(A) General.
(1) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a separate meaning.
DRY CLEANER. Any person keeping or using more than 1 gallon of gasoline, naphtha, benzine or other volatile flammable liquids for the purpose of dry cleaning or spotting wearing apparel or any fabric for profit or reward.
RETAIL OUTLET. Any cleaning or spotting establishment located within the Village where dry cleaning is sold, solicited or offered for sale directly to the retail consumer.
RETAILER. Any person or member of the cleaning and spotting trade who operates or for whom there is operated a retail outlet.
SPOTTER. Any person keeping or using 2 quarts or less of gasoline, naphtha, benzine or other volatile flammable liquids for the purpose of dry cleaning or spotting wearing apparel or any fabric for profit or reward.
(2) License. It shall be unlawful for any person to engage in the business of dry cleaning or spotting, in which gasoline, naphtha, benzine or other volatile, flammable liquids are used to clean or renovate any clothing or articles of wearing apparel or any fabric of any kind, without a license for each dry cleaning or spotting establishment to be conducted by such person. The fee shall be as set forth in § 110.13.
(3) Application; investigation.
(a) A separate application for a license shall be made for each dry cleaning or spotting establishment operated by the applicant wherever located within the Village.
(b) Every application shall be approved by the Building Director and the Chief of the Fire Department as to compliance of the premises named therein with the building provisions and fire regulations of this Code, respectively, before a license shall be issued.
(c) The Building Director shall cause an investigation to be made of the premises named and described in such application for the purpose of determining whether the provisions of this Code regulating health, safety and sanitation relating to such establishment have been complied with.
(4) Transfer of license. No license granted under the provisions of this section shall be transferred to any other person, nor shall any license authorize any person other than the licensee named therein to do business or act under such license.
(5) Certificate of fitness.
(a) Before any operation shall begin under a license for the business of dry cleaning, the licensee shall file with the Chief of the Fire Department, in writing, the name of the person designated by them to have charge of the room, the equipment, the flammable liquids and their handling and using during the conduct of such business of dry cleaning. Any such person before being permitted to exercise any of such functions shall make application in writing to the Chief of the Fire Department for a “certificate of fitness.” The Chief of the Fire Department shall examine such applicant as to their qualifications to fill such position under the conditions herein prescribed. No operation of dry cleaning or the handling of flammable liquids shall be carried on upon the premises unless there is in charge and authority upon such premises a person who shall have obtained a “certificate of fitness” as herein provided.
(b) To receive a certificate of fitness the person must:
1. Be at least 21 years of age;
2. Be able to understand and speak the English language;
3. Be of temperate habits;
4. Show by written certification that they have had 6 months or more experience in the actual work of dry cleaning and the handling of flammable liquids;
5. Be familiar with the provisions of the law and the regulations governing dry cleaning, particularly that part relating to the service to be performed by the applicant;
6. Be familiar with the risks incident to the service to be performed by them and capable of taking all necessary precautions.
(c) The annual fee for the issuance or renewal of any certificate shall be $10 and shall be paid to the Director of Finance.
(6) Sleeping or living quarters.
(a) It shall be unlawful for any person to carry on or conduct the business of dry cleaning in any building, any portion of which is used or intended to be used as a sleeping apartment or dwelling place.
(b) No person shall be permitted to sleep in any dry cleaning or drying room plant.
(7) Inspections. It shall be the duty of the Chief of the Fire Department or his authorized officers and of the Building Director to inspect each dry cleaning or spotting establishment at least once every 6 months.
(8) Other uses of premises. It shall be unlawful for any person to conduct or operate the business of dry cleaning in any building, any portion of which is used or intended to be used for other than dry cleaning or drying purposes.
(9) Vapors or odors. Vapors or odors emanating from any dry cleaning or spotting establishment shall not be permitted at any time to become a nuisance to any portion of the premises in which such establishment is located, nor to any adjoining or nearby premises.
(10) Separation of clean and soiled articles. Every person engaged in the business of dry cleaning or spotting shall provide proper facilities and equipment for the separate handling of cleaned and soiled articles, and no clean article shall be allowed to come in contact with any uncleaned or soiled article of any kind at any time.
(1997 Code, § 32.06)
(B) Self-service dry cleaners.
(1) Definition. An AUTOMATIC DRY CLEANING MACHINE, as the term is used herein, shall be construed to include and mean any device or apparatus for the cleaning of clothes or fabrics and designed to be used or operated by any person not the owner, or an employee of the owner thereof, which machine or device makes use of or contains perchlorethylene or any other chemical solvent or substance which may cause harm to human beings by reason of inhalation or contact.
(2) Compliance required. It shall be unlawful to install, operate or maintain any automatic dry cleaning machine except in compliance with the provisions of this chapter, or without complying with all of the provisions pertaining to the installation and operation of such machine herein contained; or in violation of any laws, rules or regulations of the Illinois Department of Public Health, relating thereto.
(3) License and permit.
(a) It shall be unlawful to install any automatic dry cleaning machine without first having secured a permit therefor. Applications for such permit shall contain full information as to the mechanical equipment of such machine and provisions for ventilation for both the machine and the room in which the machine will be located. The fee for such permit shall be $25 for each unit or machine.
(b) It shall be unlawful to engage in the business of maintaining any such machine for use by the public upon payment of a fee without a license therefor. The fee shall be as set forth in § 110.13.
(4) Plans. Any person establishing a dry cleaning establishment of the coin-operated self-service type shall be required to submit to the Building Director for their approval a complete set of plans and specifications of the building in which any such dry cleaning establishment is to be located and also a complete diagram of the floor plan of each room to be occupied by such dry cleaning establishment, correctly showing the arrangement or setting of all machinery and equipment to be installed therein. Each such plan shall be explicit and complete.
(5) Installation requirements.
(a) The solvent shall be stored in closed metal containers and shall be transferred to the machines from the containers in a line free of leaks.
(b) Only the front or customer side of the dry cleaning machine should be readily accessible to the customer area. The working or maintenance portion of the machines should not be accessible to the customers in the store. In the event it becomes necessary to service dry cleaners from customer area, the concentration of perchlorethylene vapors should be kept at a level of 100 ppm (parts per million) or less if customers are present.
(c) The exhaust ventilation shall be provided on a continuous basis while the store is open for business. The fan wiring shall be such that the dry cleaning equipment cannot be operated unless the fan system is in operation.
(d) Access doors to the maintenance area shall be kept locked.
(e) The cleaning equipment must be provided with an exhaust system capable of maintaining a minimum of 100 feet per minute face velocity through the loading door whenever the door is open. The duct work connections from this system must be sealed (soldered or taped) and the discharge stack extended above the roof line.
(f) As a means of preventing any leaking liquid from escaping the enclosure or room in which the dry cleaning equipment is installed, a dike of at least 2 to 12 inches in height from the floor must encase the machine area. A sump pump must be provided in the diked area for draining or otherwise removing the solvent in the event of a leak, to a tank of at least 500 gallons capacity, and the containment provided in this subsection must be able to hold a liquid volume equal to the maximum quantity of solvent contained in the system.
(g) An interlock system must be provided on the machine to prevent the loading door from being opened during the normal cycle. This system may be either electrical and/or mechanical and so connected that in the event of a power failure the door of machine remains locked.
(h) A step by step instruction list must be posted in a conspicuous location near the machine for customer use. Included should be a list of items not to be dry cleaned. At least one legible sign shall be maintained in a place available to customers giving the name, address and phone number of the owner of the establishment and of the service department or agency responsible for the proper maintenance of the machines.
(i) The machine design must be such that in the normal course of operation, no odor of solvent or solvent vapor is retained in the cleaned items upon completion of the dry cleaning cycle.
(j) The machines must be inspected daily and kept in good repair. All maintenance personnel must be familiar with necessary machine repairs and instructed as to proper methods for handling perchlorethylene.
(k) Solvent control is to be such that under normal operation and use conditions prevailing solvent concentrations in the customer area will not exceed 100 ppm (part per million).
(l) All refuse from the filtered solvent must be stored in metal containers with fitted lids to prevent the escape of vapors.
(6) Ventilation. A supply of make-up air equal to or greater than the total volume of air exhausted from the plant must be provided in order to eliminate any negative pressure conditions which might otherwise develop.
(7) Location of exhaust ventilation stacks. Exhaust ventilation stacks from dry cleaning machines should not be located in proximity of less than 15 feet to combustion air intakes on gas fired equipment. Exhaust ventilation stacks shall be located at least 15 feet from any entrance or exit to or from the premises.
(8) Air intakes. The sales area from which the customers have access to the machines shall be ventilated so that there shall be a flow of air of 2 cf/m (cubic feet per minute) for each square foot of sales area. The sales area shall have 2 air intakes, 1 of which may be located to allow one-half of the air intake to be drawn through the partition either over or under the machines.
(9) Inspections. It shall be the duty of the Building Director to cause such inspections to be made as are necessary to see to the enforcement of the provisions of this section.
(10) Attendant.
(a) There shall be present in every self-service, coin-operated establishment for dry cleaning an attendant during all operational hours of the establishment.
(b) No person shall act as an attendant in any such dry cleaning establishment unless he shall be the holder of a current certificate of fitness, issued by the Village Manager. Before the issuance of any such certificate, the Village Manager shall examine the applicant as to their qualifications to fill such position. To receive a certificate of fitness the applicant must:
1. Be a citizen of the United States;
2. Be at least 21 years of age;
3. Be able to understand and to speak the English language;
4. Be of good moral character;
5. Be familiar with the provisions of the law and the regulations governing dry cleaning establishments, particularly those relating to the service to be performed by the applicant; and
6. Be familiar with the risks incident to the service to be performed by them and be capable of taking necessary precautions.
(c) The annual fee for the issuance or renewal of any such certificate shall be $5 and shall be paid to the Director of Finance.
(11) Hours of operation. No self-service, coin-operated establishment for dry cleaning shall be open or be operated between the hours of 11:30 p.m. and 6:30 a.m.
(1997 Code, § 32.07) (Ord. 61-9, passed 12-14- 1961; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021)