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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: _ ‘+:©. __
Intergovernmental Agreement with the
West Chicago Fire District for
Certain Code Enforcement Matters
FILE NUMBER:
Res. 23-R-0062 COMMITTEE AGENDA DATE: July 20, 2023
COUNCIL AGENDA DATE:
sionarure_P>——
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
STAFF REVIEW: Tom Dabareiner AICP
ITEM SUMMARY:
The West Chicago Fire District upgraded their capabilities and asked City Staff to revisit the outdated
IGA currently in place between the two entities. Over several meetings, City Staff met with Chief Tanner
and Fire Marshall Bill Schultz to discuss the contents of the proposed IGA. Without surrendering the
City’s role as the Authority Having Jurisdiction (AHJ), the Fire District has been given greater responsi-
bility for fire-related construction plan review and code enforcement. Previously, those duties fell under
the auspices of B&F under contract with the City, and less so under the Fire District. The proposed IGA
also defines a procedure for handling differences between City and Fire District staff.
ACTIONS PROPOSED:
Recommend approval of Resolution No. 23-R-0062 and the updated IGA with the West Chicago Fire
District.
COMMITTEE ACTION:

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RESOLUTION NO. 2023-R-0062
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT WITH THE WEST CHICAGO FIRE
DISTRICT REGARDING CERTAIN CODE ENFORCEMENT MATTERS
BE IT RESOLVED by the City Council of the City of West Chicago, in regular session
assembled, that the Mayor is hereby authorized to execute an Intergovernmental Agreement
by and between the West Chicago Fire District and the City of West Chicago, a copy of which
is attached hereto and incorporated herein as Exhibit 1.
APPROVED this day of July 2023.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Executive Office Manager Valeria Perez

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EXHIBIT 1
NTERGOVERNMENTAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF WEST CHICAGO
AND THE WEST CHICAGO FIRE PROTECTION DISTRICT
WHEREAS, the City of West Chicago and the West Chicago Fire Protection District (hereinafter
referred to as the City and Fire District respectively) both possess the power to establish regulations
regarding fire protection and fire safety within their respective boundaries; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/3 (1996), provides that any power
or powers, privilege, or authority exercised or which may be exercised by a public agency may be exercised
and enjoyed jointly with any other public agency of the State; and
WHEREAS, the governing bodies of both the City and Fire District desire to coordinate their
enforcement of their legally adopted Building and Fire Codes to the greatest extent possible; and
WHEREAS, the City and the Fire District acknowledge that the public health, safety and welfare of
the citizens of the City of West Chicago can best be served through a coordinated inspection program; and
WHEREAS, pursuant to Article VII, Section 10 of the Illinois Constitution, 1970, public bodies may
enter into intergovernmental agreements whereby their powers may be shared.
NOW, THEREFORE, BE IT RESOLVED AND AGREED BETWEEN THE CITY AND THE FIRE
DISTRICT, BOTH MUNICIPAL CORPORATIONS IN DUPAGE COUNTY, ILLINOIS, as follows:
1. The City and the Fire District shall coordinate their enforcement activities as they
relate to matters concerning the construction, alteration, addition, repair, removal,
demolition, use, location, occupancy and maintenance of all buildings and structures
within the City and shall apply these efforts to existing or proposed buildings and
structures.
2. It shall be the responsibility of the City to issue building permits, collect fees
pertaining to building construction, issue stop work orders, post structures, maintain
inspection reports and issue certificates of use and occupancy. Any legal fees
connected with the enforcement of the Building Codes shall be assumed by the City.
3. The City shall be responsible for the administration and enforcement of the adopted
International Building Code as amended (hereinafter IBC), and further be
responsible for providing the Fire District with one copy of all approved building plans
of all non-residential buildings. Any fines collected by the City under this provision
shall be retained by the City.
4. Unless otherwise rescinded in writing by the City, the Fire District shall be
responsible for the administration and enforcement of the City-adopted International
Fire Code as amended (hereinafter IFC). The Fire District may issue permits as
specified in the IFC and collect fees associated with such permits. Any legal fees
connected with the enforcement of the International Fire Code shall be assumed by
the Fire District. In the event of non-compliance, notice of violation shall be issued
on City forms, by the City, citing the City IFC provisions. Any fines collected on
behalf through enforcement compliance shall be provided to and/or retained by the
Fire District. For those cases where voluntary compliance is not achieved, the City
will issue a Notice to Appear in its Administrative Adjudication Hearing to the property

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owner and/or tenant who remains in violation of the IFC, and Fire District personnel
will assist in providing expert and witness testimony to assist in the prosecution of
those cases. Any fine collected through Administrative Adjudication shall be made
payable to the Fire District. In the event the Administrative Adjudication Finding is
appealed, or certification of the Finding is required for collection, any legal fees
incurred by the City which are not collected from the property owner or tenant shall
be paid to the City by the Fire District, within thirty (30) days of invoice for same. The
City shall confer with the Fire District prior to expenditure of any legal fees following
Administrative Adjudication.
. The Fire District agrees to provide written comments for initial plan reviews within
ten business days of receipt of the original plans from the City, and inspection
services for the City for the Sections of the IBC pertaining to the following:
1. Fire Service Features (e.g. fire apparatus access roads; fire
protection water supply; et cetera)
2. Special Detailed Requirements Based On Use and Occupancy
(e.g. Storage, Use, and Handling of hazardous materials; high piled
storage practices; et cetera)
Fire and Smoke Protection Features (e.g. fire resistance; fire
separation; et cetera)
Fire Protection Systems (e.g. automatic sprinkler systems; smoke
and heat removal; et cetera)
5. Means of egress
6. Membrane Structures
7. Temporary Structures
8
9.
1
A
. Automatic Vehicular Gates
Photovoltaic Panels, Modules, and Alternative Power Systems
0. Safeguards During Construction
Subsequent plan reviews shall be completed within five business days. Plan Review
and Inspection fees for these listed services will be charged by the City to the building
permit applicant in accordance with the Fee Schedule adopted by the Fire District.
The City shall forward such payment to the Fire Protection District.
. The City will not issue a Final Certificate of Occupancy for new or re-occupied
nonresidential occupancies until it receives a final inspection report from the Fire
District, which report shall be forwarded to the City within 48 hours of the request for
a final inspection. All violations of the approved plans and permit shall be noted and
it shall be the responsibility of the City to notify the holder of the permit of any
discrepancies.
. The City agrees to make inspections of existing buildings and structures within two
business days upon the written request of the Fire District to assist in the
enforcement of the IFC.
. The City and Fire District shall cooperate to resolve interpretations, discrepancies or
amendment to the IFC and any disagreements over the implementation of this
Intergovernmental Agreement (or any matters that it covers). Should any
interpretation, discrepancy or proposed amendment to the IFC or any disagreement
over the interpretation of a term of this Intergovernmental Agreement (or any matters

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that it covers) not be resolved between the personnel identified in #10 and #11
below, the matter will be presented to the City Administrator and Fire Chief for an
attempted resolution. Should the matter not be resolved between the City
Administrator and Fire Chief, the position of the City shall be adopted by the Parties.
9. Changes in the IBC and IFC as they relate to the items listed in Section 5 of this
Agreement shall only be made with the concurrence of the other party and legally
adopted by an amending ordinance.
10. The City designates its Chief Building Official or his designee as the employee
responsible for administering and enforcing this Agreement.
11. The Fire District designates its Fire Marshall or his designee as the employee
responsible for administering this Agreement.
12. The City and the Fire District agree to work cooperatively on the sharing of
information related to properties regulated by either Party within the boundaries of
the City and upon written request by either Party.
13. The City and the Fire District agree to work cooperatively to better serve the citizens.
Any costs associated with improvements may be shared in a manner that is fair,
equitable, and agreed upon by both Parties.
14. Each Party to this Agreement shall indemnify and hold harmless the other Party,
together with their respective officials, officers, employees and agents, from and
against any and all third-party litigation or claims arising out of each Party’s own
actions or inactions related to the fire inspection program as set forth in this
Agreement.
15. All notices concerning this Agreement shall be in writing and addressed to the other
Party as follows:
If to the City: City of West Chicago
Attention: City Administrator Michael Guttman
475 Main Street
West Chicago, IL 60185
If to the District: West Chicago Fire Protection District
Attention: Fire Chief Patrick Tanner
200 Fremont Street
West Chicago, IL 60185
Delivery may be by personal delivery, or certified mail, return receipt requested.
Delivery will be deemed made upon proof of receipt.
15. This Intergovernmental Agreement may be terminated by either Party hereto by the
giving of thirty (30) days written notice to the governing body of the respective local
government unit. This agreement shall be in full force and effect after its passage
by the City Council and by the Fire District Board of Trustees and the affixing of the
signatures of the appropriate officials of those Parties to this agreement.

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PASSED AND APPROVED by the City Council on the day of , 2023.
MAYOR
ATTEST:
EXECUTIVE OFFICE MANAGER
PASSED AND APPROVED by the Fire District Board of Trustees on the day of
, 2023.
FIRE DISTRICT PRESIDENT
ATTEST:
FIRE DISTRICT SECRETARY

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