Section 111.10  Scope

 

This Part implements the portions of Section 3-14.21 of the School Code [105 ILCS 5] and the School Plan Review and Inspections Task Force Report that require the State Fire Marshal's office to adopt rules that set out the requirements of Qualified Fire Officials who are authorized to conduct annual fire safety inspections in public schools and report violations to the Regional Superintendent.

 

(Source:  Amended at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.20  Definitions

 

For purposes of this Part, the term:

 

"Fire Officer" means an individual appointed as a fire officer by a unit of local government.

 

"Fire Prevention Inspector" means an individual employed by a unit of local government as a fire inspector or a building inspector.

 

"ICC" means the International Code Counsel.

 

"ISBE" means the Illinois State Board of Education.

 

"NFPA" means the National Fire Protection Association.

 

"OSFM" means the Office of the State Fire Marshal.

 

"Public School Checklist" means the checklist prepared by OSFM and ISBE in accordance with the Health/Life Safety Code (23 Ill. Adm. Code 180) adopted by ISBE and used to conduct the annual public school fire safety inspections (see 105 ILCS 5/3-14.21(c)).

 

"Qualified Fire Official" means an individual who meets the requirements of this Part, in cooperation with ISBE, to administer annual public school fire safety inspections (see 105 ILCS 5/2-3.12(k)).

 

"Tier 1 Qualified Fire Official" means an individual who meets any one of the requirements of Section 111.30(a)(1) through (4) and (b).

 

"Tier 2 Qualified Fire Official" means an individual who meets the requirements of Section 111.30(a)(5) and (c).

 

(Source:  Amended at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.30  General Requirements for a Qualified Fire Official

 

a)         The following qualifications are necessary for OSFM to delegate its authority to inspect public school buildings to a Qualified Fire Official:

 

1)         Any Fire Prevention Division inspector employed by OSFM;

 

2)         Any individual employed by a unit of local government who is certified by OSFM as a Fire Officer I, Fire Prevention Officer, or Fire Inspector I, or certified by OSFM in a successor title established by OSFM to one of the titles in this subsection (a)(2);

 

3)         Any individual employed by a unit of local government who possesses a current certification as a Fire Inspector I or Fire Inspector II issued by the ICC;

 

4)         Any individual employed by a unit of local government who possesses a current certification as a Fire Inspector I or Fire Inspector II issued by the NFPA; or

 

5)         Any Fire Prevention Inspector or Fire Officer employed by a unit of local government.

 

b)         The Tier 1 Qualified Fire Official candidate must attend Tier 1 training conducted by OSFM that includes the process and application of this Part and of the Public School Checklist.

 

c)         The Tier 2 Qualified Fire Official candidate must attend Tier 2 training conducted by OSFM that includes the process and application of this Part and of the Public School Checklist. Training shall also include attending school inspections supervised by an OSFM Fire Prevention Division inspector or a Tier 1 Qualified Fire Official. These supervised inspections shall include an inspection of a grade school and an inspection of a high school. These supervised school inspections shall continue until OSFM or the Tier 1 Qualified Fire Official supervising the inspections is satisfied that the Tier 2 Qualified Fire Official candidate has demonstrated proficiency.

 

(Source:  Amended at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.40  Inspection Standards

 

All annual inspections of public schools shall be conducted using the standards contained in the Health/Life Safety Code for Public Schools (23 Ill. Adm. Code 180).

 

Section 111.50  Application for Delegation of Authority

 

For purposes of this Part, all applications submitted to OSFM requesting delegation as a Qualified Fire Official shall be signed by the Fire Chief, shall be submitted on letterhead provided by the unit of local government, and shall include the following information:

 

a)         The name and address of the unit of local government.  The address shall be an actual street address and shall include the city, state and zip code.  A post office box number is not acceptable as an address.

 

b)         For a Tier 1 Qualified Fire Official, a copy of the current qualifying certification held by the person requesting delegation from the OSFM (as required by Section 111.30).

 

c)         For a Tier 2 Qualified Fire Official, verification by the Fire Chief that the applicant is assigned as either a Fire Prevention Inspector or a Fire Officer and verification by the Tier 1 Qualified Fire Official supervising the inspections, if applicable, that the applicant completed the supervised school inspections required by Section 111.30(c).

 

(Source:  Amended at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.60  Delegation of Authority

 

OSFM will issue a notice delegating authority to inspect public school buildings to candidates that meet the requirements of Section 111.30 and submit an application meeting the requirements of Section 111.50.  The OSFM Delegation of Authority issued pursuant to this Section is valid until there is a change in status of the individual approved as a Qualified Fire Official by OSFM or OSFM withdraws the Delegation of Authority.  Although OSFM may delegate school inspection authority to a Qualified Fire Official, nothing shall be construed to limit, condition or impair the exercise of OSFM's powers to administer fire safety inspections of public schools.  OSFM reserves the right to act on its own initiative in all matters pertaining to public school fire safety inspections.  The issuance of a Delegation of Authority to a Qualified Fire Official shall not be construed as a contract with that individual, and OSFM reserves the right to withdraw that Delegation of Authority.

 

(Source:  Amended at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.70  Identification of Delegated Authority

 

Any individual to whom the authority to conduct school inspections has been delegated will be identified on a list maintained by OSFM on its website and provided to ISBE.

 

Section 111.80  Notification of Change

 

a)         Any change in the status of the certification under which an individual qualifies for a Delegation of Authority under Section 111.30 or in the employment status of the individual Qualified Fire Official shall be reported to the OSFM within 5 days.

 

b)         If there is any change in the certification or employment status of the Qualified Fire Official that results in the Qualified Fire Official losing the Delegation of Authority under Section 111.60, OSFM shall withdraw the Delegation of Authority and the local fire official will be required to reapply for a new Delegation of Authority under Section 111.50.

 

(Source:  Amended at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.90  Inspections and Reporting Violations

 

a)         The Qualified Fire Official conducting the inspection shall contact the Regional Superintendent to determine the region's procedure to be used to schedule an agreeable date for the inspection.

 

b)         The Qualified Fire Official shall use a Public School Checklist and, within 15 days after completing the inspection, shall send a copy of the checklist identifying any violation to the person identified by the Regional Superintendent as the party to receive the report.  This report shall also be submitted to the OSFM Fire Prevention Division.  The Regional Superintendent shall correct the violations in accordance with Section 3-14.21(b) of the School Code.

 

c)         The Qualified Fire Official shall notify OSFM of violations that present imminent harm to occupants of the school and any violations that are not corrected by the next annual fire inspection.

 

d)         OSFM and ISBE shall resolve any disputes regarding the annual inspection that arise between the Qualified Fire Official and the Regional Superintendent.

 

(Source:  Amended at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.100  Quality Assurance

 

OSFM may perform a quality assurance evaluation of the schools being inspected by Qualified Fire Officials to determine whether a change is needed, such as, but not limited to, additional training or OSFM's withdrawal of the Delegation of Authority.

 

(Source:  Added at 40 Ill. Reg. 7904, effective May 20, 2016)

 

Section 111.110  Severability

 

If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining portions of this Part.

 

(Source:  Added at 40 Ill. Reg. 7904, effective May 20, 2016)