The International Fire Code, as adopted in Section 1610.01, is hereby amended as follows:
Section 101.1 amended to read as follows, “These regulations shall be known as the Fire Prevention Code of the City of Freeport, Illinois.”
Section 109.4 amended to read as follows, “Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official(s), or of a permit or certificate used under provisions of this code, shall be guilty of a Fire Prevention Code violation, punishable by a minimum fine of $50.00 and maximum of $750.00. Each day that a violation continues after due notice has been served shall be deemed a separate offense.”
Section 111.4 amended to read as follows, “Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $50.00 or more than $750.00.”
Section 5704.2.9.6.1 amended to read as follows, “Locations of Above Ground tanks/Storage of Class I and II Liquids. Above-ground fuel storage tanks outside of buildings for flammable (Class I) or combustible liquids (Class II) within the corporate limits of the City shall be located only on parcels which are zoned either M-1, M-2, M-3 or A-1, as defined in the Zoning Code of the City of Freeport, as now or hereafter amended. Service stations may only maintain above-ground fuel storage tanks of combustible liquids, and not of flammable liquids. No person shall install, operate or maintain any above-ground fuel storage tank for flammable or combustible liquids without first obtaining a written permit from the Office of Fire Prevention of the City Fire Department as provided in Section 5501.2. Such Office is hereby authorized to promulgate such regulations as it deems necessary for the issuance of such permits or for the operation and/or construction of such tanks.”
Section 5706.2.4.4 amended to read as follows, “Locations of Above Ground tanks/Storage of Class I and Class II Liquids: Above-ground fuel storage tanks for flammable (Class I) or combustible liquids (Class II) within the corporate limits of the City shall be located only on parcels which are zoned either M-1, M-2, M-3 or A-1, as defined in the Zoning Code of the City of Freeport, as now or hereafter amended. Service stations may only maintain above- ground fuel storage tanks of combustible liquids, and not of flammable liquids. No person shall install, operate or maintain any above-groung fuel storage tank for flammable or combustible liquids without first obtaining a written permit from the Office of Fire Prevention of the City Fire Department as provided in Section 5501.2. Such Office is hereby authorized to promulgate such regulations as it deems necessary for the issuance of such permits or for the operation and/or construction of such tanks.”
Section 5806.2 amended to read as follows, “Locations of Flammable Cryogenic Fluids in Stationary Containers: Flammable cryogenic fluids in stationary containers within the corporate limits of the City shall be located only on parcels which are zoned either M-1, M-2, M-3 or A-1, as defined in the Zoning Code of the City of Freeport, as now or hereafter amended. No person shall install, operate or maintain any flammable cryogenic fluids in stationary containers without first obtaining a written permit from the Office of Fire Prevention of the City Fire Department as provided in Section 5501.2. Such Office is hereby authorized to promulgate such regulations as it deems necessary for the issuance of such permits or for the operation and/or construction of such containers.”
Section 6104.2 amended to read as follows “Maximum Capacity within established limits. Bulk storage of liquefied petroleum gas shall be prohibited in the City except in areas zoned M-3 Heavy Industrial. Within M-3 Districts, no installation with an aggregate capacity in excess of 200 gallons water capacity shall be made, or permitted to exist, unless a written permit therefor is first obtained from the Fire Chief or the Chief of the Bureau of Fire Prevention, and it shall be within his or her sole discretion to grant or deny such permit. This provision shall not apply to any storage facility which existed prior to 1997, and which has facilities which have been approved by the Office of Fire Prevention of the City Fire Department.”
Section 307 regarding Open Burning, Recreational Fires and Portable Outdoor Fireplaces is amended to include the following new Section 307.6 to read as follows:
“307 .6 Miscellaneous.
(a) Within the corporate limits of the City, no person shall burn any garbage, solid waste, commercial solid waste, yard waste, household waste, junk, bulky household waste, refuse, rubbish, construction waste, hazardous waste, buildings or structures.
(b) Nothing in this section shall be construed so as to prohibit any of the following acts:
(1) The use of grills or barbecues in the preparation of cookouts, or other recreational fires, provided the following conditions are met:
A. No recreational fires shall be permitted except in approved containers or fire pits.
B. For the purposes of this section, approved container shall be defined as a device intended for the use of burning materials, including, but not limited to, portable fireplaces or chimineas. The approved container may not be larger than forty-two inches in diameter nor more than forty-eight inches in height. A fire pit may not be more than forty-two inches in diameter nor more than thirty-six inches in depth. The Fire Chief or his or her designee has the final authority to approve or reject any container.
C. Acceptable fuels for recreational fire shall be twigs, small branches with or without leaves, dried wood all cut to a size not to extend beyond the width, height or depth of the approved container in which the fire is kindled.
(2) The burning of scientifically established prairie grass, provided that the following conditions are met:
A. Burning shall be allowed only within areas zoned as "A" or "M" classifications, or properties under the control of the Freeport Park District;
B. No burning shall occur without at least twenty-four hours advance notice to, and the consent of, the Fire Chief or his or her designee;
C. A detailed sketch of the area to be burned shall be provided to the Fire Chief or his or her designee, which shall include estimated size of the area to be burned and the proximity to any fire exposure, including, but not limited to, structures or combustible materials;
D. No burning shall be allowed within 100 feet of any fire exposure, unless prior approval is obtained from the Fire Chief or his or her designee; and
E. Written permission shall be obtained from the property owner upon which the burning will be conducted, and notice shall be given to adjacent property owners within 100 feet prior to such burning;
(3) The burning of material for instruction in the methods of fire fighting or for research in the control of fires conducted as an authorized activity of the Fire Department; and
(c) In addition to the penalties which may be imposed by a court of law in accordance with Section 1630.99, any person violating the provisions of this section shall be assessed the following fees whenever the Fire Department is called to extinguish a fire prohibited by this section or by the applicable provisions of the latest edition of the ICC International Fire Code which has been adopted by the City. The Fire Chief, in his or her sole discretion, may waive these additional fees for good cause shown. These fees may be collected by means of a civil lawsuit initiated and prosecuted by the City Legal Counsel:
(1) Twenty-five dollars ($25.00) per reasonably necessary firefighter called to the scene for the first hour or fraction thereof;
(2) Six dollars and twenty-five cents ($6.25) per reasonably necessary firefighter called to the scene for each fifteen minutes or fraction thereof after the first hour;
(3) Ten dollars ($10.00) per section of attack line used to extinguish such illegal fire; and
(4) The repair or replacement cost of any City-owned fire hose which is damaged, punctured, burned or destroyed while used to extinguish such illegal fire.”
(Ord. 98-73. Passed 3-15-99; Ord. 2010-20. Passed 4-19-10; Ord. 2020-43. Passed 9-8-20.)