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Public Act 101-0082


 

Public Act 0082 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0082
 
HB0105 EnrolledLRB101 02931 AWJ 47939 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Fire Investigation Act is amended by
changing Sections 6, 6.1, 7, 8, 9, 9a, 9b, 9e, 9f, 12, 13, and
13.1 and by adding Sections 3, 8a, and 9g as follows:
 
    (425 ILCS 25/3 new)
    Sec. 3. Definitions. In this Act:
    "Chief of the fire department" means the senior fire
officer of a municipal fire department, volunteer fire
department, or fire protection district.
    "Local authority having jurisdiction" means a unit of local
government or fire protection district located within the
State.
    "Local fire prevention and life safety standards" means the
fire prevention and life safety standards adopted by a local
authority having jurisdiction.
    "Local officers" means the officers responsible for fire
and building code enforcement within their unit of local
government or fire protection district.
    "Notice" means a notice of violation issued to an owner,
occupant, or other person interested in a premises that
identifies violations of the fire prevention and life safety
rules adopted by the Office.
    "Office" means the Office of the Illinois State Fire
Marshal and its officers, investigators, inspectors, and
administrative employees.
    "Order" means an administrative order issued to an owner,
occupant, or other person interested in a premises that directs
immediate compliance with the fire prevention and life safety
rules adopted by the Office.
    "Owner, occupant, or other person interested in the
premises" means the owner, occupant, or other person with a
legal interest in any building, structure, or the real property
upon which the building or structure is situated.
    "Premises" means any building or structure or the real
property upon which the building or structure is situated.
    "State Fire Marshal" means the Illinois State Fire Marshal
or his or her designee.
 
    (425 ILCS 25/6)  (from Ch. 127 1/2, par. 6)
    Sec. 6. Investigation and record of fires; Office of the
State Fire Marshal.
    (a) The chief of the fire department of every municipality
in which a fire department is established and the fire chief of
every legally organized fire protection district shall
investigate the cause, origin and circumstances of every fire
occurring in a such municipality or fire protection district,
or in any area or on any property which is furnished fire
protection by the fire department of such municipality or fire
protection district, by which property has been destroyed or
damaged, and shall especially make investigation as to whether
such fire was the result of carelessness or design. Such
investigation shall be begun within two days, not including
Sunday, of the occurrence of such fire, and the Office of the
State Fire Marshal shall have the right to supervise and direct
such investigation whenever it deems it expedient or necessary.
The officer making investigation of fires occurring in cities,
villages, towns, fire protection districts or townships shall
forthwith notify the Office of the State Fire Marshal and shall
by the 15th of the month following the occurrence of the fire,
furnish to the Office a statement of all facts relating to the
cause and origin of the fire, and such other information as may
be called for in a format approved or on forms provided by the
Office.
    (b) In every case in which a fire is determined to be a
contributing factor in a death, the coroner of the county where
the death occurred shall report the death to the Office of the
State Fire Marshal as provided in Section 3-3013 of the
Counties Code.
    (c) The Office of the State Fire Marshal shall keep a
record of all fires occurring in the State, together with all
facts, statistics and circumstances, including the origin of
the fires, which may be determined by the investigations
provided by this act; such record shall at all times be open to
the public inspection, and such portions of it as the State
Director of Insurance may deem necessary shall be transcribed
and forwarded to him within fifteen days from the first of
January of each year.
    (d) In addition to the reporting of fires, the chief of the
fire department shall furnish to the Office such other
information as the State Fire Marshal deems of importance to
the fire services.
(Source: P.A. 95-224, eff. 1-1-08; 96-1059, eff. 7-14-10.)
 
    (425 ILCS 25/6.1)
    Sec. 6.1. Fire and hazardous material incident reporting
rules Rules. The State Fire Marshal may adopt necessary rules
for the administration of the reporting of fires, hazardous
material incidents, and other incidents or events that the
State Fire Marshal deems of importance to the fire services.
The reporting of such information shall be based upon the
nationally recognized standards of the United States Fire
Administration's National Fire fire Incident Reporting System
(NFIRS NIFRS).
(Source: P.A. 95-224, eff. 1-1-08.)
 
    (425 ILCS 25/7)  (from Ch. 127 1/2, par. 7)
    Sec. 7. Arson investigations; arrests; prosecution. The
Office of the State Fire Marshal shall, when in its opinion
further investigation is necessary, take or cause to be taken
the testimony on oath of all persons supposed to be cognizant
of any facts or to have means of knowledge in relation to the
matter as to which an examination is herein required to be
made, and shall cause the same to be reduced to writing; and if
it shall be of the opinion that there is evidence sufficient to
charge any person with the crime of arson, or with the attempt
to commit the crime of arson, or of conspiracy to defraud, or
criminal conduct in connection with such fire, it shall cause
such person to be arrested and charged with such offense or
either of them, and shall furnish to the proper prosecuting
attorney all such evidence, together with the names of
witnesses and all of the information obtained by it, including
a copy of all pertinent and material testimony taken in the
case.
(Source: P.A. 80-147.)
 
    (425 ILCS 25/8)  (from Ch. 127 1/2, par. 8)
    Sec. 8. Summons, oaths, and affirmations. The Office of the
State Fire Marshal shall have power in any county in the State
of Illinois to summon and compel the attendance of witnesses
before it to testify in relation to any matter which is by the
provision of this Act a subject of inquiry and investigation,
and may require the production of any book, paper or other
document it deems pertinent thereto, and it may require the
prompt disclosure of the beneficiaries of any trust by the
trustee, the disclosure by any named beneficiary of a trust of
all persons who have any direct or indirect interest in the
trust or who derive any direct or indirect benefit therefrom,
the disclosure of a principal by his nominee, and the
disclosure by a corporation of each person who holds 5% or more
of the shares of stock of the corporation. The Office is hereby
authorized and empowered to administer oaths and affirmations
to any persons appearing as witnesses before it, and false
swearing in any manner or proceeding aforesaid is perjury and
shall be punished as such. Any witness who refuses to be sworn,
or who refuses to testify, or disclose any information sought
by the Office to which it is entitled, or who disobeys any
lawful order of the Office, or who fails or refuses to produce
any book, paper or other document touching any matter under
examination, or who is guilty of any contemptuous conduct after
being summoned to appear before the Office to give testimony in
relation to any matter or subject under investigation as
aforesaid, is guilty of a Class A misdemeanor and it shall be
the duty of the State Fire Marshal to make complaint against
the person or persons so refusing to comply with the summons or
order of the State Fire Marshal, before the circuit court in
the county in which the investigation is being had, and upon
the filing of such complaint, such cause shall proceed in the
same manner as other criminal cases. The Office of the State
Fire Marshal shall have the authority at all times of day or
night in the performance of the duties imposed by the
provisions of this Act, to enter upon and examine any building
or premises where any fire has occurred and other buildings and
premises adjoining or near the same. All investigations held by
or under the direction of the Office of the State Fire Marshal
may, in its discretion, be private, and persons other than
those required to be present by the provisions of this Act, may
be excluded from the place where such investigation is held,
and witnesses may be kept separate and apart from each other
and not allowed to communicate with each other until they have
been examined.
(Source: P.A. 80-147.)
 
    (425 ILCS 25/8a new)
    Sec. 8a. Right of entry; examination of witnesses. The
Office shall have the authority at all times of day or night in
the performance of the duties imposed by the provisions of this
Act, to enter upon and examine any building or premises where
any fire has occurred and other buildings and premises
adjoining or near the same. All investigations held by or under
the direction of the Office may, in its discretion, be private,
and persons other than those required to be present by the
provisions of this Act, may be excluded from the place where
such investigation is held, and witnesses may be kept separate
and apart from each other and not allowed to communicate with
each other until they have been examined.
 
    (425 ILCS 25/9)  (from Ch. 127 1/2, par. 9)
    Sec. 9. Inspections, duties, rules, and enforcement. No
person, being the owner, occupant, or other person interested
in the premises 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 other person interested
in the premises 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 flammable
inflammable conditions, which endanger the safety of said
buildings or premises.
    The Office of the State Fire Marshal shall adopt and
promulgate such reasonable fire prevention and life safety
rules as may be necessary to protect the public from the
dangers specified in the preceding paragraph. 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 adopted by the Office under this
Act that is , certified by the State Fire Marshal shall be
received in evidence in all courts of this State with the same
effect as the original.
    Subject to Section 9g, all All local officers charged with
the duty of investigating fires or conducting fire prevention
and life safety inspections 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 life
safety standards that have been determined by the Office to be
equal to or higher than such rules adopted by the Office of the
State Fire Marshal.
    Subject to Section 9g, the The Office of the State Fire
Marshal, and the officers of cities, villages, towns,
townships, municipalities, and fire protection districts by
this Act, charged with the duty of investigating fires or
conducting fire prevention and life safety inspections under
this Act 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 identify 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 person
interested in the premises interested person shall be in
person, by electric transmission, or by registered or certified
mail. If no corrective action is taken by the owner, occupant,
or other person interested in the premises to remove or remedy
the dangerous condition or fire hazard within a reasonable
time, as determined by the Office or the local authority having
jurisdiction, an order shall be served upon the owner,
occupant, or other person interested in the premises directing
that the dangerous condition be removed or remedied
immediately. Service of the order upon the owner, occupant, or
other person interested in the premises shall be in person, by
electronic transmission, 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.)
 
    (425 ILCS 25/9a)  (from Ch. 127 1/2, par. 10)
    Sec. 9a. Appeals and hearings. The owner, occupant, or
other person interested in such building or premises, within 10
days after receiving an order from the Office such notice, may
appeal the order in writing from orders of deputies of the
Office of the State Fire Marshal, to the Office of the State
Fire Marshal. The Office shall thereupon conduct a hearing
pursuant to the Illinois Administrative Procedure Act, as
amended, and the administrative hearing rules adopted by the
Office, and the State Fire Marshal shall either sustain, modify
or revoke the order. If the order is sustained or modified, or
if no appeal is made to the Office, it shall be the duty of the
owner, or occupant, or other person interested in the premises
to immediately comply with such order. The process for appeals
of orders served upon an owner, occupant, or other person
interested in the premises by a local authority having
jurisdiction shall be according to local ordinance.
(Source: P.A. 84-954.)
 
    (425 ILCS 25/9b)  (from Ch. 127 1/2, par. 11)
    Sec. 9b. Administrative review. When an order to remove or
remedy a dangerous condition or fire hazard has been modified
or sustained by the Office of the State Fire Marshal, the
owner, occupant, or other person interested in the premises
person against whom the order has been entered may seek review
in the circuit court of the county in which the property
affected by the order is located, pursuant to the
Administrative Review Law, as amended.
(Source: P.A. 84-1308.)
 
    (425 ILCS 25/9e)  (from Ch. 127 1/2, par. 14)
    Sec. 9e. Penalties; concurrent jurisdiction. A willful
Wilful failure, neglect, or refusal to comply (1) with the
order of the Office of the State Fire Marshal or other officers
after it has become final by reason of failure to prosecute an
appeal as provided by this Act, or (2) with the judgment of the
circuit court sustaining or modifying the order of the Office
is a petty offense, and in the event of a continuance of such
willful wilful failure, neglect, or refusal to comply with such
order, each day's continuance is a separate offense.
    The provisions of Sections 9, 9a, 9b, 9c, 9d and 9e shall
not be construed to affect or repeal any ordinances of any
local authority having jurisdiction municipality relating to
building inspection, fire limits, fire prevention, or safety
standards, but the jurisdiction of the Office of the State Fire
Marshal shall, in such local authorities having jurisdiction
municipalities, be concurrent with that of the local municipal
authorities having jurisdiction.
(Source: P.A. 80-147.)
 
    (425 ILCS 25/9f)
    Sec. 9f. Duties owed to fire fighters. The owner or
occupier of the premises and his or her agents owe fire
fighters who are on the premises in the performance of their
official duties conducting fire investigations or inspections
or responding to fire alarms or actual fires on the premises a
duty of reasonable care in the maintenance of the premises
according to applicable fire safety codes, regulations,
ordinances, and generally applicable safety standards,
including any decisions by the Illinois courts. The owner or
occupier of the premises and his or her agents are not relieved
of the duty of reasonable care if the fire fighter is injured
due to the lack of maintenance of the premises in the course of
responding to a fire, false alarm, or his or her inspection or
investigation of the premises.
    For purposes of this Section, the term "premises" means any
building or structure or the real property upon which the
building or structure is situated.
    This Section applies to all causes of action that have
accrued, will accrue, or are currently pending before a court
of competent jurisdiction, including courts of review.
(Source: P.A. 93-233, eff. 7-22-03.)
 
    (425 ILCS 25/9g new)
    Sec. 9g. Applicability within home rule units. The
provisions of Sections 9, 9a, 9b, and 9e of this Act do not
apply within the geographical boundaries of home rule units
that have adopted fire prevention and life safety standards by
local ordinance, except with respect to State-owned buildings
or State licensed facilities. Nothing in this Act prohibits any
home rule unit from voluntarily adopting, in their entirety,
the fire prevention and life safety rules adopted by the Office
and enforcing those rules concurrently with the Office. Nothing
in this Act prohibits the Office from inspecting State-owned
buildings or State licensed facilities that are located within
the geographical boundaries of home rule units.
 
    (425 ILCS 25/12)  (from Ch. 127 1/2, par. 16)
    Sec. 12. Insurance assessment. Every fire insurance
company, whether upon the stock or mutual plan, and every other
personal or business entity doing any form of fire insurance
business in the State of Illinois, shall pay to the Department
of Insurance in the month of March, such amount as may be
assessed by the Department of Insurance, which may not exceed
1% of the gross fire, sprinkler leakage, riot, civil commotion,
explosion and motor vehicle fire risk premium receipts of such
company or other entity from such business done in the State of
Illinois during the preceding year, and shall make an annual
report or statement under oath to the Department specifying the
amount of such premiums received during the preceding year. The
Department of Insurance shall pay the money so received into
the Fire Prevention Fund, to be used as specified in Section
13.1 of this Act.
(Source: P.A. 85-718.)
 
    (425 ILCS 25/13)  (from Ch. 127 1/2, par. 17)
    Sec. 13. Insurance assessment penalties. Every company,
firm, co-partnership, association or aggregation of
individuals, or body of persons insuring each other, or their
agents, representatives, or attorneys in fact, who shall refuse
or neglect to comply with the requirements of Section 12 of
this Act, is liable, in addition to the amount due, for such
penalty and interest charges as are provided for under Section
412 of the "Illinois Insurance Code". The Director through the
Attorney General, may institute an action in the name of the
People of the State of Illinois, in any court of competent
jurisdiction for the recovery of the amount of such taxes and
penalties due, and prosecute the same to final judgment, and
take such steps as are necessary to collect the same. If such
violation is by a company, association, co-partnership or
aggregation of individuals licensed to do business in the State
of Illinois, such license may be revoked by the Department of
Insurance.
(Source: P.A. 83-43.)
 
    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)
    Sec. 13.1. Fire Prevention Fund.
    (a) There shall be a special fund in the State Treasury
known as the Fire Prevention Fund.
    (b) The following moneys shall be deposited into the Fund:
        (1) Moneys received by the Department of Insurance
    under Section 12 of this Act.
        (2) All fees and reimbursements received by the Office
    of the State Fire Marshal.
        (3) All receipts from boiler and pressure vessel
    certification, as provided in Section 13 of the Boiler and
    Pressure Vessel Safety Act.
        (4) Such other moneys as may be provided by law.
    (c) The moneys in the Fire Prevention Fund shall be used,
subject to appropriation, for the following purposes:
        (1) Of the moneys deposited into the fund under Section
    12 of this Act, 12.5% shall be available for the
    maintenance of the Illinois Fire Service Institute and the
    expenses, facilities, and structures incident thereto, and
    for making transfers into the General Obligation Bond
    Retirement and Interest Fund for debt service requirements
    on bonds issued by the State of Illinois after January 1,
    1986 for the purpose of constructing a training facility
    for use by the Institute. An additional 2.5% of the moneys
    deposited into the Fire Prevention Fund shall be available
    to the Illinois Fire Service Institute for support of the
    Cornerstone Training Program.
        (2) Of the moneys deposited into the Fund under Section
    12 of this Act, 10% shall be available for the maintenance
    of the Chicago Fire Department Training Program and the
    expenses, facilities and structures incident thereto, in
    addition to any moneys payable from the Fund to the City of
    Chicago pursuant to the Illinois Fire Protection Training
    Act.
        (3) For making payments to local governmental agencies
    and individuals pursuant to Section 10 of the Illinois Fire
    Protection Training Act.
        (4) For the maintenance and operation of the Office of
    the State Fire Marshal, and the expenses incident thereto.
        (4.5) For the maintenance, operation, and capital
    expenses of the Mutual Aid Box Alarm System (MABAS).
        (4.6) For grants awarded by the Small Fire-fighting and
    Ambulance Service Equipment Grant Program established by
    Section 2.7 of the State Fire Marshal Act.
        (5) For any other purpose authorized by law.
    (c-5) As soon as possible after April 8, 2008 (the
effective date of Public Act 95-717) this amendatory Act of the
95th General Assembly, the Comptroller shall order the transfer
and the Treasurer shall transfer $2,000,000 from the Fire
Prevention Fund to the Fire Service and Small Equipment Fund,
$9,000,000 from the Fire Prevention Fund to the Fire Truck
Revolving Loan Fund, and $4,000,000 from the Fire Prevention
Fund to the Ambulance Revolving Loan Fund. Beginning on July 1,
2008, each month, or as soon as practical thereafter, an amount
equal to $2 from each fine received shall be transferred from
the Fire Prevention Fund to the Fire Service and Small
Equipment Fund, an amount equal to $1.50 from each fine
received shall be transferred from the Fire Prevention Fund to
the Fire Truck Revolving Loan Fund, and an amount equal to $4
from each fine received shall be transferred from the Fire
Prevention Fund to the Ambulance Revolving Loan Fund. These
moneys shall be transferred from the moneys deposited into the
Fire Prevention Fund pursuant to Public Act 95-154, together
with not more than 25% of any unspent appropriations from the
prior fiscal year. These moneys may be allocated to the Fire
Truck Revolving Loan Fund, Ambulance Revolving Loan Fund, and
Fire Service and Small Equipment Fund at the discretion of the
Office of the State Fire Marshal for the purpose of
implementation of this Act.
    (d) Any portion of the Fire Prevention Fund remaining
unexpended at the end of any fiscal year which is not needed
for the maintenance and expenses of the Office of the State
Fire Marshal or the maintenance and expenses of the Illinois
Fire Service Institute, shall remain in the Fire Prevention
Fund for the exclusive and restricted uses provided in
subsections (c) and (c-5) of this Section.
    (e) The Office of the State Fire Marshal shall keep on file
an itemized statement of all expenses incurred which are
payable from the Fund, other than expenses incurred by the
Illinois Fire Service Institute, and shall approve all vouchers
issued therefor before they are submitted to the State
Comptroller for payment. Such vouchers shall be allowed and
paid in the same manner as other claims against the State.
(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10;
97-114, eff. 1-1-12; 97-901, eff. 1-1-13.)
 
    (425 ILCS 25/10 rep.)
    Section 10. The Fire Investigation Act is amended by
repealing Section 10.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

Effective Date: 1/1/2020