97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5472

 

Introduced 2/15/2012, by Rep. Edward J. Acevedo

 

SYNOPSIS AS INTRODUCED:
 
425 ILCS 25/9  from Ch. 127 1/2, par. 9
425 ILCS 25/9a  from Ch. 127 1/2, par. 10

    Amends the Fire Investigation Act. Authorizes the Attorney General, or the State's Attorney in a county in which a violation occurs, to bring an action against violations of rules adopted under the Act. Authorizes (rather than requires) the Office of the State Fire Marshal or local officers charged with the duty of investigating fire to enter (rather than inspect and examine) all buildings, premises, occupancies, structures, or portions thereof in their respective jurisdictions. Provides that if a dangerous condition, code violation, or fire hazard is found to exist, then the Office of the State Fire Marshal or the local officers shall order the dangerous condition removed or remedied. Provides that if, in the determination of the Office, the condition of a building, structure, occupancy, premise, or portion thereof poses an immediate threat or hazard to safety or health, the Office must require the building, structure, occupancy, premise, or portion thereof to be vacated immediately and not reoccupied until the necessary repairs and improvements are completed and the Office or the local officers have inspected and approved them. Requires the Office to cause a notice to be posted at each entrance to each such structure. Prohibits entry in such a structure, except for the purpose of making the required repairs. Requires that notice to remain posted until the required repairs are made.


LRB097 20397 JDS 65873 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5472LRB097 20397 JDS 65873 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Investigation Act is amended by
5changing Sections 9 and 9a as follows:
 
6    (425 ILCS 25/9)  (from Ch. 127 1/2, par. 9)
7    Sec. 9. No person, being the owner, occupant, or other
8person interested in lessee of any building, premises,
9occupancy, structure, or portion thereof that or other
10structure which is so occupied or so situated as to endanger
11persons or property, shall permit such building, premises,
12occupancy, structure, or portion thereof or structure by reason
13of faulty construction, age, lack of proper repair, or any
14other cause to become especially liable to fire, or to become
15liable to cause injury or damage by collapsing or otherwise. No
16person, being the owner, occupant, or other person interested
17in lessee of any building, premises, occupancy, or structure,
18or portion thereof, shall keep or maintain or allow to be kept
19or maintained on such building, premises, occupancy,
20structure, or portion thereof combustible or explosive
21material or inflammable conditions that , which endanger the
22safety of said buildings, or premises, occupancies,
23structures, or portions thereof.

 

 

HB5472- 2 -LRB097 20397 JDS 65873 b

1    The Office of the State Fire Marshal shall adopt and
2promulgate such reasonable rules as may be necessary to protect
3the public from the dangers specified in the preceding
4paragraph. Such rules shall require the installation,
5inspection or maintenance of necessary fire extinguishers,
6fire suppression systems, chemical fire suppression systems,
7and fire alarm and protection devices. A copy of any rule,
8certified by the State Fire Marshal shall be received in
9evidence in all courts of this State with the same effect as
10the original. If the owner, occupant, or other person
11interested in a building, premises, occupancy, structure, or
12portion thereof violates this Act or any rule adopted under
13this Act, then the State Fire Marshal may, in the name of the
14State and through the Attorney General or the State's Attorney
15of the county in which the violation took place, petition the
16circuit court of the county in which the violation occurred for
17an order requiring the owner, occupant, or other person
18interested in the building, premises, occupancy, structure, or
19portion thereof to comply with that rule.
20    All local officers charged with the duty of investigating
21fires shall enforce such rules, under the direction of the
22Office of the State Fire Marshal, except in those localities
23which have adopted fire prevention and safety standards equal
24to or higher than such rules adopted by the Office of the State
25Fire Marshal.
26    The Office of the State Fire Marshal, and the local

 

 

HB5472- 3 -LRB097 20397 JDS 65873 b

1officers of cities, villages, towns and fire protection
2districts by this Act, charged by this Act with the duty of
3investigating fire may, for just cause and for the purpose of
4examination, enter, at all reasonable hours, in and upon all
5buildings, premises, occupancies, structures, and portions
6thereof. If a dangerous condition, code violation, or fire
7hazard is found to exist contrary to the rules adopted under
8this Act, then the Office of the State Fire Marshal or the
9local officers charged by this Act with the duty of
10investigating fire , shall, under the direction of the Office
11of the State Fire Marshal, inspect and examine at reasonable
12hours, any premises, and the buildings and other structures
13thereon, and if, such dangerous condition or fire hazard is
14found to exist contrary to the rules herein referred to, or if
15a dangerous condition or fire hazard is found to exist as
16specified in the first paragraph of this Section, and the rules
17herein referred to are not applicable to such dangerous
18condition or fire hazard, shall order the dangerous condition
19removed or remedied, and shall so notify the owner, occupant,
20or other person interested in the building, premise, occupancy,
21structure, and portions thereof premises. Service of the notice
22upon the owner, occupant, or other interested person shall be
23in person or by registered or certified mail. If, in the
24determination of the Office of the State Fire Marshal, the
25conditions of a building, structure, occupancy, premises, or
26portion thereof poses an immediate threat or hazard to public

 

 

HB5472- 4 -LRB097 20397 JDS 65873 b

1safety or health, the Office shall require the building,
2structure, occupancy, premises, or portion thereof to be
3vacated immediately and not reoccupied until the necessary
4repairs and improvements are completed and the Office or the
5local officers charged by this Act with the duty of
6investigating fire have inspected and approved them. The Office
7of the State Fire Marshal or local officers charged by this Act
8with the duty of investigating fire shall cause to be posted at
9each entrance to such a building, structure, occupancy,
10premises, or portion thereof a notice that reads: "THIS
11STRUCTURE IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN
12PROHIBITED BY THE ILLINOIS STATE FIRE MARSHAL." That notice
13shall remain posted until the required repairs are made. It
14shall be unlawful for any person, firm, or corporation, or its
15agents, to remove the notice without written permission of the
16State Fire Marshal. It shall also be unlawful for any person to
17enter the building, structure, occupancy, premises, or portion
18thereof, except for the purpose of making the required repairs.
19If the Office of the State Fire Marshal makes a determination
20under this Section regarding a threat or hazard posed by a
21building, structure, occupancy, premises, or portion thereof,
22the local officers charged by this Act with the duty of
23investigating fire in that jurisdiction shall enforce that
24decision.
25    The amendatory Act of 1975 is not a limit on any home rule
26unit.

 

 

HB5472- 5 -LRB097 20397 JDS 65873 b

1(Source: P.A. 85-1434.)
 
2    (425 ILCS 25/9a)  (from Ch. 127 1/2, par. 10)
3    Sec. 9a. The owner, occupant, or other person interested in
4such a building, structure, occupancy, premises, or portion
5thereof or premises, within 10 days after receiving such a
6notice, may appeal from orders of deputies of the Office of the
7State Fire Marshal, to the Office of the State Fire Marshal.
8Decisions of the Office of the State Fire Marshal to have a
9building, structure, occupancy, premises, or portion thereof
10vacated shall not be stayed pending appeal. The Office shall
11thereupon conduct a hearing pursuant to the Illinois
12Administrative Procedure Act, as amended, and the rules
13promulgated by the State Fire Marshal and either sustain,
14modify, or revoke the order. If the order is sustained or
15modified, or if no appeal is made to the Office, it shall be
16the duty of the owner, or occupant, or other interested person
17to comply with such order.
18(Source: P.A. 84-954.)