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| Public Act 095-0832 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mobile Home Park Act is amended by changing | ||||
Section 9.15 as follows: | ||||
(210 ILCS 115/9.15) | ||||
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. This agreement | ||||
shall be signed and dated by the owner of the mobile home park | ||||
or his or her designee and by the local fire chief or his or her | ||||
designee. Certification that this agreement exists shall be | ||||
signed by the owner of
the mobile home park or his or her | ||||
designee and by the local fire
chief or his or her designee and | ||||
submitted with each application for
original licensure or | ||||
licensure renewal required under Section 6 of this
Act. A copy | ||
of this agreement shall be on file at the local fire
department | ||
or fire protection district and posted in public view at the
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mobile home park site by the mobile home park owner or his or | ||
her designee and available for inspection. | ||
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.
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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.
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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.
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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.
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(Source: P.A. 94-1080, eff. 6-1-07.)
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