Illinois General Assembly - Full Text of Public Act 094-1080
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Public Act 094-1080


 

Public Act 1080 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1080
 
HB4342 Enrolled LRB094 12779 LCB 47623 b

    AN ACT concerning property.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mobile Home Park Act is amended by adding
Section 9.15 and changing Section 21 as follows:
 
    (210 ILCS 115/9.15 new)
    Sec. 9.15. Fire safety. All private water supply systems
and hydrants for fire safety purposes in existence on the
effective date of this amendatory Act of the 94th General
Assembly shall be maintained in operable condition and good
repair as defined by the State Fire Marshal or mobile home park
licensing agency. A mobile home park that does not have a
private water supply system and hydrants shall have an
agreement, approved by the State Fire Marshal or licensing
agency in consultation with the municipal fire department or
the local fire protection district, to provide an adequate and
reliable water supply for fire mitigation needs. Nothing in
this Section shall be construed to mandate a mobile home park,
constructed prior to 1998, to install new water supply systems
or hydrants for fire safety purposes.
    Each mobile home park shall be inspected annually pursuant
to the applicable mobile home park fire protection standards by
the municipal fire department or fire protection district that
has jurisdictional responsibility for responding to a fire call
in that park. As used in this Section, "applicable mobile home
park fire protection standards" means (i) in the case of a home
rule unit, the fire protection standards ordinance of the
municipality or fire protection district that has
jurisdictional responsibility for responding to a fire call in
that park or (ii) if there is no ordinance or in the case of a
non-home rule unit, the rules adopted by the Office of the
State Fire Marshal for fire safety in mobile home parks. If,
upon inspection, the municipal fire department or fire
protection district finds that a park does not meet the
applicable fire protection standards, the municipal fire
department or fire protection district shall give within 5
working days of the inspection a written notice of violation to
the licensee and to the Department of Public Health of any
violation or required modification or repair. The licensee has
30 days after receipt of the written notice to correct the
violation or make the required modification or repair. Not less
than 30 days after the licensee's receipt of the notice, the
municipal fire department or fire protection district shall
reinspect the park and issue a written reinspection report to
the licensee and to the Department of Public Health concerning
the status of the licensee's compliance with the notice and
whether any violation still exists. If the municipal fire
department or fire protection district determines on
reinspection that a licensee has made a good faith and
substantial effort to comply with the notice but that
compliance is not complete, the municipal fire department or
fire protection district may grant the licensee an extension of
time for compliance, as they deem fit, by a written notice of
extension of time for compliance issued within 5 working days
after the reinspection that identifies what remains to be
corrected, modified, or repaired and a date by which compliance
must be achieved. If an extension is granted, the municipal
fire department or fire protection district shall make another
inspection within 10 days after the date set for compliance and
issue a final written report to the licensee and the Department
of Public Health concerning the status of the licensee's
compliance with the notice, written report, and written notice
of extension of time for compliance and whether a violation
still exists. If a licensee fails to cure the violation or
comply with the requirements stated in the notice of violation,
or if a written notice of extension of time for compliance is
issued and the final written report states that a violation
still exists, the municipal fire department or fire protection
district shall notify the Department of Public Health of the
licensee's failure to comply with the notice of violation and
the written report and shall deliver to the Department for
purposes of enforcement under this Section copies of all
written notices and reports concerning the violation.
    Upon receipt of the written reports concerning the
violation, the Department shall issue to the licensee a notice
of intent to assess civil penalties in the amount of $500 per
day, per violation for non-compliance with the written notice
of violation issued by the municipal fire department or fire
protection district and provide the licensee with the
opportunity for an administrative hearing pursuant to the
provisions of Section 22 of this Act.
    Notwithstanding the foregoing provisions of this Section,
the enforcement of home rule ordinances and regulations shall
be by the appropriate local authorities, including local public
health departments, municipal attorneys, and State's
Attorneys.
    A home rule unit may not regulate the legal rights,
remedies, and obligations of a licensee under this Section in a
manner less restrictive than the regulation by the State of
fire safety in a mobile home park under this Section. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and function exercised by
the State.
    This Section does not apply to any mobile home park located
within a home rule county if the home rule county actively
regulates mobile home parks.
 
    (210 ILCS 115/21)  (from Ch. 111 1/2, par. 731)
    Sec. 21. The Department shall enforce the provisions of
this Act and the rules and regulations adopted pursuant thereto
affecting health, sanitation, water supply, sewage, garbage,
fire safety, and waste disposal, and the Department shall
inspect, at least once each year, each mobile home park and all
the accommodations and facilities therewith. Such officials or
officers are hereby granted the power and authority to enter
upon the premises of such parks at any time for the purposes
herein set forth.
    The Department may issue rules and regulations to carry out
the provisions of this Act. Such rules may contain provisions
for the Department to grant a waiver to a mobile home park, if
the intent and purpose of the Act are met.
    The Department is empowered to assess civil penalties for
violations of Section 9.15 of this Act. Civil penalties in the
amount of $500 per day, per violation shall be assessed for
non-compliance with the written notice of violation issued by a
municipal fire department or fire protection district. An
additional civil penalty of $500 per day of violation shall be
assessed against a licensee who knowingly rents or offers for
rent a mobile home or mobile home site without taking
appropriate corrective action to remedy a notice of violation
issued by a municipal fire department or fire protection
district. The first day of violation for purposes of assessing
a fine shall be the date of the licensee's receipt of the
written report following the reinspection, if the written
report states that a violation still exists. If a written
notice of extension of time for compliance is issued and the
final written report states that a violation still exists, the
first day of violation for purposes of assessing a fine shall
be the date of the licensee's receipt of the final written
report. The Department shall deposit all fees and fines
collected under this Act into the Facility Licensing Fund.
Moneys in the Fund, subject to appropriation, shall be used for
the enforcement of this Act.
    In the administration and enforcement of this Act, the
Department may designate and use full-time city or county
health departments as its agents in making inspections and
investigations.
(Source: P.A. 85-565.)

Effective Date: 6/1/2007