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| Public Act 099-0811 | ||||
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AN ACT concerning local government.
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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 Fire Protection District Act is amended by | ||||
adding Section 11l as follows: | ||||
(70 ILCS 705/11l new) | ||||
Sec. 11l. Enforcement of the Fire Investigation Act. | ||||
(a) The fire chief has the authority to enforce the | ||||
provisions of any rules adopted by the State Fire Marshal under | ||||
the provisions of the Fire Investigation Act or to carry out | ||||
the duties imposed on local officers under Section 9 of the | ||||
Fire Investigation Act as provided in this Section. | ||||
(b) In the event that a fire chief determines that a | ||||
dangerous condition or fire hazard is found to exist contrary | ||||
to the rules referred to in Section 9 of the Fire Investigation | ||||
Act, or if a dangerous condition or fire hazard is found to | ||||
exist as specified in the first paragraph of Section 9 of the | ||||
Fire Investigation Act, the fire chief shall order the | ||||
dangerous condition or fire hazard removed or remedied and | ||||
shall so notify the owner, occupant, or other interested person | ||||
in the premises. Service of the notice upon the owner, | ||||
occupant, or other interested person may be made in person or | ||||
by registered or certified mail. If the owner, occupant, or | ||||
other interested person cannot be located by the fire chief, | ||
the fire chief may post the order upon the premises where the | ||
dangerous condition or fire hazard exists. | ||
(c) In the event that a fire chief determines that the | ||
dangerous condition or fire hazard which has been found to | ||
exist places persons occupying or present in the premises at | ||
risk of imminent bodily injury or serious harm, the fire chief | ||
may, as part of the order issued under subsection (b), order | ||
that the premises where such condition or fire hazard exists be | ||
immediately vacated and not be occupied until the fire chief | ||
inspects the premises and issues a notice that the dangerous | ||
condition or fire hazard is no longer present and that the | ||
premises may be occupied. An order under this subsection (c) | ||
shall be effective immediately and notice of the order may be | ||
given by the fire chief by posting the order at premises where | ||
the dangerous condition or fire hazard exists. | ||
(d) In the event an owner, occupant, or other interested | ||
person fails to comply with an order issued by a fire chief | ||
under subsections (b) or (c), the fire chief may refer the | ||
order to the State's Attorney. The State's Attorney may apply | ||
to the circuit court for enforcement of the order of the fire | ||
chief, as issued by the fire chief or as modified by the | ||
circuit court, under the provisions of Article XI of the Code | ||
of Civil Procedure by temporary restraining order, preliminary | ||
injunction or permanent injunction, provided, however, that no | ||
bond shall be required by the court under Section 11-103 of the | ||
Code of Civil Procedure and no damages may be assessed by the | ||
court under Section 11-110 of the Code of Civil Procedure. | ||
(e) The provisions of this Section are supplementary to the | ||
provisions of the Fire Investigation Act and do not limit the | ||
authority of any fire chief or other local officers charged | ||
with the responsibility of investigating fires under Section 9 | ||
of the Fire Investigation Act or any other law or limit the | ||
authority of the State Fire Marshal under the Fire | ||
Investigation Act or any other law.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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