Illinois Compiled Statutes
745 ILCS 10/5-102 (2026)
Neither a local public entity that has undertaken to provide fire protection service nor any of its employees is liable for an injury resulting from the failure to suppress or contain a fire or from the failure to provide or maintain sufficient personnel, equipment or other fire protection facilities
✓ current as of May 2026
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(745 ILCS 10/5-102)
(from Ch. 85, par. 5-102)
Sec. 5-102.
Neither a local public entity that has undertaken to provide
fire protection service nor any of its employees is liable for an injury
resulting from the failure to suppress or contain a fire or from the
failure to provide or maintain sufficient personnel, equipment or other
fire protection facilities.
(Source: Laws 1965, p. 2983.)
Notes of Decisions
Cited in 6
cases, 1998–2015 · leading case: Harinek v. 161 North Clark Street Ltd. P'ship, 692 N.E.2d 1177 (Ill. 1998).
Harinek v. 161 North Clark Street Ltd. P'ship, 692 N.E.2d 1177 (Ill. 1998). “The court first held that sections 5-102 and 5-103(b) of the Act (745 ILCS 10/5-102, 5-103(b) (West 1994)) are inapplicable because these sections pertain only to firefighters' performance in fighting a fire or to the City's failure to provide adequate personnel, equipment, or…”
Am. Nat'l Bank & Trust Co. v. City of Chicago, 735 N.E.2d 551 (Ill. 2000). “" 745 ILCS 10/5-102 (West 1994). Because section 5-102 applies to municipalities that have "undertaken to provide" fire protection service, it was clearly meant to contrast with section 5-101, which governs municipalities that have not undertaken to provide such service.”
Mack Indus., Ltd. v. Vill. of Dolton, 2015 IL App (1st) 133620 (Ill. App. Ct. 2015). “” 745 ILCS 10/5-102 (West 2010). The provisions Herzog relies upon make no exception for willful or wanton conduct.”
Mack Indus., Ltd. v. The Vill. of Dolton, 2015 IL App (1st) 133620 (Ill. App. Ct. 2015). “" 745 ILCS 10/5-102 (West 2010). The provisions Herzog relies upon make no exception for willful or wanton conduct.”
Mack Indus., Ltd. v. The Vill. of Dolton, 2015 IL App (1st) 133620 (Ill. App. Ct. 2015). “" 745 ILCS 10/5-102 (West 2010). The provisions Herzog relies upon make no exception for willful or wanton conduct.”
Fender v. Town of Cicero (Ill. App. Ct. 2004). “" 745 ILCS 10/5-102 (West 2000). "§5-103. (a) Neither a local public entity, nor a public employee acting in the scope of his employment, is liable for an injury resulting from the condition of fire protection or firefighting equipment or facilities.”
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