99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2825

 

Introduced , by Rep. Mike Smiddy

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 705/11l new

    Amends the Fire Protection District Act. Adds a new Section regarding a fire chief's authority to determine and enforce provisions of the Fire Investigation Act. Provides that a fire chief has authority to enforce the provisions of any rules adopted and promulgated by the State Fire Marshal under the provisions of the Fire Investigation Act or to carry out the duties imposed on local officers under the Fire Investigation Act. Provides that the fire chief shall order removal or remedy of dangerous conditions including that the fire chief may order that the property be vacated until an inspection occurs and the dangerous condition is no longer present. Provides notice requirements and procedures for dangerous conditions. Provides for enforcement of the fire chief's order in the circuit court by the State's Attorney. Effective immediately.


LRB099 04295 AWJ 24320 b

 

 

A BILL FOR

 

HB2825LRB099 04295 AWJ 24320 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5adding Section 11l as follows:
 
6    (70 ILCS 705/11l new)
7    Sec. 11l. Enforcement of the Fire Investigation Act.
8    (a) The fire chief has the authority to enforce the
9provisions of any rules adopted by the State Fire Marshal under
10the provisions of the Fire Investigation Act or to carry out
11the duties imposed on local officers under Section 9 of the
12Fire Investigation Act as provided in this Section.
13    (b) In the event that a fire chief determines that a
14dangerous condition or fire hazard is found to exist contrary
15to the rules referred to in Section 9 of the Fire Investigation
16Act, or if a dangerous condition or fire hazard is found to
17exist as specified in the first paragraph of Section 9 of the
18Fire Investigation Act, the fire chief shall order the
19dangerous condition or fire hazard removed or remedied and
20shall so notify the owner, occupant, or other interested person
21in the premises. Service of the notice upon the owner,
22occupant, or other interested person may be made in person or
23by registered or certified mail. If the owner, occupant, or

 

 

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1other interested person cannot be located by the fire chief,
2the fire chief may post the order upon the premises where the
3dangerous condition or fire hazard exists.
4    (c) In the event that a fire chief determines that the
5dangerous condition or fire hazard which has been found to
6exist places persons occupying or present in the premises at
7risk of imminent bodily injury or serious harm, the fire chief
8may, as part of the order issued under subsection (b), order
9that the premises where such condition or fire hazard exists be
10immediately vacated and not be occupied until the fire chief
11inspects the premises and issues a notice that the dangerous
12condition or fire hazard is no longer present and that the
13premises may be occupied. An order under this subsection (c)
14shall be effective immediately and notice of the order may be
15given by the fire chief by posting the order at premises where
16the dangerous condition or fire hazard exists.
17    (d) In the event an owner, occupant, or other interested
18person fails to comply with an order issued by a fire chief
19under subsections (b) or (c), the fire chief may refer the
20order to the State's Attorney. The State's Attorney may apply
21to the circuit court for enforcement of the order of the fire
22chief, as issued by the fire chief or as modified by the
23circuit court, under the provisions of Article XI of the Code
24of Civil Procedure by temporary restraining order, preliminary
25injunction or permanent injunction, provided, however, that no
26bond shall be required by the court under Section 11-103 of the

 

 

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1Code of Civil Procedure and no damages may be assessed by the
2court under Section 11-110 of the Code of Civil Procedure.
3    (e) The provisions of this Section are supplementary to the
4provisions of the Fire Investigation Act and do not limit the
5authority of any fire chief or other local officers charged
6with the responsibility of investigating fires under Section 9
7of the Fire Investigation Act or any other law or limit the
8authority of the State Fire Marshal under the Fire
9Investigation Act or any other law.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.