HR0341 98TH GENERAL ASSEMBLY

HR0341 LRB098 12034 GRL 45674 r

HOUSE RESOLUTION

WHEREAS, The Office of the State Fire Marshal is considering adopting rules, under the administrative rules process that is controlled by the Illinois Administrative Procedure Act, that would affect the market prices of many forms of housing constructed throughout Illinois, including the supply of housing aimed at satisfying the needs of first-time homeowners and young families; and

WHEREAS, Much of the housing of Illinois is constructed by small businesses and their workers; "small business" is defined under the Illinois Administrative Procedure Act as those firms with fewer than 50 full-time employees, or having gross annual sales of less than $4 million; and

WHEREAS, The Illinois Administrative Procedure Act (5 ILCS 100/5-30) requires that all of the rules promulgated by State agencies under its umbrella be promulgated with the goal of maximizing the welfare and job-creating ability of Illinois small businesses and preventing damages to their interests; and

WHEREAS, Illinois statutory law recognizes the interest of first-time home buyers and potential first-time home buyers as a stakeholding group, and defines them in law (765 ILCS 77/70(a)); and

WHEREAS, Any rulemaking that imposes unfunded mandates directly upon the homebuilding industry, and indirectly upon first-time home buyers, raises questions and concerns about the ability of the State of Illinois to achieve other pre-existing policy goals; and

WHEREAS, The reported terms of a rulemaking concerning fire sprinklers on residential property, being considered by the Office of the State Fire Marshal as of May 2013, extend well beyond the statutory powers and responsibilities of the Office; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we request that the State Fire Marshal withdraw any pending rulemaking or rulemakings that may be under consideration as of May 2013 that attempt to increase the placement of fire-suppression sprinklers in Illinois residential properties that impose requirements upon the Illinois private sector in a way that goes beyond the statutory powers and duties of the Office and impose an undue burden upon Illinois small businesses and Illinois first-time home buyers, in violation of other statutes within Illinois law; and be it further

RESOLVED, That the Office of the State Fire Marshal is urged, if it seeks to utilize its professional expertise to develop ways and means to increase utilization of fire-safety sprinklers in residential settings, to utilize the statutory legislative process; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the Illinois State Fire Marshal and the Governor.