Illinois General Assembly - Full Text of HB0154
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Full Text of HB0154  97th General Assembly

HB0154 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0154

 

Introduced 1/18/2011, by Rep. JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
425 ILCS 25/9  from Ch. 127 1/2, par. 9

    Amends the Fire Investigation Act. Provides that the Office of the State Fire Marshal may not adopt any rule making certain provisions of the Life Safety Code, as published by the National Fire Protection Association, concerning "commercial cooking systems" applicable to a cooking system operated for non-commercial purposes by a corporation organized under the General Not For Profit Corporation Act of 1986 or the Religious Corporation Act. Provides that any rule existing on the effective date of the amendatory Act that makes any part of those provisions applicable to a cooking system operated for non-commercial purposes by a corporation organized under the General Not For Profit Corporation Act of 1986 or the Religious Corporation Act is void. Effective immediately.


LRB097 03040 JDS 43072 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0154LRB097 03040 JDS 43072 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Investigation Act is amended by
5changing Section 9 as follows:
 
6    (425 ILCS 25/9)  (from Ch. 127 1/2, par. 9)
7    Sec. 9. No person, being the owner, occupant or lessee of
8any building or other structure which is so occupied or so
9situated as to endanger persons or property, shall permit such
10building or structure by reason of faulty construction, age,
11lack of proper repair, or any other cause to become especially
12liable to fire, or to become liable to cause injury or damage
13by collapsing or otherwise. No person, being the owner,
14occupant or lessee of any building, or structure, shall keep or
15maintain or allow to be kept or maintained on such premises,
16combustible or explosive material or inflammable conditions,
17which endanger the safety of said buildings or premises.
18    The Office of the State Fire Marshal shall adopt and
19promulgate such reasonable rules as may be necessary to protect
20the public from the dangers specified in the preceding
21paragraph. Such rules shall require the installation,
22inspection or maintenance of necessary fire extinguishers,
23fire suppression systems, chemical fire suppression systems

 

 

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1and fire alarm and protection devices. Notwithstanding any
2other provision of this Section, however, the Office of the
3State Fire Marshal may not adopt any rule making the provisions
4of Section 904.11 ("Commercial Cooking Systems") of NFPA 101,
5Life Safety Code, as published by the National Fire Protection
6Association, applicable to a cooking system operated for
7non-commercial purposes by a corporation organized under the
8General Not For Profit Corporation Act of 1986 or the Religious
9Corporation Act. Any rule existing on the effective date of
10this amendatory Act of the 97th General Assembly that makes any
11part of Section 904.11 of NFPA 101 applicable to a cooking
12system operated for non-commercial purposes by a corporation
13organized under the General Not For Profit Corporation Act of
141986 or the Religious Corporation Act is void. A copy of any
15rule, certified by the State Fire Marshal shall be received in
16evidence in all courts of this State with the same effect as
17the original.
18    All local officers charged with the duty of investigating
19fires shall enforce such rules, under the direction of the
20Office of the State Fire Marshal, except in those localities
21which have adopted fire prevention and safety standards equal
22to or higher than such rules adopted by the Office of the State
23Fire Marshal.
24    The Office of the State Fire Marshal, and the officers of
25cities, villages, towns and fire protection districts by this
26Act, charged with the duty of investigating fire, shall, under

 

 

HB0154- 3 -LRB097 03040 JDS 43072 b

1the direction of the Office of the State Fire Marshal, inspect
2and examine at reasonable hours, any premises, and the
3buildings and other structures thereon, and if, such dangerous
4condition or fire hazard is found to exist contrary to the
5rules herein referred to, or if a dangerous condition or fire
6hazard is found to exist as specified in the first paragraph of
7this Section, and the rules herein referred to are not
8applicable to such dangerous condition or fire hazard, shall
9order the dangerous condition removed or remedied, and shall so
10notify the owner, occupant or other person interested in the
11premises. Service of the notice upon the owner, occupant or
12other interested person shall be in person or by registered or
13certified mail.
14    The amendatory Act of 1975 is not a limit on any home rule
15unit.
16(Source: P.A. 85-1434.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.