(425 ILCS 70/1)

(from Ch. 127 1/2, par. 901)

Sec. 1.

Short title.

This Act shall be known and may be cited as the "Volunteer Fire Protection Association Act".

(Source: P.A. 85‑510.)

(425 ILCS 70/2)

(from Ch. 127 1/2, par. 902)

Sec. 2.

Definition.

As used in this Act, "volunteer fire protection association" means any fire department which is manned by volunteers and organized for the purpose of combatting fires in a specified area. The provisions of this Act shall apply only to volunteer fire protection associations either partially or wholly funded by membership or subscriber fees and shall not apply to fire protection districts supported by local tax revenues.

(Source: P.A. 85‑510.)

(425 ILCS 70/3)

(from Ch. 127 1/2, par. 903)

Sec. 3.

Fires of nonmembers or nonsubscribers; fees.

(a) A volunteer fire protection association may respond to any fire within its area regardless of whether the property owner is a member of or subscriber to the association.

(b) In responding to fires of nonmembers or nonsubscribers of the association, the association and its firefighters shall be subject to the same liabilities for claims for death or injury to persons or property as those the association or firefighters are subject to when responding to fires of members or subscribers.

(c) In responding to fires of nonmembers or nonsubscribers, the volunteer fire protection association may charge up to the following fees:

(1) One hundred dollars for responding to a fire call or alarm;

(2) Five hundred dollars for each hour or a proportional sum for each quarter hour spent in combatting a fire; plus

(3) An amount equal to one year's subscription or membership fees.

No property owner shall be liable for fees or charges under this subsection if said property owner notifies the volunteer fire protection association in writing, prior to the occurrence of a fire, not to respond to a fire on his property.

(d) Upon payment of the charges and fees set forth in subsection (c) of this Section, the property owner shall be deemed to be a member or subscriber in good standing until membership or subscriber payments are again due as prescribed by association rules and regulations.

(Source: P.A. 85‑510.)

(425 ILCS 70/4)

(from Ch. 127 1/2, par. 904)

Sec. 4.

Payments by nonmembers or nonsubscribers; penalty.

(a) When making a claim for a loss to property, each owner of an insured property, who is not a member or subscriber of an association but who received services from a volunteer fire protection association, shall notify his property or casualty insurance company of the name, address and billing statement from the volunteer fire protection association which responded to a call for fire protection assistance at such property.

(b) In paying a claim to an insured who received the services of a volunteer fire protection association any property or casualty insurance company shall make checks payable to the order of both the insured and the volunteer fire protection association, and the property owner shall make full payment to the association of the fees and charges imposed pursuant to subsection (c) of Section 3 of this Act within 30 days after receipt of a loss settlement check from an insurance carrier.

(c) Failure to comply with the provisions of subsection (a) or (b) of this Section shall be deemed to be a petty offense punishable by a fine not exceeding $500.

(Source: P.A. 85‑510.)

(425 ILCS 70/5)

(from Ch. 127 1/2, par. 905)

Sec. 5.

Cause of action.

If payment is not made pursuant to Section 4 of this Act, a volunteer fire protection association shall have a cause of action against the property owner for full payment of the fees and charges imposed pursuant to subsection (c) of Section 3 of this Act, together with the costs of suit including reasonable attorney's fees. The association also shall have a cause of action against the property owner for any additional damages suffered by the association as a consequence of the property owner's conduct, provided that any recovery of such additional damages shall not exceed $10,000.

(Source: P.A. 85‑510.)