Section 100.3  Title, Jurisdiction, Powers, Penalties, Right of Entry, Existing Structures

a)         Title

This Part shall be known and cited as Fire Prevention and Safety Rules. They shall be referred to hereinafter as this Part.

b)         Jurisdiction

The provisions of this Part shall apply to all localities.

c)         Powers

1)         The Office is authorized and directed to enforce the provision of this Part.  The State Fire Marshal shall make, or cause to be made, inspections of buildings, structures and premises to determine their conformity with the provisions of this Part and their safety to life and property from fire or other emergency requiring evacuation of the building (such as presence of explosive or flammable gasses, fume hazard, and power failure).

2)         Such inspections shall be made by the Office.  Under the direction of the Office, the chief of the local fire department is hereby empowered and directed to make inspections in his geographical area of responsibility. Where any such inspection discloses a violation or violations of this Part, the State Fire Marshal or the local fire chief shall notify the owner, occupant, or other interested party in writing as provided in Section 9 of the Fire Investigation Act [425 ILCS 25/9] to correct said violation or violations.  Violations shall be corrected within a reasonable time based upon the severity of the hazard and the work required to correct the violation.

3)         The Office will inspect building based upon requests from agencies of state and local government, complaints from the public, known or observed violations, potential for loss of lives from fire in given occupancies where statutes, rules or regulations mandate inspections by the Office or where an inspection of a structure or an occupancy is necessary to prevent fire or to minimize the dangers of fire, in accordance with this Part, subject to available resources.

d)         Penalty

The penalties for violation of the provisions of this Part shall be such as are provided in Section 9e of the Fire Investigation Act [425 ILCS 25/9e].

e)         Entry

The State Fire Marshal, his subordinates, the fire chief of any city, town, village, or fire protection district, or a subordinate delegated by said fire chief shall have the right within their respective geographical area of responsibility to enter any building or structure at any reasonable time for the purpose of making an inspection to determine whether or not there are any violations of this Part or the local ordinances for the protection of life and property from fire or other emergency.  The inspector shall obtain permission from the owner, occupant, or other interested party to inspect and conduct an inspection at any reasonable time (generally, during regular business hours).  Local officials having jurisdiction are empowered and directed to invoke any provisions of this Part to enforce correction of any condition hazardous to life and property from fire or other emergency.

f)          Reference to Documents

Wherever a document is incorporated by reference in this Part, a copy of the document shall be kept on file in the Office, and shall be available for public inspection.  Where standards are incorporated by reference in this Part, the incorporated material does not include any later editions or amendments.

g)         Where the term 'the authority having jurisdiction' is used, it shall mean the Office.

(Source:  Amended at 25 Ill. Reg. 11919, effective January 1, 2002)