Full Text of SB2745 95th General Assembly
SB2745sam002 95TH GENERAL ASSEMBLY
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Sen. Michael Noland
Filed: 4/11/2008
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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 dwelling" | 7 |
| means any property leased, let, or allowed in exchange of some | 8 |
| form of consideration to a full-time or part-time student at a | 9 |
| university, college, or community college for residential | 10 |
| purposes. The fire chief, or the fire chief's designated | 11 |
| subordinate, of any municipality or fire protection district | 12 |
| that contains, in whole or in part, a university, college, or
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| community college, or that has a university, college, or
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| community college within one mile of the boundaries of the
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| municipality or fire protection district, may inspect any | 16 |
| student rental dwellings within its corporate boundaries to | 17 |
| determine and ensure compliance with the fire and life safety |
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| codes in force
in the municipality or fire protection district. | 2 |
| Any person who leases to another any student rental | 3 |
| dwelling on or
before the effective date of this amendatory Act | 4 |
| of the 95th General Assembly may continue leasing said student | 5 |
| rental dwelling
until the fire chief, or the fire chief's | 6 |
| designated subordinate, inspects such student rental dwelling. | 7 |
| After the
inspection, which must not reveal any violations
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| presenting an imminent threat to the life, health, or safety of
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| the residents of the student rental dwelling, a student rental | 10 |
| dwelling may
continue to be leased until the next inspection,
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| which may occur not more than 3 years subsequent to the
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| previous inspection. | 13 |
| Should the student rental dwelling cease to be leased, let, | 14 |
| or otherwise allowed in exchange for any consideration to a | 15 |
| full-time or part-time student at a university, college, or | 16 |
| community college, the provisions of this Act pertaining to the | 17 |
| inspection of student rental dwellings shall not apply. | 18 |
| The fire chief, or the fire chief's designated subordinate, | 19 |
| of the municipality or fire protection district is hereby | 20 |
| authorized (i) to conduct inspections of, and (ii) to enter, | 21 |
| examine and survey, any student rental dwelling, or a unit | 22 |
| thereof, within any municipality or fire protection district | 23 |
| that contains, in whole or in part, a university, college, or | 24 |
| community college, or that has a university, college, or | 25 |
| community college within one mile of the boundaries of the | 26 |
| municipality or fire protection district for purposes of |
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LRB095 16664 LCT 49467 a |
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| determining and ensuring compliance with the fire and life | 2 |
| safety codes in force in the municipality or fire protection | 3 |
| district. All inspections shall occur at reasonable hours | 4 |
| except in emergency situations where the life, health, or | 5 |
| safety of any individual is threatened. | 6 |
| All student rental dwellings may be inspected by the fire | 7 |
| chief, or the fire chief's designated subordinate, of the | 8 |
| municipality or fire protection district not more than once | 9 |
| every 3 years, except as otherwise provided in this Section. | 10 |
| Inspections may occur more frequently if there is: (1) | 11 |
| reasonable suspicion to believe that there exists within such | 12 |
| student rental dwelling conditions that present a threat to the | 13 |
| health, safety, welfare, or general comfort of the resident or | 14 |
| residents of such student rental dwelling; (2) a complaint | 15 |
| lodged by the resident or residents of the student rental | 16 |
| dwelling to be inspected; (3) a request made by a prospective | 17 |
| resident accompanied by the consent of the owner, or owner's | 18 |
| agent, of the student rental dwelling to be inspected; or (4) a | 19 |
| request made by the owner or owner's agent. | 20 |
| Should it be requested, every owner or owner's agent of any | 21 |
| student rental dwelling shall provide access to such student | 22 |
| rental dwelling, or a unit thereof, to the fire chief, or the | 23 |
| fire chief's designated subordinate, for purposes of | 24 |
| inspecting the student rental dwelling or a unit thereof for | 25 |
| compliance with the fire and life safety codes in force in the | 26 |
| municipality or fire protection district. Either the owner, the |
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| owner's agent, or the occupant shall accompany the inspector | 2 |
| during such an inspection. | 3 |
| If such an inspection is requested by the fire chief, or | 4 |
| the fire chief's designated subordinate, notice shall be given | 5 |
| to the owner or the owner's agent and the occupant of the | 6 |
| student rental dwelling or a unit thereof at least 120 hours in | 7 |
| advance of such inspection, except for inspections based upon: | 8 |
| (1) reasonable suspicion to believe that there exists within | 9 |
| such student rental dwelling conditions that present a threat | 10 |
| to the health, safety, welfare, or general comfort of the | 11 |
| resident or residents of such student rental dwelling; (2) a | 12 |
| complaint lodged by the resident or residents of the student | 13 |
| rental dwelling to be inspected; or (3) a request made by the | 14 |
| owner or owner's agent. | 15 |
| Notice of inspection shall be provided to both the owner or | 16 |
| owner's agent and the occupant and may consist of a letter sent | 17 |
| by first class mail, personal service, telephone call or, for | 18 |
| occupants only, the posting of a door hanger upon the door knob | 19 |
| of the student rental dwelling. The form of notice shall be at | 20 |
| the discretion of the municipality or fire protection district | 21 |
| if the form used substantially achieves the purpose of this | 22 |
| notice requirement. If a student rental dwelling is occupied by | 23 |
| more than one person, notice to one occupant shall be deemed | 24 |
| notice to all occupants of the student rental dwelling. | 25 |
| At the request of the fire chief, or the fire chief's | 26 |
| designated subordinate, any person owning, managing, or |
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| supervising any student rental dwelling shall inform the | 2 |
| municipality on a form approved by the municipality of such | 3 |
| student rental dwelling. Such a request shall take the form of | 4 |
| a letter sent by first class mail, personal service, or by | 5 |
| telephone call from the fire chief, or the fire chief's | 6 |
| designated subordinate, to the person owning, managing, or | 7 |
| supervising the student rental dwelling. In addition, if the | 8 |
| fire chief, or the fire chief's designated subordinate, chooses | 9 |
| to inspect any student rental dwellings pursuant to this Act, | 10 |
| he or she shall cause notice to be published, in a newspaper of | 11 |
| general circulation within the territory, stating that owners | 12 |
| of student rental dwellings shall report to the municipality | 13 |
| such student rental dwelling, not less than 10 days before the | 14 |
| commencement of the inspection process pursuant to this Act. | 15 |
| Every owner of any student rental dwelling, or a unit | 16 |
| thereof, who does not reside on the premises of such student | 17 |
| rental dwelling shall appoint and designate an individual to | 18 |
| act as an agent in his or her behalf. Every owner shall notify, | 19 |
| in writing, the municipality and each occupant of the student | 20 |
| rental dwelling of the name, address, and telephone number of | 21 |
| the agent. Such written notice shall contain the signature of | 22 |
| the agent accepting appointment and designation as agent of the | 23 |
| owner. | 24 |
| Any individual who is appointed and designated as agent of | 25 |
| the owner shall reside within the county containing, in whole | 26 |
| or in part, the university, college, or community college or |
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| any other county that adjoins it. An owner of a student rental | 2 |
| dwelling may act as his or her own agent if he or she meets the | 3 |
| residency requirements set forth in this Section. | 4 |
| Each occupant of a student rental dwelling shall give the | 5 |
| owner thereof, his or her agent, or the fire chief, or the fire | 6 |
| chief's designated subordinate, access to the student rental | 7 |
| dwelling, or a unit thereof under the occupant's control, to | 8 |
| conduct inspections authorized by this Act. | 9 |
| Each occupant of a student rental dwelling shall give the | 10 |
| owner thereof, or his or her agent or employees, access to any | 11 |
| part of such student rental dwelling at all reasonable times | 12 |
| for the purpose of making such repairs or alterations as are | 13 |
| necessary to effect compliance with the provisions of this Act. | 14 |
| There shall be no cost, fee, or charge assessed by the | 15 |
| municipality, fire protection district, university, college, | 16 |
| or community college for the initial inspection of any student | 17 |
| rental dwelling pursuant to this Act. If violations of the fire | 18 |
| and life safety codes in force in the municipality or fire | 19 |
| protection district are found, and if such violations are not | 20 |
| corrected by the time of the next inspection, the owner shall | 21 |
| be subject to a fee of $50 for the inspection and each | 22 |
| subsequent inspection until such violation is corrected. This | 23 |
| fee is payable to the applicable municipality or fire | 24 |
| protection district. | 25 |
| Any inspection fees remaining unpaid after 2 weeks shall be | 26 |
| a debt due and owing the applicable municipality or fire |
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| protection district and, as such, may be collected in | 2 |
| accordance with applicable law. ".
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