Public Act 100-0259
 
HB2382 EnrolledLRB100 05999 MJP 16028 b


  
    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.)