ARTICLE XIX. BOARD-UP COMPANY (4-6-190 et seq.)

4-6-190 Board-up company.

   (a)   Definitions. As used in this section:

   "Board-up company" means any person who, for direct or indirect compensation, does board-up work or contracts with others to do board-up work or solicits contracts for board-up work. The term "board-up company" does not include (1) employees of any person licensed under this chapter working within the scope of their employment; or (2) any public insurance adjuster licensed by the State of Illinois pursuant to the Illinois Insurance Code for work other than the performance of board-up work.

   "Board-up work" means the temporary placement of boards or other material over any opening in a building or other structure in order to protect the interior of the building or structure from damage or unauthorized entry.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of board-up company shall be accompanied by the following information:

      (1)   a description of the type of board-up work and board-up work solicitation in which the applicant will engage;

      (2)   a statement as to whether, within five years prior to the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or criminal offense of whatever degree involving theft, fraud, misrepresentation, dishonesty or deception of any kind;

      (3)   if applicable, the name and address of the principal location from which the applicant has performed board-up work or board-up solicitation any time within five years prior to the date of application or renewal;

      (4)   proof of insurance, as required by subsection (e)(1) of this section.

   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of board-up company shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, who, within five years of the date of application has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or criminal offense of whatever degree involving theft, fraud, misrepresentation, dishonesty or deception of any kind, unless, upon the request of such person, the commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

      (2)   any applicant whose license under Title 4 to engage in the business of board-up company has been revoked for cause at any time;

      (3)   any applicant who knowingly files false or incomplete information or signatures on any board-up company application submitted pursuant to subsection (b) of this section.

   (d)   Departmental duties.

      (1)   The provisions of this section shall be enforced by the department of business affairs and consumer protection and by the fire department.

   (e)   Legal duties. Each licensee engaged in the business of board-up company shall have a duty to:

      (1)   maintain in full force and effect at all times throughout the duration of the license period commercial general liability insurance with limits 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 policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection shall result in license suspension or revocation in accordance with Section 4-4-280;

      (2)   before any board-up work begins, give to the customer a written estimate of the total cost of the board-up work and any other work to be done by the board-up company. The word "estimate" shall be conspicuously placed on the document. The estimate shall be signed by the licensee or by such licensee's agent or employee and shall contain the licensee's name, business address, business telephone number and board- up company license number. Such written estimate shall state the total estimated cost of the following items: (i) parts listed with reasonable particularity and identified by a brand name or the equivalent; (ii) labor; (iii) incidental services; and (iv) charges, if any, for making such estimates;

      (3)   record on an invoice all work and services provided by the board-up company. Such invoice shall state the board-up company's name, address and board-up company license number and shall contain a detailed description of all board-up work that was done and all other work or services performed or provided by the board-up company, all parts supplied, and the exact charge for each part or service. One copy of the invoice required under this subsection (e)(3) shall be given to the customer upon completion of all work and services;

      (4)   notify the customer and obtain prior written approval before performing any work that will result in charges in excess of the amount specified in the original estimate. In no event shall a customer be required to pay more than the amount specified in the original estimate if the customer did not receive notification of, and approve in writing, any additional costs not reflected in the original estimate.

   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of board-up company to:

      (1)   commence board-up work without first having received written authorization to proceed from the owner, or an agent of the owner, of the building or structure that is the subject of the board-up work or from the owner's agent;

      (2)   do any of the following acts without written permission from the Chicago Fire Department's Office of Fire Investigation, if the premises that is the subject of the board-up work was damaged by fire or by an explosion and is being investigated by the Office of Fire Investigation: (i) make any physical alteration to the electrical system; or (ii) use a generator to produce electricity; or (iii) move or remove any object from within the interior of the building or structure. In no circumstances shall any electrical connection, disconnection or alteration be made to the electrical system except by a licensed electrician;

      (3)   interfere in any way with the conduct of any investigation by any governmental authority;

      (4)   represent the licensee or his agent or employee in any way to be a member of a fire department, a police department or any other governmental agency in order to solicit board-up work or to influence, persuade or induce any person to authorize the performance of board-up work;

      (5)   act as or claim to be an insurance adjuster unless licensed as such by the State of Illinois;

      (6)   enter into any unconscionable agreement or contract.

   (g)   Penalty.

      (1)   In addition to any other penalty provided by law, any person who violates any provision of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (h)   Rules. The commissioner of business affairs and consumer protection and the fire commissioner shall have the authority to promulgate reasonable rules and regulations necessary to implement the requirements of this section.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 66; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 3; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 3)

ARTICLE XX. DRY CLEANER (4-6-200 et seq.)

4-6-200 Dry cleaner.

   (a)   Definitions. As used in this section:

   "Dry cleaner" means any person keeping or using more than two quarts of any solvent other than water, including, but not by way of limitation, solvents of the petroleum distillate type, coal tar distillate type or chlorinated hydrocarbon type, for the purpose of cleaning or renovating wearing apparel, fabrics, textiles, drapes, curtains, rugs, blankets, furs, leather or other material, for profit or reward. The term shall also include self-service coin-operated dry cleaning establishments.

   "Flammable liquid" has the meaning ascribed to the term in Section 15-24-020.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of dry cleaner shall be accompanied by the following information:

      (1)   whether the business will be operated as a full service or self-service coin-operated dry cleaner;

      (2)   proof of arrangements for the disposal of all cleaning solvents and other nonrefuse waste by a properly licensed waste hauler. Such proof may consist of a copy of the contract with, recently dated manifests of, or an affidavit from, the waste hauler who will be responsible for the removal and handling of such waste;

      (3)   if the application is for an initial license for a self-service coin-operated dry cleaner, proof that the applicant has submitted to the building commissioner a complete and explicit set of plans and specifications of the building in which the dry cleaning establishments establishment will be located and a complete diagram of the floor plan of each room to be occupied by such dry cleaning establishments establishment, correctly showing the arrangement or setting of all machinery and equipment to be installed therein.

   (c)   Departmental duties – Inspections.

      (1)   The departments of buildings, health and fire are authorized to inspect or to cause to be inspected all premises and vehicles as necessary to ascertain whether the licensee is in compliance with all provisions of this Code and the laws of the State relative to operating a dry cleaning establishment.

   (d)   Legal duties. Each licensee engaged in the business of dry cleaner shall have a duty to:

      (1)   obtain a building permit for installation of tanks for the storage of any volatile flammable liquid used in connection with the dry cleaning establishments business in accordance with Chapter 14A-4 of this Code;

      (2)   construct and equip any building used for the purpose of dry cleaning in accordance with the applicable building and fire provisions of this Code;

      (3)   if the dry cleaning establishments establishment uses flammable liquids, comply with the requirements set forth in Chapter 15-24 of this Code;

      (4)   provide proper facilities and equipment for the separate handling of cleaned and soiled articles;

      (5)   if the dry cleaner is a self-service coin- operated establishment (i) comply with Section 15-24-930 and the applicable provisions of Chapter 7-28; and (ii) have an attendant present on the licensed premises at all times that the licensed establishment is open for business;

      (6)   prominently display a list of its services and the respective current selling price of each listed service; and

      (7)   charge customers the price indicated on the list of services required under subsection (d)(6) of this section. Provided, however, that a price higher than the price indicated on such list of services may be charged if the amount of the difference and the reasons for the difference are disclosed to the customer prior to performing the requested dry cleaning establishments.

   (e)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of dry cleaner to:

      (1)   use any flammable solvent having a flash point below 140 degrees Fahrenheit (closed cup tester) in any building or portion thereof used or intended to be used for purposes other than dry cleaning, or in any dry cleaning establishment located within 100 feet of the nearest boundary of any school, place of worship, hospital or theater;

      (2)   permit vapors or odors emanating from the dry cleaning establishment to become a nuisance to any portion of the premises in which such establishment is located or any adjoining or nearby premises;

      (3)   allow any article cleaned at the establishment to come in contact with any uncleaned or soiled article;

      (4)   if the dry cleaner is a self-service coin- operated establishment, permit any person under the age of 15 years to operate any self-service coin-operated machine; and

      (5)   operate before the hour of 6:30 a.m. and after the hour of 11:30 p.m.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 67; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 19)

ARTICLE XXI. HAZARDOUS MATERIALS (4-6-210 et seq.)

4-6-210 Hazardous materials.

   (a)   Definitions. As used in this section:

   "Hazardous material(s)" means:

      (1)   Use or maintenance of any hazardous material for which a license is required under Section 15-4-130;

      (2)   Use or maintenance of acetylene gas for which a license is required under Section 15-4-160(a);

      (3)   Use or maintenance of acetylene gas for which a license is required under Section 15-4-160(b);

      (4)   Use or maintenance of calcium carbide for which a license is required under Section 15-4-160(c);

      (5)   Use or maintenance of flammable liquids for which a license is required under Section 15-4-210;

      (6)   Use or maintenance of liquefied fume hazard gases for which a license is required under Section 15-4-230;

      (7)   Use or maintenance of oxygen or hydrogen for which a license is required under Section 15-4-240;

      (8)   Use or maintenance of nitrocellulose products for which a license is required under Section 15-4-250;

      (9)   Use or maintenance of a lumberyard or lumber storehouse for which a license is required under Section 15-4-252;

      (10)   Use or maintenance of sawdust, shavings, excelsior or other similar flammable materials for which a license is required under Section 15-4-254;

      (11)   Use or maintenance of solid fuel for which a license is required under Section 15-4-256 or Section 15-4-257;

      (12)   Use or maintenance of fuel oil for which a license is required under Section 15-4-258 or Section 15-4-259; or

      (13)   The business of extermination by fumigation as defined in Section 7-44-010.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to use or maintain any hazardous material in connection with any place of business shall be accompanied by the following information:

      (1)   the location where the hazardous material(s) will be used or stored;

      (2)   the chemical name or common name of such hazardous material(s);

      (3)   the maximum aggregate quantity of the hazardous material(s) to be stored for use at each location identified pursuant to subsection (b)(1) of this section;

      (4)   a description of (i) the applicable business, (ii) the location and capacity of all containers or tanks that will be used to store any hazardous material(s); and (iii) all vehicles used in connection with the business; and

      (5)   any other information that the fire commissioner, commissioner of health, executive director of emergency management and communications or commissioner of business affairs and consumer protection may require to implement the requirements of this section.

   (c)   Departmental duties – Inspections.

      (1)   Before any initial license is issued under this section, and, thereafter, as often as the fire commissioner deems necessary, the fire commissioner shall investigate, or cause to be investigated, (i) the place of business described in the license application, (ii) all containers, tanks and buildings where any hazardous material(s) will be stored, (iii) all vehicles that will be used in connection with the business; and (iv) the methods and equipment that will be used in connection with the business, to determine whether such places, equipment or methods are in compliance with the fire prevention provisions of this Code.

      (2)   The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (i) to inspect, at reasonable hours or in case of an emergency, any place of business using or maintaining any hazardous material(s) for the purpose of determining compliance with the requirements of this section; (ii) to examine the applicable books and records of such place of business to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of such place of business under Section 11-4-1200; and (iii) to enforce the requirements of this section.

   (d)   License issuance and renewal – Prohibited when. No regulated business license to use or maintain any hazardous material in connection with any place of business shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, unless, in the case of an initial license application only, the fire commissioner has conducted or caused to be conducted an inspection meeting the requirements set forth in subsection (c)(1) of this section.

   (e)   Legal duties. Each licensee that uses or maintains any hazardous material in connection with such licensee's business shall have a duty to:

      (1)   notify the fire commissioner, within seven days of discontinuing the use or maintenance of any hazardous material(s) in quantities sufficient to require a license under this section, of the fact of such discontinuation. The notice required under this subsection shall be in the form of a verified written statement, signed by the licensee or the licensee's agent, attesting to the fact that the licensee is no longer using such hazardous material(s) in quantities sufficient to require a license under this section;

      (2)   keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the licensee's business, if such chemical is present at the business in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in suspension or revocation of all licenses held by such licensee in accordance with Section 4-4-280 of this Code;

      (3)   upon request by any authorized city official, to make available for inspection by such city official, during regular business hours or in case of emergency, the records required to be kept and maintained under subsection (e)(2) of this section.

   (f)   Prohibited acts. It shall be unlawful for any licensee that uses or maintains any hazardous material in connection with such licensee's business to:

      (1)   fail to comply with the requirements set forth in Section 11-4-1200 of this Code, if applicable.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 68; Amend Coun. J. 5-18-16, p. 24131, § 9)

ARTICLE XXII. SINGLE-ROOM OCCUPANCY BUILDING (4-6-220 et seq.)