TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 100 FIRE PREVENTION AND SAFETY

Section 100.1 Introduction

Section 100.2 Definitions

Section 100.3 Title; Jurisdiction; Powers; Responsibility of Owners, Occupants or Lessees; Penalties; Right of Entry; Reference to Documents; Fire Prevention and Safety Standards Equal to or Higher Than this Part

Section 100.4 Building Construction Types (Repealed)

Section 100.5 Fire Areas (Repealed)

Section 100.7 Adoption of NFPA 101, Codes and Standards

Section 100.8 Historic Structures

Section 100.9 More Recent Editions of the Code

Section 100.10 Appeal of an Administrative Action

Section 100.11 Severability

Section 100.110 Modification of NFPA 101 (1985) for Existing Day Care (Repealed)


Section 100.APPENDIX A Modification of Standards Referenced in NFPA 101 (Repealed)


AUTHORITY: Implementing and authorized by Section 9 of the Fire Investigation Act [425 ILCS 25/9].


SOURCE: Illinois Rules and Regulations for Fire Prevention and Safety, amended September 24, 1973; amended January 8, 1974; Rules and Regulations relating to Fireworks filed October 8, 1974; codified at 5 Ill. Reg. 10673; amended at 6 Ill. Reg. 13021, effective December 15, 1982; amended at 7 Ill. Reg. 16399, effective January 1, 1984; amended at 9 Ill. Reg. 1009, effective July 1, 1985; Sections 100.81, 100.82 and 100.85 recodified to 41 Ill. Adm. Code 105.5, 105.10 and 105.20 at 11 Ill. Reg. 5992; Part repealed, new Part adopted at 12 Ill. Reg. 8017, effective August 1, 1988; emergency amendment at 13 Ill. Reg. 582, effective January 3, 1989, for a maximum of 150 days; emergency expired June 2, 1989; amended at 13 Ill. Reg. 12547, effective July 14, 1989; amended at 17 Ill. Reg. 19127, effective November 1, 1993; amended at 20 Ill. Reg. 13086, effective September 20, 1996; amended at 21 Ill. Reg. 8932, effective July 15, 1997; amended at 22 Ill. Reg. 21330, effective December 15, 1998; amended at 25 Ill. Reg. 11919, effective January 1, 2002; amended at 27 Ill. Reg. 3360, effective April 1, 2003; amended at 43 Ill. Reg. 10008, effective January 1, 2020.

 

Section 100.1  Introduction

 

Pursuant to authority conferred upon the Office of the State Fire Marshal (OSFM) by Section 9 of the Fire Investigation Act [425 ILCS 25], this Part is adopted to establish the OSFM requirements for the investigation and prevention of fire and dangerous conditions in and near buildings and other structures.

 

(Source:  Amended at 43 Ill. Reg. 10008, effective January 1, 2020)

 

Section 100.2  Definitions

 

"Act" means the Fire Investigation Act [425 ILCS 25].

 

"Authority Having Jurisdiction" or "AHJ" means the OSFM and local government authorities.

 

"Fire Safety Evaluation System" or "FSES" means a fire risk indexing approach to determining equivalencies to NFPA 101 for certain occupancies.

 

"Life Safety Code" or "NFPA 101" means NFPA 101, Life Safety Code as incorporated by reference in Section 100.7.

 

"Local Government Authorities" means those organizations that are the political governing unit of a county, district or municipality that enforces laws, regulations or ordinances within its specific geographical area.

 

"NFPA" means the National Fire Protection Association.

 

"OSFM" means the Office of the State Fire Marshal.

 

"State Fire Marshal" means the State Fire Marshal, his or her deputies, inspectors or designees.

 

(Source:  Added at 43 Ill. Reg. 10008, effective January 1, 2020)

 

Section 100.3  Title; Jurisdiction; Powers; Responsibility of Owners, Occupants or Lessees; Penalties; Right of Entry; Reference to Documents; Fire Prevention and Safety Standards Equal to or Higher Than this Part

 

a)         Title

This Part shall be known and cited as the Fire Prevention and Safety Rules.

 

b)         Jurisdiction

The provisions of this Part shall apply to localities within Illinois.

 

c)         Powers

 

1)         OSFM is authorized and directed to enforce the provisions of this Part (see subsection (f)).  The State Fire Marshal shall make, or cause to be made, inspections of buildings, structures and premises to determine conformity of those buildings, structures and premises with this Part and to ensure safety to life and property from fire or other emergency requiring evacuation of the building, structure or premises.

 

2)         All local officers charged with the duty of investigating fires shall enforce this Part, under the direction of OSFM, except in those localities that have adopted fire prevention and safety standards equal to or higher than the standards adopted by this Part [425 ILCS 25/9].

 

3)         OSFM will inspect buildings based upon requests from agencies of State and local government, complaints from the public, known or observed violations, potential for loss of lives from fire in given occupancies where statutes or rules mandate inspections by OSFM or where an inspection of a structure or an occupancy is necessary to prevent fire or to minimize the dangers of fire.  The inspections shall be conducted in accordance with this Part, subject to available resources.

 

4)         OSFM shall allow the use of the edition of NFPA 101, Life Safety Code currently adopted by the federal Centers for Medicare and Medicaid Services (CMMS) in occupancies subject to CMMS regulatory authority or reimbursement requirements.

 

5)         Except as otherwise provided by statute or interagency agreement, all State-owned buildings and buildings that fall under the scope of the Fire Sprinkler Dormitory Act [110 ILCS 47] and the Greek Housing Fire Safety Act [110 ILCS 130] are subject to inspection by OSFM and are required to comply with NFPA 101, Life Safety Code (2015) as adopted by this Part.

 

d)         Responsibility of Owners, Occupants or Lessees

It is the responsibility of the owner, occupant or lessee to ensure his or her building and occupancy comply with this Part or a code that provides a degree of fire safety equal to or higher than that required by this Part.

 

e)         Penalties

The penalties for violation of this Part shall be those stated in the Act [425 ILCS 25].

 

f)         Right of Entry

OSFM and the officers of cities, villages, towns, and fire protection districts charged with the duty of investigating fire by the Act shall, under the direction of OSFM, inspect and examine, at reasonable hours, any premises and the building and other structures on that premises to determine whether there are any violations of this Part or of the local ordinances for the protection of life and property from fire or other dangerous condition [425 ILCS 25/9]. Local AHJs are empowered and directed to invoke any provisions of this Part to enforce correction of any condition hazardous to life and property from fire or other emergency.

 

g)         Fire Prevention and Safety Standards Equal to or Higher Than This Part. OSFM may consider codes adopted by local AHJs to be equal to or higher than this Part (as that phrase is used in Section 9 of the Act) when the code meets one or more of the following six criteria:

 

1)         The local AHJ has demonstrated, to the satisfaction of OSFM, that the code adopted by the local AHJ is identical in its entirety to this Part;

 

2)            The local AHJ has demonstrated, to the satisfaction of OSFM, that the code adopted by the local AHJ incorporates every provision of this Part in its entirety, as well as providing more stringent requirements;

 

3)         The local AHJ has demonstrated, to the satisfaction of OSFM, that the code adopted by the local AHJ incorporates a subsequent edition of NFPA 101, Life Safety Code in its entirety (see Section 100.9);

 

4)         The code adopted by the local AHJ is the subject of an agreement between that local AHJ and OSFM in which OSFM has attested to the fact that the local AHJ's code is equal to or higher than this Part;

 

5)            The model codes, listed in subsections (g)(5)(A) and (B) when adopted in their entirety by a unit of local government, will be considered as providing equivalent fire safety.  The unit of local government may amend its adoption limited to all or part of the modifications found in 41 Ill. Adm. Code 100.7(c).

 

A)        For new occupancies or construction:

 

i)          Local jurisdictions that have adopted and enforce the International Code Council's International Building Code and International Fire Code; 2012 edition, 2015 edition, or 2018 edition.

 

ii)         Local jurisdictions that have adopted and enforce NFPA 5000; 2012 edition, 2015 edition, or 2018 edition.

 

B)        For existing occupancies or buildings:

 

i)          Occupancies in those local jurisdictions that were constructed and maintained in accordance with the International Code Council's International Building Code and International Fire Code; 2000, 2003, 2006, 2009, 2012, 2015, or 2018 edition.

 

ii)         Occupancies in those local jurisdictions that were constructed and maintained in accordance with NFPA 5000; 2003, 2006, 2009, 2012, 2015, or 2018 edition; or

 

6)            The local AHJ has otherwise demonstrated, to the satisfaction of OSFM, that its local code is equal to or higher than this Part, based upon all of the following factors:

 

A)        The Chief local official charged with the duty of investigating fires under the Act affirmatively asserts in writing that the local authority uses a fire and life safety code that, in its entirety, is equivalent with this Part when viewed holistically;

 

B)        OSFM concurs that the local authority uses a fire and life safety code that, in its entirety, is equivalent with this Part when viewed holistically;

 

C)        The local authority has a dedicated fire prevention inspection capability;

 

D)        The local authority has its own dedicated administrative enforcement capability; and

 

E)        The local authority has its own dedicated civil/criminal enforcement capability.

 

(Source:  Amended at 43 Ill. Reg. 10008, effective January 1, 2020)

 

Section 100.4  Building Construction Types (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 11919, effective January 1, 2002)

 

Section 100.5  Fire Areas (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 11919, effective January 1, 2002)

 

Section 100.7  Adoption of NFPA 101, Codes and Standards

 

a)         OSFM hereby adopts the nationally-recognized standards, codes and guides listed as incorporated standards in subsection (b), subject to OSFM modifications listed in subsection (c). Standards incorporated by reference in this Part do not include any later editions or amendments, unless explicitly stated otherwise in this Part.

 

b)         Incorporated Standards

National Fire Protection Association

Batterymarch Park

Quincy MA 02269

 

NFPA 101, Life Safety Code (2015) (adopted in its entirety, subject to the OSFM modifications in subsection (c)).

 

NFPA 101, Life Safety Code (2000) (only to the extent cited in subsections (c)(1), (c)(2) and (c)(6)).

 

NFPA 101A, Guide on Alternative Approaches to Life Safety (2016).

 

NFPA 101A, Guide on Alternative Approaches to Life Safety (2001) (only to the extent cited in subsection (c)(1)).

 

NFPA 914, Code for Fire Protection of Historic Structures (2010) (only to the extent cited in Section 100.8).

 

NFPA 80, Standard for Fire Doors and Other Opening Protectives (2013) (only to the extent cited in subsection (c)(10)(I)).

 

NFPA 1, Fire Code (2015) (only to the extent cited in subsection (c)(11)).

 

c)         Modifications to the Life Safety Code

 

1)         High Rise Buildings

All existing high rise buildings, as defined in NFPA 101, Life Safety Code (all applicable Sections), shall comply with the sprinkler requirements prescribed in the 2000 edition of NFPA 101, Life Safety Code, effective January 1, 2002. Use of a Fire Safety Evaluation System (FSES) for compliance with this Section must adhere to NFPA 101A, Guide on Alternative Approaches to Life Safety (2001).

 

2)         Assembly Occupancies

All existing assembly occupancies, as defined in NFPA 101 (Chapter 13), shall comply with the sprinkler requirements prescribed in the 2000 edition of NFPA 101, Life Safety Code, effective January 1, 2002.

 

3)         Day Care Occupancies

 

A)        Child Care Facilities (see the Child Care Act of 1969 [225 ILCS 101])

 

i)          For purposes of determining the occupancy subclassification of a day care facility, the current version of the following Department of Children and Family Services rules will be applied: 89 Ill. Adm. Code 406, 407 and 408. This is applicable to licensed and nonlicensed facilities.

 

ii)         Child-to-staff ratios in day care facilities shall comply with 89 Ill. Adm. Code 406, 407 and 408 and with the Child Care Act of 1969 [225 ILCS 10].  Any conflicting provisions of NFPA 101, Life Safety Code are inapplicable to day care facilities.

 

iii)        In day care homes in which clients occupy a level below the level of exit discharge, means of escape shall be provided in accordance with either the applicable requirements of NFPA 101, Life Safety Code (2015) or with one of the following:

 

•           If a means of escape discharging directly to the outside at the basement level is not provided, requiring occupants to traverse another level of the home to exit, the path of escape through the level of exit discharge shall be separated from the remainder of that level of the home by construction providing a minimum fire resistance rating of 1-hour; or

 

•           The home shall be equipped with smoke alarms permanently powered by the building's electrical system and wired so that the actuation of one smoke alarm will actuate all the smoke alarms in the dwelling. At least one such smoke alarm shall be located on each level of the occupancy (excluding unoccupied attics and crawl spaces), and the path of escape through the level of exit discharge (from the basement door to the exterior door of the home) must be protected by automatic fire sprinklers. Listed residential sprinklers shall be used and the installation shall be made in accordance with 41 Ill. Adm. Code 109 and codes and standards referenced in that Part.

 

B)        Windows for Rescue in Existing Day Care Centers

Windows for rescue required by NFPA 101, Life Safety Code (2015), Section 17.2.11.1, are not required for existing day care centers.

 

C)        Day Care Homes − New and Existing

Day care homes shall be defined as new and existing based on the date the original home construction was completed and available for residency.

 

D)        Smoke Detection in Corridors Outside Day Care Homes Located Within a Building of Another Occupancy

A smoke alarm system installed as prescribed in this subsection (c)(3)(D) shall be permitted to be used in day care homes located within a building of another occupancy in lieu of a smoke detection system connected to a fire alarm system as required by NFPA 101, Life Safety Code (2015), Sections 16.6.3.4.2 and 17.6.3.4.2:

 

i)          Smoke alarms connected to the building's electric shall be installed in accordance with proper coverage standards in the corridor serving the day care home.

 

ii)         Smoke alarms connected to the building's electric shall be installed in accordance with proper coverage standards within the day care home (see NFPA 101, Life Safety Code (2015)), Section 16.6.3.4 for new day care homes and Section 17.6.3.4 for existing day care homes) as well as within 15 ft of all sleeping rooms. NFPA 101, Life Safety Code (2015), Section 17.6.3.4.4 shall not be permitted to be used.

 

iii)        All smoke alarms regulated by subsections (c)(3)(D)(i) and (ii) will be arranged so that operation of any smoke alarm shall cause all smoke alarms within the corridor and the day care home to sound.

 

4)         One- and Two-Family Dwellings

NFPA 101, Life Safety Code (2015), Chapter 24 (One- and Two-Family Dwellings) is adopted as recommended guidelines only, except when referenced as being required for compliance with this Part.

 

5)         Communicating Spaces

Corridors shall not be required to be separated from communicating spaces as required in NFPA 101, Life Safety Code (2015), Section 8.6.6, in new or existing occupancies, provided all of the following criteria are met:

 

A)        The arrangement complies with all other requirements of Section 8.6.6(4), including, if applicable, 8.6.6(4)(b);

 

B)        The building is protected throughout by an approved automatic sprinkler system; and

 

C)        Two means of egress are provided to occupants of the building on each floor that is served by the communicating opening that do not require the use of the stairway located within the communicating space, as defined in NFPA 101, Section 8.6.6.

 

6)         Mixed Occupancies

All existing mixed occupancies, as defined by NFPA 101, Life Safety Code, shall, at minimum, continue to comply with the requirements of Section 6.1.14 of NFPA 101, Life Safety Code (2000), effective January 1, 2002, but shall also be permitted to comply with the requirements of Section 6.1.14 of NFPA 101, Life Safety Code (2015).

 

7)         Determination of "Story" in Occupancies

The criteria for what a "story level" is, as found in NFPA 101, Life Safety Code (2015), Section 16.1.1.8 and 17.1.1.8 are permitted to be used for all occupancies found in NFPA 101, Life Safety Code (2015).

 

8)         Use of NFPA 101A for Apartment Building Occupancies

NFPA 101A, Guide on Alternative Approaches to Life Safety (2016), Sections 7.6 and 7.7, may be used to demonstrate equivalent protection in apartment buildings, regardless of whether they contain board and care occupancies or house board and care clients receiving personal care services.

 

9)         Means of Egress Design to Travel to Direct Exits and Travel to Windows for Rescue in Educational Occupancies and Day Care Centers

Travel to exits or to windows for rescue shall be permitted as follows in educational occupancies and day care centers:

 

A)        Travel directly from one room through adjoining rooms to reach an exit without entering a corridor may be permitted as long as the travel distance does not exceed 150 ft and doors located between the rooms are not locked or obstructed and other requirements found in NFPA 101, Life Safety Code (2015) are met.

 

B)        Travel directly from one room through adjoining rooms without entering a corridor to reach a window for rescue may be permitted as long as the travel distance does not exceed 75 ft and doors located between the rooms are not locked or obstructed and other requirements found in NFPA 101, Life Safety Code (2015) are met.

 

C)        Travel may be considered to be within a single room if two or more rooms are connected using openings that are at least 60 inches in clear width without any doors.

 

10)        Door Locking to Prevent Unwanted Entry

Occupancies shall be permitted to provide locking to prevent unwanted entry as long as all of the following requirements are met:

 

A)        The locking means is approved and complies with NFPA 101, Life Safety Code (2015);

 

B)        The locking means can be engaged without opening the door;

 

C)        The unlocking and unlatching from the occupied side of the door can be accomplished without the use of a key or tool;

 

D)        For existing occupancies only, the unlocking and unlatching requires not more than two releasing operations.  For new occupancies, unlocking and unlatching requires no more than one releasing operation;

 

E)        The unlocking and unlatching means are mounted at a height not exceeding 48 inches above the finished floor;

 

F)         Locks, if remotely engaged, can be unlocked from the occupied side;

 

G)        The door is capable of being unlocked and opened from outside the room by staff with the necessary key or other credential;

 

H)        The locking means does not modify the door closer, panic hardware, or fire exit hardware;

 

I)         Modifications to fire door assemblies, including door hardware, shall be in accordance with NFPA 80, Standard for Fire Doors and Other Opening Protectives (2013);

 

J)         The emergency response plan addresses the use of the locking and unlocking means from within and outside the room;

 

K)        Staff is drilled in the engagement and release of the locking means, from within and outside the room, as part of the emergency response plan; and

 

L)        If doors are replaced, the new door shall comply with unlocking and unlatching that does not require more than one releasing operation.

 

11)        Use of Combustible Vegetation in Buildings

Combustible vegetation within buildings shall comply with NFPA 1, Fire Code (2015), Section 10.13.

 

12)        Windows for Rescue and Windows Used as a Secondary Means of Escape

Where windows for rescue are required or where they are used as a secondary means of escape, the bottom sill of the window shall be not more than 44 inches above the floor as required by NFPA 101, Life Safety Code (2015), or a permanently fixed stair or ramp shall be installed at the window to allow occupants to be within 44 inches of the bottom window sill when standing atop the stair or ramp. The stair or ramp shall be at least the width of the window or a minimum of 36 inches in width, whichever is larger.

 

13)        Size and Access to Secondary Means of Escape

If a window is used as a secondary means of escape as permitted by NFPA 101, Life Safety Code (2015) and the size is not in accordance with NFPA 101, Life Safety Code (2015), the owner or operator of the facility using this window as a secondary means of escape must demonstrate to an on-site representative of OSFM that all occupants (staff and clients) can escape through the window to the exterior of the facility in 3 minutes or less.

 

d)         The materials incorporated by this Section are on file with OSFM at the following locations:

 

1035 Stevenson Drive

Springfield IL 62703-4259

 

James R. Thompson Center

100 W. Randolph Street, Ste. 4-600

Chicago IL 60601

 

(Source:  Amended at 43 Ill. Reg. 10008, effective January 1, 2020)

 

Section 100.8  Historic Structures

 

Owners, operators or other responsible parties of a historic structure, as defined in NFPA 914, Code for Fire Protection of Historic Structures (2010), may elect to comply with NFPA 914 (2010).

 

(Source:  Added at 43 Ill. Reg. 10008, effective January 1, 2020)

 

Section 100.9  More Recent Editions of the Code

 

Use of a newer edition of NFPA 101, Life Safety Code in its entirety will be considered equivalent to use of NFPA 101, Life Safety Code (2015) and may be considered by OSFM to be equal to or higher than this Part, as required by Section 100.3(g)(3).

 

(Source:  Added at 43 Ill. Reg. 10008, effective January 1, 2020)

 

Section 100.10  Appeal of an Administrative Action

 

a)         Any person aggrieved by a decision or order of OSFM may, as a matter of right, appeal that action.

 

b)         Appeals from a decision or order of OSFM shall be instituted by filing a written request for a hearing, in the format required by 41 Ill. Adm. Code 210, no later than 10 days following receipt of the decision or order of OSFM. Requests will be deemed to be timely if they are postmarked no later than the time period allowed.

 

c)         All appeal requests under this Part shall be mailed to:

 

Office of the State Fire Marshal

Division of Fire Prevention

1035 Stevenson Drive

Springfield IL  62703

 

(Source:  Added at 43 Ill. Reg. 10008, effective January 1, 2020)

 

Section 100.110  Modification of NFPA 101 (1985) for Existing Day Care (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 11919, effective January 1, 2002)


Section 100.APPENDIX A   Modification of Standards Referenced in NFPA 101 (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 11919, effective January 1, 2002)