APPEAL from the Circuit Court of Rock Island County; the Hon.
CHARLES J. SMITH, Judge, presiding.
MR. JUSTICE UNDERWOOD DELIVERED THE OPINION OF THE COURT:
Nicholas Koushiafes was tried on a complaint charging him with failure to comply with an order of the State Fire Marshal entered pursuant to sections 9 through 9e of an Act in relation to the investigation and prevention of fire (Ill. Rev. Stat. 1967, ch. 127 1/2, pars. 9 through 14), and requiring certain physical changes in a Rock Island motel. A jury found him guilty, and he was admitted to probation for a period of two years with a $1000 fine imposed as a condition of probation. The probation order also commanded him to make numerous alterations in the property including those previously ordered.
Defendant was the manager of the Southwind Motel which included a motel, restaurant and cocktail lounge. On September 19, 1967, a deputy State Fire Marshal and the Rock Island City Fire Marshal inspected the cocktail lounge and kitchen. On the basis of their findings the State Fire Marshal's office prepared and attempted to serve upon the defendant by mail a copy of an order to repair, but the letter was returned.
The defendant was then personally served with a copy of the order on November 7. The body of the order read as follows:
"An inspection of the above premises by Deputy Fire Marshal Eric Eagelston on September 19, 1967, as authorized under the State Fire Marshal Act, as amended and in force, shows that the following corrections shall be made:
1. Seating capacity shall not exceed 52 persons to comply with Class VI building, Chapter 2, page 36 of Illinois Rules and Regulations for Fire Prevention and Safety.
2. All exit doors shall be equipped with panic bars and no other type locking device shall be permitted.
3. Storage on the basement stairway shall be removed.
4. Grease-coated hood, ducts and filters on kitchen range shall be cleaned.
5. Kitchen doors to the interior shall be Class B labeled or solid wood core at least 1 3/4 inch thick. Viewing panel shall be of clear wired glass; door shall open into the kitchen and be made self-closing.
The above recommendations shall be given immediate attention. Please notify the office of the State Fire Marshal (Phone 525-7381) when this building is in compliance. A reinspection will be made.
Appeal from this request may be made before the date of October 9, 1967. Direct such appeal to this office."
The applicable statutes as to review of that order provide as follows:
"The owner or other person interested in such building or premises, within ten days after receiving such notice, may appeal from orders of officers of cities, villages and towns, or from orders of deputies of the Department of Public Safety, to the Department of Public Safety. The department shall thereupon make an investigation and shall either sustain or revoke the order. If the order is sustained, or if no appeal is made to the department, it ...