Full Text of SB2745 95th General Assembly
SB2745sam001 95TH GENERAL ASSEMBLY
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Sen. Michael Noland
Filed: 4/9/2008
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LRB095 16664 LCT 49061 a |
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| AMENDMENT TO SENATE BILL 2745
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| AMENDMENT NO. ______. Amend Senate Bill 2745 on page 3, by | 3 |
| replacing lines 1 through 15 with the following:
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| "The amendatory Act of 1975 is not a limit on any home rule | 5 |
| unit. | 6 |
| For the purposes of this Act, "student rental dwellings" | 7 |
| shall refer to any property leased, let, or allowed in exchange | 8 |
| of some form of consideration to a full-time or part-time | 9 |
| student at a university, college, or community college for | 10 |
| residential purposes. No person shall lease, let, or otherwise | 11 |
| allow in exchange for any consideration a student rental | 12 |
| dwelling, unless that property has been inspected by the fire | 13 |
| chief, or a subordinate delegated by the fire chief, of the | 14 |
| municipality or fire protection district. | 15 |
| Any person who leases to another any rental dwelling on or | 16 |
| before the effective date this amendatory Act of the 95th | 17 |
| General Assembly may continue leasing said rental dwelling |
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LRB095 16664 LCT 49061 a |
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| until the fire chief, or a subordinate delegated by the fire | 2 |
| chief, of the municipality or fire protection district has had | 3 |
| the opportunity to inspect such rental dwelling. After the | 4 |
| initial inspection, which must not reveal any violations | 5 |
| presenting an imminent threat to the life, health, or safety of | 6 |
| the residents of the rental dwelling, a rental dwelling may | 7 |
| continue to be leased until the next mandatory inspection, | 8 |
| which shall occur not more than 3 years subsequent to the | 9 |
| previous inspection. | 10 |
| Should the student rental dwelling cease to be lease, let, | 11 |
| or otherwise allowed in exchange for any consideration to a | 12 |
| full-time or part-time student at a university, college, or | 13 |
| community college, the provisions of this Act pertaining to the | 14 |
| inspection of student rental dwellings shall not apply. | 15 |
| The fire chief, or a subordinate delegated by the fire | 16 |
| chief, of the municipality or fire protection district is | 17 |
| hereby authorized (i) to conduct inspections of, and (ii) to | 18 |
| enter, examine and survey, any student rental dwelling, or unit | 19 |
| thereof, within any municipality or fire protection district | 20 |
| that contains, in whole or in part, a university, college, or | 21 |
| community college, or that has a university, college, or | 22 |
| community college within one mile of the boundaries of the | 23 |
| municipality or fire protection district for purposes of | 24 |
| determining and ensuring compliance with the fire and life | 25 |
| safety codes in force in the municipality or fire protection | 26 |
| district. All inspections shall occur at reasonable hours |
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LRB095 16664 LCT 49061 a |
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| except in emergency situations where the life, health, or | 2 |
| safety of any individual is threatened. | 3 |
| All student rental dwellings shall be inspected by the fire | 4 |
| chief, or a subordinate delegated by the fire chief, of the | 5 |
| municipality or fire protection district at least once every 3 | 6 |
| years. | 7 |
| Inspections may occur more frequently provided there is: | 8 |
| (1) reasonable suspicion to believe that there exists within | 9 |
| such rental dwelling conditions that present a threat to the | 10 |
| health, safety, welfare, or general comfort of the resident or | 11 |
| residents of such rental dwelling; (2) a complaint lodged by | 12 |
| the resident or residents of the rental dwelling to be | 13 |
| inspected; (3) a request made by a prospective resident | 14 |
| accompanied by the consent of the owner (or owner's agent) of | 15 |
| the rental dwelling to be inspected; or (4) a request made by | 16 |
| the owner or owner's agent. | 17 |
| Every owner or owner's agent of any rental dwelling shall | 18 |
| provide access to such student rental dwelling, or any unit | 19 |
| thereof, to the fire chief, or a subordinate delegated by the | 20 |
| fire chief, for purposes of inspecting the rental dwelling or | 21 |
| unit thereof for compliance with the fire and life safety codes | 22 |
| in force in the municipality or fire protection district. | 23 |
| Either the owner, the owner's agent, or the occupant shall | 24 |
| accompany the inspector during the inspection. | 25 |
| Notice shall be given to the owner or the owner's agent and | 26 |
| the occupant of the rental dwelling or unit thereof at least |
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| 120 hours in advance of such inspection, except in for | 2 |
| inspections based upon: (1) reasonable suspicion to believe | 3 |
| that there exists within such rental dwelling conditions that | 4 |
| present a threat to the health, safety, welfare, or general | 5 |
| comfort of the resident or residents of such rental dwelling; | 6 |
| (2) a complaint lodged by the resident or residents of the | 7 |
| rental dwelling to be inspected; or (3) a request made by the | 8 |
| owner or owner's agent. | 9 |
| Notice of inspection shall be provided to both the owner or | 10 |
| owner's agent and occupant and may consist of a letter sent by | 11 |
| first class mail, personal service, telephone call or, for | 12 |
| occupants only, the posting of a door hanger upon the door knob | 13 |
| of the rental dwelling. The form of notice shall be the | 14 |
| municipality's or fire protection district's discretion | 15 |
| provided, however, the form used substantially achieves the | 16 |
| purpose of this notice requirement. Where a rental dwelling is | 17 |
| occupied by more than one person, notice to one occupant shall | 18 |
| be deemed notice to all occupants of the rental dwelling. | 19 |
| Any person owning, managing, or supervising any student | 20 |
| rental dwelling shall within 90 days of the effective date of | 21 |
| this amendatory Act of the 95th General Assembly or within 30 | 22 |
| days of assuming ownership, management, or supervision of any | 23 |
| rental dwelling, whichever date is later, inform the | 24 |
| municipality on a form approved by the municipality of such | 25 |
| residential dwelling. | 26 |
| Every owner of any student rental dwelling, or unit |
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| thereof, who does not reside on the premises of such rental | 2 |
| dwelling shall appoint and designate an individual to act as an | 3 |
| agent in his or her behalf. Every owner shall notify, in | 4 |
| writing, the municipality and each occupant of the rental | 5 |
| dwelling, of the name, address, and telephone number of the | 6 |
| agent. Such written notice shall contain the signature of the | 7 |
| agent accepting appointment and designation as agent of the | 8 |
| owner. | 9 |
| Any individual, who is appointed and designated as agent of | 10 |
| the owner, shall reside within the county containing, in whole | 11 |
| or in part, the university, college, or community college, or | 12 |
| any other county that adjoins it. An owner of a rental dwelling | 13 |
| may act as his or her own agent provided he or she meets the | 14 |
| residency requirements set forth in this Section. | 15 |
| Each occupant of a rental dwelling shall give the owner | 16 |
| thereof, his or her agent, or the fire chief, or a subordinate | 17 |
| delegated by the fire chief access to the rental dwelling, or | 18 |
| unit thereof under their control, to conduct inspections | 19 |
| authorized by this Act. | 20 |
| Each occupant of a rental dwelling shall give the owner | 21 |
| thereof, or his or her agent or employees, access to any part | 22 |
| of such rental dwelling at all reasonable times for the purpose | 23 |
| of making such repairs or alterations as are necessary to | 24 |
| effect compliance with the provisions of this Act. | 25 |
| There shall be no cost, fee, or charge assessed by the | 26 |
| municipality, fire protection district, university, college, |
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| or community college for the initial inspection of any student | 2 |
| rental dwelling pursuant to this Act. Should violations of the | 3 |
| fire and life safety codes in force in the municipality or fire | 4 |
| protection district be found, and should such violations not be | 5 |
| corrected by the time of the second inspection, the owner shall | 6 |
| be subject to a fee of $50 for the inspection and each | 7 |
| subsequent inspection until such violation is corrected. This | 8 |
| fee is payable to the applicable municipality or fire | 9 |
| protection district. | 10 |
| Any inspection fees remaining unpaid after 2 weeks shall be | 11 |
| a debt due and owing the applicable municipality or fire | 12 |
| protection district and, as such, may be collected in | 13 |
| accordance with applicable law. ".
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