There is a newer version of the Illinois Compiled Statutes
2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Art 11 prec Div 6 - Fire Protection
(65 ILCS 5/11‑6‑1) (from Ch. 24, par. 11‑6‑1)
Sec. 11‑6‑1.
The corporate authorities of each municipality may provide and
operate fire stations, and all material and equipment that is needed for
the prevention and extinguishment of fires, and may enter into contracts or
agreements with other municipalities and fire protection districts for
mutual aid consisting of furnishing equipment and man power from and to
such other municipalities and fire protection districts.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑6‑1.1)
Sec. 11‑6‑1.1.
Firefighting services outside corporate limits.
A
municipality
may choose to provide firefighting services to property outside its corporate
limits. The corporate authorities of each municipality may fix, charge, and
collect
firefighting service fees not exceeding the actual cost of the service for all
firefighting services rendered by the municipality against persons, businesses,
and other entities that are not residents of the municipality. An additional
charge
may be levied to reimburse the municipality for extraordinary expenses of
materials used in rendering the services. Nothing in this Section shall impact
any
agreement entered into by a municipality and persons, businesses, and other
entities that are not residents of the municipality. Nothing in this Section
shall
require a municipality to supply any firefighting services to property located
outside the corporate limits of the municipality.
(Source: P.A. 93‑304, eff. 7‑23‑03.)
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(65 ILCS 5/11‑6‑2) (from Ch. 24, par. 11‑6‑2)
Sec. 11‑6‑2.
The corporate authorities of each municipality may contract
with fire protection districts organized under "An Act to create Fire
Protection Districts," approved July 8, 1927, as now or hereafter amended,
which are adjacent to the municipality, for the furnishing of fire
protection service for property located within the districts but outside
the limits of the municipality, and may supply fire protection service to
the owners of property which lies outside the limits of the municipality
and may set up by ordinance a scale of charges therefor. The
corporate
authorities of any municipality shall provide fire protection service for
public school buildings situated outside the municipality in accordance
with Section 16‑10 of "The School Code".
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(65 ILCS 5/11‑6‑3) (from Ch. 24, par. 11‑6‑3)
Sec. 11‑6‑3.
The corporate authorities of a municipality may contract with
the Board of Governors of State Colleges and Universities or the Board of
Regents of Regency Universities to provide fire protection to any
university under the jurisdiction of the respective Board and located, in
whole or in part, within the municipality. Such contract shall be as
specified by Section 9 of "An Act to provide for the management, operation,
control and maintenance of the State Colleges and Universities System",
approved July 2, 1951, as heretofore or hereafter amended, or paragraph (j)
of Section 8 of "An Act providing for the management, operation, control
and maintenance of the Regency Universities System", approved May 11, 1967,
as the case may be.
(Source: P. A. 76‑825.)
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(65 ILCS 5/11‑6‑4) (from Ch. 24, par. 11‑6‑4)
Sec. 11‑6‑4.
The corporate authorities of any municipality may contract with the
board of any public community college district to reimburse
the municipality for any
additional costs for fire protection service, including equipment,
apparatus, or firemen occasioned by the presence of any public community college
building within the municipality.
(Source: P.A. 82‑622.)
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(65 ILCS 5/11‑7‑1) (from Ch. 24, par. 11‑7‑1)
Sec. 11‑7‑1.
The corporate authorities of any city or village containing
less than 500,000 inhabitants may levy, annually, a tax not to exceed .075%
of the value, as equalized or assessed by the Department of Revenue, of
all taxable property therein, to provide revenue for the purpose of fire
protection in the municipality. However, municipalities authorized to levy
this tax on July 1, 1967 shall have a rate limit of .15%, or the limit in
effect on July 31, 1969, whichever is greater. This tax shall be in addition
to and in excess of all taxes authorized by law to be levied and collected
in that municipality and shall be in addition to and in excess of the amount
authorized to be levied for general purposes as provided by Section 8‑3‑1.
(Source: P.A. 81‑1509.)
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(65 ILCS 5/11‑7‑3) (from Ch. 24, par. 11‑7‑3)
Sec. 11‑7‑3.
In any municipality which is authorized to levy a tax
under Section 11‑7‑1 of this Division 7, the tax rate limit so
authorized may be increased to not to exceed .40%, or beginning in taxable
year 2000, .60%, of the value of all
the taxable property in such municipality, provided the proposition for
such tax rate increase has been submitted to the electors of that
municipality and approved by a majority of those voting on the question.
The referendum authorized by the terms of this section may be ordered by
the corporate authorities, the question to be certified by the clerk and
submitted at an election in accordance with the general election law.
However, any municipality whose rate limitation for fire protection
purposes is .30% on July 1, 1967 may by ordinance increase its rate
limit in the future for such purposes to .40% and any municipality which
levied a tax for fire protection purposes in 1960 and whose rate
limitation for such purposes is less than .30% on July 29, 1969 may by
ordinance increase its rate limit to .30%. A notice of the passage of
the ordinance establishing such rate limit at not to exceed .40% or
.30%, as the case may be, shall be published once in a newspaper having
a general circulation in the municipality. The publication of the notice
of the ordinance shall include a notice of (1) the specific number of
voters required to sign a petition requesting that the question of the
increased rate limit be submitted to the voters of the municipality; (2)
the time within which the petition must be filed; and (3) the date of the
prospective referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
The ordinance shall take effect 30 days after publication of that
notice unless within that time a petition, signed by not less than a
number of voters in the municipality equal to 10% or more of the
registered voters of the municipality is filed with the municipal clerk
requesting the submission to a referendum of the question of whether the
municipality shall have the authority to levy a tax for fire protection
purposes at not to exceed the rate limit specified in the ordinance. Any
such election shall be conducted in accordance with the general election law.
(Source: P.A. 91‑299, eff. 7‑29‑99.)
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(65 ILCS 5/11‑8‑1) (from Ch. 24, par. 11‑8‑1)
Sec. 11‑8‑1.
The corporate authorities of each municipality may establish
and maintain for reasonable charges electrical appliances in public or
private buildings for fire and police protection upon application of the
custodian of public buildings, or of the owner of private buildings.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑8‑2) (from Ch. 24, par. 11‑8‑2)
Sec. 11‑8‑2.
The corporate authorities of each municipality may prevent the
dangerous construction, installation and condition of chimneys, fireplaces,
hearths, stoves, furnaces, pipes, ovens, boilers, fuel conduits, electric
wiring and any other fire or heating apparatus used in and about any
building, structure or camp accommodating persons in house trailers, house
cars, and, if such enumerated are in a dangerous condition may cause them
to be removed or placed in a safe condition. The corporate authorities also
may cause all buildings and enclosures which are in a dangerous fire
condition to be put in a safe fire condition, may regulate and prevent the
carrying on of factories that are dangerous in causing or promoting fires,
and may prevent the deposit of ashes in places that create a fire hazard.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑8‑3) (from Ch. 24, par. 11‑8‑3)
Sec. 11‑8‑3.
For the purpose of guarding against the calamities of fire,
the corporate authorities of each municipality may prescribe the limits
within which wooden buildings shall not be erected, placed, or repaired,
without permission, and, whenever buildings within the fire limits have
deteriorated or have been damaged by any means to the extent of 50% of
their value, may direct that such buildings shall be torn down or removed,
and to prescribe the manner of ascertaining whether the specified damage
has occurred.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑8‑4) (from Ch. 24, par. 11‑8‑4)
Sec. 11‑8‑4.
The corporate authorities of each municipality may regulate
and prevent the storage of turpentine, tar, pitch, resin, hemp, cotton,
gunpowder, nitroglycerine, petroleum, or any of their products, and other
similar combustible or explosive materials; may regulate and prevent the
use of lights and combustible liquids in buildings, and the building of
bonfires; and may regulate and prevent the use of firecrackers, torpedoes,
and all sorts of fireworks provided that such regulation or prohibition is
consistent with the provisions of the following acts as such acts are
heretofore and hereafter amended: "The Fireworks Regulation Act of
Illinois" and "An Act to prohibit the sale, offering or exposing for sale
of fireworks; defining fireworks and to regulate the manner of using
fireworks, and to provide penalties for the violation of the provisions of
the Act," approved July 1, 1941.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑8‑5) (from Ch. 24, par. 11‑8‑5)
Sec. 11‑8‑5.
The corporate authorities of each municipality may regulate
and prohibit the keeping of any lumber or coal yard, or the placing,
piling, or selling of any lumber, timber, wood, coal, or other combustible
material within the fire limits of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑8‑6) (from Ch. 24, par. 11‑8‑6)
Sec. 11‑8‑6.
The corporate authorities of each municipality may regulate
persons engaged in the business of servicing, repairing or refilling fire
extinguishers.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑9‑1) (from Ch. 24, par. 11‑9‑1)
Sec. 11‑9‑1.
The fire inspector of every municipality with a population of
500,000 or more shall investigate the cause, origin, and circumstances of
every fire occurring in the municipality and shall especially investigate
whether it was the result of carelessness or design. Such an investigation
shall be begun within 2 days, not including Sunday, of the occurrence of a
fire. The fire inspector shall keep in his office a record of all fires
occurring in the municipality, together with a record of all the facts,
statistics, and circumstances, including the origin of the fire and the
value and ownership of the property destroyed, which may be determined by
the investigations provided for by this Division 9. This record shall be
open to public inspection at all times.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑9‑2) (from Ch. 24, par. 11‑9‑2)
Sec. 11‑9‑2.
If he deems it necessary, the specified fire inspector shall
take, or cause to be taken, the sworn testimony of all persons supposed to
be cognizant of any facts or to have means of knowledge in relation to the
matters as to which an examination is required by Section 11‑9‑1 to be
made, and cause the testimony to be reduced to writing. If the fire
inspector is of the opinion that there is evidence sufficient to charge a
person with the crime of arson, the fire inspector shall cause that person
to be arrested and charged with that offense. He shall furnish to the
state's attorney the names of the witnesses and all information obtained by
him, including a copy of all pertinent and material testimony taken in the
case. The fire inspector shall report to the Director of Insurance, for the
Department of Insurance, as that Director requires, his proceedings and the
progress made in all prosecutions of arson and the result of all cases
which are finally disposed of.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑9‑3) (from Ch. 24, par. 11‑9‑3)
Sec. 11‑9‑3.
The specified fire inspector has the powers of a trial judge
for the purpose of summoning and compelling the attendance of witnesses
before him to testify in relation to any matter which is, by the provisions
of Section 11‑9‑1, a subject of investigation. The fire inspector may also
administer oaths and affirmations to persons appearing as witnesses before
him. False swearing in any matter or proceeding provided for in Sections
11‑9‑1 and 11‑9‑2 is perjury and shall be punished as such. The fire
inspector and his subordinates have authority at all times of the day or
night, in the performance of the duties imposed by the provisions of
Sections 11‑9‑1 and 11‑9‑2, to examine any building or premises where a
fire has occurred and adjoining and nearby buildings and premises. All
investigations held by or under the direction of the fire inspector may be
private, in his discretion. Persons other than those required to be present
by the provisions of Sections 11‑9‑1 and 11‑9‑2 may be excluded from the
place where the investigation is held, and the witnesses may be kept apart
from each other and not allowed to communicate with each other until they
have been examined.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑9‑4) (from Ch. 24, par. 11‑9‑4)
Sec. 11‑9‑4.
Any owner or occupant of a building or premises who fails to
comply with the orders of the fire inspector, as specified in Section
11‑9‑3, shall be guilty of a petty offense and shall be fined not less than
$10 nor more than $50 for each day's neglect. If the fire inspector
neglects or refuses to comply with any of the requirements of this Division
9, he shall be guilty of a petty offense.
(Source: P. A. 77‑2500.)
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(65 ILCS 5/11‑10‑1) (from Ch. 24, par. 11‑10‑1)
Sec. 11‑10‑1.
In each municipality or fire protection district, whether
incorporated under a general or special law, which has a fire department
established and maintained by municipal or fire protection district
ordinances, every corporation, company, and association which is not
incorporated under the laws of this state and which is engaged in effecting
fire insurance in the municipality or fire protection district, shall pay
to the treasurer of the municipality or to the secretary of the fire
protection district for the maintenance, use, and benefit of the fire
department thereof, a sum not exceeding 2% of the gross receipts received
from fire insurance upon property situated within the municipality or
district.
Each municipality and fire protection district may prescribe by
ordinance the rate of the tax or license fee to be paid, but this rate
shall not exceed the rate specified in this section. Each designated
corporation, company, and association shall pay at the rate so prescribed,
upon the amount of all premiums which have been received during the year
ending on every first day of July for all fire insurance effected or agreed
to be effected on property situated within the municipality or fire
protection district, by that corporation, company, or association
respectively.
Every person who acts in any specified municipality or fire protection
district as agent, or otherwise, on behalf of a designated corporation,
company, or association, shall render to the municipal comptroller, if
there is one, or if not to the municipal clerk or secretary of the fire
protection district, on or before the fifteenth day of July of each year, a
full and true account, verified by his oath, of all of the premiums which,
during the year ending on the first day of July preceding the report, were
received by him, or by any other person for him on behalf of that
corporation, company, or association. He shall specify in this report the
amounts received for fire insurance, and he shall pay to the treasurer of
the municipality, or to the secretary of the fire protection district, at
the time of rendering this report, the amount as determined by the rate
fixed by the ordinance of the municipality or fire protection district for
which his corporation, company, or association is accountable under this
section and the ordinance.
If this account is not rendered on or before the fifteenth day of July
of each year, or if the sum due remains unpaid after that day, it shall be
unlawful for any corporation, company, or association, so in default, to
transact any business in the municipality or fire protection district until
the sum due has been fully paid. But this provision shall not relieve any
corporation, company, or association from the payment of any loss upon any
risk that may be taken in violation of this requirement.
The amount of this tax or license fee may be recovered from the
corporation, company, or association which owes it, or from its agent, by
an action in the name and for the use of the municipality or fire
protection district as for money had and received.
The municipal comptroller, if any, and if not, then the municipal clerk
or the secretary of the fire protection district, may examine the books,
records, and other papers and documents of a designated agent, corporation,
company, or association for the purpose of verifying the correctness of the
report of the amounts received for fire insurance.
This section shall not be applicable to receipts from contracts of
marine insurance, even though they include insurance against fire, where
the premium for the fire insurance is not separately specified.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑10‑2) (from Ch. 24, par. 11‑10‑2)
Sec. 11‑10‑2.
The corporate authorities of any municipality containing
less than 250,000 inhabitants which has an organized fire department shall
pass an ordinance providing for the election of officers of the
department foreign fire insurance board by the members of the
department. All members of the department shall be eligible to be elected as
officers of the department foreign fire insurance board. These officers
shall include a treasurer, and they shall make all needful rules and
regulations with respect to the department foreign fire insurance board and
the management of the money to be appropriated to the board. The officers of the department foreign fire insurance board
shall develop and maintain a listing of those items that the board feels are
appropriate
expenditures under this Act. All of the money paid to the municipal treasurer
as provided in Section 11‑10‑1 shall be set apart and shall be appropriated
annually by the corporate authorities to the department foreign fire insurance
board. The treasurer of the department foreign
fire insurance board shall give a sufficient bond to the municipality
in which the fire department is organized. This bond shall be approved by
the mayor or president, as the case may be, conditioned upon the faithful
performance by the treasurer of his or her duties under the ordinance and
the rules and regulations provided for in this section. The treasurer
of the department foreign fire insurance board shall receive the
appropriated money and shall pay out the money upon the
order of the department foreign fire insurance board for the
maintenance, use, and benefit of the department.
As part of the annual municipal audit, these funds shall be audited to verify
that these purchases are for the maintenance, use, and benefit of the
department.
The provisions of this Section shall be the exclusive power of the
State, pursuant to subsection (h) of Section 6 of Article VII of the
Constitution.
(Source: P.A. 89‑63, eff. 6‑30‑95.)
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(65 ILCS 5/11‑10‑3) (from Ch. 24, par. 11‑10‑3)
Sec. 11‑10‑3.
Any person, corporation, company, or association which
violates any of the provisions of this Division 10 is guilty of a Class B
misdemeanor.
(Source: P. A. 77‑2500.)
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