HB4342sam001 94TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 3/21/2006

09400HB4342sam001 LRB094 12779 LCT 57187 a

AMENDMENT TO HOUSE BILL 4342

AMENDMENT NO. ______. Amend House Bill 4342 by replacing everything after the enacting clause with the following:

"Section 5. The Mobile Home Park Act is amended by adding Section 9.15 as follows:

(210 ILCS 115/9.15 new)

Sec. 9.15. Fire safety.

(a) Each mobile home park shall be inspected annually pursuant to the applicable mobile home park fire protection standards. The inspection shall be conducted by the municipal fire department or fire protection district that has jurisdictional responsibility for responding to a fire call in that park.

If, upon inspection, the municipal fire department or fire protection district finds that a park does not meet the applicable fire protection standards as determined by the Department of Public Health, the municipal fire department or fire protection district shall, within 3 days, give a written notice of violation to the licensee and to the Department of Public Health of any violation or required modification or repair. The licensee shall have 14 days after receipt of the written notice to correct the violation or submit a plan for correction, repair, or modification to the Department.

No less than 60 days after the receipt of the notice by the licensee, the municipal fire department or fire protection district shall reinspect the park and issue a written reinspection report to the licensee and the Department of Public Health concerning the status of the licensee's compliance with the notice and whether any violation still exists. If the municipal fire department or fire protection district determines on reinspection that a licensee has not complied with the notice or that the compliance is not complete, the municipal fire department or fire protection district shall notify in writing, within 3 days, the Department of Public Health and the licensee. Upon receipt of the notice, the Department shall conduct an administrative hearing pursuant to the Illinois Administrative Procedure Act to determine what action, if any, is required to comply with the notice and by what date compliance must occur.

If a licensee fails to comply with the requirements as put forth in the administrative hearing order then the Department shall notify the appropriate municipal attorney or State's Attorney of the licensee's failure to comply with the administrative hearing order and shall deliver to that attorney for purposes of enforcement under this Section copies of all written notices and reports concerning the violation.

(b) A licensee who knowingly rents or offers for rent a mobile home or mobile home lot in violation of the administrative hearing order without correcting the violation is guilty of a petty offense. The penalty shall be a civil penalty of not more than $500 per day of violation. The first day of violation for purposes of assessing a civil penalty shall be the date that the licensee fails to conform with the compliance date as set forth in the administrative hearing order.

(c) As used in this Section, "applicable mobile home park fire protection standards" means the rules adopted by the Department of Public Health for fire safety in mobile home parks.

(d) Notwithstanding Section 26 of this Act, the regulation of fire safety in a mobile home park is an exclusive power and function of the State. A home rule unit may not regulate the legal rights, remedies, and obligation of a licensee under this Section. This Section is a denial and limitation under subsection (h) of Section 6 of Article VII of the Illinois Constitution.".