SB2745sam002 95TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 4/11/2008

09500SB2745sam002 LRB095 16664 LCT 49467 a

AMENDMENT TO SENATE BILL 2745

AMENDMENT NO. ______. Amend Senate Bill 2745 on page 3, by replacing lines 1 through 15 with the following:

"The amendatory Act of 1975 is not a limit on any home rule unit.

For the purposes of this Act, "student rental dwelling" means any property leased, let, or allowed in exchange of some form of consideration to a full-time or part-time student at a university, college, or community college for residential purposes. The fire chief, or the fire chief's designated subordinate, of any municipality or fire protection district that contains, in whole or in part, a university, college, or community college, or that has a university, college, or community college within one mile of the boundaries of the municipality or fire protection district, may inspect any student rental dwellings within its corporate boundaries to determine and ensure compliance with the fire and life safety codes in force in the municipality or fire protection district.

Any person who leases to another any student rental dwelling on or before the effective date of this amendatory Act of the 95th General Assembly may continue leasing said student rental dwelling until the fire chief, or the fire chief's designated subordinate, inspects such student rental dwelling. After the inspection, which must not reveal any violations presenting an imminent threat to the life, health, or safety of the residents of the student rental dwelling, a student rental dwelling may continue to be leased until the next inspection, which may occur not more than 3 years subsequent to the previous inspection.

Should the student rental dwelling cease to be leased, let, or otherwise allowed in exchange for any consideration to a full-time or part-time student at a university, college, or community college, the provisions of this Act pertaining to the inspection of student rental dwellings shall not apply.

The fire chief, or the fire chief's designated subordinate, of the municipality or fire protection district is hereby authorized (i) to conduct inspections of, and (ii) to enter, examine and survey, any student rental dwelling, or a unit thereof, within any municipality or fire protection district that contains, in whole or in part, a university, college, or community college, or that has a university, college, or community college within one mile of the boundaries of the municipality or fire protection district for purposes of determining and ensuring compliance with the fire and life safety codes in force in the municipality or fire protection district. All inspections shall occur at reasonable hours except in emergency situations where the life, health, or safety of any individual is threatened.

All student rental dwellings may be inspected by the fire chief, or the fire chief's designated subordinate, of the municipality or fire protection district not more than once every 3 years, except as otherwise provided in this Section.

Inspections may occur more frequently if there is: (1) reasonable suspicion to believe that there exists within such student rental dwelling conditions that present a threat to the health, safety, welfare, or general comfort of the resident or residents of such student rental dwelling; (2) a complaint lodged by the resident or residents of the student rental dwelling to be inspected; (3) a request made by a prospective resident accompanied by the consent of the owner, or owner's agent, of the student rental dwelling to be inspected; or (4) a request made by the owner or owner's agent.

Should it be requested, every owner or owner's agent of any student rental dwelling shall provide access to such student rental dwelling, or a unit thereof, to the fire chief, or the fire chief's designated subordinate, for purposes of inspecting the student rental dwelling or a unit thereof for compliance with the fire and life safety codes in force in the municipality or fire protection district. Either the owner, the owner's agent, or the occupant shall accompany the inspector during such an inspection.

If such an inspection is requested by the fire chief, or the fire chief's designated subordinate, notice shall be given to the owner or the owner's agent and the occupant of the student rental dwelling or a unit thereof at least 120 hours in advance of such inspection, except for inspections based upon: (1) reasonable suspicion to believe that there exists within such student rental dwelling conditions that present a threat to the health, safety, welfare, or general comfort of the resident or residents of such student rental dwelling; (2) a complaint lodged by the resident or residents of the student rental dwelling to be inspected; or (3) a request made by the owner or owner's agent.

Notice of inspection shall be provided to both the owner or owner's agent and the occupant and may consist of a letter sent by first class mail, personal service, telephone call or, for occupants only, the posting of a door hanger upon the door knob of the student rental dwelling. The form of notice shall be at the discretion of the municipality or fire protection district if the form used substantially achieves the purpose of this notice requirement. If a student rental dwelling is occupied by more than one person, notice to one occupant shall be deemed notice to all occupants of the student rental dwelling.

At the request of the fire chief, or the fire chief's designated subordinate, any person owning, managing, or supervising any student rental dwelling shall inform the municipality on a form approved by the municipality of such student rental dwelling. Such a request shall take the form of a letter sent by first class mail, personal service, or by telephone call from the fire chief, or the fire chief's designated subordinate, to the person owning, managing, or supervising the student rental dwelling. In addition, if the fire chief, or the fire chief's designated subordinate, chooses to inspect any student rental dwellings pursuant to this Act, he or she shall cause notice to be published, in a newspaper of general circulation within the territory, stating that owners of student rental dwellings shall report to the municipality such student rental dwelling, not less than 10 days before the commencement of the inspection process pursuant to this Act.

Every owner of any student rental dwelling, or a unit thereof, who does not reside on the premises of such student rental dwelling shall appoint and designate an individual to act as an agent in his or her behalf. Every owner shall notify, in writing, the municipality and each occupant of the student rental dwelling of the name, address, and telephone number of the agent. Such written notice shall contain the signature of the agent accepting appointment and designation as agent of the owner.

Any individual who is appointed and designated as agent of the owner shall reside within the county containing, in whole or in part, the university, college, or community college or any other county that adjoins it. An owner of a student rental dwelling may act as his or her own agent if he or she meets the residency requirements set forth in this Section.

Each occupant of a student rental dwelling shall give the owner thereof, his or her agent, or the fire chief, or the fire chief's designated subordinate, access to the student rental dwelling, or a unit thereof under the occupant's control, to conduct inspections authorized by this Act.

Each occupant of a student rental dwelling shall give the owner thereof, or his or her agent or employees, access to any part of such student rental dwelling at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Act.

There shall be no cost, fee, or charge assessed by the municipality, fire protection district, university, college, or community college for the initial inspection of any student rental dwelling pursuant to this Act. If violations of the fire and life safety codes in force in the municipality or fire protection district are found, and if such violations are not corrected by the time of the next inspection, the owner shall be subject to a fee of $50 for the inspection and each subsequent inspection until such violation is corrected. This fee is payable to the applicable municipality or fire protection district.

Any inspection fees remaining unpaid after 2 weeks shall be a debt due and owing the applicable municipality or fire protection district and, as such, may be collected in accordance with applicable law.".