2005 Illinois Code - Chapter 70 Special Districts 70 ILCS 715/ Fire Protection of Unprotected Area Act.
(70 ILCS 715/0.01) (from Ch. 127 1/2, par. 300)
Sec. 0.01.
Short title.
This Act may be cited as the
Fire Protection of Unprotected Area Act.
(Source: P.A. 86‑1324.)
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(70 ILCS 715/1) (from Ch. 127 1/2, par. 301)
Sec. 1.
As used in this Act:
"Unprotected area" means any part of an unincorporated area of a county
of less than 500,000 inhabitants, which is not part of a fire protection
district, or which does not have available on voluntary or contractual
basis a source of fire protection coverage.
"Fire Marshal" means the State Fire Marshal.
"Fire Protection District" includes fire departments of units of
local government.
"Fire Protection Coverage" means the availability of fire protection on
a voluntary, or contractual basis, from a fire department or fire protection
district, or eligibility to receive services from a unit of local
government that provides fire protection.
(Source: P.A. 79‑1054.)
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(70 ILCS 715/2) (from Ch. 127 1/2, par. 302)
Sec. 2.
After December 31, 1975, all unprotected areas of unincorporated
portions of counties of less than 500,000 inhabitants shall be eligible
for
assignment by the Fire Marshal of fire protection coverage from a fire
protection district. Incorporated areas and municipal fire
departments shall
be exempt from the provisions of this Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(70 ILCS 715/3) (from Ch. 127 1/2, par. 303)
Sec. 3.
Upon written request to the Fire Marshal, from
registered voters of an unprotected area,
the Fire Marshal is authorized to contact with all
practicable speed fire protection districts near such unprotected
area, to seek to arrange for fire protection coverage from a fire
protection district under a voluntary, negotiated fee basis.
(Source: P.A. 83‑392.)
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(70 ILCS 715/4) (from Ch. 127 1/2, par. 304)
Sec. 4.
(a) If unable to arrange or negotiate successfully for fire
protection coverage on a fee basis to the unprotected area within a reasonable
period of time, the Fire Marshal may assign a source of fire protection
coverage to the unprotected
area from a nearby fire protection district.
(b) Whenever fire protection coverage services are provided to an unprotected
area, the persons requesting
such services after the effective date of this amendatory Act of 1983
shall pay to the fire protection district providing the services an amount
equal to the Fire Protection Tax levied by the fire protection district
providing fire protection services.
Such amount shall be paid annually on the anniversary date of the assignment.
(c) The fire protection district that provides fire protection coverage
services shall request payment each year as required by paragraph (b)
from the persons requesting such
services. Such request shall be sent by first class mail. If no payment
is received within 30 days, a second request shall be sent. If no payment
is received within 15 days after the second request is sent, a third request
for payment shall be sent by certified mail.
If no payment is received within 15 days after the mailing of the third
notice, the fire protection district shall certify to the Fire
Marshal that the above notices were sent and that payment was not received.
Upon receipt of the certification of nonpayment, the Fire Marshal shall
terminate the assignment to such person's property.
(Source: P.A. 83‑392.)
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(70 ILCS 715/5) (from Ch. 127 1/2, par. 305)
Sec. 5.
Except as otherwise provided in this Section, an assignment
under this Act shall be in force for 2 years.
After such time no part of the area shall be eligible for another assignment.
A person that has been assigned fire protection
coverage services pursuant to this Act may petition the corporate
authorities of the fire protection district providing such coverage for a
continued assignment of coverage under this Act. If the corporate
authorities agree to such continued assignment, they shall notify the Fire
Marshal of such agreement and shall continue to provide for fire protection
coverage to the property so long as payments to the district for such
coverage as provided in this Act are made.
(Source: P.A. 85‑1434.)
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(70 ILCS 715/6) (from Ch. 127 1/2, par. 306)
Sec. 6.
The provisions of this statute, as provided in Section 4, shall in no
way supersede the responsibility of the assigned fire protection district
to respond to calls for fire protection coverage within their own
district, or under prior contractual agreements, on a priority basis. The
assignment authority of the Fire Marshal, as provided herein,
shall require a fire protection district to provide fire protection
coverage, to the best of their ability, subject to above priority considerations.
(Source: P.A. 79‑1054.)
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(70 ILCS 715/7) (from Ch. 127 1/2, par. 307)
Sec. 7.
Exemptions from provisions of this Act.
(a) Where a designated or assigned fire protection district can show
cause, to the satisfaction of the Fire Marshal, that assignment to
provide fire protection coverage to an unprotected area would raise the
fire rating classification of the district to a higher category or
classification than that presently held, it shall, upon presentation
of such sufficient evidence to the State Fire Marshal, be exempt from
assignment by provisions of this statute to a designated area.
(b) Territory formerly included in a fire protection district which has
been dissolved pursuant to Section 15a of "An Act in relation to fire protection
districts", approved July 8, 1927, as amended, shall be exempt from assignment
and negotiation under the provisions of this Act
for a period of 24 months after such dissolution.
(Source: P.A. 83‑392.)
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(70 ILCS 715/8) (from Ch. 127 1/2, par. 308)
Sec. 8.
Nothing in this Act limits an area from forming
its own fire protection district or annexing to a fire protection district
according to the laws of Illinois.
(Source: P.A. 79‑1054.)
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