2023 Illinois Compiled Statutes › 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.)
(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. 
For terms beginning after January 18, 2019 (the effective date of Public Act 100-1179) and before January 16, 2023, the State Fire Marshal's annual salary shall be an amount equal to 15% more than the State Fire Marshal's annual salary as of December 31, 2018. The calculation of the 2018 salary base for this adjustment shall not include any cost of living adjustments, as authorized by Senate Joint Resolution 192 of the 86th General Assembly, for the period beginning July 1, 2009 to June 30, 2019. On July 1, 2019 and each July 1 thereafter through July 1, 2022, the State Fire Marshal shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.
Notwithstanding any other provision of law, for terms beginning on or after January 16, 2023, the State Fire Marshal shall receive an annual salary of $165,000 or as set by the Governor, whichever is higher.  On July 1, 2023, and on each July 1 thereafter, the State Fire Marshal shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.
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. 102-1115, eff. 1-9-23.)
(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 Illinois 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. Arson investigations conducted by the State Fire Marshal's Office shall be conducted by State Fire Marshal Arson Investigator Special Agents, who shall be peace officers  as provided in the Peace Officer Fire Investigation Act.
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 Illinois State Police by the Boiler and Pressure Vessel Safety Act.
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 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. 102-538, eff. 8-20-21.)
(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, in consultation with the Department of Innovation and Technology, 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 Public Act 94-175 no later than July 1, 2006.
(Source: P.A. 100-611, eff. 7-20-18; 101-81, eff. 7-12-19.)
(20 ILCS 2905/2.7)
Sec. 2.7. Small Fire-fighting and Ambulance Service Equipment Grant Program.
(a) The Office shall establish and administer a Small Fire-fighting and Ambulance Service Equipment Grant Program to award grants to fire departments, fire protection districts, and volunteer, non-profit, stand alone ambulance services for the purchase of small fire-fighting and ambulance equipment.
(b) (Blank).
(b-1) The Fire Service and Small Equipment Fund is dissolved.  Any moneys remaining in the Fund on the effective date of this amendatory Act of the 97th General Assembly shall be transferred to the Fire Prevention Fund.
(c) As used in this Section, "small fire-fighting and ambulance equipment" includes, without limitation, turnout gear, air packs, thermal imaging cameras, jaws of life, defibrillators, communications equipment, including but not limited to pagers and radios, and other fire-fighting or life saving equipment, as determined by the State Fire Marshal.
(d) The Office shall adopt any rules necessary for the implementation and administration of this Section.
(Source: P.A. 96-386, eff. 8-13-09; 97-901, eff. 1-1-13.)
(20 ILCS 2905/2.8)
Sec. 2.8. Fire Station Rehabilitation and Construction Grant Program. The Office shall establish and administer a Fire Station Rehabilitation and Construction Grant Program to award grants to units of local government for the rehabilitation or construction of fire stations. The Office shall adopt any rules necessary for the implementation and administration of this Section.
(Source: P.A. 103-8, eff. 6-7-23.)
(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:
(1) 3 professional, full-time paid firefighters;
(2) one volunteer firefighter;
(3) one Fire Protection Engineer who is registered in     Illinois;
(4) one person who is a representative of the fire     insurance industry in Illinois;
(5) one person who is a representative of a     registered United States Department of Labor apprenticeship program primarily instructing in the installation and repair of fire extinguishing systems;
(6) one licensed operating or stationary engineer who     has an associate degree in facilities engineering technology and has knowledge of the operation and maintenance of fire alarm and fire extinguishing systems primarily for the life safety of occupants in a variety of commercial or residential structures; and
(7) 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 or her designee; the
executive officer, or his or her 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, the Illinois Chapter of the International Association of Arson Investigators, the Mutual Aid Box Alarm System (MABAS) Illinois,
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 Public Act 85-718 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
chairperson 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. 101-234, eff. 8-9-19; 102-269, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(20 ILCS 2905/4)
Sec. 4. Rebuilt flame safeguard controls.
(a) Beginning July 1, 2012, the use of a rebuilt flame safeguard control in forced air heating equipment in any non-residential structure is prohibited, unless the rebuilt flame safeguard control is labeled and listed by a nationally recognized testing agency. This prohibition does not apply to structures used for production agriculture, as defined in Section 3-35 of the Use Tax Act.
For the purposes of this Section, "flame safeguard control" means a modular burner management system that is designed to provide automatic ignition and continuous flame monitoring for use in forced air heating equipment that uses gas or light oil fuels, or both.
(b) Willful failure to remove any rebuilt flame safeguard control in forced air heating equipment as required by this Act is a Class B misdemeanor.
Tampering with, removing, destroying, or disconnecting any installed flame safeguard control, except in the course of inspection, maintenance, or replacement of the control, is a Class A misdemeanor for the first conviction and a Class 4 felony for  a second or subsequent conviction.
(Source: P.A. 97-554, eff. 1-1-12.)