ORDINANCE NO. MC-8-2014
AN ORDINANCE
AMENDING CHAPTER 15.16 OF TITLE 15 OF THE WINNETKA VILLAGE CODE UPDATING THE FIRE PREVENTION AND LIFE SAFETY CODES
   WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and has the authority to exercise any power and perform any function pertaining to its government and affairs; and
   WHEREAS, Chapter 8.08, titled "Fire Safety Code," of Title 8, titled "Health and Safety," of the Winnetka Village Code, as amended ( "Village Code" ), sets forth certain regulations regarding fire safety ( "Fire Safety Code" ); and
   WHEREAS, Chapter 15.16, titled "Fire Prevention and Life Safety Codes," of Title 15, titled "Buildings and Construction," of the Village Code adopts by reference and amends: (i) the 2009 edition of the International Fire Code, published by the International Code Council ( "Fire Code" ); and (ii) the 2009 edition of the NFPA 101 Life Safety Code, published by the National Fire Protection Association ( "Life Safety Code" ); and
   WHEREAS, the Village desires to amend the Fire Safety Code, the Fire Code, and the Life Safety Code to update and clarify: (i) the Fire Safety Code and Fire Code regulations applicable to outdoor fires, outdoor fireplaces, outdoor pizza ovens, and fire pits; and (ii) the applicability of the Life Safety Code (collectively, the "Amendments" ); and
   WHEREAS, the Village Council has determined that adopting the Amendments as set forth in this Ordinance is in the best interests of the Village;
   NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Winnetka as follows:
   SECTION 1:   RECITALS. The foregoing recitals are hereby incorporated as the findings of the Council of the Village of Winnetka, as if fully set forth in this Section.
   SECTION 2:   REPEALER. Section 8.08.030, titled "Outdoor fires; outdoor fireplaces, grills and barbecue pits," of Chapter 8.08, titled "Fire Safety Code," of Title 8, titled "Health and Safety," of the Village Code is hereby repealed in its entirety and reserved for future use.
   SECTION 3:   AMENDMENTS TO THE INTERNATIONAL FIRE CODE, 2009 EDITION. Section 15.16.020, titled "Amendments to the International Fire Code, 2009 Edition," of Chapter 15.16, titled "Fire Prevention and Life Safety Codes," of Title 15, titled "Buildings and Construction," of the Village Code is hereby amended to read as follows:
"Section 15.16.020   Amendments to the International Fire Code, 2009 Edition.
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B.   Amendments. The following provisions of the International Fire Code, 2009 Edition are amended for adoption by the Village:
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3.   307.4.3   Outdoor fires; outdoor fireplaces; ills outdoor pizza ovens and fire pits.
a.   Outdoor fires in general. All outdoor fires, recreational or otherwise, shall be subject to the following requirements:
i)   All outdoor fires shall be under continuous competent supervision.
ii)    No outdoor fire, including but not limited to, fires in outdoor fireplaces, grills  outdoor pizza ovens , fire pits and similar devices, shall be used in such a manner or location that it causes any building fire alarm to activate or that it otherwise creates a hazardous or objectionable condition.
iii)   All outdoor pizza ovens must be equipped with a chimney with a spark arrestor installed in good working condition.
b.   Outdoor fireplaces, grills  outdoor pizza ovens and fire pits. All portable outdoor fireplaces, grills  outdoor pizza ovens , fire pits and similar devices, and all such devices that are permanently installed, shall be located and operated at least fifteen (15) feet from any building, fence or property line. Notwithstanding the foregoing, the operation of a permanent outdoor fireplace, grill  outdoor pizza oven , fire pit or similar device that was lawfully installed before July 17, 2012, shall be permitted, provided that such operation complies with the above Section 307.4.3.a.
c. Authority to extinguish. The code official is authorized to order the extinguishment of any outdoor fire that is not in compliance with this code or that otherwise creates a hazardous or objectionable condition.
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   SECTION 4:   AMENDMENTS TO THE NFPA 101 LIFE SAFETY CODE, 2009 EDITION. Section 15.16.030, titled "Amendments to the NFPA 101 Life Safety Code, 2009 Edition," of Chapter 15.16, titled "Fire Prevention and Life Safety Codes," of Title 15, titled "Buildings and Construction," of the Village Code is hereby amended to read as follows:
"Section 15.16.030   Amendments to the NFPA 101 Life Safety Code, 2009 Edition.
A.   Amendments. The following provisions of the NFPA 101 Life Safety Code, 2009 Edition are amended for adoption by the Village.
1.   1.1.1   Title. The NFPA 101 Life Safety Code, 2009 Edition, shall be known as the Life Safety Code of the Village of Winnetka.
2.   1.3   Application.
   1.3.1 Building alterations or construction. All additions and alterations to existing buildings, and all construction of new buildings, shall comply with the provisions of the Life Safety Code.
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SECTION 5:   HOME RULE POWER. This Ordinance is passed by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.
SECTION 6:   SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance.
SECTION 7:   EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage, approval, and publication as provided by law.
PASSED this 21 st day of October, 2014, pursuant to the following roll call vote: 
AYES:    Trustees Braun, Kates and Prodromos   
NAYS:    None   
ABSENT:    Trustees Fessler, Krucks and McCrary   
APPROVED this 21 st day of October, 2014.
   Signed:
   s/E. Gene Greable   
   Village President
Countersigned:
s/Robert M. Bahan
Village Clerk
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 22nd day of October, 2014.
Introduced: October 7, 2014
Passed and Approved: October 21, 2014