Full Text of HB4342 94th General Assembly
HB4342sam004 94TH GENERAL ASSEMBLY
|
Sen. Iris Y. Martinez
Filed: 4/7/2006
|
|
09400HB4342sam004 |
|
LRB094 12779 RLC 58189 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4342
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4342, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The Mobile Home Park Act is amended by adding | 6 |
| Section 9.15 and changing Section 21 as follows: | 7 |
| (210 ILCS 115/9.15 new) | 8 |
| Sec. 9.15. Fire safety. All private water supply systems | 9 |
| and hydrants for fire safety purposes in existence on the | 10 |
| effective date of this amendatory Act of the 94th General | 11 |
| Assembly shall be maintained in operable condition and good | 12 |
| repair as defined by the State Fire Marshal or mobile home park | 13 |
| licensing agency. A mobile home park that does not have a | 14 |
| private water supply system and hydrants shall have an | 15 |
| agreement, approved by the State Fire Marshal or licensing | 16 |
| agency in consultation with the municipal fire department or | 17 |
| the local fire protection district, to provide an adequate and | 18 |
| reliable water supply for fire mitigation needs. Nothing in | 19 |
| this Section shall be construed to mandate a mobile home park, | 20 |
| constructed prior to 1998, to install new water supply systems | 21 |
| or hydrants for fire safety purposes. | 22 |
| Each mobile home park shall be inspected annually pursuant | 23 |
| to the applicable mobile home park fire protection standards by | 24 |
| the municipal fire department or fire protection district that |
|
|
|
09400HB4342sam004 |
- 2 - |
LRB094 12779 RLC 58189 a |
|
| 1 |
| has jurisdictional responsibility for responding to a fire call | 2 |
| in that park. As used in this Section, "applicable mobile home | 3 |
| park fire protection standards" means (i) in the case of a home | 4 |
| rule unit, the fire protection standards ordinance of the | 5 |
| municipality or fire protection district that has | 6 |
| jurisdictional responsibility for responding to a fire call in | 7 |
| that park or (ii) if there is no ordinance or in the case of a | 8 |
| non-home rule unit, the rules adopted by the Office of the | 9 |
| State Fire Marshal for fire safety in mobile home parks. If, | 10 |
| upon inspection, the municipal fire department or fire | 11 |
| protection district finds that a park does not meet the | 12 |
| applicable fire protection standards, the municipal fire | 13 |
| department or fire protection district shall give within 5 | 14 |
| working days of the inspection a written notice of violation to | 15 |
| the licensee and to the Department of Public Health of any | 16 |
| violation or required modification or repair. The licensee has | 17 |
| 30 days after receipt of the written notice to correct the | 18 |
| violation or make the required modification or repair. Not less | 19 |
| than 30 days after the licensee's receipt of the notice, the | 20 |
| municipal fire department or fire protection district shall | 21 |
| reinspect the park and issue a written reinspection report to | 22 |
| the licensee and to the Department of Public Health concerning | 23 |
| the status of the licensee's compliance with the notice and | 24 |
| whether any violation still exists. If the municipal fire | 25 |
| department or fire protection district determines on | 26 |
| reinspection that a licensee has made a good faith and | 27 |
| substantial effort to comply with the notice but that | 28 |
| compliance is not complete, the municipal fire department or | 29 |
| fire protection district may grant the licensee an extension of | 30 |
| time for compliance, as they deem fit, by a written notice of | 31 |
| extension of time for compliance issued within 5 working days | 32 |
| after the reinspection that identifies what remains to be | 33 |
| corrected, modified, or repaired and a date by which compliance | 34 |
| must be achieved. If an extension is granted, the municipal |
|
|
|
09400HB4342sam004 |
- 3 - |
LRB094 12779 RLC 58189 a |
|
| 1 |
| fire department or fire protection district shall make another | 2 |
| inspection within 10 days after the date set for compliance and | 3 |
| issue a final written report to the licensee and the Department | 4 |
| of Public Health concerning the status of the licensee's | 5 |
| compliance with the notice, written report, and written notice | 6 |
| of extension of time for compliance and whether a violation | 7 |
| still exists. If a licensee fails to cure the violation or | 8 |
| comply with the requirements stated in the notice of violation, | 9 |
| or if a written notice of extension of time for compliance is | 10 |
| issued and the final written report states that a violation | 11 |
| still exists, the municipal fire department or fire protection | 12 |
| district shall notify the Department of Public Health of the | 13 |
| licensee's failure to comply with the notice of violation and | 14 |
| the written report and shall deliver to the Department for | 15 |
| purposes of enforcement under this Section copies of all | 16 |
| written notices and reports concerning the violation.
| 17 |
| Upon receipt of the written reports concerning the | 18 |
| violation, the Department shall issue to the licensee a notice | 19 |
| of intent to assess civil penalties in the amount of $500 per | 20 |
| day, per violation for non-compliance with the written notice | 21 |
| of violation issued by the municipal fire department or fire | 22 |
| protection district and provide the licensee with the | 23 |
| opportunity for an administrative hearing pursuant to the | 24 |
| provisions of Section 22 of this Act.
| 25 |
| Notwithstanding the foregoing provisions of this Section, | 26 |
| the enforcement of home rule ordinances and regulations shall | 27 |
| be by the appropriate local authorities, including local public | 28 |
| health departments, municipal attorneys, and State's | 29 |
| Attorneys.
| 30 |
| A home rule unit may not regulate the legal rights, | 31 |
| remedies, and obligations of a licensee under this Section in a | 32 |
| manner less restrictive than the regulation by the State of | 33 |
| fire safety in a mobile home park under this Section. This | 34 |
| Section is a limitation under subsection (i) of Section 6 of |
|
|
|
09400HB4342sam004 |
- 4 - |
LRB094 12779 RLC 58189 a |
|
| 1 |
| Article VII of the Illinois Constitution on the concurrent | 2 |
| exercise by home rule units of powers and function exercised by | 3 |
| the State. | 4 |
| This Section does not apply to any mobile home park located | 5 |
| within a home rule county if the home rule county actively | 6 |
| regulates mobile home parks.
| 7 |
| (210 ILCS 115/21) (from Ch. 111 1/2, par. 731)
| 8 |
| Sec. 21. The Department shall enforce the provisions of | 9 |
| this Act and the
rules and regulations adopted pursuant thereto | 10 |
| affecting health,
sanitation, water supply, sewage, garbage , | 11 |
| fire safety, and waste disposal, and the
Department shall | 12 |
| inspect, at least once each year, each mobile home park
and all | 13 |
| the accommodations and facilities therewith. Such officials or
| 14 |
| officers are hereby granted the power and authority to enter | 15 |
| upon the
premises of such parks at any time for the purposes | 16 |
| herein set forth.
| 17 |
| The Department may issue rules and regulations to carry out | 18 |
| the
provisions of this Act. Such rules may contain provisions | 19 |
| for the
Department to grant a waiver to a mobile home park, if | 20 |
| the intent and
purpose of the Act are met.
| 21 |
| The Department is empowered to assess civil penalties for | 22 |
| violations of Section 9.15 of this Act. Civil penalties in the | 23 |
| amount of $500 per day, per violation shall be assessed for | 24 |
| non-compliance with the written notice of violation issued by a | 25 |
| municipal fire department or fire protection district. An | 26 |
| additional civil penalty of $500 per day of violation shall be | 27 |
| assessed against a licensee who knowingly rents or offers for | 28 |
| rent a mobile home or mobile home site without taking | 29 |
| appropriate corrective action to remedy a notice of violation | 30 |
| issued by a municipal fire department or fire protection | 31 |
| district. The first day of violation for purposes of assessing | 32 |
| a fine shall be the date of the licensee's receipt of the | 33 |
| written report following the reinspection, if the written |
|
|
|
09400HB4342sam004 |
- 5 - |
LRB094 12779 RLC 58189 a |
|
| 1 |
| report states that a violation still exists. If a written | 2 |
| notice of extension of time for compliance is issued and the | 3 |
| final written report states that a violation still exists, the | 4 |
| first day of violation for purposes of assessing a fine shall | 5 |
| be the date of the licensee's receipt of the final written | 6 |
| report. The Department shall deposit all fees and fines | 7 |
| collected under this Act into the Facility Licensing Fund. | 8 |
| Moneys in the Fund, subject to appropriation, shall be used for | 9 |
| the enforcement of this Act.
| 10 |
| In the administration and enforcement of this Act, the | 11 |
| Department may
designate and use full-time city or county | 12 |
| health departments as its agents
in making inspections and | 13 |
| investigations.
| 14 |
| (Source: P.A. 85-565.)".
|
|