FIRE PROTECT DIST APPEAL

Illinois General Assembly - Full Text of HB4601

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4601

Introduced 2/3/2026, by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

20 ILCS 2905/2

from Ch. 127 1/2, par. 2
70 ILCS 705/29 new

Amends the Fire Protection District Act. Provides that a fire
protection district organized under the Act may appeal to the State Fire
Marshal if a county denies a request for multiple access points to a new
fire station. Provides that the fire protection district shall provide the
State Fire Marshal with evidence of why multiple access point are
required. Provides that the county may offer evidence to the State Fire
Marshal that shows the specific reasons for denying a request for multiple
access points. Provides that, unless the State Fire Marshal approves of
the fire protection district's appeal, the county retains full authority
over access points. Provides that neither the county or the fire
protection district may appeal the State Fire Marshal's decision. Amends
the State Fire Marshal Act. Requires the State Fire Marshal to issue a
binding decision on a fire protection district's appeal under the Fire
Protection District Act within 90 days of receiving the appeal, unless the
Fire Marshal requests additional information.
LRB104 16332 RTM 29719 b

A BILL FOR

HB4601
LRB104 16332 RTM 29719 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The State Fire Marshal Act is amended by
5
changing Section 2 as follows:

6

(20 ILCS 2905/2)

(from Ch. 127 1/2, par. 2)
7

Sec. 2.
The Office shall have the following powers and
8
duties:
9

1. To exercise the rights, powers and duties which
10

have been vested by law in the Illinois State Police as the
11

successor of the Department of Public Safety, State Fire
12

Marshal, inspectors, officers and employees of the State
13

Fire Marshal, including arson investigation. Arson
14

investigations conducted by the State Fire Marshal's
15

Office shall be conducted by State Fire Marshal Arson
16

Investigator Special Agents, who shall be peace officers
17

as provided in the Peace Officer Fire Investigation Act.
18

2. To keep a record, as may be required by law, of all
19

fires occurring in the State, together with all facts,
20

statistics and circumstances, including the origin of
21

fires.
22

3. To exercise the rights, powers and duties which
23

have been vested in the Illinois State Police by the

HB4601
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LRB104 16332 RTM 29719 b
1

Boiler and Pressure Vessel Safety Act.
2

4. To administer the Illinois Fire Protection Training
3

Act.
4

5. To aid in the establishment and maintenance of the
5

training facilities and programs of the Illinois Fire
6

Service Institute.
7

6. To disburse Federal grants for fire protection
8

purposes to units of local government.
9

7. To pay to or in behalf of the City of Chicago for
10

the maintenance, expenses, facilities and structures
11

directly incident to the Chicago Fire Department training
12

program. Such payments may be made either as
13

reimbursements for expenditures previously made by the
14

City, or as payments at the time the City has incurred an
15

obligation which is then due and payable for such
16

expenditures. Payments for the Chicago Fire Department
17

training program shall be made only for those expenditures
18

which are not claimable by the City under "An Act relating
19

to fire protection training", certified November 9, 1971,
20

as amended.
21

8. To administer grants to areas not located in a fire
22

protection district or in a municipality which provides
23

fire protection services, to defray the organizational
24

expenses of forming a fire protection district.
25

9. In cooperation with the Illinois Environmental
26

Protection Agency, to administer the Illinois Leaking

HB4601
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LRB104 16332 RTM 29719 b
1

Underground Storage Tank program in accordance with
2

Section 4 of this Act and Section 22.12 of the
3

Environmental Protection Act.
4

10. To expend state and federal funds as appropriated
5

by the General Assembly.
6

11. To provide technical assistance, to areas not
7

located in a fire protection district or in a municipality
8

which provides fire protection service, to form a fire
9

protection district, to join an existing district, or to
10

establish a municipal fire department, whichever is
11

applicable.
12

12. To exercise such other powers and duties as may be
13

vested in the Office by law.
14

13. To issue a binding decision on a fire protection
15

district's appeal under Section 29 of the Fire Protection
16

District Act that balances emergency response needs with
17

the reasoning of the county within 90 days of receiving
18

the appeal, unless the Fire Marshal requests additional
19

information. If the Fire Marshal requests additional
20

information, then the Fire Marshal shall issue the
21

decision within 90 days of receiving the requested
22

information. The Fire Marshal shall conduct a site visit
23

before issuing a final decision.
24
(Source: P.A. 102-538, eff. 8-20-21.)

25

Section 10.
The Fire Protection District Act is amended by

HB4601
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LRB104 16332 RTM 29719 b
1
adding Section 29 as follows:

2

(70 ILCS 705/29 new)
3

Sec. 29.
Right to appeal.
4

(a) As used in this Section, "access point" means a street
5
or driveway that provides a vehicle with entry or exit from a
6
fire station to an abutting street or highway.
7

(b) A fire protection district organized under this Act
8
may appeal to the State Fire Marshal if a county denies a
9
request for multiple access points to a new fire station. The
10
fire protection district shall provide the State Fire Marshal
11
with evidence of why multiple access point are required,
12
including:
13

(1) the equipment housed, maintained, and expected for
14

use in the new facility, including the number of apparatus
15

bays and emergency vehicles;
16

(2) why multiple access points are operationally
17

necessary for simultaneous deployment or emergency egress;
18

and
19

(3) the proposed location and function of each access
20

point, including whether an access point is intended for
21

only for emergency use or routine access points.
22

(c) The county may offer evidence to the State Fire
23
Marshal that shows the specific reasons for denying a request
24
for multiple access points, including:
25

(1) how a single access point is sufficient for fire

HB4601
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LRB104 16332 RTM 29719 b
1

operations;
2

(2) how a single access point could be modified to
3

accommodate fire operations;
4

(3) the safety concerns or traffic impacts of
5

justifying denial of multiple access points; and
6

(4) any alternative solutions to creating multiple
7

access points.
8

(d) Unless the State Fire Marshal approves of the fire
9
protection district's appeal, the county retains full
10
authority over access points, including the access point's
11
location, width, design specifications, required improvements,
12
and safety conditions. However, the county may not contradict
13
the decision of the State Fire Marshal.
14

(e) Neither the county or the fire protection district may
15
appeal the State Fire Marshal's decision.

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