A. Regulations Adopted: That certain printed document entitled ICC International Fire Code, 2018, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60477, a copy of which Code was on file in the Office of the Village Clerk for inspection and/or copying by the public at least thirty (30) days prior to the adoption thereof, be and is hereby adopted by reference and made a part of this title as the rules and regulations governing conditions hazardous to life and property from fire or explosion in the Village; and it shall be unlawful for any person to violate or fail to comply with these rules and regulations, and each and all of the regulations, provisions, penalties, conditions and terms of said Code are hereby referred to, adopted and made a part hereof as if fully set out in this Code, with the additions, insertions, deletions and changes, if any, as set forth in subsection B of this section.
B. Amendments, Deletions, Additions: The following amendments, deletions and modifications are hereby made to the Fire Code adopted in subsection A of this section:
101.1 - Insert: "The Village of Lake Barrington".
103.1 Appointment: It shall be the duty and responsibility of the building commissioner, or his duly authorized representative, to enforce the provisions of the fire code as herein set forth. The building commissioner is herein referred to as the fire official.
109.3 Fees: Please refer to section 1-10-7 of chapter 10 of title 1 of the village code.
111.4 Penalties: Please refer to the penalties as specified in chapter 4 of title 1 of the village code.
Section 307 is hereby deleted in its entirety, and in lieu thereof, the following new Section 307 is hereby inserted, which new section shall read as follows:
307. Open Burning, Recreational Fires and Portable Outdoor Fireplaces
307.1 Definitions:
The following words and terms shall, for the purposes of this section and as stated elsewhere in this code, have the meanings shown herein:
Agricultural Fires: Open burning for recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.
Bonfire: An outdoor fire utilized for ceremonial or recreational purposes.
Conservation Burn: Open burning for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests.
Open Burning: The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed, when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
Recreational Fire: An outdoor fire utilized to entertain, and/or to cook food for consumption by, one's family and/or guests.
307.2 Prohibitions:
(1) It shall be unlawful for any person to cause or allow open burning, unless permitted or approved in accordance with this code.
(2) It shall be unlawful to build, light, kindle, permit or maintain any fire so close to a building or structure as to cause danger thereto or under any other circumstances where there is a danger of the fire spreading; or
(3) It shall be unlawful to build, light, kindle, permit or maintain any fire on any public street or sidewalk or within any right-of-way which has been dedicated or offered for dedication to the village or other public body at any time; or
(4) It shall be unlawful to build, light, kindle, permit or maintain any conservation burn or agricultural fire unless a permit has been obtained and timely notification has been given to neighboring property owners as required by section 307;
(a) Exceptions: Provided, however, nothing contained herein shall be constructed to prohibit the following:
(i) The setting of fires to combat or limit existing fires or in emergency or other extraordinary circumstances when reasonably necessary in the judgment of the responsible officer of the applicable fire protection district.
(ii) The setting of fires for the purpose of instruction in methods of fire fighting by the applicable fire protection district.
(iii) The burning of fuels in domestic fireplaces provided that no garbage shall be burned in such cases.
(iv) Recreational fires.
(v) Small open flames for heating tar, for welding, acetylene torches, highway safety flares and the like.
(vi) Bonfires as defined herein subject to the restrictions hereinafter provided:
(a) Size And Duration: A bonfire shall not be more than 5 feet (1524 mm) by 5 feet (1524 mm) by 5 feet (1524 mm) in dimension and shall not burn longer than 4 hours and shall be attended as provided in section 307.3.3. The maximum size and duration of a bonfire shall not be increased by the code official unless it is determined that fire safety requirements of the situation and the desirable duration of burn warrant the increase.
(b) Material: Fuel for a bonfire shall consist of seasoned dry firewood and shall be ignited with a small quantity of paper. The fire shall not be utilized for waste disposal purposes, and the fuel shall be chosen to minimize the generation of air contaminants.
(vii) Agricultural fires pursuant to and in compliance with a pre-approved permit as hereinafter described.
(viii) Conservation burns pursuant to and in compliance with a pre-approved permit as hereinafter described.
(ix) (a) Effective May 5, 2020, through and including December 31, 2020, the open burning of leaves, brush, sticks, small branches, and/or other trimmings from trees or bushes, on any property, public or private, owned or occupied by the person and/or entity conducting such burning, including but not limited to any conservation burn(s) and bonfire(s) within the Village of Lake Barrington, is hereby declared to be a public nuisance and is hereby temporarily prohibited.
(b) Effective January 1, 2021, the open burning of leaves and small branches on private property owned or occupied by the person conducting such burning shall be permitted without a permit, but only between October 1 and May 31, inclusive, and only between the hours of 9:00 A.M. and 6:00 P.M. provided that all applicable requirements of this Section are fully complied with.
(x) Penalties: The property owner and the person conducting such burning shall be jointly and severally liable for any violation of this section. Any person, firm or corporation violating any provision of the village code shall be subject to such fines and penalties as specified from time to time in section 1-4-1 of the village code.
Each day on which a violation occurs or continues shall be considered a separate offense.
(5) Notwithstanding anything contained in this Section 307 to the contrary, the open burning of garbage, rubbish, trash, an d/or waste of any kind is prohibited.
307.3 Permits Required; Notification Of Neighboring Property Owners Required:
(a) Application: Applications for an open burning permit shall be submitted in writing at least ten (10) days before the fire is set and shall be in such form and contain such information as required by the code official. Such application shall contain, as a minimum, information regarding the purpose of the proposed burning, the nature and quantities of material to be burned, the date when such burning will take place, the location of the burning site and the on-site fire-extinguishing equipment to be provided. Where the jurisdictional EPA written permission is not applicable, the code official shall give written permission, provided that approved fire safety requirements and emission standards will be met.
(b) No person shall build, light, kindle, permit or maintain any conservation burn or agricultural fire as specified in 403.1(a) above or authorize any such fire to be kindled or maintained on any premises without having obtained a written permit from a duly authorized representative of the applicable fire protection district and, where applicable, permit from the Illinois environmental protection agency. All permits shall be requested by and issued to the owner of the land upon which the fire is to be kindled and any violations of the terms of any such permit shall constitute a violation of this fire prevention code. No such open burning shall be conducted when the wind velocity exceeds fifteen (15) miles per hour.
(c) No person shall build, light, kindle, permit or maintain any conservation burn or agricultural fire within the village unless all property owners within five hundred feet (500') of the boundaries of the land on which the burn shall occur shall have been notified in writing by the permittee, by first class mail, postage prepaid, and such notices shall be mailed not less than ten (10) calendar days prior to the date of the conservation burn or agricultural fire. For the purposes of this section, ownership may be determined on the basis of the last available tax records of Lake County. An affidavit of compliance with the foregoing notice requirements shall be filed with the village president not less than forty-eight (48) hours prior to the time of the conservation burn or agricultural fire. The village president may inquire into the adequacy of such affidavit and/or the adequacy of the notice itself. However, the village president may rely on any such affidavit which appears regular on its face.
(d) Where the jurisdictional EPA written permission is not applicable, the code official shall give written permission, provided that all other applicable requirements shall be met.
(e) Attendance: Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers with a minimum 2-A rating each, or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
307.4 Extinguishment Authority:
The fire code official is authorized to order the extinguishment by the permit holder, another person responsible, or the fire department of open burning that creates or adds to a hazardous or objectionable situation.
Chapter 9 - Fire Protection and Life Safety Systems
For existing buildings, chapter 9 of the international fire code shall be applicable;
For new buildings, chapter 9 of the international building code shall apply and shall govern to the extent inconsistent with Chapter 9 of the International Fire Code.
Chapter 80 - Referenced Standards
Chapter 80, "Referenced Standards", is hereby amended as follows:
All references to the "International Plumbing Code" are hereby deleted from Chapter 80, and in lieu thereof, reference to the "Illinois Plumbing Code" shall be inserted for each such reference.
All references to the "International Wildland-Urban Interface Code" are hereby deleted from Chapter 80.
Appendix: The following appendix is hereby adopted: C.
(Ord. 2011-O-07, 4-6-2011; amd. Ord. 2020-O-05, 2-4-2020; Ord. 2020-O-11, 5-4-2020)