HB4601 104TH GENERAL ASSEMBLY

LRB104 16332 RTM 29719 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4601

Introduced 2/3/2026, by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

20 ILCS 2905/2	from Ch. 127 1/2, par. 2
70 ILCS 705/29 new

Amends the Fire Protection District Act. Provides that a fire protection district organized under the Act may appeal to the State Fire Marshal if a county denies a request for multiple access points to a new fire station. Provides that the fire protection district shall provide the State Fire Marshal with evidence of why multiple access point are required. Provides that the county may offer evidence to the State Fire Marshal that shows the specific reasons for denying a request for multiple access points. Provides that, unless the State Fire Marshal approves of the fire protection district's appeal, the county retains full authority over access points. Provides that neither the county or the fire protection district may appeal the State Fire Marshal's decision. Amends the State Fire Marshal Act. Requires the State Fire Marshal to issue a binding decision on a fire protection district's appeal under the Fire Protection District Act within 90 days of receiving the appeal, unless the Fire Marshal requests additional information.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Fire Marshal Act is amended by changing Section 2 as follows:

(20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)

Sec. 2. The Office shall have the following powers and duties:

1. To exercise the rights, powers and duties which have been vested by law in the Illinois State Police as the successor of the Department of Public Safety, State Fire Marshal, inspectors, officers and employees of the State Fire Marshal, including arson investigation. Arson investigations conducted by the State Fire Marshal's Office shall be conducted by State Fire Marshal Arson Investigator Special Agents, who shall be peace officers as provided in the Peace Officer Fire Investigation Act.

2. To keep a record, as may be required by law, of all fires occurring in the State, together with all facts, statistics and circumstances, including the origin of fires.

3. To exercise the rights, powers and duties which have been vested in the Illinois State Police by the Boiler and Pressure Vessel Safety Act.

4. To administer the Illinois Fire Protection Training Act.

5. To aid in the establishment and maintenance of the training facilities and programs of the Illinois Fire Service Institute.

6. To disburse Federal grants for fire protection purposes to units of local government.

7. To pay to or in behalf of the City of Chicago for the maintenance, expenses, facilities and structures directly incident to the Chicago Fire Department training program. Such payments may be made either as reimbursements for expenditures previously made by the City, or as payments at the time the City has incurred an obligation which is then due and payable for such expenditures. Payments for the Chicago Fire Department training program shall be made only for those expenditures which are not claimable by the City under "An Act relating to fire protection training", certified November 9, 1971, as amended.

8. To administer grants to areas not located in a fire protection district or in a municipality which provides fire protection services, to defray the organizational expenses of forming a fire protection district.

9. In cooperation with the Illinois Environmental Protection Agency, to administer the Illinois Leaking Underground Storage Tank program in accordance with Section 4 of this Act and Section 22.12 of the Environmental Protection Act.

10. To expend state and federal funds as appropriated by the General Assembly.

11. To provide technical assistance, to areas not located in a fire protection district or in a municipality which provides fire protection service, to form a fire protection district, to join an existing district, or to establish a municipal fire department, whichever is applicable.

12. To exercise such other powers and duties as may be vested in the Office by law.

13. To issue a binding decision on a fire protection district's appeal under Section 29 of the Fire Protection District Act that balances emergency response needs with the reasoning of the county within 90 days of receiving the appeal, unless the Fire Marshal requests additional information. If the Fire Marshal requests additional information, then the Fire Marshal shall issue the decision within 90 days of receiving the requested information. The Fire Marshal shall conduct a site visit before issuing a final decision.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 10. The Fire Protection District Act is amended by adding Section 29 as follows:

(70 ILCS 705/29 new)

Sec. 29. Right to appeal.

(a) As used in this Section, "access point" means a street or driveway that provides a vehicle with entry or exit from a fire station to an abutting street or highway.

(b) A fire protection district organized under this Act may appeal to the State Fire Marshal if a county denies a request for multiple access points to a new fire station. The fire protection district shall provide the State Fire Marshal with evidence of why multiple access point are required, including:

(1) the equipment housed, maintained, and expected for use in the new facility, including the number of apparatus bays and emergency vehicles;

(2) why multiple access points are operationally necessary for simultaneous deployment or emergency egress; and

(3) the proposed location and function of each access point, including whether an access point is intended for only for emergency use or routine access points.

(c) The county may offer evidence to the State Fire Marshal that shows the specific reasons for denying a request for multiple access points, including:

(1) how a single access point is sufficient for fire operations;

(2) how a single access point could be modified to accommodate fire operations;

(3) the safety concerns or traffic impacts of justifying denial of multiple access points; and

(4) any alternative solutions to creating multiple access points.

(d) Unless the State Fire Marshal approves of the fire protection district's appeal, the county retains full authority over access points, including the access point's location, width, design specifications, required improvements, and safety conditions. However, the county may not contradict the decision of the State Fire Marshal.

(e) Neither the county or the fire protection district may appeal the State Fire Marshal's decision.