(A) Enforcement Officer. It shall be the duty and responsibility of the employee designated by the appointing authority of the jurisdiction, or the duly authorized representative, to enforce the provisions of the Fire Prevention Code as herein set forth. The designated Enforcement Officer of this subchapter is herein referred to as the Code Official.
(B) Inspections. The Code Official shall inspect all structures and premises except single-family dwellings, and dwelling units in two-family and multifamily dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with firefighting operations, endanger life, or any violations of the provisions or intent of this subchapter, or any other ordinance affecting fire safety.
(C) Coordinated inspections. Whenever in the enforcement of the Fire Prevention Code or another code or ordinance, the responsibility of more than one official, either of this jurisdiction or some other jurisdiction, i.e., State Fire Marshal, is involved, it shall be their duty to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance, or code of the jurisdiction, not within the inspector’s authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.
(D) Right of entry. Whenever necessary for the purpose of enforcing the provisions of this subchapter, or whenever the Code Official has reasonable cause to believe that there exists in any structure or upon any premises, any condition which makes such structure or premises unsafe, the Code Official shall be permitted to enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Code Official by this subchapter; provided that if such structure or premises be occupied, the Code Official shall first present proper credentials and request entry. If such entry is refused, the Code Official shall have recourse to every remedy provided by law to secure entry.
(E) Investigation of fires. The Code Official shall investigate, or cause to be investigated, every fire or explosion occurring within the jurisdiction that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such an occurrence is of a suspicious nature, the Code Official shall take charge immediately of the physical evidence, and in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, take means to prevent access by any person or persons to such buildings, structure, or premises until such evidence has been properly processed. The Code Official shall notify such persons designated by law to pursue investigations into such matters and shall further cooperate with such authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion.
(F) Fire records. The Code Official shall keep a record of all fires and all facts concerning the same, including investigation findings and statistics and information as to the cause, origin, and the extent of such fires and the damage caused thereby.
(G) Administrative liability. The Code Official, officer, or employee charged with the enforcement of this subchapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed in the lawful discharge of duties and under the provisions of this subchapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinates of the Code Official shall not be liable for costs in any action, suit, or proceeding that is instituted in pursuance of the provisions of this subchapter; and any official, officer, or employee, 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 the official duties in connection therewith.
(H) Jurisdictional liability. The jurisdiction shall not be liable under this subchapter for any damage to persons or property, by reason of the inspection or reinspection of buildings, structures, or equipment authorized herein, or failure to inspect or reinspect such buildings, structures, or equipment or by reason of the approval or disapproval of any building, structure, or equipment authorized herein.
(I) Rules and regulations. The Code Official shall have authority as necessary in the interest of public safety, health, and general welfare to promulgate rules and regulations, to interpret and implement the provisions of this subchapter, to secure the intent thereof, and to designate requirements applicable because of climatic or other conditions. Such rules shall not have the effect of waiving any fire safety requirements specifically provided in this subchapter, or violating accepted engineering practice involving public safety.
(J) Notice. It shall be unlawful to: engage in any business activity involving the handling, storage, or use of hazardous substances, materials, or devices; maintain, store, or handle materials; conduct processes which produce conditions hazardous to life or property; install equipment used in connection with such activities; or establish a place of assembly without first notifying the Code Official.
(K) Sale of fireworks. It shall be unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, or sell any fireworks, as that term is defined at 425 ILCS 35/1, within the village.
(L) Possession or use of fireworks. It shall be unlawful for any person, firm, copartnership, or corporation to knowingly possess, use, or explode any fireworks, as that term is defined at 425 ILCS 35/1, within the village, unless that person, firm, copartnership, or corporation has a permit issued pursuant to § 91.18.
(Ord. 672, passed 11-2-1989; Ord. 770, passed 6-5-1997) Penalty, see § 91.99