Carol Stream easing fire code to benefit smokers

Smokers in Carol Stream might be in for a more comfortable fall and winter at village bars and restaurants.

Responding to a request from an establishment owner, the village board tentatively has agreed to allow smoking in temporary outdoor tents - despite objections from fire protection district officials.

Village President Frank Saverino Sr. said the proposed change, expected to become official later this month, could help business owners who might have taken a financial hit since the Smoke Free Illinois Act went into effect Jan. 1, 2008.

"I don't agree with anything that will put the pressure on businesses today," he said. "I feel for them. Every time you turn another customer away, it's another way to put them out of business."

The decision to amend the village's fire code came after Flip Flops Tiki Bar and Grill owner Bob Sabalaskey asked the village to allow him to continue using a tent he installed the past two winters for smokers.

Before this week's change, Carol Stream's fire code had explicitly forbidden smoking in "tents, canopies or other membrane structures." The amendment allows smoking in temporary structures, which are defined as those used 180 days of the year or less.

Director of Fire Prevention Don Lay said he opposed the change because it goes against the law's intention and other bars and restaurants will follow Flip Flops' lead.

"It's an actual amendment to the code that reduces the minimum standard to the code, period," Lay said.

But he stressed the fire department merely enforces laws put in place by villages in its coverage area.

"I don't have any feelings about it one way or another," he said. "We have to abide by their decision. We addressed it, we analyzed it and came up with our decision (to oppose the change). But that's OK. It's their code."

Several additions to the proposed amendment will be made following suggestions of board members. Flame-retardant materials and fire extinguishers will be required.

The amendment also will be revisited in two years. The tents are limited to 120 square feet.

The board is expected to approve the amendment Oct. 19.

Village Manager Joe Breinig said the board considered both sides of the argument before moving forward.

"The difficult situation is balancing the needs of local businesses with the concerns of the fire department," he said.

Flip Flops opened Nov. 14, 2007. Sabalaskey said he had hoped to build a permanent structure over the fenced-off, 625-square-foot patio area on the building's west side but did not have the time or money to do so this year. He said the amendment will allow the restaurant and bar to keep its smoking customers while not violating any state law.

"This is going to be big for us," he said. "We are very pleased. The city was fantastic."