Important News about Fire Marshal Safety and Inspections

Illinois Department of Human Services

Division of Developmental Disabilities

Information Bulletin

DDD.21.018

Purpose:

The Bureau of Accreditation, Licensure, and Certification (BALC) is improving its efforts to assure environmental safety for individuals in homes and day services it licenses or certifies. To accomplish this objective, beginning with the next license renewal survey, we will be making the changes described below.

New Cycle for Fire Marshal Inspections

BALC licensure surveys will continue to proceed according to when licenses or certifications expire. Community Integrated Living Arrangement (CILA) and Community Day Services (CDS) providers with a valid license that have not made any significant structural changes will not receive a fire marshal inspection during their next survey cycle. Significant structural changes include but are not limited to electrical work, replacing the sprinkler system, or updating a hard-wired smoke detection system. Going forward, the fire marshal inspection will occur only once every four years rather than every two years.

Implementation of NEW Mitigation and Penalties Process

Going forward, licensure/certification extensions will be granted on a limited one-time basis but they will no longer be issued routinely. While this process will eventually be rolled out to CDS providers at this time this process only impacts CILA providers.

Effective August 1, 2021, CILA providers with failed life safety code inspections will be given 30 days to notify BALC of survey readiness, and another 30 days to provide a written mitigation plan (xlsx)outlining plans to correct non-compliant fire safety citations as described below. The mitigation plan supports BALC's work to monitor progress towards remediation of fire safety citations.

Important note: Providers who make a good faith effort towards remediation of fire safety citations will not be penalized

Penalties Process:

  • Penalty Level #1: Hold on admissions
    • Provider has 30 days to remediate the violations for reinspection. Failure to do so will result in moving to the next penalty level.
    • If the provider fails the reinspection survey, the provider will move to the next penalty level.
  • Penalty Level #2: Suspension on payment
    • Provider has 30 days to remediate the violations for reinspection. Failure to do so will result in moving to the next penalty level.
    • If the provider fails the reinspection survey, the provider will move to the next penalty level.
  • Penalty Level #3 Site de-certification/license revocation
    • BALC will give the provider two weeks to remediate the violations for reinspection. Failure to do so will result in BALC proceeding to de-certifying the non-compliant site.
    • With additional lack of compliance, licensure revocation will be reviewed on a case-by-case basis.

Penalties will not be invoked for Providers who make a good faith effort towards remediation of fire safety citations. We recognize some citations may be time-intensive and costly. Therefore, if a credible mitigation plan is submitted and followed within the timeline outlined above, no penalties will be issued.

NOTE: Providers will not be held accountable if delays are encountered due to scheduling delays at the Office of the State Fire Marshall. For example: if a provider is at Penalty Level #1, it will not progress beyond Level #1 until the inspection is completed. A delay because the OSFM is not able to conduct the inspection will not result in a provider moving to Penalty Level #2.

If you have any concerns with achieving compliance within the designated timeframe, please contact BALC. You may contact BALC at DHS.BALC@illinois.gov for any questions or concerns.

Additionally, for more information, please visit the BALC webpage.

Effective Date:

 September 1, 2021.