Full Text of HB4609 98th General Assembly
HB4609ham001 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 3/24/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4609
| 2 | | AMENDMENT NO. ______. Amend House Bill 4609 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Task | 5 | | Force on Fire Prevention and Fire Safety Education Act. | 6 | | Section 5. Findings. The General Assembly finds that the | 7 | | desire to maintain and enhance fire prevention and safety | 8 | | standards is a primary concern to the General Assembly. | 9 | | Section 10. The Task Force on Fire Prevention and Fire | 10 | | Safety Education.
| 11 | | (a) There is created the Task Force on Fire Prevention and | 12 | | Fire Safety Education housed within the Office of the Governor | 13 | | consisting of the following members: | 14 | | (1) one member of the Senate appointed by the President | 15 | | of the Senate, who shall serve as a co-chairperson of the |
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| 1 | | Task Force; | 2 | | (2) one member of the Senate appointed by the Minority | 3 | | Leader of the Senate; | 4 | | (3) one member of the House of Representatives | 5 | | appointed by the Speaker of the House of Representatives, | 6 | | who shall serve as a co-chairperson of the Task Force; | 7 | | (4) one member of the House of Representatives | 8 | | appointed by the Minority Leader of the House of | 9 | | Representatives; | 10 | | (5) two members of the general public appointed by the | 11 | | Governor; | 12 | | (6) one member appointed by the Illinois State Fire | 13 | | Marshal; | 14 | | (7) one member appointed by the Governor, nominated by | 15 | | a statewide association representing fire chiefs; | 16 | | (8) one member appointed by the Governor, nominated by | 17 | | a statewide association representing firefighters; | 18 | | (9) one member appointed by the Governor, nominated by | 19 | | a northern Illinois advisory board focused on fire | 20 | | sprinkler education; | 21 | | (10) one member appointed by the Governor, nominated by | 22 | | the Joint Labor and Management Committee (JLMC) created | 23 | | under the Fire Department Promotion Act; | 24 | | (11) one member appointed by the Mayor of the City of | 25 | | Chicago; | 26 | | (12) one member appointed by the Governor, nominated by |
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| 1 | | a statewide organization representing municipalities; | 2 | | (13) one member appointed by the Governor, nominated by | 3 | | a statewide association representing realtors; | 4 | | (14) one member appointed by the Governor, nominated by | 5 | | a statewide association representing home construction | 6 | | contractors; | 7 | | (15) one member appointed by the Governor, nominated by | 8 | | a statewide association representing the pipe trades; | 9 | | (16) one member appointed by the Governor, nominated by | 10 | | a single statewide organization representing condominium, | 11 | | townhouse, and homeowner associations; | 12 | | (17) one member appointed by the Governor, nominated by | 13 | | a Chicago-based organization of building owners and | 14 | | managers; | 15 | | (18) one member appointed by the Governor, nominated by | 16 | | an association representing apartment building owners and | 17 | | managers in the Chicago area; | 18 | | (19) one member appointed by the Governor, nominated by | 19 | | a statewide association representing the insurance trade; | 20 | | and | 21 | | (20) one member appointed by the Executive Director of | 22 | | the Illinois Finance Authority. | 23 | | (b) All appointments to the Task Force shall be made within | 24 | | 60 days after the effective date of this Act. | 25 | | (c) Vacancies in the Task Force shall be filled by their | 26 | | respective appointing authorities within 30 days after the |
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| 1 | | vacancy occurs. | 2 | | (d) The members shall serve without compensation. | 3 | | (e) The Task Force shall receive the assistance of the | 4 | | Office of the Governor, may employ skilled experts with the | 5 | | approval of the co-chairpersons and subject to appropriation, | 6 | | and shall receive the cooperation of any State agencies it | 7 | | deems appropriate to assist the Task Force in carrying out its | 8 | | duties. | 9 | | (f) The members of the Task Force shall be considered | 10 | | members with voting rights. A quorum of the Task Force shall | 11 | | consist of a simple majority of the members of the Task Force. | 12 | | (g) The Task Force shall meet initially at the call of the | 13 | | co-chairpersons, no later than 90 days after the effective date | 14 | | of this Act, and shall thereafter meet at the call of the | 15 | | co-chairpersons. | 16 | | (h) The Office of the State Fire Marshal shall provide | 17 | | administrative and other support to the Task Force.
| 18 | | Section 15. Duties of the Task Force. | 19 | | (a) The Task Force shall research, analyze, and consider: | 20 | | (1) the benefits of legislation requiring fire | 21 | | sprinkler systems in homes, places of employment, and | 22 | | high-rise buildings; | 23 | | (2) the costs and benefits of fire sprinkler systems, | 24 | | hard-wired smoke detectors, and public education about | 25 | | fire drills and other prevention education measures; |
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| 1 | | (3) actions of other states pertaining to fire | 2 | | sprinklers; | 3 | | (4) actions of units of local government pertaining to | 4 | | fire sprinkler mandates and other options or alternatives | 5 | | to mandates; | 6 | | (5) insurance benefits and discounts for structures | 7 | | with fire sprinkler systems; | 8 | | (6) code conflicts and interpretations between State | 9 | | agencies and units of local government; | 10 | | (7) collaboration by governmental bodies to explore | 11 | | assistance options available to property owners and | 12 | | renters wishing to install fire sprinkler systems; and | 13 | | (8) legislative recommendations to the General | 14 | | Assembly. | 15 | | (b) On or before July 15, 2015, the Task Force shall | 16 | | summarize its findings and recommendations in a report to the | 17 | | General Assembly. | 18 | | Section 20. Repealer. This Act is repealed on July 15, | 19 | | 2016. | 20 | | Section 900. The Fire Sprinkler Contractor Licensing Act is | 21 | | amended by adding Section 125 as follows: | 22 | | (225 ILCS 317/125 new) | 23 | | Sec. 125. Fire sprinkler systems. Except as provided in |
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| 1 | | this Act, the Office of the State Fire Marshal may not adopt | 2 | | rules imposing new statewide mandates or changes to existing or | 3 | | future statewide mandates requiring the installation of fire | 4 | | sprinkler systems in specific types of buildings or other | 5 | | structures after the effective date of this amendatory Act of | 6 | | the 98th General Assembly. However, nothing in this Section | 7 | | shall prohibit the Office of the State Fire Marshal from | 8 | | imposing new statewide mandates or changes to existing or | 9 | | future statewide mandates requiring the installation of fire | 10 | | sprinkler systems in specific types of buildings or other | 11 | | structures by means of a bill passed by the General Assembly.
| 12 | | This Section shall not be construed to otherwise limit the | 13 | | authority of the Office of the State Fire Marshal under this | 14 | | Act. This Section shall not be construed to limit the authority | 15 | | of municipalities, counties, or other units of local government | 16 | | to regulate fire sprinkler systems, including, but not limited | 17 | | to, the authority granted under the Counties Code, the Illinois | 18 | | Municipal Code, or the Township Code. | 19 | | Section 905. The Fire Investigation Act is amended by | 20 | | changing Section 9 as follows:
| 21 | | (425 ILCS 25/9) (from Ch. 127 1/2, par. 9)
| 22 | | Sec. 9.
No person, being the owner, occupant or lessee of | 23 | | any
building or other structure which is so occupied or so | 24 | | situated as to
endanger persons or property, shall permit such |
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| 1 | | building or structure by
reason of faulty construction, age, | 2 | | lack of proper repair, or any other
cause to become especially | 3 | | liable to fire, or to become liable to cause
injury or damage | 4 | | by collapsing or otherwise. No person, being the
owner, | 5 | | occupant or lessee of any building, or structure, shall keep or
| 6 | | maintain or allow to be kept or maintained on such premises, | 7 | | combustible
or explosive material or inflammable conditions, | 8 | | which endanger the
safety of said buildings or premises.
| 9 | | The Office of the State Fire Marshal shall adopt and | 10 | | promulgate such
reasonable rules as may be necessary to protect | 11 | | the public from the
dangers specified in the preceding | 12 | | paragraph. Except as otherwise provided in this Section, such | 13 | | Such rules shall require
the installation, inspection or | 14 | | maintenance of necessary fire
extinguishers, fire suppression | 15 | | systems, chemical fire suppression
systems and fire alarm and | 16 | | protection
devices. A copy of any rule, certified by the State | 17 | | Fire Marshal
shall be received in evidence in all courts of | 18 | | this State
with the same effect as the original.
| 19 | | Except as provided in this Act, the Office of the State | 20 | | Fire Marshal may not adopt rules imposing new statewide | 21 | | mandates or changes to existing or future statewide mandates | 22 | | requiring the installation of fire sprinkler systems in | 23 | | specific types of buildings or other structures after the | 24 | | effective date of this amendatory Act of the 98th General | 25 | | Assembly. However, nothing in this paragraph shall prohibit the | 26 | | Office of the State Fire Marshal from imposing new statewide |
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| 1 | | mandates or changes to existing or future statewide mandates | 2 | | requiring the installation of fire sprinkler systems in | 3 | | specific types of buildings or other structures by means of a | 4 | | bill passed by the General Assembly.
This paragraph shall not | 5 | | be construed to otherwise limit the authority of the Office of | 6 | | the State Fire Marshal under the Fire Sprinkler Contractor | 7 | | Licensing Act. This paragraph shall not be construed to limit | 8 | | the authority of municipalities, counties, or other units of | 9 | | local government to regulate fire sprinkler systems, | 10 | | including, but not limited to, the authority granted under the | 11 | | Counties Code, the Illinois Municipal Code, or the Township | 12 | | Code. For purposes of this paragraph, "fire sprinkler system" | 13 | | has the meaning provided in Section 10 of the Fire Sprinkler | 14 | | Contractor Licensing Act. | 15 | | All local officers charged with the duty of investigating | 16 | | fires shall
enforce such rules, under the direction of the | 17 | | Office of the State Fire
Marshal, except in those localities | 18 | | which have adopted fire
prevention and safety standards equal | 19 | | to or higher than such rules
adopted by the Office of the State | 20 | | Fire Marshal.
| 21 | | The Office of the State Fire Marshal, and the officers of | 22 | | cities,
villages, towns and fire protection districts by this | 23 | | Act, charged with
the duty of investigating fire, shall, under | 24 | | the direction of the
Office of the State Fire Marshal, inspect | 25 | | and examine at reasonable hours,
any premises, and the | 26 | | buildings and other structures thereon, and if,
such dangerous |
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| 1 | | condition or fire hazard is found to exist contrary to
the | 2 | | rules herein referred to, or if a dangerous condition or fire | 3 | | hazard
is found to exist as specified in the first paragraph of | 4 | | this Section,
and the rules herein referred to are not | 5 | | applicable to such dangerous
condition or fire hazard, shall | 6 | | order the dangerous condition removed or
remedied, and shall so | 7 | | notify the owner, occupant or other person
interested in the | 8 | | premises. Service of the notice upon the owner,
occupant or | 9 | | other interested person shall be in person or by registered
or | 10 | | certified mail.
| 11 | | The amendatory Act of 1975 is not a limit on any home rule | 12 | | unit.
| 13 | | (Source: P.A. 85-1434 .)
| 14 | | Section 999. Effective date. This Act takes effect upon | 15 | | becoming law.".
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