Public Act 101-0082
 
HB0105 EnrolledLRB101 02931 AWJ 47939 b


  
    AN ACT concerning local government.
  
 
    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 6, 6.1, 7, 8, 9, 9a, 9b, 9e, 9f, 12, 13, and 
13.1 and  by adding Sections 3, 8a, and 9g as follows:
 
    (425 ILCS 25/3 new)
    Sec. 3. Definitions. In this Act:
    "Chief of the fire department" means the senior fire 
officer of a municipal fire department, volunteer fire 
department, or fire protection district.
    "Local authority having jurisdiction" means a unit of local 
government or fire protection district located within the 
State.
    "Local fire prevention and life safety standards" means the 
fire prevention and life safety standards adopted by a local 
authority having jurisdiction.
    "Local officers" means the officers responsible for fire 
and building code enforcement within their unit of local 
government or fire protection district.
    "Notice" means a notice of violation issued to an owner, 
occupant, or other person interested in a premises that 
identifies violations of the fire prevention and life safety 
rules adopted by the Office.
    "Office" means the Office of the Illinois State Fire 
Marshal and its officers, investigators, inspectors, and 
administrative employees.
    "Order" means an administrative order issued to an owner, 
occupant, or other person interested in a premises that directs 
immediate compliance with the fire prevention and life safety 
rules adopted by the Office.
    "Owner, occupant, or other person interested in the 
premises" means the owner, occupant, or other person with a 
legal interest in any building, structure, or the real property 
upon which the building or structure is situated.
    "Premises" means any building or structure or the real 
property upon which the building or structure is situated. 
    "State Fire Marshal" means the Illinois State Fire Marshal 
or his or her designee.
 



    (425 ILCS 25/6)  (from Ch. 127 1/2, par. 6)



    Sec. 6. Investigation and record of fires; Office of the 
State Fire Marshal. 
    (a) The chief of the fire department of every municipality 
in
which a fire department is established and the
fire chief of 
every legally organized fire protection district shall

investigate the cause, origin and circumstances of every fire 
occurring
in a such municipality or fire protection district, 
or in any area or on
any property which is furnished fire 
protection by the fire department of
such municipality or fire 
protection district, by
which property has been destroyed or 
damaged, and shall especially make
investigation as to whether 
such fire was the result of carelessness or
design. Such 
investigation shall be begun within two days, not including

Sunday, of the occurrence of such fire, and the Office of the 
State Fire
Marshal shall have the right to supervise and direct 
such investigation
whenever it deems it expedient or necessary. 
The officer making
investigation of fires occurring in cities, 
villages, towns, fire
protection districts or townships shall 
forthwith notify the Office of
the State Fire Marshal and shall 
by the 15th of the month following
the occurrence of
the fire, 
furnish to the Office a statement of all facts
relating to the 
cause and origin of the fire, and such other information
as may 
be called for in a format approved or on forms
provided by the 
Office. 
    (b) In every case in which a fire is determined to be
a

contributing factor in a death, the coroner of the county where 
the death occurred shall report the death to the
Office of the 
State Fire Marshal as provided in Section 3-3013 of the 
Counties Code. 
    (c) The Office of
the State Fire Marshal shall keep a 
record of all fires occurring in the
State, together with all 
facts, statistics and circumstances, including
the origin of 
the fires, which may be determined by the investigations

provided by this act; such record shall at all times be open to 
the
public inspection, and such portions of it as the State 
Director of
Insurance may deem necessary shall be transcribed 
and forwarded to him
within fifteen days from the first of 
January of each year. 
    (d) In addition to the reporting of fires, the chief of the 
fire department shall furnish to the Office such other 
information as the State Fire Marshal deems of importance to 
the fire services.


(Source: P.A. 95-224, eff. 1-1-08; 96-1059, eff. 7-14-10.)

 
    (425 ILCS 25/6.1)
    Sec. 6.1. Fire and hazardous material incident reporting 
rules  Rules. The State Fire Marshal may adopt necessary rules 
for the administration of the reporting of fires, hazardous 
material incidents, and other incidents or events that the 
State Fire Marshal deems of importance to the fire services. 
The reporting of such information shall be based upon the 
nationally recognized standards of the United States Fire 
Administration's National Fire fire Incident Reporting System 
(NFIRS NIFRS).

(Source: P.A. 95-224, eff. 1-1-08.)
 



    (425 ILCS 25/7)  (from Ch. 127 1/2, par. 7)



    Sec. 7. Arson investigations; arrests; prosecution. The 
Office of the State Fire Marshal shall, when in its opinion

further investigation is necessary, take or cause to be taken 
the
testimony on oath of all persons supposed to be cognizant 
of any facts
or to have means of knowledge in relation to the 
matter as to which an
examination is herein required to be 
made, and shall cause the same to
be reduced to writing; and if 
it shall be of the opinion that there is
evidence sufficient to 
charge any person with the crime of arson, or
with the attempt 
to commit the crime of arson, or of conspiracy to
defraud, or 
criminal conduct in connection with such fire, it shall
cause 
such person to be arrested and charged with such offense or 
either
of them, and shall furnish to the proper prosecuting 
attorney all such
evidence, together with the names of 
witnesses and all of the
information obtained by it, including 
a copy of all pertinent and
material testimony taken in the 
case.

(Source: P.A. 80-147.)

 



    (425 ILCS 25/8)  (from Ch. 127 1/2, par. 8)



    Sec. 8. Summons, oaths, and affirmations. The Office of the 
State Fire Marshal shall have power in any
county in the State 
of Illinois to summon and compel the attendance of
witnesses 
before it to testify in relation to any matter which is by the

provision of this Act a subject of inquiry and investigation, 
and may
require the production of any book, paper or other 
document it deems
pertinent thereto, and it may require the 
prompt disclosure of the
beneficiaries of any trust by the 
trustee, the disclosure by any named
beneficiary of a trust of 
all persons who have any direct or indirect
interest in the 
trust or who derive any direct or indirect benefit
therefrom, 
the disclosure of a principal by his nominee, and the

disclosure by a corporation of each person who holds 5% or more 
of the
shares of stock of the corporation. The Office is hereby 
authorized
and empowered to administer oaths and affirmations 
to any persons
appearing as witnesses before it, and false 
swearing in any manner or
proceeding aforesaid is perjury and 
shall be punished as such.  Any
witness who refuses to be sworn, 
or who refuses to testify, or disclose
any information sought 
by the Office to which it is entitled, or who
disobeys any 
lawful order of the Office, or who fails or refuses to
produce 
any book, paper or other document touching any matter under

examination, or who is guilty of any contemptuous conduct after 
being
summoned to appear before the Office to give testimony in 
relation
to any matter or subject under investigation as 
aforesaid, is guilty of
a Class A misdemeanor and it shall be 
the duty of the State
Fire Marshal to make
complaint against 
the person or persons so refusing to comply with the
summons or 
order of the State Fire Marshal, before the
circuit court in 
the
county in which the investigation is being had, and upon 
the filing of
such complaint, such cause shall proceed in the 
same manner as other
criminal cases.  The Office of the State 
Fire Marshal  shall have the
authority at all times of day or 
night in the performance of the duties
imposed by the 
provisions of this Act, to enter upon and examine any
building 
or premises where any fire has occurred and other buildings and

premises adjoining or near the same.  All investigations held by 
or
under the direction of the Office of the State Fire Marshal  
may, in its
discretion, be private, and persons other than 
those required to be
present by the provisions of this Act, may 
be excluded from the place
where such investigation is held, 
and witnesses may be kept separate and
apart from each other 
and not allowed to communicate with each other
until they have 
been examined.

(Source: P.A. 80-147.)

 
    (425 ILCS 25/8a new)
    Sec. 8a. Right of entry; examination of witnesses. The 
Office shall have the authority at all times of day or night in 
the performance of the duties imposed by the provisions of this 
Act, to enter upon and examine any building or premises where 
any fire has occurred and other buildings and premises 
adjoining or near the same. All investigations held by or under 
the direction of the Office may, in its discretion, be private, 
and persons other than those required to be present by the 
provisions of this Act, may be excluded from the place where 
such investigation is held, and witnesses may be kept separate 
and apart from each other and not allowed to communicate with 
each other until they have been examined.
 



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



    Sec. 9. Inspections, duties, rules, and enforcement. No 
person, being the owner, occupant, or other person interested 
in the premises lessee of any
building or other structure which 
is so occupied or so situated as to
endanger persons or 
property, shall permit such building 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 the premises lessee of any building, or structure, shall 
keep or
maintain or allow to be kept or maintained on such 
premises, combustible
or explosive material or flammable 
inflammable conditions, which endanger the
safety of said 
buildings or premises.

    The Office of the State Fire Marshal shall adopt and 
promulgate such
reasonable fire prevention and life safety 
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 adopted by the Office under this 
Act that is , certified by the State Fire Marshal
shall be 
received in evidence in all courts of this State
with the same 
effect as the original.

    Subject to Section 9g, all All local officers charged with 
the duty of investigating fires or conducting fire prevention 
and life safety inspections 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 life 
safety standards that have been determined by the Office to be 
equal to or higher than such rules
adopted by the Office of the 
State Fire Marshal.

    Subject to Section 9g, the The Office of the State Fire 
Marshal, and the officers of cities,
villages, towns, 
townships, municipalities, and fire protection districts by 
this Act, charged with
the duty of investigating fires or 
conducting fire prevention and life safety inspections under 
this Act 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 identify order the dangerous 
condition removed or
remedied, and shall so notify the owner, 
occupant, or other person
interested in the premises.  Service 
of the notice upon the owner,
occupant, or other person 
interested in the premises interested person shall be in 
person, by electric transmission, or by registered
or certified 
mail. If no corrective action is taken by the owner, occupant, 
or other person interested in the premises to remove or remedy 
the dangerous condition or fire hazard within a reasonable 
time, as determined by the Office or the local authority having 
jurisdiction, an order shall be served upon the owner, 
occupant, or other person interested in the premises directing 
that the dangerous condition be removed or remedied 
immediately. Service of the order upon the owner, occupant, or 
other person interested in the premises shall be in person, by 
electronic transmission, or by registered or certified mail.

    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. Appeals and hearings. The owner, occupant, or 
other person interested in such building or
premises, within 10 
days after receiving an order from the Office such notice, may 
appeal the order in writing from
orders of
deputies of the 
Office of the State Fire Marshal, to the Office of the
State 
Fire Marshal. The Office shall thereupon conduct a hearing 
pursuant
to the Illinois Administrative Procedure Act, as 
amended, and the administrative hearing rules adopted by the 
Office, and the State Fire Marshal shall 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 person interested in the premises 
to immediately comply with such order. The process for appeals 
of orders served upon an owner, occupant, or other person 
interested in the premises by a local authority having 
jurisdiction shall be according to local ordinance. 

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

 



    (425 ILCS 25/9b)  (from Ch. 127 1/2, par. 11)



    Sec. 9b. Administrative review. When an order to remove or 
remedy a
dangerous condition or fire hazard has been modified 
or sustained by the
Office of the State Fire Marshal, the 
owner, occupant, or other person interested in the premises 
person against whom the order has
been entered  may seek review 
in the circuit court of the county in which
the property 
affected by the order is located, pursuant to the

Administrative Review Law, as amended.

(Source: P.A. 84-1308.)

 



    (425 ILCS 25/9e)  (from Ch. 127 1/2, par. 14)



    Sec. 9e. 
Penalties; concurrent jurisdiction. A willful 
Wilful failure, neglect, or refusal to comply (1) with the

order of the Office of the State Fire Marshal
or other officers 
after it
has become final by reason of failure to prosecute an 
appeal as provided
by this Act, or (2) with the judgment of the 
circuit court sustaining or
modifying the order of the Office 
is a petty offense, and in the
event of a continuance of such 
willful wilful failure, neglect, or refusal to
comply with such 
order, each day's continuance is a separate offense.

    The provisions of Sections 9, 9a, 9b, 9c, 9d and 9e shall 
not be
construed to affect or repeal any ordinances of any 
local authority having jurisdiction municipality
relating to 
building inspection, fire limits, fire prevention, or safety

standards, but the jurisdiction of the Office of the State Fire 
Marshal shall,
in such local authorities having jurisdiction 
municipalities, be concurrent with that of the local municipal

authorities having jurisdiction.

(Source: P.A. 80-147.)

 



    (425 ILCS 25/9f)



    Sec. 9f. Duties owed to fire fighters. The owner or 
occupier of the premises and his or her agents owe
fire 
fighters who are on the premises in the performance of their 
official
duties conducting fire investigations or inspections 
or responding to fire
alarms or actual fires on the premises a 
duty of reasonable care in the
maintenance of the premises 
according to applicable fire safety codes,
regulations, 
ordinances, and generally applicable safety standards, 
including
any decisions by the Illinois courts. The owner or 
occupier of the premises and
his or her agents are not relieved 
of the duty of reasonable care if the fire
fighter is injured 
due to the lack of maintenance of the premises in the course
of 
responding to a fire, false alarm, or his or her inspection or 
investigation
of the premises.

    For purposes of this Section, the term "premises" means any 
building or
structure or the real property upon which the 
building or structure is
situated.

    This Section applies to all causes of action that have 
accrued, will accrue,
or are currently pending before a court 
of competent jurisdiction, including
courts of review.

(Source: P.A. 93-233, eff. 7-22-03.)

 
    (425 ILCS 25/9g new)
    Sec. 9g. Applicability within home rule units. The 
provisions of Sections 9, 9a, 9b, and 9e of this Act do not 
apply within the geographical boundaries of home rule units 
that have adopted fire prevention and life safety standards by 
local ordinance, except with respect to State-owned buildings 
or State licensed facilities. Nothing in this Act prohibits any 
home rule unit from voluntarily adopting, in their entirety, 
the fire prevention and life safety rules adopted by the Office 
and enforcing those rules concurrently with the Office. Nothing 
in this Act prohibits the Office from inspecting State-owned 
buildings or State licensed facilities that are located within 
the geographical boundaries of home rule units.
 



    (425 ILCS 25/12)  (from Ch. 127 1/2, par. 16)



    Sec. 12. Insurance assessment. Every fire insurance

company, whether upon the stock or mutual plan, and every other 
personal
or business entity doing
any form of fire insurance 
business in the State of Illinois, shall pay
to the Department 
of
Insurance in the month of March, such amount as may be

assessed by the Department of Insurance, which may not exceed 
1% of
the gross fire, sprinkler leakage, riot, civil
commotion, 
explosion and motor vehicle fire risk premium receipts of
such 
company or other entity from such
business done in the State of 
Illinois during the preceding year, and
shall make an annual 
report or statement under oath to the Department
specifying the 
amount of such premiums received during the preceding
year. The 
Department of Insurance shall pay the money so received
into 
the Fire Prevention Fund, to be used as specified
in Section 
13.1 of this Act.

(Source: P.A. 85-718.)

 



    (425 ILCS 25/13)  (from Ch. 127 1/2, par. 17)



    Sec. 13. Insurance assessment penalties. Every company, 
firm, co-partnership, association or
aggregation of 
individuals, or body of persons insuring each other, or
their 
agents, representatives, or attorneys in fact, who shall refuse 
or
neglect to comply with the requirements of Section 12 of 
this Act,
is liable, in addition to the amount due, for such 
penalty and
interest charges as are provided for under Section 
412 of the "Illinois
Insurance Code". The Director through the 
Attorney General,
may institute an action in the name of the 
People of the State of Illinois,
in any court of competent 
jurisdiction for the recovery of the amount of
such taxes and 
penalties due, and prosecute the same to final judgment,
and 
take such steps as are necessary to collect the same. If such 
violation
is by a company, association, co-partnership or 
aggregation of individuals
licensed to do business in the State 
of Illinois, such license may be revoked
by the Department of 
Insurance.

(Source: P.A. 83-43.)

 



    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)


    Sec. 13.1. Fire Prevention Fund.  
    (a) There shall be a special fund in the State Treasury

known as the Fire Prevention Fund.

    (b) The following moneys shall be deposited into the Fund:

        (1) Moneys received by the Department of Insurance 
    under Section 12 of this Act.

        (2) All fees and reimbursements received by the Office 
    of the State Fire Marshal.

        (3) All receipts from boiler and pressure vessel 
    certification, as
provided in Section 13 of the Boiler and 
    Pressure Vessel Safety Act.

        (4) Such other moneys as may be provided by law.

    (c) The moneys in the Fire Prevention Fund shall be used, 
subject to
appropriation, for the following purposes:

        (1) Of the moneys deposited into the fund under Section 
    12 of this Act,
12.5% shall be available for the 
    maintenance of the Illinois Fire Service
Institute and the 
    expenses, facilities, and structures incident thereto,
and 
    for making transfers into the General Obligation Bond 
    Retirement and
Interest Fund for debt service requirements 
    on bonds issued by the State of
Illinois after January 1, 
    1986 for the purpose of constructing a training
facility 
    for use by the Institute. An additional 2.5% of the moneys 
    deposited into the Fire Prevention Fund shall be available 
    to the Illinois Fire Service Institute for support of the 
    Cornerstone Training Program. 

        (2) Of the moneys deposited into the Fund under Section 
    12 of this Act,
10% shall be available for the maintenance 
    of the Chicago Fire Department
Training Program and the 
    expenses, facilities and structures incident
thereto, in 
    addition to any moneys payable from the Fund to the City of

    Chicago pursuant to the Illinois Fire Protection Training 
    Act.

        (3) For making payments to local governmental agencies 
    and individuals
pursuant to Section 10 of the Illinois Fire 
    Protection Training Act.

        (4) For the maintenance and operation of the Office of 
    the State Fire
Marshal, and the expenses incident thereto.

        (4.5) For the maintenance, operation, and capital 
    expenses of the Mutual Aid Box Alarm System (MABAS). 
        (4.6) For grants awarded by the Small Fire-fighting and 
    Ambulance Service Equipment Grant Program established by 
    Section 2.7 of the State Fire Marshal Act.
        (5) For any other purpose authorized by law.

    (c-5)  As soon as possible after April 8, 2008 (the 
effective date of Public Act 95-717) this amendatory Act of the 
95th General Assembly, the Comptroller shall order the transfer 
and the Treasurer shall transfer $2,000,000 from the Fire 
Prevention Fund to the Fire Service and Small Equipment Fund, 
$9,000,000 from the Fire Prevention Fund to the Fire Truck 
Revolving Loan Fund, and $4,000,000 from the Fire Prevention 
Fund to the Ambulance Revolving Loan Fund. Beginning on July 1, 
2008, each month, or as soon as practical thereafter, an amount 
equal to $2 from each fine received shall be transferred from 
the Fire Prevention Fund to the Fire Service and Small 
Equipment Fund, an amount equal to $1.50 from each fine 
received shall be transferred from the Fire Prevention Fund to 
the Fire Truck Revolving Loan Fund, and an amount equal to $4 
from each fine received shall be transferred from the Fire 
Prevention Fund to the Ambulance Revolving Loan Fund. These 
moneys shall be transferred from the moneys deposited into the 
Fire Prevention Fund pursuant to Public Act 95-154, together 
with not more than 25% of any unspent appropriations from the 
prior fiscal year. These moneys may be allocated to the Fire 
Truck Revolving Loan Fund, Ambulance Revolving Loan Fund, and 
Fire Service and Small Equipment Fund at the discretion of the 
Office of the State Fire Marshal for the purpose of 
implementation of this Act.

    (d) Any portion of the Fire Prevention Fund remaining 
unexpended at the
end of any fiscal year which is not needed 
for the maintenance and expenses of the
Office of the State 
Fire Marshal or the maintenance and expenses of the
Illinois 
Fire Service Institute, shall remain in the Fire Prevention 
Fund for the exclusive and restricted uses provided in 
subsections
 (c) and (c-5) of this Section.

    (e) The Office of the State Fire Marshal shall keep on file 
an itemized
statement of all expenses incurred which are 
payable from the Fund, other
than expenses incurred by the 
Illinois Fire Service Institute, and shall
approve all vouchers 
issued therefor before they are submitted to the State

Comptroller for payment.  Such vouchers shall be allowed and 
paid in the
same manner as other claims against the State.

(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10; 
97-114, eff. 1-1-12; 97-901, eff. 1-1-13.)

 

    (425 ILCS 25/10 rep.)

    Section 10. The Fire Investigation Act is amended  by 
repealing Section 10.

 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.