate capacity or less, the following procedure should be followed. A supplier having a valid liquefied petroleum gas supplier’s certification as hereinafter provided shall file within three days with the fire commissioner a certification that the system and its installation complies with the requirements of this Code. The system can be filled and used upon the filing of such certification.
   If the tank is designed in accordance with the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section VIII Unfired Pressure Vessels, the fire commissioner shall, upon receiving the application and plat, submit the application to the department of buildings for zoning approval, and for approval of the tank and all equipment subject to pressure.
   Upon receipt of the approval of the department of buildings, if required, the fire commissioner shall make, or cause to be made, an inspection of the site where said tank is to be installed to determine whether or not said location provides the safety clearance required by Chapter 15-26.
   Upon satisfactory evidence that the site, tank and equipment as described in the application, specifications and plat conform to the provisions of the chapter, the fire commissioner shall issue to said applicant a permit for the installation of the tank. Upon the completion of the installation and before any liquefied petroleum gas has been put into the tank or container, the applicant shall notify in writing the department of buildings and the fire commissioner that the installation is ready for final external inspection. Upon receipt of the reports from the department of buildings and applicable fire department bureau that the installation has been approved, the fire commissioner shall issue to the owner, lessee or agent or other person in charge of the property, a certificate stating that the installation conforms to the provisions of this Code.
   All tanks, cylinders, containers, valves, piping, devices and equipment for such gas shall conform to the requirements given in the National Fire Protection Association’s Pamphlet 58 entitled “Liquefied Petroleum Gases, 1972 Edition”, unless specifically covered in Chapter 15-26 of this Code.
(Prior code § 90-39; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 3-5-03, p. 104990, § 41; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 5-18-16, p. 24131, § 75; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 10)
15-4-420  Temporary portable and fixed installations.
   Temporary fixed or temporary portable liquefied petroleum gas systems, as hereinafter defined, may be installed and shall be used only in construction, repair and alterations operations as herein provided. A “temporary fixed liquefied petroleum gas system” shall be defined as a system using piping, tubing and devices which are installed and maintained in a fixed position during its period of use.
   A temporary portable liquefied petroleum gas system shall be defined as a liquefied petroleum gas system using piping, tubing, and devices which may be moved from place to place on the premises during its period of use.
   A temporary fixed liquefied petroleum gas system shall not be used, unless first inspected for compliance with the applicable requirements of Chapter 15-26 of this Code by a supplier having a valid liquefied petroleum gas suppliers' certification as hereinafter provided. The supplier shall certify, within three days, to the fire commissioner that the temporary fixed system complies with the requirements of this Code.
   Every liquefied petroleum gas supplier shall make available on call repair crews to respond to any emergency involving liquefied petroleum gas or equipment supplied by them.
   Every liquefied petroleum gas supplier shall notify, within three days, the fire commissioner that liquefied petroleum gas has been sold or delivered to any firm or site.
   A liquefied petroleum gas supplier's certification shall be issued to any supplier who demonstrates to a board, hereinafter established, that he has knowledge of the applicable provisions of this Code.
   There is hereby established a board which shall pass upon the qualifications of applicants desiring to be certified as a liquefied petroleum gas supplier. The board shall consist of the deputy fire commissioner in charge of the bureau of fire prevention, the chief fire prevention engineer of the bureau of fire prevention, and a person selected by the deputy fire commissioner who is experienced in handling of liquefied petroleum gas and has the recommendation and approval of the National Liquefied Petroleum Gas Association.
   Said board shall have the power to certify any liquefied petroleum gas supplier having a knowledge of the provisions of this Code concerning liquefied petroleum gas. Said board shall have the power to revoke any certification of any supplier who violates the provisions of this Code as well as for any other just cause.
(Prior code § 90-40; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 5-18-16, p. 24131, § 76)
ARTICLE VII.  FIRE EXTINGUISHER SERVICEMEN (15-4-430 et seq.)
15-4-430  Board of examiners.
   There is hereby established a board of examiners which shall pass upon the qualifications of applicants desiring to be licensed as fire extinguisher servicemen to charge, fill, maintain, recharge, refill, repair and test fire extinguishers. The board shall consist of three members as follows: the deputy fire commissioner in charge of the bureau of fire prevention, the chief fire prevention engineer of the bureau of fire prevention, and a person selected by said deputy fire commissioner who is experienced in the work of servicing fire extinguishers and has the recommendation and approval of at least one organization in the fire equipment field.
(Prior code § 90-41; Amend Coun. J. 5-18-16, p. 24131, § 77)
15-4-440  Duties and powers.
   The board of examiners shall prescribe and hold written examinations for applicants for fire extinguisher serviceman licenses and practical tests of the applicant's knowledge of fire extinguishers and how to service them. Said board shall issue licenses to qualified applicants. The board is authorized to impose a reasonable fee for the administration and processing of such written examinations and practical tests and for issuing fire extinguisher serviceman licenses under this Article VII. The board is empowered to revoke the license of any licensee who fails to properly service a fire extinguisher, or for any other just cause.
(Prior code § 90-42; Amend Coun. J. 5-18-16, p. 24131, § 78)
15-4-450  License required.
   No person shall engage in the business of servicing fire extinguishers without first having obtained a license as provided in this Article VII.
(Prior code § 90-43; Amend Coun. J. 5-18-16, p. 24131, § 79)
15-4-460  License application.
   Every applicant for a license as a fire extinguisher serviceman shall file with the board of examiners a written application, signed by the applicant, stating the applicant's address, age, present occupation, business activities during the previous five years, experience with the repair, recharging, testing and use of fire extinguishers, knowledge of the ordinances pertaining to fire extinguishers and such other information as the board of examiners may deem to be necessary or appropriate.
   Every application shall be accompanied by two one-inch by one-inch prints of a bust photograph of the applicant.
(Prior code § 90-44; Amend Coun. J. 5-18-16, p. 24131, § 80)
15-4-470  Issuance of license.
   A license shall be granted to all qualified applicants who have passed the examinations required under Section 15-4-440 and who have delivered to the fire commissioner satisfactory evidence of the existence of a commercial general liability insurance policy issued by an insurance company authorized to insure in Illinois, insuring the public in an amount of not less than $300,000.00 per occurrence for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The insurance coverage shall include products and completed operations liability. The insurance policy required under this section shall: (1) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (2) be in full force and effect throughout the duration of the license.
(Prior code § 90-45; Amend Coun. J. 5-18-16, p. 24131, § 81; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 49)
15-4-480  License fee.
   Upon approval by the board of examiners of an application for a license under this Article VII and the acceptance by the fire commissioner of the commercial general liability insurance policy, fire commissioner shall forward such approved application to the comptroller. Upon payment of an annual license fee of $30.00, a license shall be issued. Such license shall expire on the thirty-first day of December of the year in which it is issued. The fire commissioner shall cause all licensees' information to be kept on a database readily accessible by first response agencies.
(Prior code § 90-46; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 11; Amend Coun. J. 5-18-16, p. 24131, § 82; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 50)
15-4-490  License renewal.
   Any license issued under this Article VII may be renewed upon payment of an annual renewal fee of $50.00. Any change of address of the licensee or any change of licensee's employer shall be reported within ten days to the fire commissioner.
(Prior code § 90-47; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 5-18-16, p. 24131, § 83)
15-4-500  Violation – Penalty.
   Any person who violates any provision of Sections 15-4-430 to 15-4-490, inclusive, shall be fined not more than $200.00 for each offense.
(Prior code § 90-48; Amend Coun. J. 5-18-16, p. 24131, § 84)
15-4-510  Rules and regulations.
   The fire commissioner, at his discretion, may make or cause to be made an inspection of the contents and working condition of any fire extinguisher, and may promulgate such reasonable rules and regulations as the fire commissioner deems necessary or appropriate to carry out the purposes of the provisions of Sections 15-16-620 to 15-16-680, inclusive, and Sections 15-4-430 to 15-4-510, inclusive.
(Prior code § 90-49; Amend Coun. J. 5-18-16, p. 24131, § 85)
ARTICLE VIII.  OTHER LICENSE REQUIREMENTS (15-4-520 et seq.)
15-4-520  Other licenses and permits required.
   For the licensing and permit requirements covering the following occupancies, refer to the chapter indicated:
      Adult family care home, 4-6;
      Assisted living establishment, 4-6;
      Public places of amusement, 4-156;
      Drug, chemical or paint stores (wholesale), 4-6;
      Dry cleaners and spotters, 4-6;
      Filling stations, 4-108;
      Long-term care facilities, 4-6;
      Manufacturing establishments, 4-224;
      Motor vehicle repair, 4-228;
      Motor vehicle storage and sales, 4-232;
      Day care centers, 4-75;
      Recycling facilities, 11-4;
      Roofers, 4-256;
      Warehouses, 4-364;
      Solid and liquid waste handling and disposal; 11-4;
      Junk facilities, 11-4.
(Prior code § 90-50; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 5-9-12, p. 27485, § 182; Amend Coun. J. 11-8-12, p. 38872, § 231)
ARTICLE IX.  PERMITS. (15-4-530 et seq.)
15-4-530  Matches.
   No person shall manufacture, transport, store or sell matches exceeding in aggregate 60 matchman's gross (14,400 matches each gross) without securing a permit from the fire commissioner.
(Prior code § 90-51; Amend Coun. J. 5-18-16, p. 24131, § 86)
15-4-540  Application.
   Application for the permit required under Section 15-4-530 shall be made to the fire commissioner in writing and shall set forth in detail the location or proposed storage or place of sale or method of transportation of the matches, and the character of building construction, location of storage or place of sale within the building where the matches will be stored or sold, and the kind of matches involved and type of containers in which the matches will be placed. If, after an inspection of premises, the provisions of this Code are found to have been complied with, a permit shall be issued by the fire commissioner.
(Prior code § 90-52; Amend Coun. J. 5-18-16, p. 24131, § 87)
15-4-550  Fireworks.
   The fire commissioner may, upon due application, issue a permit to a properly qualified person for giving a display of fireworks on privately owned property. The applicant shall give written notice to the alderman of the affected ward ten days prior to the date of application for such permit. The application shall be filed with the fire commissioner, and shall include the following information: (1) the written consent of the alderman of the affected ward; (2) the written consent of the owner of the property where the applicant proposes to give the display; (3) proof that the applicant is in compliance with all provisions of the Illinois Pyrotechnic Operator Licensing Act, as amended; (4) proof that the applicant is in compliance with the Illinois Fireworks Use Act, as amended; and (5) proof of commercial general liability insurance, in an amount not less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, issued by an insurer authorized to insure in Illinois. The City of Chicago and its officers and employees shall be named as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations. The insurance policy shall provide for notice to the fire commissioner no less than 72 hours prior to cancellation or lapse of coverage. If the proposed location of the display is licensed for the retail sale of alcoholic liquor for consumption on the premises, the applicant shall also include proof of the licensee's compliance with Section 6-32(a) of the Illinois Liquor Control Act, as amended. No display of fireworks shall be permitted between the hours of 11:00 P.M. and 6:00 A.M. In no case shall any display of fireworks be conducted unless the site meets safety standards set by the fire commissioner. The fire commissioner shall promulgate such safety standards as needed to determine if a proposed site has the proper safety equipment, personnel and procedures necessary to conduct a fireworks display. The safety standards shall be no less stringent than those adopted by the state fire marshal. The fire commissioner may impose additional specific conditions related to unique conditions of the property where an indoor display is proposed.
(Prior code § 90-53; Amend Coun. J. 12-13-95, p. 13845; Amend Coun. J. 2-10-99, p. 89142; Amend Coun. J. 9-4-03, p. 6950, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 47; Amend Coun. J. 5-18-16, p. 24131, § 88; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 51)
15-4-560  Certificate of fitness.
   Every person conducting or in charge of any public display of fireworks as herein provided for shall be in possession of a certificate of fitness, as provided for in Section 15-4-340 of this Code.
   Every applicant shall also file an indemnity bond running to the city in the sum of $10,000.00 to indemnify the city against any and all claims arising through or because of such display. Such bond shall be subject to the approval of the city comptroller and shall be filed in the office of the comptroller.
(Prior code §  90-54)
15-4-570  Permit fee.
   The permit fee for each display on public or private property shall be $200.00.
(Prior code § 90-55; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 11-14-18, p. 90376, Art. V, § 1)
ARTICLE X.  SCENERY AND DECORATIONS (15-4-580 et seq.)
15-4-580  Definitions.
   The provisions of Sections 15-4-580 to 15-4-630 both inclusive, shall apply to pre-ordinance buildings, existing building and buildings hereafter constructed.
   The words “scenery and decorations” are hereby defined as any stage materials, paraphernalia, scenery, decorations, drapes, curtains or similar material used for decorative effect or stage settings.
   Any material used as scenery and decorations which will neither support combustion nor carry a flame when subjected to a temperature of 1,200 degrees Fahrenheit shall not be classed as scenery and decorations and shall not be governed by the following regulations pertaining to scenery and decorations. Such materials shall include scenery and decorations made entirely of metal or asbestos or 100 percent spun glass fibers or metal and asbestos with all attachments, supports and framing of metal.
(Prior code §  90-56)
15-4-590  Combustible scenery and decorations.
   Any material used as scenery and decorations which will either support combustion or carry a flame when subjected to a temperature of 1,200 degrees Fahrenheit for a period of not less than ten minutes shall be classed as scenery and decorations and shall be governed by the following regulations pertaining to scenery and decorations.
(Prior code §  90-57)
15-4-600  Test standard.
   Any material, which does not comply with Section 15-4-590 and is used as scenery and decoration shall meet the requirement of the large and small scale tests given in the National Fire Protection Association's Pamphlet No. 701 entitled Standard Methods of Fire Tests for Flame Resistant Textiles and Films, 1973 Edition, and be so certified by a testing agency recognized by the fire commissioner. The large-scale test shall be used whenever the material will be hung in folds or whenever the small test reveals that the material is subject to excessive melting or shrinking. The small test shall be used in all other instances.
(Prior code § 90-58; Amend Coun. J. 5-18-16, p. 24131, § 89)
15-4-610  Wall area and school stages.
   For the purpose of determining the amount of scenery and decorations permitted in any premises, the words “wall area” are hereby defined as the sum of the areas of the ceiling and enclosing walls of the room, auditorium or part of the building in which such scenery and decorations are located, including the areas of all openings through such ceiling and enclosing walls. Except as hereinafter provided for curtains, portable screens, and projection screens on the stages of schools, all scenery and decorations used as stage settings in any type of occupancy shall be located within a Type 2 stage as defined and regulated in Chapter 13-84 of this Code or a stage as defined in Chapter 14B-2 and regulated in Section 14B-4-410 of this Code.
   On school stages which are not equipped as required by the provisions of Chapter 13-84 or 14B-4 of this Code, as applicable, it shall be permissible to use a pair of sliding curtains hung on horizontal metal rods not more than 12 feet above the floor of the stage and portable screens set on the floor. Said screens shall be not more than eight feet in height. On such stages located on the first or ground floor of a school of fireproof construction, it shall be permissible to use not more than four curtains hung from the top of the proscenium arch or from the ceiling. In addition, necessary projection screens may be used on such school stages. All such scenery and decorations, before being used, shall be treated with a flame-retardant solution, and thereafter continuously maintained, so that they will be capable of withstanding the test for scenery and decorations given in Section 15-4-600 of this Code.
   No scenery or decorations in excess of the amount necessary as stage settings or the current production shall be stored or kept in any theater.
(Prior code § 90-59; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 11)
15-4-620  Institutional public assembly, church, school and theater.
   Excepting the aforesaid provisions for scenery and decorations on the stages of schools and within Type 2 stages, all decorations and scenery in every institutional building, public assembly unit, general sales unit, church, school or theater shall conform to the following requirements:
   1.   Before being used, all scenery and decorations shall have been so treated with a flame-retardant solution and continuously maintained in such condition as to pass the test for scenery and decorations given in Section 15-4-600 of this Code;
   2.   No scenery and decorations shall be so hung or applied as to conceal any means of exit nor to reduce the width of any exit nor to give the appearance of an exit where none exists;
   3.   Not more than five percent of the wall area of any auditorium or room in any of the buildings mentioned in this section shall be covered by scenery and decorations;
   4.   No one article of scenery and decoration shall cover more than three percent of said wall area.
(Prior code §  90-60)
15-4-630  Open flame devices.
   All open flame devices used for illumination or decorative purpose shall be in suitable noncombustible holders and be placed in such a manner that they will not ignite any combustible material or constitute a dangerous hazard or condition.
(Prior code §  90-61)