Carol Stream smoking fire code amended

A change to the Carol Stream fire code which eases restrictions on smoking in structures outside bars and restaurants received support from a somewhat unlikely source Monday: firefighter and village Trustee Greg Schwarze.

But his vote came after he and fellow trustees had to defend themselves against accusations of putting money before safety.

"I wouldn't do anything that would compromise the safety of the people of this village," Schwarze said.

Schwarze also only agreed to the amendment, which passed 5-1 with Trustee Don Weiss being the lone dissenting vote, after language was included that does not allow furniture in the part-time structures.

The amendment will take effect Nov. 1 and will be good through Oct. 31, 2010, and was made as a response to a request by Flip Flops Tiki Bar and Grill owner Bob Sabalaskey.

Sabalaskey has installed temporary structures the two winters since opening the bar Nov. 14, 2007.

Carol Stream resident Suzanne Hlotke adamantly opposed the amendment and accused board members of not using the same criteria when dealing with different issues.

She said safety had been used as a reason to install red-light cameras at certain intersections as well as to increase seat belt enforcement. And now, she said, safety had been tossed aside.

"It's hypocritical," she said. "When it's good for them, they do things they want to do. But when it comes to residents, it's nothing but a money grab."

But Village President Frank Saverino said Sabalaskey and his partners are Carol Stream residents who would not endanger others just to make a quick buck.

"While they are the owners of Flip Flops, they're our neighbors at the same time," he said in his closing remarks. "I don't think they would put anything up that would jeopardize anybody."

Sabalaskey has been allowed to use the tents both winters since the Illinois Smoke Free Act went into effect Jan. 1, 2008. Under the amendment, which previously prohibited smoking in any "tents, canopies, or other membrane structures," any structure must be constructed from flame-retardant material and must meet National Fire Protection Association standards. Also, the change limits the structures to 120 square feet.