425 ILCS 70/ Volunteer Fire Protection Association Act.

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425 ILCS 70/1

(425 ILCS 70/1) (from Ch. 127 1/2, par. 901)

Sec. 1.

Short title.

This Act shall be known and may be cited as the "Volunteer
Fire Protection Association Act".

(Source: P.A. 85-510.)

425 ILCS 70/2

(425 ILCS 70/2) (from Ch. 127 1/2, par. 902)

Sec. 2.

Definition.

As used in this Act, "volunteer fire protection association"
means any fire department which is manned by volunteers and organized for
the purpose of combatting fires in a specified area.  The provisions of
this Act shall apply only to volunteer fire protection associations either
partially or wholly funded by membership or subscriber fees and shall not
apply to fire protection districts supported by local tax revenues.

(Source: P.A. 85-510.)

425 ILCS 70/3

(425 ILCS 70/3) (from Ch. 127 1/2, par. 903)

Sec. 3.

Fires of nonmembers or nonsubscribers; fees.

(a) A volunteer
fire protection association may respond to
any fire within its area regardless of whether the property owner is a
member of or subscriber to the association.

(b) In responding to fires of nonmembers or nonsubscribers of the
association, the association and its firefighters shall be subject to the
same liabilities for claims for death or injury to persons or property as
those the association or firefighters are subject to when responding to
fires of members or subscribers.

(c) In responding to fires of nonmembers or nonsubscribers, the
volunteer fire protection association may charge up to the following fees:

(1) One hundred dollars for responding to a fire call or alarm;

(2) Five hundred dollars for each hour or a proportional sum for each
quarter hour spent in combatting a fire; plus

(3) An amount equal to one year's subscription or membership fees.

No property owner shall be liable for fees or charges under this
subsection if said property owner notifies the volunteer fire protection
association in writing, prior to the occurrence of a fire, not to respond
to a fire on his property.

(d) Upon payment of the charges and fees set forth in subsection (c) of
this Section, the property owner shall be deemed to be a member or
subscriber in good standing until membership or subscriber payments are
again due as prescribed by association rules and regulations.

(Source: P.A. 85-510.)

425 ILCS 70/4

(425 ILCS 70/4) (from Ch. 127 1/2, par. 904)

Sec. 4.

Payments by nonmembers or nonsubscribers; penalty.

(a) When
making a claim for a loss to property, each owner
of an insured property, who is not a member or subscriber of an association
but who received services from a volunteer fire protection association,
shall notify his property or casualty insurance company of the name,
address and billing statement from the volunteer fire protection
association which responded to a call for fire protection assistance at such property.

(b) In paying a claim to an insured who received the services of a
volunteer fire protection association any property or casualty insurance
company shall make checks payable to the order of both the insured and the
volunteer fire protection association,
and the property owner shall make
full payment to the association of the fees and charges imposed pursuant to
subsection (c) of Section 3 of this Act within 30 days after receipt of a loss
settlement check from an insurance carrier.

(c) Failure to comply with the provisions of subsection (a) or (b) of
this Section shall be deemed to be a petty offense punishable by a fine not
exceeding $500.

(Source: P.A. 85-510.)

425 ILCS 70/5

(425 ILCS 70/5) (from Ch. 127 1/2, par. 905)

Sec. 5.

Cause of action.

If payment is not made pursuant to Section 4 of this Act, a
volunteer fire protection association shall have a cause of action against
the property owner for full payment of the fees and charges imposed
pursuant to subsection (c) of Section 3 of this Act, together with the
costs of suit including
reasonable attorney's fees.  The association also shall have a cause of
action against the property owner for any additional damages suffered by
the association as a consequence of the property owner's conduct, provided
that any recovery of such
additional damages shall not exceed $10,000.

(Source: P.A. 85-510.)