Current through Register Vol. 48, No. 38, September 20, 2024
a) Title
This Part shall be known and cited as the Fire Prevention and
Safety Rules.
b)
Jurisdiction
The provisions of this Part shall apply to localities within
Illinois.
c) Powers
1) OSFM is authorized and directed to enforce
the provisions of this Part (see subsection (f)). The State Fire Marshal shall
make, or cause to be made, inspections of buildings, structures and premises to
determine conformity of those buildings, structures and premises with this Part
and to ensure safety to life and property from fire or other emergency
requiring evacuation of the building, structure or premises.
2)
All local officers charged with
the duty of investigating fires shall enforcethis 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 adopted by this Part
[
425
ILCS 25/9] .
3) OSFM will inspect buildings based upon
requests from agencies of State and local government, complaints from the
public, known or observed violations, potential for loss of lives from fire in
given occupancies where statutes or rules mandate inspections by OSFM or where
an inspection of a structure or an occupancy is necessary to prevent fire or to
minimize the dangers of fire. The inspections shall be conducted in accordance
with this Part, subject to available resources.
4) OSFM shall allow the use of the edition of
NFPA 101, Life Safety Code currently adopted by the federal Centers for
Medicare and Medicaid Services (CMMS) in occupancies subject to CMMS regulatory
authority or reimbursement requirements.
5) Except as otherwise provided by statute or
interagency agreement, all State-owned buildings and buildings that fall under
the scope of the Fire Sprinkler Dormitory Act [ 110 ILCS 47 ] and the Greek
Housing Fire Safety Act [ 110 ILCS 130 ] are subject to inspection by OSFM and
are required to comply with NFPA 101, Life Safety Code (2015) as adopted by
this Part.
d)Responsibility of Owners, Occupants or
Lessees
It is the responsibility of the owner, occupant or lessee to
ensure his or her building and occupancy comply with this Part or a code that
provides a degree of fire safety equal to or higher than that required by this
Part.
e) Penalties
The penalties for violation of this Part shall be those stated
in the Act [ 425 ILCS 25 ].
f) Right of Entry
OSFM and the officers of cities, villages, towns, and
fire protection districts charged with the duty of investigating
fireby the Act shall, under the direction of OSFM, inspect and
examine, at reasonable hours, any premises and the building and other
structures on that premises to determine whether there are any violations of
this Part or of the local ordinances for the protection of life and property
from fire or other dangerous condition [
425
ILCS 25/9] . Local AHJs 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.
g) Fire Prevention and Safety Standards Equal
to or Higher Than This Part. OSFM may consider codes adopted by local AHJs to
be equal to or higher than this Part (as that phrase is used in Section 9 of
the Act) when the code meets one or more of the following six criteria:
1)The local AHJ has demonstrated, to the
satisfaction of OSFM, that the code adopted by the local AHJ is identical in
its entirety to this Part;
2)The
local AHJ has demonstrated, to the satisfaction of OSFM, that the code adopted
by the local AHJ incorporates every provision of this Part in its entirety, as
well as providing more stringent requirements;
3)The local AHJ has demonstrated, to the
satisfaction of OSFM, that the code adopted by the local AHJ incorporates a
subsequent edition of NFPA 101, Life Safety Code in its entirety (see Section
100.9);
4)The code adopted by the
local AHJ is the subject of an agreement between that local AHJ and OSFM in
which OSFM has attested to the fact that the local AHJ's code is equal to or
higher than this Part;
5) The model
codes, listed in subsections (g)(5)(A) and (B) when adopted in their entirety
by a unit of local government, will be considered as providing equivalent fire
safety. The unit of local government may amend its adoption limited to all or
part of the modifications found in 41 Ill. Adm. Code
100.7(c).
A) For new occupancies or construction:
i) Local jurisdictions that have adopted and
enforce the International Code Council's International Building Code and
International Fire Code; 2012 edition, 2015 edition, or 2018 edition.
ii)Local jurisdictions that have
adopted and enforce NFPA 5000; 2012 edition, 2015 edition, or 2018 edition.
B)For existing
occupancies or buildings:
i)Occupancies in
those local jurisdictions that were constructed and maintained in accordance
with the International Code Council's International Building Code and
International Fire Code; 2000, 2003, 2006, 2009, 2012, 2015, or 2018 edition.
ii)Occupancies in those local
jurisdictions that were constructed and maintained in accordance with NFPA
5000; 2003, 2006, 2009, 2012, 2015, or 2018 edition; or
6)The local AHJ has otherwise
demonstrated, to the satisfaction of OSFM, that its local code is equal to or
higher than this Part, based upon all of the following factors:
A)The Chief local official charged with the
duty of investigating fires under the Act affirmatively asserts in writing that
the local authority uses a fire and life safety code that, in its entirety, is
equivalent with this Part when viewed holistically;
B)OSFM concurs that the local authority uses
a fire and life safety code that, in its entirety, is equivalent with this Part
when viewed holistically;
C)The
local authority has a dedicated fire prevention inspection
capability;
D)The local authority
has its own dedicated administrative enforcement capability; and
E)The local authority has its own dedicated
civil/criminal enforcement capability.
