2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 2905/ State Fire Marshal Act.
(20 ILCS 2905/0.01) (from Ch. 127 1/2, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
State Fire Marshal Act.
(Source: P.A. 86‑1324.)
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(20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
Sec. 1. There is hereby created the Office of the State Fire
Marshal, hereinafter referred to as the Office.
The Office shall be under an executive director who shall be
appointed by the Governor with the advice and consent of the Senate.
The executive director of the Office shall be known as the State Fire
Marshal and shall receive an annual salary as set by the Governor from time
to time or as set by
the
Compensation Review Board, whichever is greater.
If set by the Governor, the annual salary may not exceed 85% of the annual
salary of the Governor.
The Office of the State Fire Marshal shall have a division that shall assume the duties of the Division of Fire
Prevention, Department of Law Enforcement, and a division that shall assume the duties of Illinois Fire
Protection Personnel Standards and Education Commission. Each division
shall be headed by a division manager who shall be employed by the Fire Marshal, subject to the Personnel
Code, and shall be responsible to the Fire Marshal.
(Source: P.A. 94‑178, eff. 1‑1‑06.)
(20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)
Sec. 2. The Office shall have the following powers and duties:
1. To exercise the rights, powers and duties which have been vested
by law in the Department of State Police as the successor of the
Department of Public Safety, State Fire Marshal, inspectors, officers and employees of the State Fire Marshal,
including arson investigation.
2. To keep a record, as may be required by law, of all fires
occurring in the State, together with all facts, statistics and
circumstances, including the origin of fires.
3. To exercise the rights, powers and duties which have been vested
in the Department of State Police by the "Boiler and Pressure Vessel
Safety Act", approved August 7, 1951, as amended.
4. To administer the Illinois Fire Protection Training Act.
5. To aid in the establishment and maintenance of the training facilities
and programs of the Illinois Fire Service Institute.
6. To disburse Federal grants for fire protection purposes to units of
local government.
7. To pay to or in behalf of the City of Chicago for the maintenance,
expenses, facilities and structures directly incident to the Chicago Fire
Department training program. Such payments may be made either as
reimbursements for expenditures previously made by the City, or as payments at the time
the City has incurred an obligation which is then due and payable for such
expenditures. Payments for the Chicago Fire Department training program
shall be made only for those expenditures which are not claimable by the
City under "An Act relating to fire protection training", certified November
9, 1971, as amended.
8. To administer General Revenue Fund grants to areas not located in a
fire protection district or in a municipality which provides fire
protection services, to defray
the organizational expenses of forming a fire protection district.
9. In cooperation with the Illinois Environmental Protection Agency,
to administer the Illinois Leaking Underground Storage Tank program in
accordance with Section 4 of this Act and Section 22.12 of the
Environmental Protection Act.
10. To expend state and federal funds as appropriated by the General Assembly.
11. To provide technical assistance, to areas not located in a fire
protection district or in a municipality which provides fire protection
service, to form a fire protection district, to join an existing district,
or to establish a municipal fire department, whichever is applicable.
12. To exercise such other powers and duties as may be
vested in the Office by law.
(Source: P.A. 94‑178, eff. 1‑1‑06.)
(20 ILCS 2905/2.5)
Sec. 2.5. Equipment exchange program.
(a) The Office shall create and maintain an
equipment exchange program under which fire departments, fire protection
districts, and township fire departments can donate or sell
equipment to, trade equipment with, or buy equipment from each other.
(b) Under this program, the Office shall maintain a website that allows fire departments, fire protection
districts, and township fire departments to post information and photographs about needed equipment and equipment that is available for trade, donation, or sale. This website must be separate from, and not a part of, the Office's main website; however, the Office must post a hyperlink on its main website that points to the website established under this subsection (b).
(c) The Office or a fire department, fire protection district, or township fire department that
donates, trades, or sells fire protection equipment to another fire department, fire protection
district, or township fire department under this Section
is
not liable for any damage or injury caused by the donated, traded, or sold fire protection
equipment, except for damage or injury caused by its willful and wanton
misconduct,
if it discloses in writing to the recipient at the time of the
donation, trade, or sale any known damage to
or deficiencies in the equipment.
This Section does not relieve any fire department, fire protection district,
or
township fire department from liability, unless otherwise provided by law, for
any
damage or injury caused by donated, traded, or sold fire protection equipment that was received
through the equipment exchange program.
(d) The Office must promote the program to encourage the efficient exchange of equipment among local government entities.
(e) The Office must implement the changes to the equipment exchange program required under this amendatory Act of the 94th General Assembly no later than July 1, 2006.
(Source: P.A. 93‑305, eff. 7‑23‑03; 94‑175, eff. 7‑12‑05.)
(20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
Sec. 3.
There is created the Illinois Fire Advisory Commission which
shall advise the Office in the exercise of its powers and duties. The
Commission shall be appointed by the Governor as follows:
3 professional, fulltime paid firefighters;
one volunteer firefighter;
one Fire Protection Engineer who is registered in
Illinois;
one person who is a representative of the Fire
Insurance industry in Illinois; and
3 persons with an interest in and knowledgeable
about fire prevention methods.
In addition, the following shall serve as ex officio members of the
Commission: the Chicago Fire Commissioner, or his designee; the
executive officer, or his designee of each of the following
organizations: the Illinois Fire Chiefs Association, the Illinois Fire
Protection District Association, the Illinois Fire Inspectors
Association, the Illinois Professional Firefighters Association, the
Illinois Firemen's Association, the Associated Firefighters of Illinois,
the Illinois Society of Fire Service Instructors
and the Fire Service Institute, University of Illinois.
The Governor shall designate, at the time of appointment, 3 members
to serve terms expiring on the third Monday in January, 1979; 3 members
to serve terms expiring the third Monday in January, 1980; and 2 members
to serve terms expiring the third Monday in January, 1981. The
additional member appointed by the Governor pursuant to this amendatory Act
of 1987 shall serve for a term expiring the third Monday in January, 1990. Thereafter,
all terms shall be for 3 years. A member shall serve until his or her
successor is appointed and qualified. A vacancy shall be filled for the
unexpired term.
The Governor shall designate one of the appointed members to be
chairman of the Commission.
Members shall serve without compensation but shall be reimbursed for
their actual reasonable expenses incurred in the performance of their
duties.
(Source: P.A. 85‑718.)
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