HB5377sam001 94TH GENERAL ASSEMBLY

Sen. Debbie DeFrancesco Halvorson

Filed: 3/28/2006

09400HB5377sam001 LRB094 18951 DRH 57810 a

AMENDMENT TO HOUSE BILL 5377

AMENDMENT NO. ______. Amend House Bill 5377, on page 1, immediately below line 3, by inserting the following:

"Section 3. The Mobile Home Park Act is amended by adding Section 9.15 as follows:

(210 ILCS 115/9.15 new)

Sec. 9.15. Fire safety. Adequate private water supply systems and hydrants for fire safety purposes shall be maintained in operable condition and good repair as defined by the Department of Public Health or mobile home park licensing agency. A mobile home park that does not have a private water supply system and hydrants shall have an agreement, approved by the Department of Public Health or licensing agency in consultation with the municipal fire department or the local fire protection district, to provide an adequate and reliable water supply for fire mitigation needs.

Each mobile home park shall be inspected annually pursuant to the applicable mobile home park fire protection standards by the municipal fire department or fire protection district that has jurisdictional responsibility for responding to a fire call in that park. As used in this Section, "applicable mobile home park fire protection standards" means (i) the fire protection standards ordinance of the municipality or fire protection district that has jurisdictional responsibility for responding to a fire call in that park or (ii) if there is no ordinance, the rules adopted by the Department of Public Health for fire safety in mobile home parks. If, upon inspection, the municipal fire department or fire protection district finds that a park does not meet the applicable fire protection standards, the municipal fire department or fire protection district shall give a written notice of violation to the licensee and to the Department of Public Health of any violation or required modification or repair. The licensee has 14 days after receipt of the written notice to correct the violation or make the required modification or repair. More than 14 days after the licensee's receipt of the notice, but no later than 21 days after the receipt of the notice, the municipal fire department or fire protection district shall reinspect the park and issue a written reinspection report to the licensee and to the Department of Public Health concerning the status of the licensee's compliance with the notice and whether any violation still exists. If the municipal fire department or fire protection district determines on reinspection that a licensee has made a good faith and substantial effort to comply with the notice but that compliance is not complete, the municipal fire department or fire protection district may grant the licensee an extension of time for compliance, as they deem fit, by a written notice of extension of time for compliance that identifies what remains to be corrected, modified, or repaired and a date by which compliance must be achieved. If an extension is granted, the municipal fire department or fire protection district shall make another inspection within 10 days after the date set for compliance and issue a final written report to the licensee and the Department of Public Health concerning the status of the licensee's compliance with the notice, written report, and written notice of extension of time for compliance and whether a violation still exists. If a licensee fails to cure the violation or comply with the requirements stated in the notice of violation, or if a written notice of extension of time for compliance is issued and the final written report states that a violation still exists, the municipal fire department or fire protection district shall notify the appropriate municipal attorney or State's Attorney of the licensee's failure to comply with the notice of violation and the written report and shall deliver to that attorney for purposes of enforcement under this Section copies of all written notices and reports concerning the violation.

A licensee may not rent or offer for rent any mobile home or mobile home lot if the park in which the mobile home or mobile home lot is located does not meet the applicable fire protection standards for a mobile home park. A licensee who knowingly rents or offers for rent a mobile home or mobile home lot more than 14 days after the receipt of a written notice of violation from a municipal fire department or fire protection district that states that the mobile home park in which the mobile home or mobile home lot is located is in violation of the applicable fire protection standards ordinance or Department of Public Health rules without correcting the violation is guilty of a petty offense. The penalty is a fine of not more than $500 per day of violation. The first day of violation for purposes of assessing a fine shall be the date of the licensee's receipt of the written report following the reinspection, if the written report states that a violation still exists. If a written notice of extension of time for compliance is issued and the final written report states that a violation still exists, the first day of violation for purposes of assessing a fine shall be the date of the licensee's receipt of the final written report.

A home rule unit may not regulate the legal rights, remedies, and obligations of a licensee under this Section in a manner less restrictive than the regulation by the state of fire safety in a mobile home park under this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and function exercised by the State.".