Bill Text: IL HB1521 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Community Living Facilities Licensing Act, the MR/DD Community Care Act, Community-Integrated Living Arrangements Licensure and Certification Act, Child Care Act of 1969, and the Community Services Act. Provides that for the various facilities licensed or established under those Acts, the Departments responsible for enforcement shall review the necessity of State Fire Marshal inspections if local fire authorities enforce codes that are more stringent than those applied by the State Fire Marshal and the local fire authorities issue a clearance of the various sites. Effective immediately.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0321 [HB1521 Detail]

Download: Illinois-2011-HB1521-Engrossed.html

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HB1521 Engrossed LRB097 10373 CEL 50586 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community Living Facilities Licensing Act is
amended by adding Section 8.5 as follows:
(210 ILCS 35/8.5 new)
Sec. 8.5. Fire inspections; authority.
(a) Per the requirements of Public Act 96-1141, on January
1, 2011 a report titled "Streamlined Auditing and Monitoring
for Community Based Services: First Steps Toward a More
Efficient System for Providers, State Government, and the
Community" was provided for members of the General Assembly.
The report, which was developed by a steering committee of
community providers, trade associations, and designated
representatives from the Departments of Children and Family
Services, Healthcare and Family Services, Human Services, and
Public Health, issued a series of recommendations, including
recommended changes to Administrative Rules and Illinois
statutes, on the categories of deemed status for accreditation,
fiscal audits, centralized repository of information,
Medicaid, technology, contracting, and streamlined monitoring
procedures. It is the intent of the 97th General Assembly to
pursue implementation of those recommendations that have been

HB1521 Engrossed - 2 - LRB097 10373 CEL 50586 b
determined to require Acts of the General Assembly.
(b) For facilities licensed under this Act, the Office of
the State Fire Marshal shall provide the necessary fire
inspection to comply with licensing requirements. The Office of
the State Fire Marshal may enter into an agreement with another
State agency to conduct this inspection if qualified personnel
are employed by that agency. Code enforcement inspection of the
facility by the local authority shall only occur if the local
authority having jurisdiction enforces code requirements that
are more stringent than those enforced by the State Fire
Marshal. Nothing in this Section shall prohibit a local fire
authority from conducting fire incident planning activities.
Section 10. The MR/DD Community Care Act is amended by
adding Section 3-216 as follows:
(210 ILCS 47/3-216 new)
Sec. 3-216. Fire inspections; authority.
(a) Per the requirements of Public Act 96-1141, on January
1, 2011 a report titled "Streamlined Auditing and Monitoring
for Community Based Services: First Steps Toward a More
Efficient System for Providers, State Government, and the
Community" was provided for members of the General Assembly.
The report, which was developed by a steering committee of
community providers, trade associations, and designated
representatives from the Departments of Children and Family

HB1521 Engrossed - 3 - LRB097 10373 CEL 50586 b
Services, Healthcare and Family Services, Human Services, and
Public Health, issued a series of recommendations, including
recommended changes to Administrative Rules and Illinois
statutes, on the categories of deemed status for accreditation,
fiscal audits, centralized repository of information,
Medicaid, technology, contracting, and streamlined monitoring
procedures. It is the intent of the 97th General Assembly to
pursue implementation of those recommendations that have been
determined to require Acts of the General Assembly.
(b) For facilities licensed under this Act, the Office of
the State Fire Marshal shall provide the necessary fire
inspection to comply with licensing requirements. The Office of
the State Fire Marshal may enter into an agreement with another
State agency to conduct this inspection if qualified personnel
are employed by that agency. Code enforcement inspection of the
facility by the local authority shall only occur if the local
authority having jurisdiction enforces code requirements that
are more stringent than those enforced by the State Fire
Marshal. Nothing in this Section shall prohibit a local fire
authority from conducting fire incident planning activities.
Section 15. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by adding Section 13
as follows:
(210 ILCS 135/13 new)

HB1521 Engrossed - 4 - LRB097 10373 CEL 50586 b
Sec. 13. Fire inspections; authority.
(a) Per the requirements of Public Act 96-1141, on January
1, 2011 a report titled "Streamlined Auditing and Monitoring
for Community Based Services: First Steps Toward a More
Efficient System for Providers, State Government, and the
Community" was provided for members of the General Assembly.
The report, which was developed by a steering committee of
community providers, trade associations, and designated
representatives from the Departments of Children and Family
Services, Healthcare and Family Services, Human Services, and
Public Health, issued a series of recommendations, including
recommended changes to Administrative Rules and Illinois
statutes, on the categories of deemed status for accreditation,
fiscal audits, centralized repository of information,
Medicaid, technology, contracting, and streamlined monitoring
procedures. It is the intent of the 97th General Assembly to
pursue implementation of those recommendations that have been
determined to require Acts of the General Assembly.
(b) For community-integrated living arrangements licensed
under this Act, the Office of the State Fire Marshal shall
provide the necessary fire inspection to comply with licensing
requirements. The Office of the State Fire Marshal may enter
into an agreement with another State agency to conduct this
inspection if qualified personnel are employed by that agency.
Code enforcement inspection of the facility by the local
authority shall only occur if the local authority having

HB1521 Engrossed - 5 - LRB097 10373 CEL 50586 b
jurisdiction enforces code requirements that are more
stringent than those enforced by the State Fire Marshal.
Nothing in this Section shall prohibit a local fire authority
from conducting fire incident planning activities.
Section 20. The Child Care Act of 1969 is amended by adding
Section 5.7 as follows:
(225 ILCS 10/5.7 new)
Sec. 5.7. Fire inspections; authority.
(a) Per the requirements of Public Act 96-1141, on January
1, 2011 a report titled "Streamlined Auditing and Monitoring
for Community Based Services: First Steps Toward a More
Efficient System for Providers, State Government, and the
Community" was provided for members of the General Assembly.
The report, which was developed by a steering committee of
community providers, trade associations, and designated
representatives from the Departments of Children and Family
Services, Healthcare and Family Services, Human Services, and
Public Health, issued a series of recommendations, including
recommended changes to Administrative Rules and Illinois
statutes, on the categories of deemed status for accreditation,
fiscal audits, centralized repository of information,
Medicaid, technology, contracting, and streamlined monitoring
procedures. It is the intent of the 97th General Assembly to
pursue implementation of those recommendations that have been

HB1521 Engrossed - 6 - LRB097 10373 CEL 50586 b
determined to require Acts of the General Assembly.
(b) For child care facilities licensed under this Act, the
Office of the State Fire Marshal shall provide the necessary
fire inspection to comply with licensing requirements. The
Office of the State Fire Marshal may enter into an agreement
with another State agency to conduct this inspection if
qualified personnel are employed by that agency. Code
enforcement inspection of the facility by the local authority
shall only occur if the local authority having jurisdiction
enforces code requirements that are more stringent than those
enforced by the State Fire Marshal. Nothing in this Section
shall prohibit a local fire authority from conducting fire
incident planning activities.
Section 25. The Community Services Act is amended by adding
Section 3.5 as follows:
(405 ILCS 30/3.5 new)
Sec. 3.5. Fire inspections; authority.
(a) Per the requirements of Public Act 96-1141, on January
1, 2011 a report titled "Streamlined Auditing and Monitoring
for Community Based Services: First Steps Toward a More
Efficient System for Providers, State Government, and the
Community" was provided for members of the General Assembly.
The report, which was developed by a steering committee of
community providers, trade associations, and designated

HB1521 Engrossed - 7 - LRB097 10373 CEL 50586 b
representatives from the Departments of Children and Family
Services, Healthcare and Family Services, Human Services, and
Public Health, issued a series of recommendations, including
recommended changes to Administrative Rules and Illinois
statutes, on the categories of deemed status for accreditation,
fiscal audits, centralized repository of information,
Medicaid, technology, contracting, and streamlined monitoring
procedures. It is the intent of the 97th General Assembly to
pursue implementation of those recommendations that have been
determined to require Acts of the General Assembly.
(b) For provider organizations established under this Act,
the Office of the State Fire Marshal shall provide the
necessary fire inspection to comply with this Act. The Office
of the State Fire Marshal may enter into an agreement with
another State agency to conduct this inspection if qualified
personnel are employed by that agency. Code enforcement
inspection of the facility by the local authority shall only
occur if the local authority having jurisdiction enforces code
requirements that are more stringent than those enforced by the
State Fire Marshal. Nothing in this Section shall prohibit a
local fire authority from conducting fire incident planning
activities.
Section 99. Effective date. This Act takes effect upon
becoming law.