HB5472 97TH GENERAL ASSEMBLY

LRB097 20397 JDS 65873 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5472

Introduced 2/15/2012, by Rep. Edward J. Acevedo

SYNOPSIS AS INTRODUCED:

425 ILCS 25/9	from Ch. 127 1/2, par. 9
425 ILCS 25/9a	from Ch. 127 1/2, par. 10

Amends the Fire Investigation Act. Authorizes the Attorney General, or the State's Attorney in a county in which a violation occurs, to bring an action against violations of rules adopted under the Act. Authorizes (rather than requires) the Office of the State Fire Marshal or local officers charged with the duty of investigating fire to enter (rather than inspect and examine) all buildings, premises, occupancies, structures, or portions thereof in their respective jurisdictions. Provides that if a dangerous condition, code violation, or fire hazard is found to exist, then the Office of the State Fire Marshal or the local officers shall order the dangerous condition removed or remedied. Provides that if, in the determination of the Office, the condition of a building, structure, occupancy, premise, or portion thereof poses an immediate threat or hazard to safety or health, the Office must require the building, structure, occupancy, premise, or portion thereof to be vacated immediately and not reoccupied until the necessary repairs and improvements are completed and the Office or the local officers have inspected and approved them. Requires the Office to cause a notice to be posted at each entrance to each such structure. Prohibits entry in such a structure, except for the purpose of making the required repairs. Requires that notice to remain posted until the required repairs are made.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fire Investigation Act is amended by changing Sections 9 and 9a as follows:

(425 ILCS 25/9) (from Ch. 127 1/2, par. 9)

Sec. 9. No person, being the owner, occupant, or other person interested in lessee of any building, premises, occupancy, structure, or portion thereof that or other structure which is so occupied or so situated as to endanger persons or property, shall permit such building, premises, occupancy, structure, or portion thereof 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 lessee of any building, premises, occupancy, or structure, or portion thereof, shall keep or maintain or allow to be kept or maintained on such building, premises, occupancy, structure, or portion thereof combustible or explosive material or inflammable conditions that , which endanger the safety of said buildings, or premises, occupancies, structures, or portions thereof.

The Office of the State Fire Marshal shall adopt and promulgate such reasonable 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, certified by the State Fire Marshal shall be received in evidence in all courts of this State with the same effect as the original. If the owner, occupant, or other person interested in a building, premises, occupancy, structure, or portion thereof violates this Act or any rule adopted under this Act, then the State Fire Marshal may, in the name of the State and through the Attorney General or the State's Attorney of the county in which the violation took place, petition the circuit court of the county in which the violation occurred for an order requiring the owner, occupant, or other person interested in the building, premises, occupancy, structure, or portion thereof to comply with that rule.

All local officers charged with the duty of investigating fires shall enforce such rules, under the direction of the Office of the State Fire Marshal, except in those localities which have adopted fire prevention and safety standards equal to or higher than such rules adopted by the Office of the State Fire Marshal.

The Office of the State Fire Marshal, and the local officers of cities, villages, towns and fire protection districts by this Act, charged by this Act with the duty of investigating fire may, for just cause and for the purpose of examination, enter, at all reasonable hours, in and upon all buildings, premises, occupancies, structures, and portions thereof. If a dangerous condition, code violation, or fire hazard is found to exist contrary to the rules adopted under this Act, then the Office of the State Fire Marshal or the local officers charged by this Act with the duty of investigating fire , shall, under the direction of the Office of the State Fire Marshal, 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 order the dangerous condition removed or remedied, and shall so notify the owner, occupant, or other person interested in the building, premise, occupancy, structure, and portions thereof premises. Service of the notice upon the owner, occupant, or other interested person shall be in person or by registered or certified mail. If, in the determination of the Office of the State Fire Marshal, the conditions of a building, structure, occupancy, premises, or portion thereof poses an immediate threat or hazard to public safety or health, the Office shall require the building, structure, occupancy, premises, or portion thereof to be vacated immediately and not reoccupied until the necessary repairs and improvements are completed and the Office or the local officers charged by this Act with the duty of investigating fire have inspected and approved them. The Office of the State Fire Marshal or local officers charged by this Act with the duty of investigating fire shall cause to be posted at each entrance to such a building, structure, occupancy, premises, or portion thereof a notice that reads: "THIS STRUCTURE IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE ILLINOIS STATE FIRE MARSHAL." That notice shall remain posted until the required repairs are made. It shall be unlawful for any person, firm, or corporation, or its agents, to remove the notice without written permission of the State Fire Marshal. It shall also be unlawful for any person to enter the building, structure, occupancy, premises, or portion thereof, except for the purpose of making the required repairs. If the Office of the State Fire Marshal makes a determination under this Section regarding a threat or hazard posed by a building, structure, occupancy, premises, or portion thereof, the local officers charged by this Act with the duty of investigating fire in that jurisdiction shall enforce that decision.

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

(Source: P.A. 85-1434.)

(425 ILCS 25/9a) (from Ch. 127 1/2, par. 10)

Sec. 9a. The owner, occupant, or other person interested in such a building, structure, occupancy, premises, or portion thereof or premises, within 10 days after receiving such a notice, may appeal from orders of deputies of the Office of the State Fire Marshal, to the Office of the State Fire Marshal. Decisions of the Office of the State Fire Marshal to have a building, structure, occupancy, premises, or portion thereof vacated shall not be stayed pending appeal. The Office shall thereupon conduct a hearing pursuant to the Illinois Administrative Procedure Act, as amended, and the rules promulgated by the State Fire Marshal and 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, or occupant, or other interested person to comply with such order.

(Source: P.A. 84-954.)