(425 ILCS 25/0.01) (from Ch. 127 1/2, par. 5.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Fire Investigation Act.
(Source: P.A. 86-1324.)
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(425 ILCS 25/3) Sec. 3. Definitions. In this Act: "Chief of the fire department" means the senior fire officer of a municipal fire department, volunteer fire department, or fire protection district. "Local authority having jurisdiction" means a unit of local government or fire protection district located within the State. "Local fire prevention and life safety standards" means the fire prevention and life safety standards adopted by a local authority having jurisdiction. "Local officers" means the officers responsible for fire and building code enforcement within their unit of local government or fire protection district. "Notice" means a notice of violation issued to an owner, occupant, or other person interested in a premises that identifies violations of the fire prevention and life safety rules adopted by the Office. "Office" means the Office of the Illinois State Fire Marshal and its officers, investigators, inspectors, and administrative employees. "Order" means an administrative order issued to an owner, occupant, or other person interested in a premises that directs immediate compliance with the fire prevention and life safety rules adopted by the Office. "Owner, occupant, or other person interested in the premises" means the owner, occupant, or other person with a legal interest in any building, structure, or the real property upon which the building or structure is situated. "Premises" means any building or structure or the real property upon which the building or structure is situated. "State Fire Marshal" means the Illinois State Fire Marshal or his or her designee.
(Source: P.A. 101-82, eff. 1-1-20.) |
(425 ILCS 25/6) (from Ch. 127 1/2, par. 6)
Sec. 6. Investigation and record of fires; Office of the State Fire Marshal. (a) The chief of the fire department shall
investigate the cause, origin and circumstances of every fire occurring
in a municipality or fire protection district, or in any area or on
any property which is furnished fire protection by the fire department of
such municipality or fire protection district, by
which property has been destroyed or damaged, and shall especially make
investigation as to whether such fire was the result of carelessness or
design. Such investigation shall be begun within two days, not including
Sunday, of the occurrence of such fire, and the Office shall have the right to supervise and direct such investigation
whenever it deems it expedient or necessary. The officer making
investigation of fires occurring in cities, villages, towns, fire
protection districts or townships shall forthwith notify the Office and shall by the 15th of the month following
the occurrence of
the fire, furnish to the Office a statement of all facts
relating to the cause and origin of the fire, and such other information
as may be called for in a format approved or on forms
provided by the Office. (b) In every case in which a fire is determined to be
a
contributing factor in a death, the coroner of the county where the death occurred shall report the death to the
Office as provided in Section 3-3013 of the Counties Code. (c) The Office shall keep a record of all fires occurring in the
State, together with all facts, statistics and circumstances, including
the origin of the fires, which may be determined by the investigations
provided by this act; such record shall at all times be open to the
public inspection, and such portions of it as the State Director of
Insurance may deem necessary shall be transcribed and forwarded to him
within fifteen days from the first of January of each year. (d) In addition to the reporting of fires, the chief of the fire department shall furnish to the Office such other information as the State Fire Marshal deems of importance to the fire services.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/6.1) Sec. 6.1. Fire and hazardous material incident reporting rules. The State Fire Marshal may adopt necessary rules for the administration of the reporting of fires, hazardous material incidents, and other incidents or events that the State Fire Marshal deems of importance to the fire services. The reporting of such information shall be based upon the nationally recognized standards of the United States Fire Administration's National Fire Incident Reporting System (NFIRS).
(Source: P.A. 101-82, eff. 1-1-20.) |
(425 ILCS 25/7) (from Ch. 127 1/2, par. 7)
Sec. 7. Arson investigations; arrests; prosecution. The Office shall, when in its opinion
further investigation is necessary, take or cause to be taken the
testimony on oath of all persons supposed to be cognizant of any facts
or to have means of knowledge in relation to the matter as to which an
examination is herein required to be made, and shall cause the same to
be reduced to writing; and if it shall be of the opinion that there is
evidence sufficient to charge any person with the crime of arson, or
with the attempt to commit the crime of arson, or of conspiracy to
defraud, or criminal conduct in connection with such fire, it shall
cause such person to be arrested and charged with such offense or either
of them, and shall furnish to the proper prosecuting attorney all such
evidence, together with the names of witnesses and all of the
information obtained by it, including a copy of all pertinent and
material testimony taken in the case.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/8) (from Ch. 127 1/2, par. 8)
Sec. 8. Summons, oaths, and affirmations. The Office shall have power in any
county in the State of Illinois to summon and compel the attendance of
witnesses before it to testify in relation to any matter which is by the
provision of this Act a subject of inquiry and investigation, and may
require the production of any book, paper or other document it deems
pertinent thereto, and it may require the prompt disclosure of the
beneficiaries of any trust by the trustee, the disclosure by any named
beneficiary of a trust of all persons who have any direct or indirect
interest in the trust or who derive any direct or indirect benefit
therefrom, the disclosure of a principal by his nominee, and the
disclosure by a corporation of each person who holds 5% or more of the
shares of stock of the corporation. The Office is hereby authorized
and empowered to administer oaths and affirmations to any persons
appearing as witnesses before it, and false swearing in any manner or
proceeding aforesaid is perjury and shall be punished as such. Any
witness who refuses to be sworn, or who refuses to testify, or disclose
any information sought by the Office to which it is entitled, or who
disobeys any lawful order of the Office, or who fails or refuses to
produce any book, paper or other document touching any matter under
examination, or who is guilty of any contemptuous conduct after being
summoned to appear before the Office to give testimony in relation
to any matter or subject under investigation as aforesaid, is guilty of
a Class A misdemeanor and it shall be the duty of the State
Fire Marshal to make
complaint against the person or persons so refusing to comply with the
summons or order of the State Fire Marshal, before the
circuit court in the
county in which the investigation is being had, and upon the filing of
such complaint, such cause shall proceed in the same manner as other
criminal cases.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/8a) Sec. 8a. Right of entry; examination of witnesses. The Office shall have the authority at all times of day or night in the performance of the duties imposed by the provisions of this Act, to enter upon and examine any building or premises where any fire has occurred and other buildings and premises adjoining or near the same. All investigations held by or under the direction of the Office may, in its discretion, be private, and persons other than those required to be present by the provisions of this Act, may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
(Source: P.A. 101-82, eff. 1-1-20.) |
(425 ILCS 25/9) (from Ch. 127 1/2, par. 9)
Sec. 9. Inspections, duties, rules, and enforcement. No person, being the owner, occupant, or other person interested in the premises which is so occupied or so situated as to
endanger persons or property, shall permit such building or structure by
reason of faulty construction, age, lack of proper repair, or any other
cause to become especially liable to fire, or to become liable to cause
injury or damage by collapsing or otherwise. No person, being the
owner, occupant, or other person interested in the premises, shall keep or
maintain or allow to be kept or maintained on such premises, combustible
or explosive material or flammable conditions, which endanger the
safety of said buildings or premises.
The Office shall adopt and promulgate such
reasonable fire prevention and life safety rules as may be necessary to protect the public from the
dangers specified in the preceding paragraph. Such rules shall require
the installation, inspection or maintenance of necessary fire
extinguishers, fire suppression systems, chemical fire suppression
systems and fire alarm and protection
devices. A copy of any rule adopted by the Office under this Act that is certified by the State Fire Marshal
shall be received in evidence in all courts of this State
with the same effect as the original.
Subject to Section 9g, all local officers charged with the duty of investigating fires or conducting fire prevention and life safety inspections shall
enforce such rules, under the direction of the Office, except in those localities which have adopted fire
prevention and life safety standards that have been determined by the Office to be equal to or higher than such rules
adopted by the Office.
Subject to Section 9g, the Office, and the officers of cities,
villages, towns, townships, municipalities, and fire protection districts charged with
the duty of investigating fires or conducting fire prevention and life safety inspections under this Act, shall, under the direction of the
Office, inspect and examine at reasonable hours,
any premises, and the buildings and other structures thereon, and if,
such dangerous condition or fire hazard is found to exist contrary to
the rules herein referred to, or if a dangerous condition or fire hazard
is found to exist as specified in the first paragraph of this Section,
and the rules herein referred to are not applicable to such dangerous
condition or fire hazard, shall identify the dangerous condition, and shall so notify the owner, occupant, or other person
interested in the premises. Service of the notice upon the owner,
occupant, or other person interested in the premises shall be in person, by electric transmission, or by registered
or certified mail. If no corrective action is taken by the owner, occupant, or other person interested in the premises to remove or remedy the dangerous condition or fire hazard within a reasonable time, as determined by the Office or the local authority having jurisdiction, an order shall be served upon the owner, occupant, or other person interested in the premises directing that the dangerous condition be removed or remedied immediately. Service of the order upon the owner, occupant, or other person interested in the premises shall be in person, by electronic transmission, or by registered or certified mail.
The amendatory Act of 1975 is not a limit on any home rule unit.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/9a) (from Ch. 127 1/2, par. 10)
Sec. 9a. Appeals and hearings. The owner, occupant, or other person interested in such
premises, within 10 days after receiving an order from the Office, may appeal the order in writing to the Office. The Office shall thereupon conduct a hearing pursuant
to the Illinois Administrative Procedure Act, as amended, and the administrative hearing rules adopted by the Office, and the State Fire Marshal shall either sustain,
modify or revoke the order. If the order is
sustained or modified, or
if no appeal is made to the Office, it shall be the duty of the
owner, occupant, or other person interested in the premises to immediately comply with such order. The process for appeals of orders served upon an owner, occupant, or other person interested in the premises by a local authority having jurisdiction shall be according to local ordinance.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/9b) (from Ch. 127 1/2, par. 11)
Sec. 9b. Administrative review. When an order to remove or remedy a
dangerous condition or fire hazard has been modified or sustained by the
State Fire Marshal, the owner, occupant, or other person interested in the premises against whom the order has
been entered may seek review in the circuit court of the county in which
the property affected by the order is located, pursuant to the
Administrative Review Law, as amended.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/9e) (from Ch. 127 1/2, par. 14)
Sec. 9e. Penalties; concurrent jurisdiction. A willful failure, neglect, or refusal to comply (1) with the
order of the Office
or other officers after it
has become final by reason of failure to prosecute an appeal as provided
by this Act, or (2) with the judgment of the circuit court sustaining or
modifying the order of the Office is a petty offense, and in the
event of a continuance of such willful failure, neglect, or refusal to
comply with such order, each day's continuance is a separate offense.
The provisions of Sections 9, 9a, 9b, and 9e shall not be
construed to affect or repeal any ordinances of any local authority having jurisdiction
relating to building inspection, fire limits, fire prevention, or safety
standards, but the jurisdiction of the Office of the State Fire Marshal shall,
in such local authorities having jurisdiction, be concurrent with that of the local
authorities having jurisdiction.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/9f)
Sec. 9f. Duties owed to fire fighters. The owner or occupier of the premises and his or her agents owe
fire fighters who are on the premises in the performance of their official
duties conducting fire investigations or inspections or responding to fire
alarms or actual fires on the premises a duty of reasonable care in the
maintenance of the premises according to applicable fire safety codes,
regulations, ordinances, and generally applicable safety standards, including
any decisions by the Illinois courts. The owner or occupier of the premises and
his or her agents are not relieved of the duty of reasonable care if the fire
fighter is injured due to the lack of maintenance of the premises in the course
of responding to a fire, false alarm, or his or her inspection or investigation
of the premises.
This Section applies to all causes of action that have accrued, will accrue,
or are currently pending before a court of competent jurisdiction, including
courts of review.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/9g) Sec. 9g. Applicability within home rule units. The provisions of Sections 9, 9a, 9b, and 9e of this Act do not apply within the geographical boundaries of home rule units that have adopted fire prevention and life safety standards by local ordinance, except with respect to State-owned buildings or State licensed facilities. Nothing in this Act prohibits any home rule unit from voluntarily adopting, in their entirety, the fire prevention and life safety rules adopted by the Office and enforcing those rules concurrently with the Office. Nothing in this Act prohibits the Office from inspecting State-owned buildings or State licensed facilities that are located within the geographical boundaries of home rule units.
(Source: P.A. 101-82, eff. 1-1-20.) |
(425 ILCS 25/10) (from Ch. 127 1/2, par. 15)
Sec. 10.
(Repealed).
(Source: P.A. 77-2603. Repealed by P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/12) (from Ch. 127 1/2, par. 16)
Sec. 12. Insurance assessment. Every fire insurance
company, whether upon the stock or mutual plan, and every other personal
or business entity doing
any form of fire insurance business in the State of Illinois, shall pay
to the Department of
Insurance in the month of March, such amount as may be
assessed by the Department of Insurance, which may not exceed 1% of
the gross fire, sprinkler leakage, riot, civil
commotion, explosion and motor vehicle fire risk premium receipts of
such company or other entity from such
business done in the State of Illinois during the preceding year, and
shall make an annual report or statement under oath to the Department
specifying the amount of such premiums received during the preceding
year. The Department of Insurance shall pay the money so received
into the Fire Prevention Fund, to be used as specified
in Section 13.1 of this Act.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/13) (from Ch. 127 1/2, par. 17)
Sec. 13. Insurance assessment penalties. Every company, firm, co-partnership, association or
aggregation of individuals, or body of persons insuring each other, or
their agents, representatives, or attorneys in fact, who shall refuse or
neglect to comply with the requirements of Section 12 of this Act,
is liable, in addition to the amount due, for such penalty and
interest charges as are provided for under Section 412 of the "Illinois
Insurance Code". The Director through the Attorney General,
may institute an action in the name of the People of the State of Illinois,
in any court of competent jurisdiction for the recovery of the amount of
such taxes and penalties due, and prosecute the same to final judgment,
and take such steps as are necessary to collect the same. If such violation
is by a company, association, co-partnership or aggregation of individuals
licensed to do business in the State of Illinois, such license may be revoked
by the Department of Insurance.
(Source: P.A. 101-82, eff. 1-1-20.)
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(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1) Sec. 13.1. Fire Prevention Fund. (a) There shall be a special fund in the State Treasury known as the Fire Prevention Fund. (b) The following moneys shall be deposited into the Fund: (1) Moneys received by the Department of Insurance | ||
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(2) All fees and reimbursements received by the | ||
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(3) All receipts from boiler and pressure vessel | ||
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(4) Such other moneys as may be provided by law. (c) The moneys in the Fire Prevention Fund shall be used, subject to appropriation, for the following purposes: (1) Of the moneys deposited into the fund under | ||
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(2) Of the moneys deposited into the Fund under | ||
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(3) For making payments to local governmental | ||
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(4) For the maintenance and operation of the Office | ||
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(4.5) For the maintenance, operation, and capital | ||
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(4.6) For grants awarded under the Small | ||
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(4.7) For grants awarded under the Fire Station | ||
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(5) For any other purpose authorized by law. (c-5) Beginning on July 1, 2008, each month, or as soon as practical thereafter, an amount equal to $1.50 from each fine received shall be transferred from the Fire Prevention Fund to the Fire Truck Revolving Loan Fund, and an amount equal to $4 from each fine received shall be transferred from the Fire Prevention Fund to the Ambulance Revolving Loan Fund. These moneys shall be transferred from the moneys deposited into the Fire Prevention Fund pursuant to Public Act 95-154, together with not more than 25% of any unspent appropriations from the prior fiscal year. These moneys may be allocated to the Fire Truck Revolving Loan Fund and Ambulance Revolving Loan Fund at the discretion of the Office for the purpose of implementation of this Act. (d) Any portion of the Fire Prevention Fund remaining unexpended at the end of any fiscal year which is not needed for the maintenance and expenses of the Office or the maintenance and expenses of the Illinois Fire Service Institute shall remain in the Fire Prevention Fund for the exclusive and restricted uses provided in subsections (c) and (c-5) of this Section. (e) The Office shall keep on file an itemized statement of all expenses incurred which are payable from the Fund, other than expenses incurred by the Illinois Fire Service Institute, and shall approve all vouchers issued therefor before they are submitted to the State Comptroller for payment. Such vouchers shall be allowed and paid in the same manner as other claims against the State.(Source: P.A. 102-558, eff. 8-20-21; 103-8, eff. 6-7-23; 103-616, eff. 7-1-24.) |
(425 ILCS 25/13.2) Sec. 13.2. Youth Firesetter Interventionist Coordinator; Certified Youth Firesetter Interventionists. (a) The Office of the State Fire Marshal shall create the position of Youth Firesetter Interventionist Coordinator within the Division of Arson. The Youth Firesetter Interventionist Coordinator must be a Certified Youth Firesetter Interventionist. The Office shall use National Fire Protection Association standards related to the Youth Firesetter Intervention Program Manager in the development of the job responsibilities for the Youth Firesetter Interventionist Coordinator. The Youth Firesetter Interventionist Coordinator shall have the following responsibilities: (1) The Youth Firesetter Interventionist Coordinator | ||
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(2) The Youth Firesetter Interventionist Coordinator | ||
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(3) The Office shall create a report on Youth | ||
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(b) A local Certified Youth Firesetter Interventionist rostered with a fire department or fire protection district may receive a $250 stipend and mileage reimbursement for any necessary travel for a case only if the local Certified Youth Firesetter Interventionist is not otherwise compensated by another employer or entity for that case.(Source: P.A. 103-307, eff. 7-28-23.) |