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91_HB1190
LRB9101686MWpc
1 AN ACT to amend the State Fire Marshal Act by adding
2 Section 3.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Fire Marshal Act is amended by
6 adding Section 3.5 as follows:
7 (20 ILCS 2905/3.5 new)
8 Sec. 3.5. Donation of equipment.
9 (a) A person may donate used or obsolete fire control or
10 rescue equipment to the Office of the State Fire Marshal for
11 the Office's use or for the Office to distribute to volunteer
12 fire departments. In this Section, "fire control or fire
13 rescue equipment" includes vehicles, fire fighting tools,
14 protective gear, breathing apparatus, and other supplies and
15 tools used in fire fighting or fire rescue.
16 (b) A person is not liable for civil damages for
17 personal injury, property damage, or death resulting from a
18 defect in equipment donated in good faith under this Section
19 unless the person's conduct is willful or wanton or the
20 person has actual knowledge of the defect. The State Fire
21 Marshal, and his or her officers and employees, are not
22 liable for civil damages for personal injury, property
23 damage, or death resulting from a defect in equipment sold,
24 loaned, or otherwise made available in good faith by the
25 State Fire Marshal under this Section unless the State Fire
26 Marshal's conduct is willful or wanton or the State Fire
27 Marshal has actual knowledge of the defect. The provisions
28 of this subsection (b) apply only to causes of action that
29 accrue on or after the effective date of this amendatory Act
30 of the 91st General Assembly.
31 (c) A breathing apparatus that is donated to the Office
-2- LRB9101686MWpc
1 of the State Fire Marshal must be recertified to
2 manufacturer's specifications by a technician certified by
3 the manufacturer before it is made available to a volunteer
4 fire department.