Bill Text: IL HB4609 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Fire Investigation Act. Makes a technical change in the Section creating the Fire Prevention Fund.
Spectrum: Slight Partisan Bill (Republican 12-6)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4609 Detail]
Download: Illinois-2013-HB4609-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4609
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2 | AMENDMENT NO. ______. Amend House Bill 4609 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Task | ||||||
5 | Force on Fire Prevention and Fire Safety Education Act.
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6 | Section 5. Findings. The General Assembly finds that the | ||||||
7 | desire to maintain and enhance fire prevention and safety | ||||||
8 | standards is a primary concern to the General Assembly.
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9 | Section 10. The Task Force on Fire Prevention and Fire | ||||||
10 | Safety Education.
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11 | (a) There is created the Task Force on Fire Prevention and | ||||||
12 | Fire Safety Education housed within the Office of the Governor | ||||||
13 | consisting of the following members: | ||||||
14 | (1) one member of the Senate appointed by the President | ||||||
15 | of the Senate, who shall serve as a co-chairperson of the |
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1 | Task Force; | ||||||
2 | (2) one member of the Senate appointed by the Minority | ||||||
3 | Leader of the Senate; | ||||||
4 | (3) one member of the House of Representatives | ||||||
5 | appointed by the Speaker of the House of Representatives, | ||||||
6 | who shall serve as a co-chairperson of the Task Force; | ||||||
7 | (4) one member of the House of Representatives | ||||||
8 | appointed by the Minority Leader of the House of | ||||||
9 | Representatives; | ||||||
10 | (5) two members of the general public appointed by the | ||||||
11 | Governor; | ||||||
12 | (6) one member appointed by the Illinois State Fire | ||||||
13 | Marshal; | ||||||
14 | (7) one member appointed by the Governor, nominated by | ||||||
15 | a statewide association representing fire chiefs; | ||||||
16 | (8) one member appointed by the Governor, nominated by | ||||||
17 | a statewide association representing firefighters; | ||||||
18 | (9) one member appointed by the Governor, nominated by | ||||||
19 | a northern Illinois advisory board focused on fire | ||||||
20 | sprinkler education; | ||||||
21 | (10) one member appointed by the Governor, nominated by | ||||||
22 | the Joint Labor and Management Committee (JLMC) created | ||||||
23 | under the Fire Department Promotion Act; | ||||||
24 | (11) one member appointed by the Mayor of the City of | ||||||
25 | Chicago; | ||||||
26 | (12) one member appointed by the Governor, nominated by |
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1 | a statewide organization representing municipalities; | ||||||
2 | (13) one member appointed by the Governor, nominated by | ||||||
3 | a statewide association representing realtors; | ||||||
4 | (14) one member appointed by the Governor, nominated by | ||||||
5 | a statewide association representing home construction | ||||||
6 | contractors; | ||||||
7 | (15) one member appointed by the Governor, nominated by | ||||||
8 | a statewide association representing the pipe trades; | ||||||
9 | (16) one member appointed by the Governor, nominated by | ||||||
10 | a single statewide organization representing condominium, | ||||||
11 | townhouse, and homeowner associations; | ||||||
12 | (17) one member appointed by the Governor, nominated by | ||||||
13 | a Chicago-based organization of building owners and | ||||||
14 | managers; | ||||||
15 | (18) one member appointed by the Governor, nominated by | ||||||
16 | an association representing apartment building owners and | ||||||
17 | managers in the Chicago area; | ||||||
18 | (19) one member appointed by the Governor, nominated by | ||||||
19 | a statewide association representing the insurance trade; | ||||||
20 | and | ||||||
21 | (20) one member appointed by the Executive Director of | ||||||
22 | the Illinois Finance Authority. | ||||||
23 | (b) All appointments to the Task Force shall be made within | ||||||
24 | 60 days after the effective date of this Act. | ||||||
25 | (c) Vacancies in the Task Force shall be filled by their | ||||||
26 | respective appointing authorities within 30 days after the |
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1 | vacancy occurs. | ||||||
2 | (d) The members shall serve without compensation. | ||||||
3 | (e) The Task Force shall receive the assistance of the | ||||||
4 | Office of the Governor, may employ skilled experts with the | ||||||
5 | approval of the co-chairpersons and subject to appropriation, | ||||||
6 | and shall receive the cooperation of any State agencies it | ||||||
7 | deems appropriate to assist the Task Force in carrying out its | ||||||
8 | duties. | ||||||
9 | (f) The members of the Task Force shall be considered | ||||||
10 | members with voting rights. A quorum of the Task Force shall | ||||||
11 | consist of a simple majority of the members of the Task Force. | ||||||
12 | (g) The Task Force shall meet initially at the call of the | ||||||
13 | co-chairpersons, no later than 90 days after the effective date | ||||||
14 | of this Act, and shall thereafter meet at the call of the | ||||||
15 | co-chairpersons. | ||||||
16 | (h) The Office of the State Fire Marshal shall provide | ||||||
17 | administrative and other support to the Task Force.
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18 | Section 15. Duties of the Task Force. | ||||||
19 | (a) The Task Force shall research, analyze, and consider: | ||||||
20 | (1) the benefits of legislation requiring fire | ||||||
21 | sprinkler systems in homes, places of employment, and | ||||||
22 | high-rise buildings; | ||||||
23 | (2) the costs and benefits of fire sprinkler systems, | ||||||
24 | hard-wired smoke detectors, and public education about | ||||||
25 | fire drills and other prevention education measures; |
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1 | (3) actions of other states pertaining to fire | ||||||
2 | sprinklers; | ||||||
3 | (4) actions of units of local government pertaining to | ||||||
4 | fire sprinkler mandates and other options or alternatives | ||||||
5 | to mandates; | ||||||
6 | (5) insurance benefits and discounts for structures | ||||||
7 | with fire sprinkler systems; | ||||||
8 | (6) code conflicts and interpretations between State | ||||||
9 | agencies and units of local government; | ||||||
10 | (7) collaboration by governmental bodies to explore | ||||||
11 | assistance options available to property owners and | ||||||
12 | renters wishing to install fire sprinkler systems; and | ||||||
13 | (8) legislative recommendations to the General | ||||||
14 | Assembly. | ||||||
15 | (b) On or before July 15, 2015, the Task Force shall | ||||||
16 | summarize its findings and recommendations in a report to the | ||||||
17 | General Assembly.
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18 | Section 20. Repealer. This Act is repealed on July 15, | ||||||
19 | 2016.
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20 | Section 900. The Fire Sprinkler Contractor Licensing Act is | ||||||
21 | amended by adding Section 125 as follows:
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22 | (225 ILCS 317/125 new) | ||||||
23 | Sec. 125. Fire sprinkler systems. Except as provided in |
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1 | this Act, the Office of the State Fire Marshal may not adopt | ||||||
2 | rules imposing new statewide mandates or changes to existing or | ||||||
3 | future statewide mandates requiring the installation of fire | ||||||
4 | sprinkler systems in specific types of buildings or other | ||||||
5 | structures after the effective date of this amendatory Act of | ||||||
6 | the 98th General Assembly. However, nothing in this Section | ||||||
7 | shall prohibit the Office of the State Fire Marshal from | ||||||
8 | imposing new statewide mandates or changes to existing or | ||||||
9 | future statewide mandates requiring the installation of fire | ||||||
10 | sprinkler systems in specific types of buildings or other | ||||||
11 | structures by means of a bill passed by the General Assembly.
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12 | This Section shall not be construed to otherwise limit the | ||||||
13 | authority of the Office of the State Fire Marshal under this | ||||||
14 | Act. This Section shall not be construed to limit the authority | ||||||
15 | of municipalities, counties, or other units of local government | ||||||
16 | to regulate fire sprinkler systems, including, but not limited | ||||||
17 | to, the authority granted under the Counties Code, the Illinois | ||||||
18 | Municipal Code, or the Township Code.
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19 | Section 905. The Fire Investigation Act is amended by | ||||||
20 | changing Section 9 as follows:
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21 | (425 ILCS 25/9) (from Ch. 127 1/2, par. 9)
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22 | Sec. 9.
No person, being the owner, occupant or lessee of | ||||||
23 | any
building or other structure which is so occupied or so | ||||||
24 | situated as to
endanger persons or property, shall permit such |
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1 | building or structure by
reason of faulty construction, age, | ||||||
2 | lack of proper repair, or any other
cause to become especially | ||||||
3 | liable to fire, or to become liable to cause
injury or damage | ||||||
4 | by collapsing or otherwise. No person, being the
owner, | ||||||
5 | occupant or lessee of any building, or structure, shall keep or
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6 | maintain or allow to be kept or maintained on such premises, | ||||||
7 | combustible
or explosive material or inflammable conditions, | ||||||
8 | which endanger the
safety of said buildings or premises.
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9 | The Office of the State Fire Marshal shall adopt and | ||||||
10 | promulgate such
reasonable rules as may be necessary to protect | ||||||
11 | the public from the
dangers specified in the preceding | ||||||
12 | paragraph. Except as otherwise provided in this Section, such | ||||||
13 | Such rules shall require
the installation, inspection or | ||||||
14 | maintenance of necessary fire
extinguishers, fire suppression | ||||||
15 | systems, chemical fire suppression
systems and fire alarm and | ||||||
16 | protection
devices. A copy of any rule, certified by the State | ||||||
17 | Fire Marshal
shall be received in evidence in all courts of | ||||||
18 | this State
with the same effect as the original.
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19 | Except as provided in this Act, the Office of the State | ||||||
20 | Fire Marshal may not adopt rules imposing new statewide | ||||||
21 | mandates or changes to existing or future statewide mandates | ||||||
22 | requiring the installation of fire sprinkler systems in | ||||||
23 | specific types of buildings or other structures after the | ||||||
24 | effective date of this amendatory Act of the 98th General | ||||||
25 | Assembly. However, nothing in this paragraph shall prohibit the | ||||||
26 | Office of the State Fire Marshal from imposing new statewide |
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1 | mandates or changes to existing or future statewide mandates | ||||||
2 | requiring the installation of fire sprinkler systems in | ||||||
3 | specific types of buildings or other structures by means of a | ||||||
4 | bill passed by the General Assembly.
This paragraph shall not | ||||||
5 | be construed to otherwise limit the authority of the Office of | ||||||
6 | the State Fire Marshal under the Fire Sprinkler Contractor | ||||||
7 | Licensing Act. This paragraph shall not be construed to limit | ||||||
8 | the authority of municipalities, counties, or other units of | ||||||
9 | local government to regulate fire sprinkler systems, | ||||||
10 | including, but not limited to, the authority granted under the | ||||||
11 | Counties Code, the Illinois Municipal Code, or the Township | ||||||
12 | Code. For purposes of this paragraph, "fire sprinkler system" | ||||||
13 | has the meaning provided in Section 10 of the Fire Sprinkler | ||||||
14 | Contractor Licensing Act. | ||||||
15 | All local officers charged with the duty of investigating | ||||||
16 | fires shall
enforce such rules, under the direction of the | ||||||
17 | Office of the State Fire
Marshal, except in those localities | ||||||
18 | which have adopted fire
prevention and safety standards equal | ||||||
19 | to or higher than such rules
adopted by the Office of the State | ||||||
20 | Fire Marshal.
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21 | The Office of the State Fire Marshal, and the officers of | ||||||
22 | cities,
villages, towns and fire protection districts by this | ||||||
23 | Act, charged with
the duty of investigating fire, shall, under | ||||||
24 | the direction of the
Office of the State Fire Marshal, inspect | ||||||
25 | and examine at reasonable hours,
any premises, and the | ||||||
26 | buildings and other structures thereon, and if,
such dangerous |
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1 | condition or fire hazard is found to exist contrary to
the | ||||||
2 | rules herein referred to, or if a dangerous condition or fire | ||||||
3 | hazard
is found to exist as specified in the first paragraph of | ||||||
4 | this Section,
and the rules herein referred to are not | ||||||
5 | applicable to such dangerous
condition or fire hazard, shall | ||||||
6 | order the dangerous condition removed or
remedied, and shall so | ||||||
7 | notify the owner, occupant or other person
interested in the | ||||||
8 | premises. Service of the notice upon the owner,
occupant or | ||||||
9 | other interested person shall be in person or by registered
or | ||||||
10 | certified mail.
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11 | The amendatory Act of 1975 is not a limit on any home rule | ||||||
12 | unit.
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13 | (Source: P.A. 85-1434 .)
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14 | Section 999. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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