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.)