For the purposes of this chapter, the definitions contained in the Fireworks Regulation Act (425 ILCS 30/1 et seq.), the Fireworks Use Act (425 ILCS 35/1 et seq.) and the Pyrotechnic and Consumer Display Permitting Rules (41 Ill. Adm. Code 235.10 et seq.) shall apply unless the context otherwise requires. (Ord. 06-06-20-01, passed 6-20-06)

(A) It shall be unlawful for any person to violate any provision of the Fireworks Regulation Act, the Fireworks Use Act or any rule or regulation promulgated by the State Fire Marshal pursuant to said acts. Except as hereinafter provided, it shall be unlawful for any person, firm, co-partnership or corporation to knowingly possess, offer for sale, expose for sale, sell at retail or use or explode any display fireworks, flame effects or consumer fireworks.
(B) Nothing in this chapter shall be construed as prohibiting the manufacture, storage or use of signals or fuses necessary for the safe operation of railroads, trucks, aircraft or other instrumentalities of transportation. (Ord. 06-06-20-01, passed 6-20-06)

(A) Pyrotechnic displays shall only be conducted pursuant to a permit obtained from the city.
(B) All pyrotechnic displays require the services of a licensed lead pyrotechnic operator and a licensed pyrotechnic distributor. A licensed lead pyrotechnic operator shall be present during any pyrotechnic display and shall personally supervise all assistants, including all phases of the pyrotechnic display. The lead pyrotechnic operator must be in possession of and able to produce his or her license upon request at all times during the delivery, set-up and performance of the display.
(C) All 1.3G fireworks displays and storage shall be conducted in accordance with National Fire Protection Association 1123 (2000), Code for Fireworks Display. Storage of display fireworks (1.3G and above) shall comply with the storage requirements set forth by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives at 27 C.F.R. 555.1 et seq., or by the Illinois Department of Natural Resources pursuant to Article 3 of the Illinois Explosive Act, 225 ILCS 210. Should there be a conflict between the requirements established by the Bureau of Alcohol, Tobacco, Firearms and Explosives and by the Illinois Department of Natural Resources, those requirements that are more specific, more stringent or impose requirements for which no like requirements are contained in the other agency’s requirements shall control.
(D) No pyrotechnic displays shall be conducted within 600 feet of any hospital, asylum or infirmary.
(E) Pyrotechnic displays shall not be conducted indoors. (Ord. 06-06-20-01, passed 6-20-06)

(A) Each applicant for a pyrotechnic display permit shall submit a completed application form and such information as required by the city clerk at least 15 days in advance of the date of the pyrotechnic display. The application shall contain the following information:
(1) The name and address of the applicant;
(2) The date, location and beginning and ending times of the proposed display;
(3) The name and address of the lead pyrotechnic operator, along with proof that said operator possesses a valid license from the state of Illinois;
(4) The names and addresses of all assistants to the lead pyrotechnic operator, along with proof that said persons are at least 18 years of age;
(5) The name and address of the pyrotechnic distributor, along with proof that said distributor possesses a valid license from the state of Illinois;
(6) Proof of liability insurance in a sum not less than $1,000,000. Such insurance shall be carried with an insurer authorized to do business in the state of Illinois and insure the applicant against liabilities, judgments, costs, damages and expenses that may accrue against, be charged to or be recovered from the applicant on the reason of damage to property or injury to or death of any person arising from the pyrotechnic display or flame effect display. Such insurance coverage shall be an occurrence based policy, and it shall cover all periods of time when pyrotechnic materials, including flame effect materials, are in the insured’s actual or constructive possession, including those times when the materials are being stored, transported, handled, used, discharged and displayed.
(B) No permit shall be issued unless the chief of the Wilmington Fire Protection District, or his or her designee, has inspected the site and determined that the display can be performed in full compliance with the rules adopted by the State Fire Marshal and that the display shall not be hazardous to property or endanger any person or persons. Permits must be signed by the chief of the Wilmington Fire Protection District, or his or her designee.
(C) After a permit has been granted, sales, possession, use and distribution of display fireworks for the display shall be lawful for that purpose only.
(D) No permit granted hereunder shall be transferable. (Ord. 06-06-20-01, passed 6-20-06)

(A) Permit holders shall notify the city within 24 hours after any fire, injury to any person resulting from the display or damage to property in excess of $500, in the aggregate, resulting from the display. The city shall notify the State Fire Marshal by telephone or in writing within 3 days after learning of incident.
(B) Licensed pyrotechnic distributors and licensed lead pyrotechnic operators shall report the theft or loss of fireworks to the city police department in accordance with Section 230.180 of the Pyrotechnic Distributor and Operator Licensing Rules (41 Ill. Adm. Code 230.180), the Illinois Department of Natural Resources and the Bureau of Alcohol, Tobacco, Firearms and Explosives. (Ord. 06-06-20-01, passed 6-20-06)

The city shall maintain a copy of each display permit issued for a minimum of 4 years from the date of the display. Any reports of fire, injury, property damage, theft or loss of fireworks that are submitted to the city shall be maintained with the copy of the display permit. (Ord. 06-06-20-01, passed 6-20-06)

(A) No person, firm or corporation shall sell or offer for sale, or keep for the purpose of so doing or for any other purpose or use, any fireworks without having secured a license therefor. Applications for licenses shall be made to the city clerk. The fee for the license shall be $200 for each season.
(B) Fireworks shall not be stored or kept for sale in a store:
(1) Where paints, oils or varnishes are manufactured or kept for use or sale unless such paints, oils or varnishes are in original unbroken containers.
(2) Where rosin, turpentine, gasoline or inflammable substance or substances which may generate vapors are used, stored or offered for sale.
(3) Where there are not 2 approved chemical fire extinguishers or 6 pails of water readily available and equipped for use in extinguishing fires.
(4) Which is within 100 feet of a filling station, school or other place where fireworks or explosives are stored.
(C) Displays; signs.
(1) All dealers are forbidden to expose fireworks in windows where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package.
(2) All fireworks kept for sale on front counters must remain in original packages; provided, however, that fireworks in open stock may be kept in showcases or in counters out of reach of the public.
(3) No smoking shall be allowed in a store where fireworks are offered for sale. Over each entrance to such a store, a sign in large letters shall be displayed, reading: “FIREWORKS FOR SALE—NO SMOKING ALLOWED.”
(4) Fireworks to be sold at wholesale shall be kept in a room set aside for the storage of fireworks only. Over each entrance to this room shall be displayed a sign in conspicuous type: “CAUTION—FIREWORKS—NO SMOKING.” No person shall be permitted to be in this room while carrying matches or a lighted cigar, cigarette or pipe.
(D) The storage and wholesaling of Class “C” fireworks shall comply with the rules and regulations set forth in 41 Ill. Adm. Code 105.20.
(E) No fireworks shall be sold to a minor or person under the age of 18 years. No fireworks shall be sold or stored more than 5 days before or one day after the Fourth of July. (Ord. 06-06-20-01, passed 6-20-06)

(A) All explosives must be kept or stored in accordance with the rules enforced by the State Fire Marshal.
(B) No person shall keep or store any nitroglycerine or the explosive commonly known as T.N.T. in the city in any quantities excepting for medicinal or laboratory purposes and for such purposes no more than one pound shall be stored in any one building or premises. (Ord. 06-06-20-01, passed 6-20-06)

The owner, agent, occupant, or person charged with the custody of any public building, auditorium, hotel, theatre, lodge hall, or church, and in the case of schools, the president of the Board of Education, shall be held liable for the equipment and maintenance of such equipment as required in Sections 93.05 through 93.11 for the maintenance and safety of all exits, stairs, doors, windows, or passageways. (‘69 Code, § 93.025) Penalty, see Section 93.99

It shall be the duty of the certified fire inspector of the fire protection district or his duly appointed assistants to approve and inspect all apparatus to be installed and its location. It shall be the duty of the chief of the fire department to cause periodic inspection to be made concerning the operation and accessibility to all main and emergency exits in all public auditoriums, schools, lodge halls, and theatres. (‘69 Code, § 93.030; Am. Ord. 1627, passed 4-20-04) Penalty, see Section 93.99

Cross-reference: Fire department, see Ch. 33

The location and number of fire appliances shall be as determined by fire officials. All extinguishers are to be filled with pressurized water. (‘69 Code, § 93.035) Penalty, see Section 93.99

(A) It shall be the duty of the principal, or other person in charge of the pupils in every school building within the city, to establish and maintain a good and efficient fire drill which shall be practiced at least 2 times every month during the time the building is used for school purposes.
(B) A written report shall be made by the principal, or other person in charge of the pupils in each school building under the control of the Board of Education, of each fire drill held and of the time that elapsed from the first fire signal until the last person was out of the building. (‘69 Code, § 93.040) Penalty, see Section 93.99

No person shall remove any fire apparatus or appliances from its proper place except for inspection or in case of emergency. (‘69 Code, § 93.045) Penalty, see Section 93.99

All public buildings which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement, or instruction, shall be built and constructed so that all doors leading from the main hall or place where the collection of people may be assembled or from the principal room which may be used for any of the purposes aforesaid shall be swung upon their hinges and constructed so that the doors shall open outward. All means of egress for the public from the main hall or principal room and from the building shall be by means of doors which shall open outwards from the main hall. (‘69 Code, § 93.050) Penalty, see Section 93.99

In all theatres and public meeting halls a red light illuminating the word “exit” shall be kept burning over each regular and emergency exit while the theatre or hall is occupied by an audience or by patrons. (‘69 Code, § 93.055) Penalty, see Section 93.99

Cross-reference: Amusements, fire exits, see Section 113.05

(A) Any building or structure within the fire limits of the city as hereinbefore prescribed by ordinance which has or may be damaged by fire, decay, or other cause to the extent of 50% of its value shall be torn down and removed.
(B) Upon written notice by the building inspector, the health officer, or the fire marshal, the council may appoint three persons to determine whether or not the building or structure has been damaged to the extent of 50% of its value. A copy of the notice filed by the city officer, together with a notice of the appointment of this board of three persons to determine the damage, shall be served upon the owner of the premises by personal service or by registered mail to his last known address.
(C) The notice may be substantially the following form:

To _________________________________

You are hereby notified that ____________________________has determined that the building owned by you at ______________________located within the fire limits of the city has been damaged by fire, decay or otherwise to the extent of fifty percent (50%) of its value; and that a board of three (3) members has been appointed to verify this finding, which board will hold its first meeting in the city hall on the ______day of _________at the hour of __________o’clock, at which time it will determine whether this finding is correct. If this finding is verified by the board, you must tear down and remove the said building.

(D) If the board of three members determines that the building in question has been damaged to the extent of 50% of its value it shall be the duty of the owner to tear down or remove the building within 20 days after the finding of the board. It shall be unlawful to occupy or permit the building to be occupied after the finding. (‘69 Code, § 93.120) Penalty, see Section 93.99

Except as set forth in Section 93.26 of this chapter, open burning is prohibited within the city. (Ord. 06-07-18-01, passed 7-18-06)

(A) Wood. The open burning of clean wood shall be permitted. For the purposes of this section, “clean wood” shall not include the following:
(1) Landscape waste, including but not limited to leaves;
(2) Painted wood or lumber;
(3) Treated wood or lumber;
(4) Any wood product which produces noxious odors or black smoke when burned.
(B) Paper products. The open burning of paper products shall be permitted in all business or industrial zoning districts, subject to the following conditions:
(1) Burning shall only be permitted when recycling is not available and the establishment’s storage bins are full.
(2) Burning shall be within an approved incinerator stove, furnace, fireplace, or metal drum no more than five (5) feet in width and not more than five (5) feet in height. Said incinerator shall be constructed of steel or firebrick and be equipped at the top with a spark arrestor or screen having openings of not more than three-fourths (3/4) of an inch.
(3) The area in which the incinerator is located shall have a surface of gravel, cinders, cement, or similar noncombustible material extending at least five (5) feet from each side of the incinerator.
(C) Site and weather restrictions.
(1) No fire shall be lit within thirty (30) feet of any building or structure or within ten (10) feet of a fence or property line.
(2) No person shall light, kindle, or maintain any fire, or burn any material or substance on or upon any paved street, road, alley, or on upon any sidewalk, or on or upon the curb and gutter portion of any street, road, or alley, or on or upon any paved public square or paved grounds of the city. For the purposes of this section, “paving” or “paved” shall include concrete, blacktop, tar and chip, or other like surface.
(3) All burning permitted herein shall be extinguished and put out before the attendant leaves the burn area or when the wind, smoke, or ash make such fire dangerous or likely to emit noxious fumes and smoke.
(4) A hose or other sufficient extinguisher device shall always be readily available.
(5) No burning of any kind shall be allowed on a day or evening when the wind is predicted to be in excess of ten (10) miles per hour, by the National Weather Service or within forty-eight (48) hours after a rain totaling one-quarter (1/4) inch or more, as reported by the National Weather Service.
(6) No burning shall create a visibility hazard on streets and roadways.
(D) Fire limits. This section shall not apply within the designated fire limits of the city, in which the open burning of any substance or material is prohibited. Said limits are as follows:
The area bounded on the north by Canal Street, on the south by Jefferson Street, on the east by Main Street, and on the west by Water Street. (Ord. 06-07-18-01, passed 7-18-06)

It shall be the duty of the owner and occupant of any dwelling, store, shop, or other building in the city to prevent the accumulation of large quantities of ashes, shavings, waste paper, kindling, or other combustible materials from which immediate danger of fire may be apprehended, within 10 feet of the building. No ashes, shavings, waste paper, kindling, or other combustible materials shall be accumulated or piled within 10 feet of any building. (Ord. 06-07-18-01, passed 7-18-06)

The fire chief shall have sole control of the police, when at fires, as well as all persons present, and may appoint persons to assist in protecting property in such manner as he may deem necessary. The council shall pay persons a reasonable compensation for services so rendered when recommended by the fire chief. (Ord. 06-07-18-01, passed 7-18-06)

For the purpose of the better enforcement of this article, the fire chief or assistant fire chief is empowered to arrest or cause to be arrested, with or without process, all persons who shall be found violating any of the provisions of this article, and for that purpose the fire chief or assistant fire chief is clothed with all the common law and statutory powers of constables. (Ord. 06-07-18-01, passed 7-18-06)

No person shall knowingly start or spread any false alarms in the city. (Ord. 06-07-18-01, passed 7-18-06)

The installation of a minimum of one smoke detector per dwelling unit is hereby required prior to the issuance of an occupancy permit for all new single and multiple occupancy residential dwellings constructed subsequent to the effective date of this subchapter, or under construction at the effective date of this subchapter. As an alternative to a smoke detector, a fire detection system may be installed. (Ord. 929, passed 12-18-84) Penalty, see Section 93.99

All existing single and multiple occupancy residential structures shall within six months of the effective date of this subchapter, or at the time of any change in ownership, or when a structural change or repair is made costing $1,000 or more, whichever occurs first, shall have installed therein a minimum of one smoke detector per dwelling unit or a fire detection system. (Ord. 929, passed 12-18-84) Penalty, see Section 93.99

(A) Each required smoke detector shall be mounted on the ceiling, or a wall not more than 12 inches from the ceiling, at a point centrally located in a corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, the detector shall be centrally located on the ceiling of the main rooms. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. Care should be exercised to ensure that the installation will not interfere with the operating characteristics of the detector. When activated, the detector shall provide an audible alarm in the dwelling unit.
(B) Smoke detectors with D.C. power supply only are permitted, as are detectors with A.C. power supply backed up by a secondary supply which is D.C. An A.C. only powered unit is not permitted for residential type occupancies. Where A.C.-D.C. combination units are used, it is required that all A.C. lines be wired directly to the building’s power supply. All D.C. powered detectors shall have built-in protection to warn of battery failure. (Ord. 929, passed 12-18-84) Penalty, see Section 93.99

(A) Definitions. Unless otherwise expressly stated, the following words or terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(1) “Approved” means accepted by the building inspector/code enforcement officer or designee as a result of investigation and experience or by reason of test, listing or approval of Underwriters’ Laboratories, Inc., National Bureau of Standards, American Gas Association Laboratories or other nationally recognized testing agencies.
(2) “Assembly occupancy” means the occupancy or use of the building or structure or any portion thereof by a gathering of persons for civic, political, travel, religious, social or recreational purposes.
(3) “Educational occupancy” means the occupancy or use of a building or structure or any portion thereof by persons assembled for the purpose of learning or of receiving educational instruction.
(4) “Institutional occupancy” means the occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable or other care or treatment, or by persons involuntarily detained.
(5) “Mercantile occupancy” means the occupancy or use of a building or structure or any portion thereof for displaying, selling or buying goods, wares or merchandise; except when classed as a high hazard occupancy.
(6) “Owner” means and includes a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and a person having a vested or contingent interest in the property in question.
(7) “Person” means any natural person, partnership, trust, corporation or association. Whenever used with respect to any penalty, the term “person”, as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to trusts or corporations, shall mean the trustees or officers thereof.
(B) Application to new and existing conditions. The provisions of this chapter shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this chapter shall be permitted to continue where the exceptions, in the opinion of the building inspector/code enforcement officer or designee, do not constitute a distinct hazard to life or property.
(C) Inspections of buildings in premises.
(1) It shall be the duty of the building inspector/code enforcement officer to inspect or cause to be inspected all buildings and premises except the interiors of dwellings, as often as may be necessary, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, endanger life from fire, or violate any provisions or the intent of this chapter or any other chapter involving fire hazards.
(2) The building inspector/code enforcement officer or designee may, upon the complaint of any person or whenever deemed necessary, inspect any buildings or premises within the city.
(D) Exceptions. Nothing contained in this chapter shall be construed as applying to the transportation of any section or anything shipped under the jurisdiction of and in compliance with the regulations prescribed by the Interstate Commerce Commission, or as applying to military forces of the United States.
(E) Tents--Permits required. No tent covering an area in excess of 120 square feet shall be erected, maintained, operated or used without a permit.
(F) Liability for damages. This chapter shall not be construed to hold the city responsible for any damages to persons or property by reason of the inspection or re-inspection or failure to inspect or re-inspect or issuance of a permit or by reason of the approval or disapproval of any equipment authorized herein. (Ord. 1518, passed 4-1-03)

(A) Prohibition. It shall be unlawful to store, handle or offer for sale any flammable or volatile liquids in violation of any provision of this section.
(B) Enforcement. It shall be the duty of the building inspector/code enforcement officer, with full cooperation of the police department, to see that the provisions of this section are enforced.
(C) Small storage limited. Storage of flammable liquids of Classes I, II and III shall be in accordance with the rules governing general storage and service stations except for personal or private use. Personal or private use, not to exceed five gallons of crude petroleum, benzine, benzol, gasoline, naphtha and their compounds may be kept on hand if stored in an approved safety container, remote from flame or open fire. Such storage must not be in any cellar, basement, or pit and should be in a room with direct ventilation to the outside and preferably in an out building or garage.
10 gallons of kerosene may be stored aboveground in an approved safety can and 60 gallons may be stored for the retail trade within a building, provided storage is in an approved tank. The tank shall be set in a metal pan extending at least eight inches beyond the outside of the tank at the sides and rear and 18 inches in front. The tank should be located on the first floor, where the influx of natural light is sufficient to light the room and reasonable ventilation must be provided.
(D) Gasoline container must be red. All receptacles used for the keeping or storing of gasoline, naphtha, benzine or benzol shall be painted red.
(E) Dispensing containers. No deliveries of Class I or Class II flammable liquids shall be made into portable containers, unless the container is sound and of metal or other approved material. The container is required to be capable of tight closure with either a screwed or spring cover and be fitted with a spout or so designed that the contents can be poured in a safe manner. Containers shall be limited to a capacity not exceeding six gallons.
(F) Empty drums. Drums or barrels in which liquids of Classes I, II and III have been stored shall have taps, plugs, or bungs replaced immediately after the package has been emptied and shall be promptly removed from the premises.
(G) Use within buildings restricted. The mixing, storing or handling of Class I and II liquids in open containers is prohibited in any building, except in the compounding of medicines and prescriptions in drug stores.
(H) Pouring into sewers prohibited. No liquids of Classes I, II and III, or solutions containing such liquids shall be poured into any sewer or any drain which connects with a sewer system.
(I) Use in starting fires. Flammable liquids (as defined in the current International Fire Codes) shall not be used to start or kindle fires.
(J) Fire to be kept away from flammable liquids. Flammable liquids shall always be kept away from fire or open flame.
(K) Location of tanks from property lines and buildings. The minimum distance from individual tanks to the line of adjoining property which is or may be built upon, shall not be less than the following:
(1) For tanks of 50,000 gallons or less:

In case of tanks for the storage of crude petroleum, the foregoing minimum clearances shall be doubled.
(2) Tanks of more than 50,000 gallons which are to be used only for the storage of refined petroleum products or other flammable liquids not subject to boil-over:
(a) Group A tanks. If tank is equipped with an approved permanently attached extinguishing system or an approved floating roof, the distance shall be not less than the greatest dimension (diameter, length or height) of tank, but such distance need not exceed 120 feet.
(b) Group B tanks. If tank is not equipped either with an approved permanently attached extinguishing system or an approved floating roof, the distance shall be not less than one and one-half times the greatest dimension (diameter, length or height) of the tank, but such distance need not exceed 175 feet.
(3) Tanks of more than 50,000 gallons which are to be used for the storage of crude petroleum or other flammable liquid subject to boil-over:
(a) Group C tanks. If tank is equipped either with an approved permanently attached extinguishing system or an approved floating roof, the distance shall be not less than twice the greatest dimension (diameter, length or height) of the tank; but such distance need not exceed 175 feet.
(b) Group D tanks. If tank is not equipped with either an approved permanently attached extinguishing system or an approved floating roof, the distance shall not be less than three times the greatest dimension (diameter, length or height) of the tank, but need not exceed 350 feet.
(4) These distances shall apply also to other buildings on the property except those necessarily connected with the installation (such as oil warehouse, pump house and garage).
(5) In particular installations these distances may be increased at the discretion of the building inspector/code enforcement officer after consideration of such special features as topographical conditions, nature of occupancy and proximity of buildings on adjoining property, height and construction of such buildings, capacity and construction of proposed tanks and character of liquids to be stored, degree of private fire protection provided and facilities of fire departments to cope with oil fire.
(6) Location of tanks with reference to railroad tracks over which passenger trains are moved shall conform to the regulations of the Bureau of Explosives of the Association of American Railroads (formerly American Railway Association), 30 Versey Street, New York City.
(7) When general below ground oil storage is maintained in connection with a filling station, the distance from general storage tanks to filling station buildings, tanks and equipment shall be the same as that required to property lines.
(L) Distance between tanks. The minimum distance from tanks to adjacent tanks shall be as follows:

(M) No smoking around flammable liquids. It shall be unlawful for any person to smoke a cigarette, cigar or pipe in no smoking areas around flammable liquids. Such areas shall be designated by “No Smoking” signs of a size and quantity and in such locations as shall be directed by the fire chief. It shall be the responsibility of the owner and/or the operator of any location where flammable liquids are stored to see that “No Smoking” signs are in place. Failure to put up “No Smoking” signs shall be considered a violation of this section.
(N) Fire extinguishers in trucks carrying flammable liquids. Each tank truck or tank wagon shall carry an approved fire extinguisher such as carbon dioxide, foam or powder, suitable for extinguishing gasoline and oil fires, with a minimum of #20 ABC.
(O) Permits. It shall be unlawful to construct, install or enlarge any tank, pump or piping equipment for the storage or handling of flammable or volatile liquids as defined in this section without having first obtained a permit. Application for permits shall be made to the building inspector/code enforcement officer and shall be accompanied by drawing to scale showing the location as well as plans showing the type and nature of installation or alteration.
(P) Approval. No permit shall be issued until the building inspector/code enforcement officer or designee has approved that the contemplated work fully complies with the applicable municipal code provisions.
(Q) Safeguarding or removal of underground gasoline storage tanks taken out of service. Underground gasoline tanks to be taken out of service shall be completely safeguarded or removed through either of the following procedures:
(1) Placed in a “temporarily out of service” condition. Underground gasoline tanks shall be rendered “temporarily out of service” only when the owner of the tank certifies in writing to the building inspector/code enforcement officer that the tank or tanks will be returned to active service within 90 days.
Gasoline storage tanks shall be safely removed from the site upon the expiration of the 90 days, temporarily out of service, period.
The following precautions shall be applicable for all tanks rendered temporarily out of service to the satisfaction of the building inspector/code enforcement officer:
(a) The fill line, gauge opening and pump suction shall be capped and secured against tampering; and all electrical equipment involving the dispenser and pump shall be disconnected from the main distribution panel.
(b) The vent line shall be left open.
(2) Removal. When underground gasoline storage tanks are scheduled for removal, the following procedure shall be followed, in the presence of, and to the satisfaction of the building inspector/code enforcement officer:
(a) All flammable or combustible liquids in the tank and connecting lines shall be removed safely;
(b) The suction, inlet, gauge and vent lines shall be disconnected. Inlets, outlets and leaks, if any, shall be capped or plugged;
(c) The underground gasoline tank shall be removed; and
(d) After removal, the tank or tanks shall be transported from the premises as soon as possible to an area not accessible to the public.
(3) In general. With either of the methods described in this section, no spark or flame producing equipment shall be used until the tank has been completely purged and rendered safe. All excavations shall be back-filled in a professional manner, utilizing materials and techniques meeting the approval of the city engineer.
The fire department shall be notified at least 24 hours prior to the commencement of any work and shall approve all operations. (Ord. 1518, passed 4-1-03)

(A) Definitions.
(1) “Liquefied petroleum gas” means any material composed predominantly of propane, propylene, butane (normal butane or isobutane) and butylene or a mixture of them.
(2) The current international fire codes, “Storage And Handling - Liquefied Petroleum Gases.”
(B) Containers and equipment.
(1) It shall be unlawful to install any equipment or containers for the utilization of liquefied petroleum gas unless the equipment and containers and the installation shall comply with the applicable standards of current international fire codes.
(2) The maximum filling density (the percent ratio of the weight of gas in a container to the weight of water the container will hold at 60 degrees F.) shall be that prescribed in paragraph B.11 (page 15) of the current international fire codes.
(3) No such container for use in connection with any building and the street upon which the building abuts, nor within such building. The installation of such containers and location with reference to buildings, shall be in accordance with the standards prescribed in current international fire codes.
(4) Liquefied petroleum tanks shall be protected from vehicular damage and vandalism with the provisions of a non-combustible fence, a minimum of six feet in height. The gate shall be a locking type and the details of the fence construction shall be indicated on the permit drawings.
(5) Letters stating “L.P. GAS” and “No Smoking” shall be provided on both sides of all tanks, and shall be a minimum of four inches in height and red in color.
(C) Permit required. No equipment for the utilization of liquefied petroleum gas shall be installed in the city without a permit. The fee for the permit shall be $50. When installation is in a building being newly constructed or remodeled in accordance with a permit for that construction or remodeling, no extra fee for this permit shall be required. Applications for a permit shall be made to the building inspector/code enforcement officer and shall contain a description of the location, equipment and intended use of the equipment and meet the requirements of current international fire codes.
(D) Prohibitions.
(1) Production of liquefied petroleum gas. It shall be unlawful for any person to operate a plant for the production of liquefied petroleum gases in the city. No liquefied petroleum tank shall be filled within the city.
(2) Private storage. It shall be unlawful for any person to store liquefied petroleum gas in the city except in compliance with the applicable standards prescribed in current international fire codes.
(3) Odorizing. It shall be unlawful for any person to use or store any liquefied petroleum gas within the city unless it shall be effectively odorized by an agent of such character as to indicate by a distinctive odor the presence of gas in the air down to a concentration of 150 the lower limit of combustibility.
(4) Storage limitations. Above ground installations shall be limited to a total of 1,000 gallons water capacity.
(5) Tank removal. It shall be unlawful to retain on the premises any L.P. tank in conjunction with a fuel system when the supply of natural gas is sufficient to accommodate the needs of the related occupancy.
(E) Inspection. It shall be the duty of the building inspector/code enforcement officer or a representative designated by the city administrator to enforce the provisions of this chapter and to make necessary inspections or tests. When a test is necessary to determine whether any equipment, or method, complies with the standards prescribed or referred to in this chapter, the enforcing official may accept the results of a test conducted by or under the supervision of the Underwriters Laboratories, Inc. or any testing company acceptable to the city. (Ord. 1518, passed 4-1-03)

(A) Spills prohibited. It shall be unlawful, whether intentional or unintentional, for any person, firm or corporation to release, emit, spill or leak any material which constitutes a hazardous material incident.
(B) Definitions. For the purpose of this section, the following words and terms shall have the following meanings:
(1) “Hazardous material(s) incident”. The leakage, release, seepage or emission of any substance or material which, due to its quantity, form, concentration, location or other characteristics, is determined by the building inspector/code enforcement officer or an authorized representative, based upon a reasonable degree of scientific certainty, to pose an unreasonable and inordinate risk to the life, health or safety of persons or property or to the ecological balance or the environment, including but not limited to, explosives, compressed gases, flammable and combustible liquids, flammable and water reactive solids, oxidizers and peroxides, poisons, radioactive materials, corrosives or otherwise regulated materials, or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
(2) “Expenses to the city”. All costs and expenses of the city incurred in the clean-up or abatement of hazardous materials or the extinguishing of a fire involving hazardous materials, including but not limited to the following: actual labor costs of city personnel involved in the clean-up or abatement of the discharge(s) including Worker’s Compensation benefits, fringe benefits and administrative overhead or any other medical expenses, immediate or long term, or personnel exposed to the hazardous material, cost of equipment operation, damage or loss as published and updated by the city; cost of materials ordered directly by the city; the cost of any labor and material(s) expended through the retention of other parties to assist in clean-up or abatement and the repair of the property in the area of the incident.
(3) “City”. Any department of the city of Wilmington.
(C) Hazardous material responses--Cost reimbursement. Expense reimbursement to the city: The person or companies in immediate control or possession of the hazardous material(s) at a hazardous materials incident, to which the city has responded, shall be responsible for reimbursement to the city of all expenses incurred by the city related to the response, the handling or the clean-up of the material(s). There shall be joint and several liability for reimbursement including but not limited to the person(s) or companies in immediate control of the hazardous material(s), the shipper, the manufacturer, the distributor, the transporter of the material(s) involved, or third parties having caused or contributed to the cause of the release of the hazardous material(s).
(D) Fault not to be considered. The person or company in immediate control or possession of the hazardous material at a hazardous materials incident shall be liable for any other costs, fees or expenses of whatever kind or nature which are incurred by the city or its agent in the abatement, clean-up or repair. The fault of the entity in immediate control or possession of this section, repair shall mean, without exception, the return of the property to the condition that existed immediately prior to the incident.
(E) Distribution of reimbursed costs--Replacement of material(s) and/or other expenses. The reimbursement funds may be used to replenish the supplies used by the city at the scene of the hazardous material(s) incident. Supplies may include, but shall not be limited to, protective clothing, absorbents, neutralizing chemicals, detection monitoring equipment, fire-fighting forms and chemicals, overtime personnel expenses, laboratory analysis, medical treatment, immediate and long term, for exposed or injured personnel, or equipment or supplies damaged or destroyed by exposure to the hazardous material(s) at the incident.
(F) Regulations or remedies. Nothing in this Section 93.48 shall be deemed to relieve any party from any other obligation or responsibilities that it might otherwise have under law to any other agency or party.
(G) Penalty. Any person, firm or corporation who violates any provision of this section shall, upon conviction, be fined not less than $5 nor more than $750. (Ord. 1518, passed 4-1-03)

(A) Definitions.
(1) “Approved self-service dispensing device”. Any device for the dispensing of Class I, II, and III liquids into the fuel tanks of motor vehicles as approved by the building inspector/code enforcement officer pursuant to this section.
(2) “Attendant”. The owner or any person who is paid wages by an owner of a service station to dispense motor fuel at a service station.
(3) “Filling stations”. Any building, structure, premises enclosure or other place within the city where a container or containers, tank or tanks, either portable or stationary, and containing ether, carbon bisulfate, gasoline, naphtha, benzol, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene turpentine or other flammable liquids having a flash point below 165 degrees Fahrenheit, are kept or located for the purpose of selling, offering for sale, or distributing any such liquids from that container or tank; provided, however, that the provisions of this section shall not apply to any place where the flammable liquids are kept to sold for medicinal purposes only nor to a fuel dealer. This definition shall also include any service station where flammable liquids are stored for use in servicing vehicles only and the private storage and dispensing of products for the same purposes as those served by a filling station, whether the storage is maintained for the use or benefit of the owner, lessee, agents or employees of either, or for any others.
This section shall also govern underground storage maintained at general storage plants and places other than filling stations, so far as applicable.
(4) “Owner”. Any individual(s) or legal entity holding title, lease, license or any interest in a service station or self-service station. The legal name, residence, address and county of any individuals who are owners shall be filed with the building inspector/code enforcement officer.
(5) “Self-service station”. That portion of a service station where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed approved dispensing equipment into the fuel tanks of motor vehicles by someone other than the service station attendant.
(B) Bulk sales prohibited. No motor fuels shall be dispensed at any filling station except directly into the fuel tanks of motor vehicles, when the tanks are connected with the carburetion systems of vehicles; provided, however, that individual sales up to six gallons may be made in approved metal receptacles when painted red and labeled in full conformity with the provisions of this code. Individual sales shall be limited to six gallons to any one person.
(C) Underground storage--Limitations. Filling station storage shall be underground and the combined capacity of the storage tanks of Class I and Class II flammable liquids shall not exceed 40,000 gallons. Class III flammable liquids storage, at filling stations, shall be underground and shall not exceed 20,000 gallons.
The underground storage limit may be increased at airports and industrial plants where a larger storage is required for manufacturing operations, at bus and truck terminals where operating requirements make a larger storage necessary, and in segregated locations, but the increase must have the approval of the building inspector/code enforcement officer or designee.
(D) Setting of tanks. When tanks are not subject to being driven over, they shall be buried so that their tops will not be less than two feet below the surface of the ground or beneath 12 inches of earth and a slab of reinforced concrete not less than four inches in thickness; the slab shall be set on a firm, well tamped earth foundation and shall extend at least one foot beyond the outline of the tank in all directions.
(1) Under heavy traffic where the tank site is subject to traffic by heavy vehicles, the total coverage above the top of the tank shall be not less than three feet; provided, however, that where the area over tanks is paved with reinforced concrete not less than six inches in thickness, the total coverage may be reduced to two feet.
(2) Floating to be prevented. Where it is necessary to prevent floating, tanks shall be securely anchored to a concrete pad.
(3) Foundation. Tanks shall be set on a firm foundation and surrounded with an approved stabilizing material well tamped in place.
(4) Tank tops. Tops of tanks shall be below the level of any piping to which the tanks may be connected.
(5) Tanks under buildings prohibited. Tanks shall not be installed under any building or structure.
(E) Clearance required--Distance to basement. Individual tanks of a capacity up to 2,000 gallons shall be buried so that the tops of the tanks shall be lower than all floors, basements, cellars or pits of buildings within 10 feet, on or of the property, or tanks shall maintain a full clearance of 10 feet. For individual tanks of a capacity of more than 2,000 gallons and up to 6,000 gallons, the distance shall be 20 feet. For individual tanks of a capacity of more than 6,000 gallons and up to 20,000 gallons, this distance shall be 25 feet.
(1) Distance to sewers. Individual tanks of a capacity of up to 2,000 gallons shall be buried so that the tops of the tanks shall be lower than the bottom level of all sewers, manholes, catch-basins, cesspools, septic tanks, wells or cisterns within 10 feet, on or off the property, or tanks shall maintain a full clearance of 10 feet thereto. For individual tanks of a capacity of more than 2,000 gallons and up to 6,000 gallons, the distance shall be 20 feet. For individual tanks of a capacity of more than 6,000 gallons and up to 20,000 gallons, the distance shall be 25 feet. The term “sewer” includes a sewer line out of filling station buildings; provided, however, these clearances shall not be required to a sewer line out of a filling station if such sewer line is constructed throughout of cast iron with leaded joints.
(2) Distance of property lines. Individual tanks of a capacity up to 2,000 gallons shall maintain a 10 foot clearance to property lines. For individual tanks of a capacity of more than 2,000 gallons and up to 6,000 gallons, the distance shall be 20 feet. For individual tanks of a capacity of more than 6,000 gallons and up to 20,000 gallons, the distance shall be 25 feet; provided, however, that these clearances on the side adjacent to a public street, alley or highway, may be waived by consent of the building inspector/code enforcement officer if it can be shown that the required sewer clearances can be maintained.
(3) Distance to special classes of property. Tanks and pumps shall maintain a clearance of not less than 300 feet to any mine shaft, air or escape shaft for any mine, and 85 feet to any schoolhouse, hospital or church. The distance shall be measured from the nearest points of tanks and pumps to the nearest points of buildings or shafts.
(F) Material and construction of tanks. Tanks shall bear label of Underwriters’ Laboratories or meet equivalent specifications.
(1) Tanks to be coated. Tanks shall be thoroughly coated on the outside with tar, asphaltum or other suitable rust-resistant material.
(2) No corrosive materials. Tanks shall not be surrounded or covered by cinders or other material of corrosive effect. If the soil contains corrosive material, special protection shall be provided.
(G) Tank vent pipes. Each tank shall be provided with a vent pipe, connected with the top of the tank and carried up to the outer air. The pipe shall be arranged for proper drainage to storage tank and its lower end shall not extend through top of tank for a distance of more than one inch, and the pipe shall have no traps or pockets.
(1) Tank venting shall meet the requirements of the State Fire Marshal and the Environmental Protection Agency.
(2) Vent pipe shall be of sufficient cross-sectional area to permit escape of air and gas during the filling operation and in no case less than 1-1/4 inches in diameter. If a power pump is used in filling storage tank, and a tight connection is made to the fill pipe, the vent pipe shall not be smaller than the fill pipe.
(3) Vent pipe shall terminate outside of building not less than 12 feet above top of fill pipe, not less than 18 inches above the roof, not less than four feet, measured vertically and horizontally, from any window or other building opening, and not less than 15 feet measured horizontally from any opening into the basement, cellar or pit of any building, and in a location which will not permit pocketing of gas. If a tight connection is made in the filling line, the terminus of the vent pipe shall be carried to a point one foot above the level of the highest reservoir from which tank may be filled.
(4) Vent pipes from two or more tanks shall have separate vent pipes.
(H) Fill pipes to tanks. Fill pipes shall be carried to a location outside of any building, as remote as possible from any doorway or other opening into any building and in no case closer than five feet from any such opening. The location shall be in a place where there is minimum danger of breakage from trucks or other vehicles. Each fill pipe shall be closed by a screw cap or other tight fitting cap, preferably of a type which can be locked. Cap should be locked at all times when filling or gauging process is not going on.
(I) Unloading operations. Unloading hose from tank truck into underground tank shall be metallic lined or its equivalent and shall be equipped with a nonferrous nozzle or tight connection metal nipple. During unloading operations, a competent person shall be present and in charge at all times.
(J) Pumps. Class I and II flammable liquids shall be transferred from underground tanks by means of fixed pumps so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge. Supplemental means shall be provided outside of the dispensing device whereby the source of power may be readily disconnected in the event of fire or other accident. Dispensing devices for Class I or Class II flammable liquids shall be of an approved type. Liquids shall be withdrawn from tanks by means of approved pumps equipped with metallic lined hose and nonferrous discharge nozzle.
(1) No pump in building. No pump shall be located within a building.
(2) Curb pump prohibited. Curb pumps, or pumps located in any portion of a public street, are prohibited.
(3) Electrical pumps. Wiring of electric pumps and all electrical equipment in connection therewith shall conform to all of the applicable electrical regulations of this code.
(4) Gravity discharge devices. Devices which discharge by gravity shall be so designed that it is impossible to retain in the gauging compartment materially more than ten gallons of liquid, and so that it is not possible to lock the device without draining the liquid.
(5) Air pressure storage. Systems which employ continuous air pressure on storage tanks in connection with gauging or vending device are prohibited.
(6) Above-ground tanks are prohibited for the dispensing of its contents for sale unless otherwise authorized by the building inspector/code enforcement officer or designee.
(7) Building inspector/code enforcement officer to approve setback of pump islands. Setback of pump islands from street lines and drive-in arrangements are subject to approval of the building inspector/code enforcement officer.
(K) Piping. Piping shall conform to the requirements set out in Section 93.46 of this chapter and the current applicable codes of the State Fire Marshal and the Environmental Protection Agency.
(L) Building. No basement or excavation shall be permitted under any filling station building.
(1) Floor level shall be above-grade so as to prevent flow of liquids or vapors into building.
(2) Floor shall be of concrete.
(M) Safe heat required. Heating systems in filling stations that have rooms or stalls for greasing or servicing motor vehicles shall be of a type that will preclude the likelihood of gasoline gas reaching the heaters. The following types are acceptable.
(1) Steam, hot water, or warm air. Steam, hot water or warm air furnaces, cut off from the balance of the building by eight inch masonry walls. The ceiling shall be of two coats of cement plaster over metal lath or equivalent fire-resistive construction. The door to heater room shall open from the outside of the building. No openings shall be permitted on the inside walls except those necessary for passage of heat ducts. If warm air heat is used, no cold air return shall be taken closer than 30 inches from the level of grease room floor.
In some instances it is possible to have a heater room door open from the office room, where the heater room door is sufficiently distant from a grease room door to make the travel of gasoline vapors to the heater room a remote possibility. Added safety is provided if the floor of the office is higher than the floor of the grease room, or if a six inch concrete ledge is placed across the door opening at the floor in the grease room door or furnace room door, or both, as gasoline vapors are heavier than air and these features will tend to block its flow.
(2) Heat without enclosure. The following types of heat are acceptable without enclosure:
(a) Suspended oil or gas fired. Suspended, approved type, oil or gas fired, warm air furnaces. These shall be approximately eight feet above the level of the grease room floor. Cold air returns shall be not less than 30 inches from the level of the grease room floor. Gas or oil fired unit heaters shall be mounted eight feet above the level of the grease room floor.
(b) Electrical heating units. Electric heating units and equipment located within the possible path of vapor travel shall be designed and installed so as not to create an ignition hazard and shall conform with all applicable electrical regulations of this code.
(N) No flammable liquids within building--Exception. No gasoline, naphtha or other liquids of Class I shall be kept inside of filling station. No alcohol or other flammable anti-freeze solutions shall be kept inside the filling station except in original sealed containers. No transfer of such liquids from these receptacles shall be made inside the filling station.
(O) Greasing pits. No greasing pits shall be allowed.
(P) Wash and greasing rooms. Any sewer connection must have an adequate grease trap to intercept greases and oils. The trap shall be cleaned out at least every 30 days.
(Q) Care and attendance. The following regulations shall apply:
(1) Motors to be shut off. The motor and ignition of a motor vehicle must be shut off before the fuel tank is serviced.
(2) Rubbish and trash. Premises shall be kept neat and clean, and free from rubbish or trash. Rubbish shall be stored in a metal container pending removal.
(3) Cleaning with flammable liquids. Cleaning with gasoline, naphtha or other highly flammable liquids of Classes I and II shall not be permitted in or within 50 feet of the service station.
(4) Underground tanks, leaky--Discontinued use. Underground tanks which develop leaks or which are permanently discontinued in service shall be removed promptly.
(5) Lockers. Lockers for worker’s clothing shall be made of metal.
(R) Fire extinguishers. Each service station shall be equipped with extinguishing equipment approved by the building inspector/code enforcement officer or designee, with a minimum of #20 ABC.
(S) Approval of plans for filling station. Drawings or blueprints made to scale shall be submitted in triplicate to the building inspector/code enforcement officer for approval before any new construction, addition or remodeling of any filling station is undertaken. Drawings shall carry the name of the person proposing the installation, the location and shall, in addition, show the following:
(1) A description of plot--Surroundings. The plot to be utilized and its immediate surroundings on all sides; all property lines to be designated and adjacent streets and highways to be named.
(2) A description of the complete installation. The complete installation as proposed, including tanks and their capacities, class of liquids to be stored, pumps, buildings, drives and all equipment.
(3) A description of tank clearance. Clearance from tanks to property lines as required by the regulations as stated.
(4) A description of the type of construction. Type of construction of filling station building or buildings, with clear showing that there will be no basement, cellar or excavation under any portion.
(5) A description of the location of basements, cellars or pits of other buildings on the property or on adjacent property, and location of tanks with reference thereto as required by the provisions as prescribed. If a building has no basement, cellar or pit, a note must be made to that effect.
(6) A description of the location of sewage facilities. Location of sewers, manholes, catch basins, cesspools, septic tanks, wells or cisterns (whether on the property, on adjacent property or in adjoining streets, highways or alleys), and location of tanks with reference thereto as required by the provisions as prescribed. If there is no sewer, manhole or catch basin in a street or alley, or no sewer, cesspool, septic tank, well or cistern on a property, make notation to that effect in proper place.
(7) A description of the location of vent and fill pipes. Location of vent pipe outlets as required by the provisions as prescribed and location of fill pipes as required by the provisions as prescribed.
(8) A complete showing of proposed heating arrangements. A complete showing of type of heat and heating arrangements as required by the provisions as prescribed.
(T) Inspections. The building inspector/code enforcement officer or designee shall inspect all drawings and documents filed pursuant to the provisions as prescribed and also inspect the location of the proposed construction. Approval shall be necessary before any building permit may be issued.
(U) License required. All filling stations shall be licensed as provided in the licensing sections of this code.
(V) Self service motor fuel dispensing operations (service stations). Except at service stations holding current, valid self-service station permits issued pursuant to this section, no person other than an owner of a service station, or an employee of such owner, shall use or operate any motor fuel dispensing equipment at any service station. No owner of a service station shall permit any person to violate the provisions of this section.
(W) Permits.
(1) Permit required. Self-service station permits may be issued by the building inspector/code enforcement officer upon written application, including plans, for each service station sought to be used for self-service. The plans shall be drawn to scale, and shall include the following:
(a) Lot lines and dimensions.
(b) Building lines and dimensions.
(c) Location and size of tanks and pump islands.
(d) Location of control station.
(e) Type, make, model and location of dispensing devices or equipment.
(f) Fire extinguisher locations.
(g) Clearances.
(h) Other requested relevant information.
No construction of a self-service station or modification of an existing service station to conduct self-service business shall be commenced until the application and plans receive written approval from the city. No station shall open for business until inspected and approved by the city, and until a self-service station permit has been issued, which must be displayed, prominently, at all times, at the self-service station.
(2) Permit applications. Applications for self-service permits shall be filed in the office of the building inspector/code enforcement officer. Self-service permits shall be initially issued for a period of not less than six months nor greater than 12 months, at the discretion of the director of building and zoning. Renewal permits shall be issued for a period of 12 months.
The following requirements shall be followed at all self-service stations, and violation of any requirement shall constitute good and just cause for suspension or revocation of a self-service station permit by the city, or other penalties that this code shall from time to time provide.
(a) Dispensing of Class I, II or III liquids at locations not open to the public does not require an attendant or supervisor. These locations may be used by commercial, industrial, governmental or manufacturing establishments for fueling vehicles used in connection with their businesses. However, this shall not include private fraternal clubs or associations.
(b) Special dispensing devices for motor fuel are not to be installed or used without prior written approval of the city.
(c) Approved self-service dispensing devices are permitted at service stations available and open to the public provided that all dispensing of Class I, II or III liquids by a person other than the service station attendant is under the supervision and control of a qualified attendant and the dispensing nozzle is a listed automatic closing type without a hold-open-latch or other hold-open device and must be U.L. listed.
(d) It shall be the responsibility of the attendant to dispense Class I, II and Ill liquids into approved portable containers, control sources of ignition and immediately handle accidental spills and fire extinguishers if needed. The attendant on duty shall be trained and capable of performing the functions and assuming the responsibility prescribed in this section.
(e) One type ABC fire extinguisher with a capacity of ten pounds shall be provided at locations approved by the building inspector/code enforcement officer. Extinguishers shall be located at points approved by the building inspector/code enforcement officer, away from the dispensing area but close enough to the dispensing area to be readily available. Extinguishers shall be plainly marked, shall be protected from the weather and shall be maintained in operable condition and available at all times when the self-service station is open to the public. All employees of the self-service station shall be thoroughly instructed as to the location and proper use of such extinguishers, and shall, upon request, demonstrate their ability in its use to the approval of the building inspector/code enforcement officer.
(f) Signs giving instructions for the operation of gasoline dispensing equipment must be conspicuously posted at each self-service station offering self-service.
(g) Signs bearing the following words must conspicuously be posted on each gasoline pump island where self-service is offered:
Self-service island warning:
(1) Stop engine;
(2) No smoking;
(3) It is unlawful and dangerous for anyone other than the attendant to dispense gasoline into approved
containers;
(4) It is unlawful and dangerous to dispense gasoline without an attendant on duty;
(5) No person less than 16 years of age shall be permitted to operate any self-service device.
(h) The signs shall be made of all weather rigid material and the wording, lettering, size, design, material mounting and location of the sign shall be approved by the city, and each sign shall be posted and maintained in a legible manner.
(i) All fuel dispensing units shall be mounted or protected against collision damage by suitable means in a manner approved by the building inspector/code enforcement officer.
(j) Every self-service station shall maintain a control station in a location approved by the city, equipped in such a manner that the flow of liquid fuel from any or all fuel dispensing units may be stopped from the control station; a master electric switch shall be maintained at the control station so that electric power and pump lighting to all pumps may be disconnected, at one time, and the switch shall be plainly marked and easily accessible. The control station shall be located at ground level not more than 100 feet from the farthest pump. The control station shall be located so that the control station attendant shall have a clear and unobstructed view of all pumps. The attendant shall at all times be able to communicate with persons in the dispensing area. A communications system between the control station and each pump island may be required.
(k) At all times when a self-service station is open for public use, not less than one attendant shall be on duty, and no motor fuel shall be dispensed at any time when the attendant is not at or near the control station or pump island. The attendant’s primary duty shall be to supervise the dispensing of motor fuels, motor oils and services normally related to such dispensing. The attendant shall refuse service to any person who is smoking or who appears for any reason to be unable to dispense fuel safely, and shall shut off the dispensing unit if a patron fails to follow instructions in compliance with the rules. All attendants and other employees of the service station shall be thoroughly instructed in the operation and use of the communication system, the control system, and fire extinguishing equipment, the operation of the dispensing units, and safety regulations for the dispensing of motor fuels.
(l) When motor fuel dispensing operations are structured so that more than one dispensing island is available to the public, each gas pump island shall be either self-service or attendant service.
(m) It shall be unlawful to dispense LP gas in any self-service station.
(n) Smoking shall be prohibited while operating any self-service full dispensing device.
(X) Penalty. The building inspector/code enforcement officer or designee may, for failure to comply with these rules, for violation of these rules, or for other good and just cause, suspend, revoke or refuse to issue or renew a self-service station permit. Notice of the refusal, suspension or revocation shall be served on the applicant for or holder of the permit by personal service or by certified or registered mail. If the applicant for or holder of the permit files a written request for a hearing with the city within ten days after notice is served, a hearing shall be granted. Any order by the appropriate city official may be appealed to the mayor and city council within ten days of its entry. This order shall not prevent the imposition of any fine or penalty otherwise exacted for violation of this section.
(Y) Jurisdiction of state. Nothing herein contained shall be construed to eliminate compliance with any regulation in agreement imposed by the state of Illinois or its authorized department and agents. No permit shall be issued under these sections to any self-service fuel dispensing facility unless a state permit has been issued for that facility. In the event the state has suspended or revoked its permit, the city permit shall automatically be suspended or revoked for the concurrent period. (Ord. 1518, passed 4-1-03)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 929, passed 12-18-84; Ord. 1574, passed 7-15-03)