Public Act 0259 100TH GENERAL ASSEMBLY

HB2382 Enrolled LRB100 05999 MJP 16028 b

Public Act 100-0259

AN ACT concerning safety.

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

Section 5. The Fire Hydrant Act is amended by changing Section 2 as follows:

(425 ILCS 20/2)

Sec. 2. Recovery of costs; fire hydrant; dry hydrant.

(a) As used in this Section: ,

"Dry hydrant" means a fire hydrant which is installed to provide access to water from a lake, pond, or other body of water rather than water from a public or private water supply system.

"Fire fire hydrant" means a water hydrant connected to a water supply system installed for the express purpose of providing water for fire suppression and that a fire department can connect to and from which it can pump or draw water. "Fire hydrant" does not include flush hydrants.

(b) Whoever fails to comply with any of the provisions of this Act within 30 days after written notice of noncompliance or violation should reasonably have been received from a fire protection district, township fire department, or municipality in whose jurisdiction a fire hydrant is located, shall be responsible for all reasonable costs that the fire protection district, township fire department, or municipality incurs to correct the noncompliance, including attorney's fees and legal expenses incurred by the fire protection district, township fire department, or municipality in recovering the costs from the responsible party.

(c) For dry hydrants that are installed pursuant to an agreement between a property owner and fire protection district, township fire department, or municipality in whose jurisdiction a dry hydrant is located, the maintenance and access to such dry hydrants shall be governed by the terms of the agreement between the property owner and the fire protection district, township fire department, or municipality.

All other dry hydrants, including those installed and located on: public property; property owned or administered by a homeowner's association, condominium association, or held in some similar form of common ownership or subject to control and administration by such association or organization; or private property subject to an easement, covenant, plan of developments, or restriction dedicating or establishing the dry hydrant for the purpose of providing water supply for fire suppression shall be subject to the provisions of Section 1 and subsection (b) of Section 2 of this Act. In addition to the requirements of Section 1 and except as to dry hydrants installed and maintained by agreement with a fire protection district, township fire department, or municipality, continuous access to dry hydrants subject to this subsection (c), and the maintenance necessary to keep dry hydrants in working condition sufficient for fire suppression, shall be the responsibility of the party on whose property the dry hydrant is located or who is responsible for the administration or control of the property on which the dry hydrant is located.

(Source: P.A. 99-205, eff. 7-30-15.)

Effective Date: 1/1/2018