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Sen. Iris Y. Martinez
Filed: 3/21/2006
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09400HB4342sam001 |
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LRB094 12779 LCT 57187 a |
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| AMENDMENT TO HOUSE BILL 4342
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| AMENDMENT NO. ______. Amend House Bill 4342 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Mobile Home Park Act is amended by adding |
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| Section 9.15 as follows:
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| (210 ILCS 115/9.15 new) |
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| Sec. 9.15. Fire safety. |
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| (a) Each mobile home park shall be inspected annually |
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| pursuant to the applicable mobile home park fire protection |
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| standards. The inspection shall be conducted by the municipal |
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| fire department or fire protection district that has |
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| jurisdictional responsibility for responding to a fire call in |
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| that park. |
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| If, upon inspection, the municipal fire department or fire |
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| protection district finds that a park does not meet the |
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| applicable fire protection standards as determined by the |
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| Department of Public Health, the municipal fire department or |
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| fire protection district shall, within 3 days, give a written |
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| notice of violation to the licensee and to the Department of |
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| Public Health of any violation or required modification or |
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| repair. The licensee shall have 14 days after receipt of the |
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| written notice to correct the violation or submit a plan for |
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| correction, repair, or modification to the Department. |
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| No less than 60 days after the receipt of the notice by the |
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09400HB4342sam001 |
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LRB094 12779 LCT 57187 a |
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| licensee, the municipal fire department or fire protection |
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| district shall reinspect the park and issue a written |
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| reinspection report to the licensee and the Department of |
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| Public Health concerning the status of the licensee's |
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| compliance with the notice and whether any violation still |
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| exists. If the municipal fire department or fire protection |
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| district determines on reinspection that a licensee has not |
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| complied with the notice or that the compliance is not |
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| complete, the municipal fire department or fire protection |
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| district shall notify in writing, within 3 days, the Department |
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| of Public Health and the licensee. Upon receipt of the notice, |
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| the Department shall conduct an administrative hearing |
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| pursuant to the Illinois Administrative Procedure Act to |
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| determine what action, if any, is required to comply with the |
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| notice and by what date compliance must occur. |
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| If a licensee fails to comply with the requirements as put |
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| forth in the administrative hearing order then the Department |
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| shall notify the appropriate municipal attorney or State's |
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| Attorney of the licensee's failure to comply with the |
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| administrative hearing order and shall deliver to that attorney |
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| for purposes of enforcement under this Section copies of all |
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| written notices and reports concerning the violation. |
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| (b) A licensee who knowingly rents or offers for rent a |
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| mobile home or mobile home lot in violation of the |
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| administrative hearing order without correcting the violation |
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| is guilty of a petty offense. The penalty shall be a civil |
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| penalty of not more than $500 per day of violation. The first |
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| day of violation for purposes of assessing a civil penalty |
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| shall be the date that the licensee fails to conform with the |
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| compliance date as set forth in the administrative hearing |
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| order. |
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| (c) As used in this Section, "applicable mobile home park |
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| fire protection standards" means the rules adopted by the |
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| Department of Public Health for fire safety in mobile home |
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09400HB4342sam001 |
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LRB094 12779 LCT 57187 a |
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| parks. |
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| (d) Notwithstanding Section 26 of this Act, the regulation |
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| of fire safety in a mobile home park is an exclusive power and |
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| function of the State. A home rule unit may not regulate the |
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| legal rights, remedies, and obligation of a licensee under this |
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| Section. This Section is a denial and limitation under |
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| subsection (h) of Section 6 of Article VII of the Illinois |
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| Constitution.".
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