Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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FIRE SAFETY425 ILCS 25/0.01
(425 ILCS 25/) Fire Investigation Act.
(425 ILCS 25/0.01)
(from Ch. 127 1/2, par. 5.9)
This Act may be cited as the
Fire Investigation Act.
(Source: P.A. 86-1324.)
425 ILCS 25/6
(425 ILCS 25/6)
(from Ch. 127 1/2, par. 6)
Investigation and record of fires; Office of the State Fire Marshal.
(a) The chief of the fire department of every municipality in
which a fire department is established and the
fire chief of every legally organized fire protection district shall
investigate the cause, origin and circumstances of every fire occurring
in such municipality or fire protection district, or in any area or on
any property which is furnished fire protection by the fire department of
such municipality or fire protection district, by
which property has been destroyed or damaged, and shall especially make
investigation as to whether such fire was the result of carelessness or
design. Such investigation shall be begun within two days, not including
Sunday, of the occurrence of such fire, and the Office of the State Fire
Marshal shall have the right to supervise and direct such investigation
whenever it deems it expedient or necessary. The officer making
investigation of fires occurring in cities, villages, towns, fire
protection districts or townships shall forthwith notify the Office of
the State Fire Marshal and shall by the 15th of the month following
the occurrence of
the fire, furnish to the Office a statement of all facts
relating to the cause and origin of the fire, and such other information
as may be called for in a format approved or on forms
provided by the Office.
(b) In every case in which a fire is determined to be
contributing factor in a death, the coroner of the county where the death occurred shall report the death to the
Office of the State Fire Marshal as provided in Section 3-3013 of the Counties Code.
(c) The Office of
the State Fire Marshal shall keep a record of all fires occurring in the
State, together with all facts, statistics and circumstances, including
the origin of the fires, which may be determined by the investigations
provided by this act; such record shall at all times be open to the
public inspection, and such portions of it as the State Director of
Insurance may deem necessary shall be transcribed and forwarded to him
within fifteen days from the first of January of each year.
(d) In addition to the reporting of fires, the chief of the fire department shall furnish to the Office such other information as the State Fire Marshal deems of importance to the fire services.
(Source: P.A. 95-224, eff. 1-1-08; 96-1059, eff. 7-14-10.)
425 ILCS 25/6.1
(425 ILCS 25/6.1)
The State Fire Marshal may adopt necessary rules for the administration of the reporting of fires, hazardous material incidents, and other incidents or events that the State Fire Marshal deems of importance to the fire services. The reporting of such information shall be based upon the nationally recognized standards of the United States Fire Administration's National fire Incident Reporting System (NIFRS).
(Source: P.A. 95-224, eff. 1-1-08.)
425 ILCS 25/7
(425 ILCS 25/7)
(from Ch. 127 1/2, par. 7)
The Office of the State Fire Marshal shall, when in its opinion
further investigation is necessary, take or cause to be taken the
testimony on oath of all persons supposed to be cognizant of any facts
or to have means of knowledge in relation to the matter as to which an
examination is herein required to be made, and shall cause the same to
be reduced to writing; and if it shall be of the opinion that there is
evidence sufficient to charge any person with the crime of arson, or
with the attempt to commit the crime of arson, or of conspiracy to
defraud, or criminal conduct in connection with such fire, it shall
cause such person to be arrested and charged with such offense or either
of them, and shall furnish to the proper prosecuting attorney all such
evidence, together with the names of witnesses and all of the
information obtained by it, including a copy of all pertinent and
material testimony taken in the case.
(Source: P.A. 80-147.)
425 ILCS 25/8
(425 ILCS 25/8)
(from Ch. 127 1/2, par. 8)
The Office of the State Fire Marshal shall have power in any
county in the State of Illinois to summon and compel the attendance of
witnesses before it to testify in relation to any matter which is by the
provision of this Act a subject of inquiry and investigation, and may
require the production of any book, paper or other document it deems
pertinent thereto, and it may require the prompt disclosure of the
beneficiaries of any trust by the trustee, the disclosure by any named
beneficiary of a trust of all persons who have any direct or indirect
interest in the trust or who derive any direct or indirect benefit
therefrom, the disclosure of a principal by his nominee, and the
disclosure by a corporation of each person who holds 5% or more of the
shares of stock of the corporation. The Office is hereby authorized
and empowered to administer oaths and affirmations to any persons
appearing as witnesses before it, and false swearing in any manner or
proceeding aforesaid is perjury and shall be punished as such. Any
witness who refuses to be sworn, or who refuses to testify, or disclose
any information sought by the Office to which it is entitled, or who
disobeys any lawful order of the Office, or who fails or refuses to
produce any book, paper or other document touching any matter under
examination, or who is guilty of any contemptuous conduct after being
summoned to appear before the Office to give testimony in relation
to any matter or subject under investigation as aforesaid, is guilty of
a Class A misdemeanor and it shall be the duty of the State
Fire Marshal to make
complaint against the person or persons so refusing to comply with the
summons or order of the State Fire Marshal, before the
circuit court in the
county in which the investigation is being had, and upon the filing of
such complaint, such cause shall proceed in the same manner as other
criminal cases. The Office of the State Fire Marshal shall have the
authority at all times of day or night in the performance of the duties
imposed by the provisions of this Act, to enter upon and examine any
building or premises where any fire has occurred and other buildings and
premises adjoining or near the same. All investigations held by or
under the direction of the Office of the State Fire Marshal may, in its
discretion, be private, and persons other than those required to be
present by the provisions of this Act, may be excluded from the place
where such investigation is held, and witnesses may be kept separate and
apart from each other and not allowed to communicate with each other
until they have been examined.
(Source: P.A. 80-147
425 ILCS 25/9
(425 ILCS 25/9)
(from Ch. 127 1/2, par. 9)
No person, being the owner, occupant or lessee of any
building or other structure which is so occupied or so situated as to
endanger persons or property, shall permit such building or structure by
reason of faulty construction, age, lack of proper repair, or any other
cause to become especially liable to fire, or to become liable to cause
injury or damage by collapsing or otherwise. No person, being the
owner, occupant or lessee of any building, or structure, shall keep or
maintain or allow to be kept or maintained on such premises, combustible
or explosive material or inflammable conditions, which endanger the
safety of said buildings or premises.
The Office of the State Fire Marshal shall adopt and promulgate such
reasonable rules as may be necessary to protect the public from the
dangers specified in the preceding paragraph. Such rules shall require
the installation, inspection or maintenance of necessary fire
extinguishers, fire suppression systems, chemical fire suppression
systems and fire alarm and protection
devices. A copy of any rule, certified by the State Fire Marshal
shall be received in evidence in all courts of this State
with the same effect as the original.
All local officers charged with the duty of investigating fires shall
enforce such rules, under the direction of the Office of the State Fire
Marshal, except in those localities which have adopted fire
prevention and safety standards equal to or higher than such rules
adopted by the Office of the State Fire Marshal.
The Office of the State Fire Marshal, and the officers of cities,
villages, towns and fire protection districts by this Act, charged with
the duty of investigating fire, shall, under the direction of the
Office of the State Fire Marshal, inspect and examine at reasonable hours,
any premises, and the buildings and other structures thereon, and if,
such dangerous condition or fire hazard is found to exist contrary to
the rules herein referred to, or if a dangerous condition or fire hazard
is found to exist as specified in the first paragraph of this Section,
and the rules herein referred to are not applicable to such dangerous
condition or fire hazard, shall order the dangerous condition removed or
remedied, and shall so notify the owner, occupant or other person
interested in the premises. Service of the notice upon the owner,
occupant or other interested person shall be in person or by registered
or certified mail.
The amendatory Act of 1975 is not a limit on any home rule unit.
(Source: P.A. 85-1434
425 ILCS 25/9a
(425 ILCS 25/9a)
(from Ch. 127 1/2, par. 10)
The owner or other person interested in such building or
premises, within 10 days after receiving such notice, may appeal from
deputies of the Office of the State Fire Marshal, to the Office of the
State Fire Marshal. The Office shall thereupon conduct a hearing pursuant
to the Illinois Administrative Procedure Act, as amended, and either sustain,
modify or revoke the order. If the order is
sustained or modified, or
if no appeal is made to the Office, it shall be the duty of the
owner or occupant to comply with such order.
(Source: P.A. 84-954.)
425 ILCS 25/9b
(425 ILCS 25/9b)
(from Ch. 127 1/2, par. 11)
When an order to remove or remedy a
dangerous condition or fire hazard has been modified or sustained by the
Office of the State Fire Marshal, the person against whom the order has
been entered may seek review in the circuit court of the county in which
the property affected by the order is located, pursuant to the
Administrative Review Law, as amended.
(Source: P.A. 84-1308.)
425 ILCS 25/9e
(425 ILCS 25/9e)
(from Ch. 127 1/2, par. 14)
Wilful failure, neglect or refusal to comply (1) with the
order of the Office of the State Fire Marshal
or other officers after it
has become final by reason of failure to prosecute an appeal as provided
by this Act, or (2) with the judgment of the circuit court sustaining or
modifying the order of the Office is a petty offense, and in the
event of a continuance of such wilful failure, neglect or refusal to
comply with such order, each day's continuance is a separate offense.
The provisions of Sections 9, 9a, 9b, 9c, 9d and 9e shall not be
construed to affect or repeal any ordinances of any municipality
relating to building inspection, fire limits, fire prevention, or safety
standards, but the jurisdiction of the Office of the State Fire Marshal shall,
in such municipalities, be concurrent with that of the municipal
(Source: P.A. 80-147.)
425 ILCS 25/9f
(425 ILCS 25/9f)
The owner or occupier of the premises and his or her agents owe
fire fighters who are on the premises in the performance of their official
duties conducting fire investigations or inspections or responding to fire
alarms or actual fires on the premises a duty of reasonable care in the
maintenance of the premises according to applicable fire safety codes,
regulations, ordinances, and generally applicable safety standards, including
any decisions by the Illinois courts. The owner or occupier of the premises and
his or her agents are not relieved of the duty of reasonable care if the fire
fighter is injured due to the lack of maintenance of the premises in the course
of responding to a fire, false alarm, or his or her inspection or investigation
of the premises.
For purposes of this Section, the term "premises" means any building or
structure or the real property upon which the building or structure is
This Section applies to all causes of action that have accrued, will accrue,
or are currently pending before a court of competent jurisdiction, including
courts of review.
(Source: P.A. 93-233, eff. 7-22-03.)
425 ILCS 25/10
(425 ILCS 25/10)
(from Ch. 127 1/2, par. 15)
Any officer referred to in Section 6 herein who neglects to comply with
any of the requirements of this Act, shall be guilty of a petty offense.
The fine shall be recovered as provided in Section 9 of this Act.
(Source: P.A. 77-2603
425 ILCS 25/12
(425 ILCS 25/12)
(from Ch. 127 1/2, par. 16)
Every fire insurance
company, whether upon the stock or mutual plan, and every other personal
or business entity doing
any form of fire insurance business in the State of Illinois, shall pay
to the Department of
Insurance in the month of March, such amount as may be
assessed by the Department of Insurance, which may not exceed 1% of
the gross fire, sprinkler leakage, riot, civil
commotion, explosion and motor vehicle fire risk premium receipts of
such company or other entity from such
business done in the State of Illinois during the preceding year, and
shall make an annual report or statement under oath to the Department
specifying the amount of such premiums received during the preceding
year. The Department of Insurance shall pay the money so received
into the Fire Prevention Fund, to be used as specified
in Section 13.1 of this Act.
(Source: P.A. 85-718.)
425 ILCS 25/13
(425 ILCS 25/13)
(from Ch. 127 1/2, par. 17)
Every company, firm, co-partnership, association or
aggregation of individuals, or body of persons insuring each other, or
their agents, representatives, or attorneys in fact, who shall refuse or
neglect to comply with the requirements of Section 12 of this Act,
is liable, in addition to the amount due, for such penalty and
interest charges as are provided for under Section 412 of the "Illinois
Insurance Code". The Director through the Attorney General,
may institute an action in the name of the People of the State of Illinois,
in any court of competent jurisdiction for the recovery of the amount of
such taxes and penalties due, and prosecute the same to final judgment,
and take such steps as are necessary to collect the same. If such violation
is by a company, association, co-partnership or aggregation of individuals
licensed to do business in the State of Illinois, such license may be revoked
by the Department of Insurance.
(Source: P.A. 83-43.)
425 ILCS 25/13.1
(425 ILCS 25/13.1)
(from Ch. 127 1/2, par. 17.1)
Fire Prevention Fund.
(a) There shall be a special fund in the State Treasury
known as the Fire Prevention Fund.
(b) The following moneys shall be deposited into the Fund:
(1) Moneys received by the Department of Insurance
under Section 12 of this Act.
(2) All fees and reimbursements received by the
Office of the State Fire Marshal.
(3) All receipts from boiler and pressure vessel
certification, as provided in Section 13 of the Boiler and Pressure Vessel Safety Act.
(4) Such other moneys as may be provided by law.
(c) The moneys in the Fire Prevention Fund shall be used, subject to
appropriation, for the following purposes:
(1) Of the moneys deposited into the fund under
Section 12 of this Act, 12.5% shall be available for the maintenance of the Illinois Fire Service Institute and the expenses, facilities, and structures incident thereto, and for making transfers into the General Obligation Bond Retirement and Interest Fund for debt service requirements on bonds issued by the State of Illinois after January 1, 1986 for the purpose of constructing a training facility for use by the Institute. An additional 2.5% of the moneys deposited into the Fire Prevention Fund shall be available to the Illinois Fire Service Institute for support of the Cornerstone Training Program.
(2) Of the moneys deposited into the Fund under
Section 12 of this Act, 10% shall be available for the maintenance of the Chicago Fire Department Training Program and the expenses, facilities and structures incident thereto, in addition to any moneys payable from the Fund to the City of Chicago pursuant to the Illinois Fire Protection Training Act.
(3) For making payments to local governmental
agencies and individuals pursuant to Section 10 of the Illinois Fire Protection Training Act.
(4) For the maintenance and operation of the Office
of the State Fire Marshal, and the expenses incident thereto.
(4.5) For the maintenance, operation, and capital
expenses of the Mutual Aid Box Alarm System (MABAS).
(4.6) For grants awarded by the Small Fire-fighting
and Ambulance Service Equipment Grant Program established by Section 2.7 of the State Fire Marshal Act.
(5) For any other purpose authorized by law.
(c-5) As soon as possible after the effective date of this amendatory Act of the 95th General Assembly, the Comptroller shall order the transfer and the Treasurer shall transfer $2,000,000 from the Fire Prevention Fund to the Fire Service and Small Equipment Fund, $9,000,000 from the Fire Prevention Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from the Fire Prevention Fund to the Ambulance Revolving Loan Fund. Beginning on July 1, 2008, each month, or as soon as practical thereafter, an amount equal to $2 from each fine received shall be transferred from the Fire Prevention Fund to the Fire Service and Small Equipment Fund, an amount equal to $1.50 from each fine received shall be transferred from the Fire Prevention Fund to the Fire Truck Revolving Loan Fund, and an amount equal to $4 from each fine received shall be transferred from the Fire Prevention Fund to the Ambulance Revolving Loan Fund. These moneys shall be transferred from the moneys deposited into the Fire Prevention Fund pursuant to Public Act 95-154, together with not more than 25% of any unspent appropriations from the prior fiscal year. These moneys may be allocated to the Fire Truck Revolving Loan Fund, Ambulance Revolving Loan Fund, and Fire Service and Small Equipment Fund at the discretion of the Office of the State Fire Marshal for the purpose of implementation of this Act.
(d) Any portion of the Fire Prevention Fund remaining unexpended at the
end of any fiscal year which is not needed for the maintenance and expenses of the
Office of the State Fire Marshal or the maintenance and expenses of the
Illinois Fire Service Institute, shall remain in the Fire Prevention Fund for the exclusive and restricted uses provided in subsections
(c) and (c-5) of this Section.
(e) The Office of the State Fire Marshal shall keep on file an itemized
statement of all expenses incurred which are payable from the Fund, other
than expenses incurred by the Illinois Fire Service Institute, and shall
approve all vouchers issued therefor before they are submitted to the State
Comptroller for payment. Such vouchers shall be allowed and paid in the
same manner as other claims against the State.
(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10; 97-114, eff. 1-1-12; 97-901, eff. 1-1-13.)