4-228-305 Tire Facilities – Standards.

   (a)   Requirements. Every licensee under this chapter that is a tire facility, as defined in Section 4-228-010, shall adhere to the following requirements:

      (1)   Tire facilities located within a structure shall adhere to the following requirements:

         (i)   Every building which houses a tire facility is hereby classified as a Group S occupancy pursuant to Section 14B-3-311 of the Municipal Code. All structures in which tire facilities are located shall be subject to the height and area limitations of Chapter 14B-5 of this Code;

         (ii)   Facilities where tires are stored below grade shall comply with Section 15-16-030(b) of the Municipal Code;

         (iii)   Smoking shall be prohibited in any room or other enclosure where tires are stored or disposed of and appropriate signs indicating the prohibition shall be posted;

         (iv)   The interior of all structures used for tire storage shall be secured against unauthorized access;

         (v)   All tires shall be stored no less than ten feet from any heat producing appliance;

         (vi)   Tires shall be stacked on a level surface, with no less than three feet in clearance from the top of stackage to any sprinkler, fixtures, structural support, ceiling or roof. Aisles shall be no less than four feet wide. Except for tire storage on metal racks approved under N.F.P.A. Standard 231D. Storage of Rubber Tires, tires shall be stacked in piles no longer than 25 feet and no wider than ten feet.

      (2)   Tire facilities located on any open site shall adhere to the following requirements:

         (i)   Tires shall be stacked, in an orderly manner, in piles not to exceed 25 feet in height;

         (ii)   Individual piles shall be separated by a distance of ten feet. No pile shall be closer than four feet to any building. No pile covering a total ground area greater than 100 square feet shall be located closer than 25 feet to a lot line, unless in the determination of the commissioner or his designee a greater or lesser setback is required or sufficient for fire prevention purposes. A greater or lesser setback may be imposed by regulation in accordance with the Section 4-228-410 herein;

         (iii)   Each such facility shall be enclosed by a noncombustible fence, six feet high with not less than two gates, unless bounded by a cement abutment, river, or other body of water. The area around or within the tire piles shall be kept free of rubbish, weeds, grass, or other growth. No oil or other flammable liquid shall be permitted to accumulate on the area around or within the piles. No flame cutting or welding operation shall be conducted within 25 feet of any pile of tires.

   (b)   Exceptions. The requirements of subsections (2)(i), (ii) and (iii) herein shall not apply to the legal disposal of tires at a state or city permitted landfill.

   (c)   Penalty for violation. In addition to any other penalty provided by law, any person who violates any requirements of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 and not more than $2,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. Repeated violations of this section or of any rule and regulation promulgated hereunder shall be grounds for injunctive relief.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 119; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 49)

4-228-307 Hazardous materials – Duties – Prohibited acts.

   It shall be unlawful for the licensee of any tire facility licensed or required to be licensed under this chapter to fail to comply with the requirements set forth in Section 4-228-296.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 120)

ARTICLE IV. ENFORCEMENT (4-228-400 et seq.)

4-228-400 Inspections.

   (a)   The commissioner and zoning administrator shall inspect motor vehicle repair shops to determine compliance with the provisions of this chapter and for compliance with the Chicago Zoning Ordinance, respectively.

   (b)   If the applicant for a license under this chapter is also a tire facility, as defined in Section 4-228-010, no license shall be issued or renewed under this chapter unless the fire commissioner causes an inspection to be made of the premises identified in the license application to determine compliance with the requirements set forth in Article III of this chapter and other applicable requirements of this Code.

(Added Coun. J. 5-9-12, p. 27485, § 106)

4-228-405 License – Suspension or revocation.

   The violation of any provision of this chapter or any rule and regulation promulgated thereunder may result in license suspension or revocation in accordance with the requirements set forth in Section 4-4-280.

(Added Coun. J. 5-9-12, p. 27485, § 106)

4-228-410 Regulations.

   (a)   Except as otherwise provided in subsection (b) of this section, the commissioner is authorized to adopt rules and regulations necessary or appropriate for the proper administration and enforcement of the provisions of this chapter concerning motor vehicle repair shops. Such regulations shall include, but are not limited to, the following: (1) procedures for accepting complaints from the public against any motor vehicle repair shop or mechanic relating to alleged violations of this chapter or rules and regulations promulgated pursuant to this chapter; and (2) criteria for investigating such complaints, including, without limitation, the alleged financial loss to the complainant, the indication of recurring incidents of fraud or deceptive practices, or the essential nature of the service provided as it relates to the safe operation of the vehicle. Each such regulation shall become effective ten days after notice of said regulation has been published in a newspaper of general circulation in the City of Chicago.

   (b)   The commissioner of business affairs and consumer protection and the fire commissioner may promulgate rules and regulations for tire facilities.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 121)

4-228-415 Penalty for violation.

   Except as otherwise provided in this chapter, and in addition to any other penalty provided by law, any person who violates any requirement of this chapter or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $2.000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. Repeated violations of the provisions of this chapter or any rule or regulation promulgated thereunder shall be deemed to be a public nuisance and grounds for injunctive relief.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 122)