|
|
||||
| Public Act 095-0502 |
||||
| ||||
| ||||
AN ACT concerning fire safety.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The State Fire Marshal Act is amended by | ||||
changing Section 2 as follows:
| ||||
(20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)
| ||||
Sec. 2. The Office shall have the following powers and | ||||
duties:
| ||||
1. To exercise the rights, powers and duties which have | ||||
been vested
by law in the Department of State Police as the | ||||
successor of the
Department of Public Safety, State Fire | ||||
Marshal, inspectors, officers and employees of the State Fire | ||||
Marshal,
including arson investigation. Arson investigations | ||||
conducted by the State Fire Marshal's Office shall be conducted | ||||
by State Fire Marshal Arson Investigator Special Agents, who | ||||
shall be peace officers as provided in the Peace Officer Fire | ||||
Investigation Act.
| ||||
2. To keep a record, as may be required by law, of all | ||||
fires
occurring in the State, together with all facts, | ||||
statistics and
circumstances, including the origin of fires.
| ||||
3. To exercise the rights, powers and duties which have | ||||
been vested
in the Department of State Police by the "Boiler | ||||
and Pressure Vessel
Safety Act", approved August 7, 1951, as | ||||
amended.
| ||
4. To administer the Illinois Fire Protection Training Act.
| ||
5. To aid in the establishment and maintenance of the | ||
training facilities
and programs of the Illinois Fire Service | ||
Institute.
| ||
6. To disburse Federal grants for fire protection purposes | ||
to units of
local government.
| ||
7. To pay to or in behalf of the City of Chicago for the | ||
maintenance,
expenses, facilities and structures directly | ||
incident to the Chicago Fire
Department training program. Such | ||
payments may be made either as
reimbursements for expenditures | ||
previously made by the City, or as payments at the time
the | ||
City has incurred an obligation which is then due and payable | ||
for such
expenditures. Payments for the Chicago Fire Department | ||
training program
shall be made only for those expenditures | ||
which are not claimable by the
City under "An Act relating to | ||
fire protection training", certified November
9, 1971, as | ||
amended.
| ||
8. To administer General Revenue Fund grants to areas not | ||
located in a
fire protection district or in a municipality | ||
which provides fire
protection services, to defray
the | ||
organizational expenses of forming a fire protection district.
| ||
9. In cooperation with the Illinois Environmental | ||
Protection Agency,
to administer the Illinois Leaking | ||
Underground Storage Tank program in
accordance with Section 4 | ||
of this Act and Section 22.12 of the
Environmental Protection | ||
Act.
| ||
10. To expend state and federal funds as appropriated by | ||
the General Assembly.
| ||
11. To provide technical assistance, to areas not located | ||
in a fire
protection district or in a municipality which | ||
provides fire protection
service, to form a fire protection | ||
district, to join an existing district,
or to establish a | ||
municipal fire department, whichever is applicable.
| ||
12. To exercise such other powers and duties as may be
| ||
vested in the Office by law.
| ||
(Source: P.A. 94-178, eff. 1-1-06.)
| ||
Section 10. The Peace Officer Fire Investigation Act is | ||
amended by changing Section 1 as follows:
| ||
(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
| ||
Sec. 1. Peace Officer Status.
| ||
(a) Any person who is a sworn member of any
organized and | ||
paid fire department of a political subdivision of this State
| ||
and is authorized to investigate fires or explosions for such | ||
political
subdivision and , or who is employed by the Office of | ||
the State Fire Marshal
to determine the cause, origin and | ||
circumstances of such fires or explosions
that are suspected to | ||
be arson or arson-related crimes, may be classified
as a peace | ||
officer by the political subdivision or agency employing such
| ||
person. A person so classified shall possess the same powers of | ||
arrest,
search and seizure and the securing and service of | ||
warrants as sheriffs
of counties, and police officers within | ||
the jurisdiction of their political
subdivision. While in the | ||
actual investigation and matters incident thereto,
such person | ||
may carry weapons as may be necessary, but only if that person | ||
has
satisfactorily completed (1) a training program offered or | ||
approved by the
Illinois Law Enforcement Training Standards | ||
Board which substantially conforms
to standards promulgated | ||
pursuant to the Illinois Police Training Act and the Peace | ||
Officer Firearm Training Act
"An
Act in relation to firearms | ||
training for peace officers", approved August 29,
1975, as | ||
amended; or in the case of employees of the Office of the State | ||
Fire
Marshal, a training course approved by the Department of | ||
State Police which
also substantially conforms to standards | ||
promulgated pursuant to "An Act in
relation to firearms | ||
training for peace officers", approved August 29, 1975, as
| ||
amended; and (2) a course in fire and arson investigation | ||
approved by the
Office of the State Fire Marshal pursuant to | ||
the Illinois Fire Protection
Training Act. Such training need | ||
not include exposure to vehicle and traffic
law, traffic | ||
control and accident investigation, or first aid, but shall
| ||
include training in the law relating to the rights of persons | ||
suspected of
involvement in criminal activities.
| ||
Any person granted the powers enumerated in this subsection | ||
(a)
Section may exercise such
powers only during the actual | ||
investigation of the cause, origin and
circumstances of such | ||
fires or explosions that are suspected to be arson or
| ||
arson-related crimes.
| ||
(b) Persons employed by the Office of the State Fire | ||
Marshal to conduct arson investigations shall be designated | ||
State Fire Marshal Arson Investigator Special Agents and shall | ||
be peace officers with all of the powers of peace officers in | ||
cities and sheriffs in counties, except that they may exercise | ||
those powers throughout the State. These Special Agents may | ||
exercise these powers only when engaging in official duties | ||
during the actual investigation of the cause, origin, and
| ||
circumstances of such fires or explosions that are suspected to | ||
be arson or
arson-related crimes and may carry weapons at all | ||
times, but only if they have satisfactorily completed (1) a | ||
training course approved by the Illinois Law Enforcement | ||
Training Standards Board that substantially conforms to the | ||
standards promulgated pursuant to the Peace Officer Firearm | ||
Training Act and (2) a course in fire and arson investigation | ||
approved by the
Office of the State Fire Marshal pursuant to | ||
the Illinois Fire Protection
Training Act. Such training need | ||
not include exposure to vehicle and traffic
law, traffic | ||
control and accident investigation, or first aid, but shall
| ||
include training in the law relating to the rights of persons | ||
suspected of
involvement in criminal activities. | ||
For purposes of this subsection (b), a "State Fire Marshal | ||
Arson Investigator Special Agent" does not include any fire | ||
investigator, fireman, police officer, or other employee of the | ||
federal government; any fire investigator, fireman, police | ||
officer, or other employee of any unit of local government; or | ||
any fire investigator, fireman, police officer, or other | ||
employee of the State of Illinois other than an employee of the | ||
Office of the State Fire Marshal assigned to investigate arson.
| ||
The State Fire Marshal must authorize to each employee of | ||
the Office
of the State Fire Marshal who is exercising the | ||
powers of a peace officer a
distinct badge that, on its face, | ||
(i) clearly states that the badge is
authorized by the Office | ||
of the State Fire Marshal and (ii) contains a unique
| ||
identifying number. No other badge shall be authorized by the | ||
Office of the
State Fire Marshal, except that a badge, | ||
different from the badge issued to
peace officers, may be | ||
authorized by the Office of the State Fire Marshal for
the use | ||
of fire prevention inspectors employed by that Office.
Nothing | ||
in this subsection prohibits the State Fire Marshal from | ||
issuing
shields or other distinctive identification to | ||
employees not exercising the
powers of a peace officer if the | ||
State Fire Marshal determines that a shield or
distinctive | ||
identification is needed by the employee to carry out his or | ||
her
responsibilities.
| ||
(Source: P.A. 92-339, eff. 8-10-01; 93-423, eff. 8-5-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||