(A) Adoption of Fire Prevention Code and Life Safety Code. The 2003 International Fire Code as published by the International Code Council, and the NFPA 101, Life Safety Code, 2000 edition, as published by the National Fire Protection Association, shall be and hereby are adopted by reference as the Fire Prevention Code and Life Safety Code of the Village of Maywood, and, except as modified in this chapter, each and all of the regulations, provisions, conditions and terms of the foregoing Codes are hereby referred to, adopted, and made a part hereof by reference as if fully set forth in this code. At least one copy of the 2003 International Fire Code and Life Safety Code, 2000 edition, shall be kept on file in the office of the Building Director, Village Clerk’s office, and the Maywood Public Library for public inspection.
(B) Amendments to the 2003 International Fire Code. The 2003 International Fire Code, adopted by reference pursuant to this section, is hereby amended as it applies within the Village of Maywood as follows:
(1) Section 101.1 shall read:
These regulations shall be known as the Fire Prevention Code of the Village of Maywood, hereinafter referred to as "this Code." To the extent that there is any conflict between the 2003 International Fire Code and the provisions of Chapter 91 of the Maywood Village Code, the most restrictive provisions of Chapter 91 of the Maywood Village Code and the 2003 International Fire Code shall govern and control.
(2) Section 102.3 shall be deleted.
(3) Section 102.4 shall read:
Application of Building Code: The design and construction of new structures to provide egress facilities, fire protection, and built-in fire protection equipment shall be controlled by the building code listed in Chapter 45 and the Life Safety Code, 2000 edition; and any alterations, additions or changes in structures required by this Code which are within the scope of the building code listed in Chapter 45 shall be made in accordance therewith.
(4) Section 603.5 (Heating Appliances) is amended by adding a new subsection 603.5.3, to read as follows:
603.5.3 Barbeque Pits and Similar Commercial Cooking Appliances. Barbeque pits and other similar commercial cooking appliances that produce grease-laden vapors and that are vented to the exterior by chimney shall have fire-suppression systems.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a separate meaning.
CHIEF. The Chief of the Village Fire Department.
CORPORATION COUNSEL. The attorney or prosecutor for the Village.
DIRECTOR. The Fire Prevention Officer(s).
MUNICIPALITY. The Village of Maywood.
PERSON. Means and includes, but not limited to, natural person, corporations, firms, partnerships, other entities and associations, legal and/or equitable owners, occupiers, tenants, managers, landlords, persons in actual control of structures, persons responsible for structures or the work thereon, persons having in fact or having the right to possession, control, care, charge or custody of the building as a whole or any unit thereof, agents, assigns, heirs and successors.
(D) Plan and occupancy approval. All plans, specifications, blueprints, drawings to scale, and certificates of occupancy for new construction, additions, substantial rehabilitation, and substantial remodeling of all structures except single family dwellings shall be submitted, in writing, in triplicate, for his written approval to the Chief and shall state or show the name of the person proposing the construction, addition, rehabilitation or remodeling, the parcel or parcels affected, the immediate geographical surroundings, property lines, adjacent streets and highways, if any, designated by name and the complete installation as proposed, including tanks and their capacity, pumps, buildings, prime and emergency power sources and all equipment.
(E) Penalty.
(1) Any person who violates, disobeys, omits, neglects, refuses or fails to comply with any of the provisions of this Code, or this chapter, or any order or directive made thereunder, or who build in violation of any detailed statement, specifications or plans submitted and approved thereunder, or who builds without a permit issued thereunder, or who builds in violation of any certificate or permit issued thereunder, or who shall fail to comply with such an order as affirmed or modified by the Fire Prevention Officer(s) or by the Chief of the Fire Department whose decision in cases of conflict shall control, shall, for each and every such violation and noncompliance, be, upon conviction, guilty of a misdemeanor and be punished by a fine not exceeding $500 and costs of prosecution.
(2) Any person who violates, disobeys, omits, neglects, refuses or fails to comply with any of the provisions of this Code or this chapter, or any order or directive made thereunder, in addition to the imposition of a fine or other penalty shall, upon a second or other subsequent conviction, be subject to imprisonment for a term not exceeding 6 months. Imprisonment for a term not exceeding 6 months may be sought as a possible penalty upon the election of the prosecuting officer; provided, however, that imprisonment for a term not exceeding 6 months can only be imposed when such is specifically stated as a possible penalty on whatever complaint, charge, notice, warrant or process is issued to the person accused.
(3) In all cases where the same offense is made punishable or is defined by difference clauses or sections of this Code, the prosecuting officer may elect under which clause or section to proceed, but not more than 1 recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(4) Each day prohibited conditions exist, or are permitted to exist, shall constitute a separate and distinct offense.
(5) The application of any penalty herein shall not be held to prevent the enforced removal of prohibited conditions and shall not otherwise limit or deny any rights or remedies the Village has as provided by law.
(F) Presumption of liability. The owner, manager and/or occupant of any premises upon which a violation of this Code or this chapter exists shall be deemed prima facie responsible for the violation so evidenced and subject to the penalties provided therefor.
(1997 Code, § 26.01) (Ord. CO-07-95, passed 10-12-1995; Am. Ord. C0-05-13, passed 4-18-2005; Am. Ord. C0-06-02, passed 2-7-2006; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021)