Ill. Admin. Code tit. 41 § 149.30

Current through Register Vol. 49, No. 2, January 10, 2025

Section 149.30 - Jurisdiction, Powers, Penalties, and Right of Entry

a) Jurisdiction

1) This Part applies to localities and PMCs located within the State of Illinois, pursuant to State and federal law.

2)All local officers charged with the duty of investigating fires shall enforce this Part, under the direction of OSFM, except in those localities that have adopted fire prevention and safety standards equal to or higher than the standards in this Part [ 425 ILCS 25/9] .

b) Powers

1) OSFM is authorized and directed to enforce this Part.

2) OSFM may make, or cause to be made, inspections of PMCs based upon:

A) OSFM's own initiative;

B) Requests from agencies of the State and local government;

C) Complaints from the public;

D) Known or observed violations;

E) Known or observed potential for loss of lives or damage to property from fire;

F) Prevention of fire; or

G) Ensuring the safety of life during any emergency requiring evacuation.

3) Under the direction of OSFM, the chief of the local fire department is empowered and directed to make inspections in the geographical area of that chief's responsibility.

4) The inspections will be conducted in accordance with this Part, subject to available resources.

5) When any inspection discloses a violation of this Part, OSFM or the local fire chief shall notify the owner, occupant or other interested party, as provided in Section 9 of the Act, to correct the violation. Violations shall be corrected within the time limit stated by OSFM or the local fire chief.

c) Penalties

The penalties for violation of this Part shall be those stated in the Act.

d) Right of Entry

OSFM, and the officers of cities, villages, towns and fire protection districts charged with the duty of investigating fire by the Act, shall, under the direction of OSFM, inspect and examine, at reasonable hours, any PMC located within the State of Illinois to determine whether there are any violations of this Part or the local ordinances for the protection of life and property from fire or other emergency. Local officials having jurisdiction are empowered and directed to invoke any provisions of this Part to enforce correction of any condition hazardous to life and property from fire or other emergency.

Ill. Admin. Code tit. 41, § 149.30

Adopted at 43 Ill. Reg. 10033, effective 1/1/2020