The Moline Fire Code adopted in this article by reference is specifically amended as follows:
(a) 101.1 Title.
Insert “the City of Moline” for [NAME OF JURISDICTION].
(b) 103.4 Liability.
Replace entire section with:
“103.4 Liability. Subject to Sec. 2-1109, “INDEMNIFICATION,” of the Moline Code of Ordinances, the code official or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.”
(c) 103.4.1 Legal defense.
Replace entire section with:
“103.4.1 Legal Defense. Subject to Sec. 2-1109, “INDEMNIFICATION,” of the Moline Code of Ordinances, any suit instituted against any official or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.”
(d) 105.3 Conditions of a permit.
Add one new subsection:
“105.3.9 Mandatory licensing required. All contractors performing installation, service or maintenance on fire protection systems, including but not limited to, fire extinguishers, fire alarm systems, sprinkler systems, commercial kitchen extinguishing systems or any other automatic extinguishing systems, shall be licensed by the office of the Illinois State Fire Marshal and/or any other State regulatory agency as applicable. Documentation of mandatory State licensing shall be available to the fire code official at all times and submitted with any permit or license application.”
(e) 105.6.30 Open burning. Delete entire section.
(f) 107 Maintenance.
1. 107.2.1 Test and inspection records.
Delete subsection 107.2.1 and replace with:
"107.2.1 Test and inspection records. Required test and inspection records for Fire Protection and Life Safety Systems shall be maintained by the system owner and made available to the fire code official at all times and the system owner and/or any contractor performing inspection, testing and/or maintenance services shall file the inspection records for all Fire Protection and Life Safety Systems with the fire code official in an approved digital format within a reasonable time after the inspection is performed, not to exceed forty-five (45) days. For purposes of this Chapter, “Fire Protection and Life Safety Systems” shall have the same meaning as given by the National Fire Protection Association.
107.2.1.1 Critical deficiencies. In circumstances where a fire sprinkler system, commercial kitchen extinguishing system, or fire alarm system is found to be inoperable, be out of service, have a critical deficiency which creates a risk to life or property, or otherwise incapable of performing its intended purpose, the contractor performing the inspection shall immediately report said deficiency to the fire code official.
107.2.1.2 Penalty. Any person violating Section 107.2.1.1, as a first offense, shall be subject to a citation, which citation shall be paid at the City of Moline accounts and finance office in the amount of one hundred fifty dollars ($150.00), or if paid within seven (7) calendar days, seventy five dollars ($75.00). Any person violating Section 107.2.1.1, as a second or subsequent offense, shall be subject to a citation, which citation shall be paid at the City of Moline accounts and finance office in the amount of three hundred dollars ($300.00), or if paid within seven (7) calendar days, one hundred fifty dollars ($150.00). Any person who fails to make payment as outlined above within thirty (30) days shall thereafter be subject to an action in Circuit Court which may be commenced in accordance with the requirements of the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., and any person found to have violated Section 107.2.1.1 shall be subject to a fine of not less than one hundred dollars ($100.00) plus court costs, nor more than seven hundred fifty dollars ($750.00) plus court costs, plus reimbursement to the City for the costs the City incurred in serving the person with process. Each day during which or on which any person violates Section 107.2.1.1 shall be deemed a separate offense.
2. Add one new subsection 107.2.2.1 Reinspection fee:
"107.2.2.1 Reinspection fee. If the work or installation requires reinspection and testing by the fire code official, the system owner shall pay the City a flat reinspection fee of seventy-five dollars ($75.00) for each subsequent reinspection."
3. Add one new subsection 107.2.3 Mandatory licensing required:
“107.2.3 Mandatory licensing required. All contractors performing installation, service or maintenance on fire protection systems, including but not limited to, fire extinguishers, fire alarm systems, sprinkler systems, commercial kitchen extinguishing systems or any other automatic extinguishing systems, shall be licensed by the office of the Illinois State Fire Marshal and/or any other State regulatory agency as applicable. Documentation of mandatory State licensing shall be available to the fire code official at all times and submitted with any permit or license application.”
4. Add one new subsection 107.6 Citations:
“107.6 Citations. Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on premises under said person's control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the fire code official or duly authorized representative thereof shall be guilty of an offense.”
(g) 108.1 Board of Appeals.
Replace entire section with:
“108.1 Board of Appeals.
a. Except as to citations or notices of violations issued by the fire code official, any person aggrieved by an order or decision of the fire code official or other duly authorized person acting pursuant to the Moline Fire Code may appeal said decision or order to the Board of Appeals as defined herein by giving written notice of appeal to the fire marshal within five (5) days of receipt of said order or decision. The Board of Appeals, upon hearing, may sustain, modify, or revoke the order or decision from which appeal was taken and may interpret the provisions of the Moline Fire Code, if required. The Board's decision shall be in writing and a copy thereof shall be provided to the city clerk, the fire code official, and all interested parties having filed an appearance before the Board. Examples of such orders or decisions of the fire code official that may be appealed to the Board of Appeals include, but are not limited to, disapprovals of applications, refusals to grant licenses or permits, or disapproval of plan review.
b. Any decision and order of the committee shall be final and binding, and any person aggrieved thereby may pursue said remedies provided by law or equity to have said decision reviewed. However, no decision may be reviewed unless notice of review is filed with the city clerk within ten (10) days after receipt of said decision or order, and any action of review is commenced within thirty-five (35) days from the date that a copy of the decision sought to be reviewed is served upon the party affected by the decision, in accordance with the Illinois Administrative Review Act.
c. No decision or order of the Board of Appeals shall be stayed by the filing of a notice of review; however, the Board of Appeals or court upon proper motion may stay the effect of any such decision or order upon a showing that the public interest will not be harmed thereby.
d. Should no notice of appeal or notice of review be filed within the time prescribed above, a person aggrieved by any decision or order shall be deemed to have waived any rights to have the decision or order reviewed; and such decision or order may not be collaterally attacked in an action to enforce said decision or order.”
(h) 109.3.3 Prosecution of violations.
Delete entire section and replace with:
“109.3.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel for the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. Proceedings taken by the jurisdiction may be in accordance with the Municipal Code Enforcement System (MUNICES) as set forth in Chapter 2 of the Moline Code of Ordinances, as well as in the Circuit Court.”
(i) 109.3.5 Reinspection fees.
Add one new subsection 109.3.5 Reinspection fees.
“109.3.5 Reinspection fees. If a reinspection is needed, there will not be a fee for the first compliance reinspection. However, if additional compliance reinspections are required, a reinspection fee of fifty dollars ($50.00) per visit will be billed to the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.”
(j) 109.4 Violation Penalties.
Replace section with:
“109.4 Violation penalties. Any person violating any provision of the Moline Fire Code or any order issued thereunder shall be guilty of an offense subject to and punishable by the penalty provisions of Sec. 11-1104, “Penalty” below.”
(k) 111.4 Failure to comply.
Replace entire section with:
“111.4 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 fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00).”
(l) 201.3 Terms defined in other codes.
Replace entire section with:
“201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fuel Gas Code, International Mechanical Code or the Moline Plumbing Code, as amended, such terms shall have the meanings ascribed to them in such codes. All references to the International Plumbing Code in this and all other adopted supporting codes are to be interpreted as meaning the Moline Plumbing Code, as amended, unless explicitly stated otherwise.”
(m) 202 General Definitions.
1. Add in alphabetical order:
“BOARD OF APPEALS shall be known as the Moline Building Board of Appeals.”
“CODE OFFICIAL shall be known as the fire chief, or a duly authorized representative of the fire department, or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the code, or a duly authorized representative.”
“DEPUTY CODE OFFICIAL shall be known as the fire marshal.”
2. Amend as follows:
“FIRE WATCH is a temporary measure intended to ensure continuous and systematic surveillance of properties or a portion or portions thereof by one or more qualified individuals for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Individual qualifications shall be commensurate with the level or degree of risk or hazard, the difficulty of detection or extinguishment, and the number and types of persons and properties or portions thereof to be protected by the fire watch, as determined by the fire code official. Examples of fire watch personnel include civilian employees of the property to be protected, a third party contractor, or fire fighters.”
“FIREWORKS are any combustible or explosive composition of any substance or combination of substances or device prepared for the purpose of producing a visible or an audible effect by combination, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, sky lanterns, torpedoes, sky-rockets, Roman candles, dago bombs, or other devices of like construction and any devices containing an explosive substance, except that the term "fireworks" shall not include any auto flares; paper caps containing not in excess of an average of twenty-five-hundredths of a grain of explosive content per cap; and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times, and sparklers.”
(n) 307 Open burning, recreational fires and portable outdoor fireplaces.
Replace entire section with:
“307 Open burning, recreational fires and portable outdoor fireplaces.
307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with the following sections.
307.2 Prohibited open burning. At the discretion of the fire code official, open burning shall be prohibited when atmospheric conditions or local circumstances, such as extended drought conditions, make such fires hazardous.
307.2.1 Leaves and landscape waste. The burning of leaves and lawn and landscape waste, including, without limitation, shrubs, bushes and brush, is expressly prohibited within the jurisdiction of the City of Moline.
307.2.2 Other waste. The burning of waste matter other than leaves and lawn and landscape waste shall be prohibited.
Exceptions:
1. The provisions of Section 307 shall not apply to an entity which holds a valid State of Illinois or Federal EPA permit to burn materials within the City of Moline for the express purpose of the training of municipal employees in the areas of fire fighting and public safety, or for the production of energy.
2. The provisions of Section 307 shall not apply to the fire department insofar as limited, controlled, open burning is allowed for the training of municipal employees or civilians and for demonstration or educational purposes. Examples of training, demonstration or educational purposes include but are not limited to the training of employees in the use of portable fire extinguishers or live sprinkler system demonstrations. Open burning for the purposes of training, education or demonstrations by any person or entity other than the fire department shall require the express consent of the fire code official or his designee who may institute specific requirements or restrictions at his discretion.
307.3 Recreational fires. Recreational fires are allowed, but safety precautions as herein set forth shall apply. Recreational fires shall be made of dry logs or wood only, excluding building material. Wood or logs shall not exceed twelve (12) inches in diameter. Fires shall not exceed five (5) feet in diameter and shall be no more than three (3) feet in height. Recreational fires shall be allowed between the hours of 12:00 noon and 12:00 midnight. All recreational fires shall be fully and properly extinguished no later than 12:00 midnight.
307.3.1 Location. No person shall kindle or maintain any recreational fire within twenty-five (25) feet of any structure, combustibles, or adjoining property. Adequate provisions shall be made to prevent the spread of fire.
Exception: Recreational fires that are adequately and fully confined within an approved brick or metal container or below-grade fire pit and located not less than fifteen (15) feet from any structure, combustibles, or adjoining property.
307.4 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall comply with all other requirements for recreational fires set forth in Section 307.
Exception: Portable outdoor fireplaces used at one and two family dwellings shall be exempt from the recreational fire location requirements set forth in Section 307.3.1.
307.5 Extinguishment authority. The fire code official or his designee may order the immediate suspension of any burning which may be permitted, when due to atmospheric or other objectionable conditions, such burning contributes substantially to a hazard to the health and welfare of the public and/or to a fire hazard and suspension and extinguishment is reasonably necessary for the protection of persons or property. The fire code official or his designee is authorized to order any such fire be extinguished by the responsible party or by the fire department.
307.6 Attendance. Recreational fires and portable outdoor fireplaces shall be constantly attended by a responsible person capable of appropriately responding to an emergency and extinguishing the fire, until the fire is fully and properly extinguished. A minimum of one (1) portable fire extinguisher complying with Section 906 with a minimum 4A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, pressurized water can, water barrel, garden hose, or water truck shall be made available for immediate utilization.
307.7 Violation penalties. Any person violating any provision of the Moline Fire Code or any order issued hereunder shall be guilty of an offense subject to and punishable by the penalty provisions of Sec. 11-1104, “Penalty,” below.”
(o) Section 308 Open Flame(s).
Add one new subsection 308.1.6.3 Portable heating appliances:
“308.1.6.3 Portable heating appliances. The use of listed portable unvented fuel burning heating appliances, when approved by the fire code official or his designee, shall be limited to use in a structure during the construction process when such use is necessary for construction and the use does not represent a hazard to life or property.”
(p) 403.1.2 Fees.
Add new subsection:
“403.1.2 Fees. When required by the fire code official under the provisions of Sections 403, 3304.5, 107.2, 901.7, or any other section of this Code, to provide firefighters as qualified fire watch personnel or standby personnel, the hourly rate shall be seventy-five dollars ($75.00) per firefighter per hour. The number of hours required shall be calculated by the fire code official and will reflect, as accurately as can be reasonably foreseen, the number of personnel hours incurred by the City."
(q) 603.4 Portable unvented heaters.
Delete “Exceptions” and replace with:
“Exception: Listed and approved unvented fuel-fired heaters in one- and two-family dwellings: when approved by the fire code official or his designee, use of listed portable unvented fuel burning heating appliances shall be limited solely to use in a structure during the construction process when such use is necessary for construction and the use does not represent a hazard to life or property.”
(r) 901.2 Construction documents.
Add the following to the end of the paragraph: “and shall have the stamp of the registered design professional affixed prior to submission.”
(s) 901.2.1 Statement of compliance.
Delete: “where required by the fire code official”.
(t) 901.4 Installation.
1. Add one new subsection to subsection 901.4.1 “Required fire protection systems”:
“901.4.1.1 Mandatory licensing required. All contractors performing installation, service or maintenance on fire protection systems, including but not limited to, fire extinguishers, fire alarm systems, sprinkler systems, commercial kitchen extinguishing systems or any other automatic extinguishing systems, shall be licensed by the Office of the Illinois State Fire Marshal and/or any other State regulatory agency as applicable. Documentation of mandatory State licensing shall be available to the fire code official at all times and submitted with any permit or license application.”
2. Add new subsections:
“901.4.7 Flexible sprinkler hose fittings. Braided flexible sprinkler hose fittings shall be allowed only when approved for use by the fire code official or his designee. Flexible sprinkler hose fittings which are constructed of corrugated metal shall not be used.
901.4.7.1 Flexible sprinkler hose fittings bracing. Where braided flexible sprinkler hose fittings are an approved component of the system design and supported by suspended ceilings, the requirements of NFPA 13, 2013 Edition, Section 9.2.1.3.3 through 9.2.1.3.3.4 and all applicable appendices shall be applied to the installation. Where flexible sprinkler hose fittings are used to connect sprinklers to branch lines in suspended ceilings, an approved label limiting relocation of the sprinkler shall be provided on the anchoring component.
901.4.7.2 Flexible sprinkler hose fittings limitations. All products, devices, assemblies and materials shall be utilized in complete accord with all conditions, requirements, compatibility, and limitations of their listings. Documentation regarding the listed use of the flexible sprinkler hose fittings, bracing systems, and suspended ceiling assemblies shall be submitted as part of any permit application.”
(u) 901.6.2 Records.
Delete “upon request” and replace with “as required by Section 107.2.1, as amended by this ordinance.”
(v) 903.2.11 Specific buildings areas and hazards.
Change: “In all occupancies other than Group U, an automatic sprinkler system shall be installed …”
to: “In all occupancies other than Groups R-3 and U, an automatic sprinkler system shall be installed …”
(w) 907.8.5 Maintenance, inspection and testing.
Delete last sentence and replace with:
“Required test and inspection records shall be maintained by the system owner and made available to the fire code official at all times, and inspection records for fire sprinkler systems, commercial kitchen extinguishing systems, and fire alarm systems shall be filed with the fire code official in an approved digital format within a reasonable time after the inspection is performed, not to exceed forty-five (45) days. In circumstances where a sprinkler system, commercial kitchen extinguishing system, or fire alarm system is found to be inoperable, out of service, having a critical deficiency which creates a risk to life or property, or otherwise incapable of performing the intended purpose, the contractor performing the inspection shall immediately report said deficiency to the fire code official.”
(x) 5601.1.3 Fireworks.
Replace entire section with:
“5601.1.3 Fireworks – Unlawful Possession.
Fireworks are defined in Sec. 11-1101(m), “202 General Definitions,” above. Pursuant to said definition, any person who unlawfully possesses, manufactures, stores, sells, handles or uses any such substance(s) or device(s) within the City in contradiction thereof shall be guilty of an offense subject to the penalty provisions of Sec. 11-1104, “Penalty,” below.”
(y) 5602.1 Definitions.
1. Change: “5602.1 Definitions. The following terms are defined in Chapter 2:”
to: “5602.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein.”
2. Change the “FIREWORKS” definition to:
“FIREWORKS shall be as defined in Section 11-1101(m), “202 General Definitions,” above.”
(z) 1104.5 Illumination emergency power.
Replace entire section with:
“1104.5 Illumination emergency power. The power supply for means of egress illumination shall normally be provided by the premises’ electrical supply. In the event of power supply failure, illumination shall be automatically provided from an emergency system in occupancies with two (2) or more means of egress.”
(aa) 5704.2.12.3 Periodic testing.
Add one new section:
“5704.2.12.3 Periodic testing. In addition to the testing required by the above subsections, all underground storage tanks and piping are subject to the following:
1. All underground storage tanks must conform to 40 CFR Parts 280 and 281 Underground Storage Tanks; Technical Requirements and State Program Approval, Final Rules as published in the Federal Register, Friday, September 23, 1988, and 40 CFR Parts 280 and 281, Underground Storage Tanks Containing Petroleum - Financial Responsibility Requirements and State Program Approved Objective; Final Rule as published in the Federal Register, Wednesday, October 26, 1988, which documents are hereby adopted by the reference thereto, and which documents shall be on file in the city clerk’s office for public inspection for at least thirty (30) days prior to adoption hereof.
2. Any and all reports required by the United States Environmental Protection Agency, the Illinois Environmental Protection Agency, or any other state regulatory body concerned with underground storage tanks will also be sent to the Moline Fire Department within five (5) days of filing with the appropriate regulatory agency.”
(bb) Chapter 80 Referenced Standards.
Delete the following NFPA standards shown in Column 1 below and replace them with those shown in Column 2 below:
Column 1 (Delete) | Column 2 (Replace with) |
Column 1 (Delete) | Column 2 (Replace with) |
13-10 | 13-13 |
13D-10 | 13D-13 |
13R-10 | 13R-13 |
20-10 | 20-13 |
24-10 | 24-13 |
25-11 | 25-14 |
51-07 | 51-13 |
55-10 | 55-13 |
59A-09 | 59A-13 |
61-08 | 61-13 |
72-10 | 72-13 |
80-10 | 80-13 |
101-12 | 101-2000 |
105-10 | 105-13 |
110-10 | 110-13 |
111-10 | 111-13 |
170-09 | 170-12 |
204-07 | 204-12 |
318-09 | 318-12 |
385-07 | 385-12 |
654-06 | 654-13 |
720-09 | 720-12 |
790-04 | 790-12 |
1122-08 | 1122-13 |
1124-06 | 1124-13 |
1127-08 | 1127-13 |
All other referenced standards contained in Chapter 80 shall apply.
((Ord. No. 3004-2021; Sec. 11-1101(f) amended; 04/13/21; Ord. No. 3027-2022; Sec. 11-1101(f), (p) amended; 9/20/22)