HB4609ham001 98TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 3/24/2014

09800HB4609ham001 LRB098 18254 RPS 57527 a

AMENDMENT TO HOUSE BILL 4609

AMENDMENT NO. ______. Amend House Bill 4609 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Task Force on Fire Prevention and Fire Safety Education Act.

Section 5. Findings. The General Assembly finds that the desire to maintain and enhance fire prevention and safety standards is a primary concern to the General Assembly.

Section 10. The Task Force on Fire Prevention and Fire Safety Education.

(a) There is created the Task Force on Fire Prevention and Fire Safety Education housed within the Office of the Governor consisting of the following members:

(1) one member of the Senate appointed by the President of the Senate, who shall serve as a co-chairperson of the Task Force;

(2) one member of the Senate appointed by the Minority Leader of the Senate;

(3) one member of the House of Representatives appointed by the Speaker of the House of Representatives, who shall serve as a co-chairperson of the Task Force;

(4) one member of the House of Representatives appointed by the Minority Leader of the House of Representatives;

(5) two members of the general public appointed by the Governor;

(6) one member appointed by the Illinois State Fire Marshal;

(7) one member appointed by the Governor, nominated by a statewide association representing fire chiefs;

(8) one member appointed by the Governor, nominated by a statewide association representing firefighters;

(9) one member appointed by the Governor, nominated by a northern Illinois advisory board focused on fire sprinkler education;

(10) one member appointed by the Governor, nominated by the Joint Labor and Management Committee (JLMC) created under the Fire Department Promotion Act;

(11) one member appointed by the Mayor of the City of Chicago;

(12) one member appointed by the Governor, nominated by a statewide organization representing municipalities;

(13) one member appointed by the Governor, nominated by a statewide association representing realtors;

(14) one member appointed by the Governor, nominated by a statewide association representing home construction contractors;

(15) one member appointed by the Governor, nominated by a statewide association representing the pipe trades;

(16) one member appointed by the Governor, nominated by a single statewide organization representing condominium, townhouse, and homeowner associations;

(17) one member appointed by the Governor, nominated by a Chicago-based organization of building owners and managers;

(18) one member appointed by the Governor, nominated by an association representing apartment building owners and managers in the Chicago area;

(19) one member appointed by the Governor, nominated by a statewide association representing the insurance trade; and

(20) one member appointed by the Executive Director of the Illinois Finance Authority.

(b) All appointments to the Task Force shall be made within 60 days after the effective date of this Act.

(c) Vacancies in the Task Force shall be filled by their respective appointing authorities within 30 days after the vacancy occurs.

(d) The members shall serve without compensation.

(e) The Task Force shall receive the assistance of the Office of the Governor, may employ skilled experts with the approval of the co-chairpersons and subject to appropriation, and shall receive the cooperation of any State agencies it deems appropriate to assist the Task Force in carrying out its duties.

(f) The members of the Task Force shall be considered members with voting rights. A quorum of the Task Force shall consist of a simple majority of the members of the Task Force.

(g) The Task Force shall meet initially at the call of the co-chairpersons, no later than 90 days after the effective date of this Act, and shall thereafter meet at the call of the co-chairpersons.

(h) The Office of the State Fire Marshal shall provide administrative and other support to the Task Force.

Section 15. Duties of the Task Force.

(a) The Task Force shall research, analyze, and consider:

(1) the benefits of legislation requiring fire sprinkler systems in homes, places of employment, and high-rise buildings;

(2) the costs and benefits of fire sprinkler systems, hard-wired smoke detectors, and public education about fire drills and other prevention education measures;

(3) actions of other states pertaining to fire sprinklers;

(4) actions of units of local government pertaining to fire sprinkler mandates and other options or alternatives to mandates;

(5) insurance benefits and discounts for structures with fire sprinkler systems;

(6) code conflicts and interpretations between State agencies and units of local government;

(7) collaboration by governmental bodies to explore assistance options available to property owners and renters wishing to install fire sprinkler systems; and

(8) legislative recommendations to the General Assembly.

(b) On or before July 15, 2015, the Task Force shall summarize its findings and recommendations in a report to the General Assembly.

Section 20. Repealer. This Act is repealed on July 15, 2016.

Section 900. The Fire Sprinkler Contractor Licensing Act is amended by adding Section 125 as follows:

(225 ILCS 317/125 new)

Sec. 125. Fire sprinkler systems. Except as provided in this Act, the Office of the State Fire Marshal may not adopt rules imposing new statewide mandates or changes to existing or future statewide mandates requiring the installation of fire sprinkler systems in specific types of buildings or other structures after the effective date of this amendatory Act of the 98th General Assembly. However, nothing in this Section shall prohibit the Office of the State Fire Marshal from imposing new statewide mandates or changes to existing or future statewide mandates requiring the installation of fire sprinkler systems in specific types of buildings or other structures by means of a bill passed by the General Assembly. This Section shall not be construed to otherwise limit the authority of the Office of the State Fire Marshal under this Act. This Section shall not be construed to limit the authority of municipalities, counties, or other units of local government to regulate fire sprinkler systems, including, but not limited to, the authority granted under the Counties Code, the Illinois Municipal Code, or the Township Code.

Section 905. The Fire Investigation Act is amended by changing Section 9 as follows:

(425 ILCS 25/9) (from Ch. 127 1/2, par. 9)

Sec. 9. No person, being the owner, occupant or lessee of any building or other structure which is so occupied or so situated as to endanger persons or property, shall permit such building or structure by reason of faulty construction, age, lack of proper repair, or any other cause to become especially liable to fire, or to become liable to cause injury or damage by collapsing or otherwise. No person, being the owner, occupant or lessee of any building, or structure, shall keep or maintain or allow to be kept or maintained on such premises, combustible or explosive material or inflammable conditions, which endanger the safety of said buildings or premises.

The Office of the State Fire Marshal shall adopt and promulgate such reasonable rules as may be necessary to protect the public from the dangers specified in the preceding paragraph. Except as otherwise provided in this Section, such Such rules shall require the installation, inspection or maintenance of necessary fire extinguishers, fire suppression systems, chemical fire suppression systems and fire alarm and protection devices. A copy of any rule, certified by the State Fire Marshal shall be received in evidence in all courts of this State with the same effect as the original.

Except as provided in this Act, the Office of the State Fire Marshal may not adopt rules imposing new statewide mandates or changes to existing or future statewide mandates requiring the installation of fire sprinkler systems in specific types of buildings or other structures after the effective date of this amendatory Act of the 98th General Assembly. However, nothing in this paragraph shall prohibit the Office of the State Fire Marshal from imposing new statewide mandates or changes to existing or future statewide mandates requiring the installation of fire sprinkler systems in specific types of buildings or other structures by means of a bill passed by the General Assembly. This paragraph shall not be construed to otherwise limit the authority of the Office of the State Fire Marshal under the Fire Sprinkler Contractor Licensing Act. This paragraph shall not be construed to limit the authority of municipalities, counties, or other units of local government to regulate fire sprinkler systems, including, but not limited to, the authority granted under the Counties Code, the Illinois Municipal Code, or the Township Code. For purposes of this paragraph, "fire sprinkler system" has the meaning provided in Section 10 of the Fire Sprinkler Contractor Licensing Act.

All local officers charged with the duty of investigating fires shall enforce such rules, under the direction of the Office of the State Fire Marshal, except in those localities which have adopted fire prevention and safety standards equal to or higher than such rules adopted by the Office of the State Fire Marshal.

The Office of the State Fire Marshal, and the officers of cities, villages, towns and fire protection districts by this Act, charged with the duty of investigating fire, shall, under the direction of the Office of the State Fire Marshal, inspect and examine at reasonable hours, any premises, and the buildings and other structures thereon, and if, such dangerous condition or fire hazard is found to exist contrary to the rules herein referred to, or if a dangerous condition or fire hazard is found to exist as specified in the first paragraph of this Section, and the rules herein referred to are not applicable to such dangerous condition or fire hazard, shall order the dangerous condition removed or remedied, and shall so notify the owner, occupant or other person interested in the premises. Service of the notice upon the owner, occupant or other interested person shall be in person or by registered or certified mail.

The amendatory Act of 1975 is not a limit on any home rule unit.

(Source: P.A. 85-1434.)

Section 999. Effective date. This Act takes effect upon becoming law.".