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:
(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 2905/3) (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:
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.)

Structure Illinois Compiled Statutes