Public Act 099-0811
 
HB5611 EnrolledLRB099 19371 AWJ 43763 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    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.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.