REPORT DIGEST

 

OFFICE OF THE
STATE FIRE MARSHAL

 

 

COMPLIANCE EXAMINATION

For the Two Years Ended:

June 30, 2004

 

 

Summary of Findings:

Total this report                        9

Total last report                        8

Repeated from last report         5

 

Release Date:

March 31, 2005 

 

 

State of Illinois

Office of the Auditor General

WILLIAM G. HOLLAND

AUDITOR GENERAL

 

To obtain a copy of the Report contact:

Office of the Auditor General

Iles Park Plaza

740 E. Ash Street

Springfield, IL 62703

(217) 782-6046 or TTY (888) 261-2887

 

This Report Digest is also available on

the worldwide web at

http://www.state.il.us/auditor

 

 

 

 

 

SYNOPSIS

 

 

¨      The Office of State Fire Marshal (Office) made payments for efficiency initiative billings from improper line item appropriations.

 

¨      The Office did not have adequate controls over employees designated to work from their home office or the Office’s various locations.  

 

¨      The Office had not established adequate controls over third party development/changes to computer applications. 

 

¨      The Office had a high number of past due inspections of Boiler and Pressure Vessels for the period under examination. 

 

¨      The Office did not enforce the Elevator Installation Act.

 

¨      The Chief and Deputy Inspectors in the Boiler and Pressure Vessel Safety Division did not obtain bonds of $5,000 and $2,000, respectively.

 

¨      The Office did not sufficiently monitor and pursue collections on accounts receivable or timely send billings or post write-offs, payments or adjustments to their accounts receivable system.

 

¨      The Office had not fully implemented recommendations made in the Management Audit of the State Fire Marshal’s Fire Investigations (1999).

 

 

 

 

 

{Expenditures and Activity Measures are summarized on the reverse page.}

 


OFFICE OF THE STATE FIRE MARSHAL

COMPLIANCE EXAMINATION

For the Two Years Ended June 30, 2004

 

EXPENDITURE STATISTICS

FY 2004

FY 2003

FY 2002

·        Total Expenditures (All Funds)...............

 

OPERATIONS TOTAL............................

      % of Total Expenditures.......................

      Personal Services.................................

            % of Operations Expenditures.........

            Average No. of Employees.............

      Other Payroll Costs (FICA,

      Retirement)...........................................

            % of Operations Expenditures.........

      Contractual Services.............................

            % of Operations Expenditures.........

      Lump Sums and Other Purposes...........

            % of Operations Expenditures.........

All Other Operations Items

            % of Operations Expenditures.........

 

AWARDS, GRANTS, AND OTHER........

      % of Total Expenditures.......................

 

·        Cost of Property and Equipment.............

$13,239,832

 

$10,574,453

79.9%

$6,276,382

59.4%

124

 

$2,617,245

24.8%

$626,428

5.9%

$259,017

2.4%

$795,381

7.5%

 

$2,665,379

20.1%

 

$3,868,470

$17,493,350

 

$15,061,104

86.1%

$7,470,331

49.6%

133

 

$2,713,612

18.0%

$814,820

5.4%

$2,740,529

18.2%

$1,321,812

8.8%

 

$2,432,246

13.9%

 

$4,009,252

$16,620,770

 

$13,638,678

82.1%

$7,397,707

54.2%

149

 

$2,832,528

20.8%

$804,621

5.9%

$1,183,885

8.7%

$1,419,937

10.4%

 

$2,982,092

17.9%

 

$3,504,262

SELECTED ACTIVITY MEASURES

FY 2004

FY 2003

FY 2002

Arson Investigations............................................

Boiler and Pressure Vessel Inspections................

Fire Prevention Building Inspections....................

Firefighter Training Certifications.........................

Firefighter Training Examinations.........................

Underground Storage Tank (UST) Inspections....

UST Emergency Responses and Investigations....

1,064

44,110

13,545

9,278

11,819

3,122

804

1,008

40,811

19,915

9,088

13,413

3,297

1,362

1,081

42,845

21,748

9,144

17,386

5,009

1,829

 

AGENCY HEAD(S)

During Examination Period:       J.T. Somer, State Fire Marshal (April 12, 2004 – June 30, 2004)

                                                Peter Viña, State Fire Marshal (July 17, 2003 – April 11, 2004)

                                                Ernest Russell, State Fire Marshal (July 1, 2002 – July 16, 2003)

 

Currently: J.T. Somer, State Fire Marshal


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Office did not receive guidance or documentation with the billings from CMS

 

 

 

 

 

 

 

 

Efficiency initiative payments were made from line items that had available monies

 

 

 

 

 

 

 

 

Efficiency initiative payments totaled $223,756

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No method to determine that employees worked during reported hours

 

Timekeeping documentation was not sufficient

 

No employee spot checks

 

Lack of supervision over field employees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Documentation did not exist regarding the development of applications, data conversion or changes to the applications

 

 

 


Inadequate controls over third party vendor developments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Of 38,726 boiler and pressure vessels required to be inspected there was a 17.2% backlog

 

 

 

 

 

 

 

 

 

 

 

 

 

6,679 past due inspections as of June 30, 2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Office did not enforce the Elevator Safety Act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspectors did not obtain bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No formal procedures existed to collect delinquent accounts receivables after a second invoice was sent

 

 

 

No invoices were generated after February 2003

 

 

 

Write-offs, payments, or adjustments were not posted timely

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investigator caseloads ranged from 15 to 118 cases during calendar year 2002 and between 3 to 178 cases in calendar year 2003 

 

 

 

 

 

 

Reports are not always timely and the Office does not monitor to ensure that all reports are complete

 

 

 

 

 

 

 

 

 

 

 

 

FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS

 

PAYMENTS WERE MADE FOR EFFICIENCY INITIATIVE BILLINGS FROM IMPROPER LINE ITEM APPROPRIATIONS

     

      The Office made payments for efficiency initiative billings from improper line item appropriations.  Public Act 93-0025, in part, outlines a program for efficiency initiatives to reorganize, restructure and reengineer the business processes of the State.  The State Finance Act details that the amount designated as savings from efficiency initiatives implemented by the Department of Central Management Services (CMS) shall be paid into the Efficiency Initiatives Revolving Fund.  The Act further requires State agencies to pay these amounts from line item appropriations where cost savings are anticipated to occur.

 

The Office did not receive guidance or documentation with the billings from CMS detailing from which line item appropriations savings were anticipated to occur.  According to Office staff, they received no documentation or information from CMS detailing the nature and/or type of savings that CMS anticipated.  The only guidance received was the amount of payments that should be taken from General Revenue Funds (GRF) versus Other Funds for the September 2003 billings.  The Office adjusted the billings since it did not receive any GRF appropriations for FY04.

 

The Office made payments for these billings not from line item appropriations where the cost savings were anticipated to have occurred but from line items that simply had available monies to make payments from.  For example, the Office used:

 

·        $100,000 from a lump sum appropriation of $450,000 (22 percent) from the Fire Prevention Fund that was “for administrative expenses of the Elevator Safety and Regulation Act.”  The payment was applied to the Procurement Efficiency Initiative billing.

 

·           $78,756 from the personal services line item appropriation was used to make payments for the Procurement Efficiency, Information Technology, and Vehicle Fleet Management initiatives.  Office staff reported they used these funds because they could control cutbacks and reduce costs in this line.

 

The Office paid a total of $223,756 for the efficiency initiative from the Fire Prevention Fund and the Underground Storage Tank Fund. (Finding 1, pages 9-11)

 

        We recommended that the Office only make payments for efficiency initiative billings from line item appropriations where savings would be anticipated to occur.  Further, the Office should seek an explanation from the Department of Central Management Services as to how savings levels were calculated, or otherwise arrived at, and how savings achieved or anticipated impact the Office’s budget.

 

      Office officials accepted the finding and stated they would work with Central Management Services and the Office of Management and Budget in order to comply with the recommendation.

 

INADEQUATE CONTROLS OVER EMPLOYEES

 

The Office employed 129 employees as of June 30, 2004.  Furthermore, the Office had five divisions with 63 field employees either working from their homes or a field office.  These employees consisted of 20 inspectors, 16 investigators, 24 specialists and three administrative staff.  During our review of internal controls, we noted the following problems:

 

·        There was no method to determine that employees worked during reported hours;

·        There was not sufficient timekeeping documentation for State employees;

·        There was no method to track where employees should be at any point in time;

·        Office personnel did not perform spot checks on employees;

·        The Office did not appear to have adequate oversight over employees assigned to all locations; and

·        There was an apparent lack of supervision over field employees.  (Finding 2, pages 12-13)

 

We recommended the Office establish and enforce formal administrative controls over its employees, which include employee tracking, timekeeping, and spot checks of all employees.

 

Office officials concurred with the finding and stated they were reviewing their polices for purposes of implementing new procedures for field staff and new timesheets for office personnel.

 

INADEQUATE CONTROLS OVER DEVELOPMENT/CHANGES TO COMPUTER APPLICATION

 

The Office had not established adequate controls over third party development/changes to computer applications. 

 

The Office’s Boiler and Pressure Vessel Accounts Receivable Application and the Storage Tank Registration Application were developed and are maintained by a third party vendor.  During fieldwork we noted:

 

·        Documentation did not exist regarding the development of the applications.

·        Documentation did not exist relating to the data conversion of the Boiler and Pressure Vessel Accounts Receivable data.  Additionally, there were noted inconsistencies of converted data. 

·        Documentation did not exist of changes made to the applications.

 

The Office did not have adequate controls over third party vendor developments; however, IT management stated its intentions to develop policies and procedures to guide development/changes to computer applications.  (Finding 3, pages 14-15) This finding was first reported in 2002.

 

We recommended the Office develop standards to monitor vendors over the development and maintenance of computer applications.  The Office should include clear and thorough contract provisions specifying expected contract deliverables including the provision for adequate system, program, and user documentation be developed for all components under development.  Continuous monitoring of compliance with contract provisions should be performed to ensure the contract is being adhered to, and to ensure system development is completed as specified. 

 

Office officials responded they acknowledged the finding and were reviewing polices of other agencies for the purpose of implementing an internal policy for the development of computer applications. (For previous office response, see Digest Footnote #1.) 

 

BACKLOG OF BOILER AND PRESSURE VESSEL INSPECTIONS

 

     The Office had a high number of past due inspections of Boiler and Pressure Vessels.  Of the 38,726 boilers and pressure vessels required to be inspected by the Office, there was an inspection backlog of 17.2% as of June 30, 2004. In addition, the percentage of past due inspections has been steadily increasing over the past several years, as indicated below:

 

Date

Past Due Inspections by Office Personnel

Total Boilers and Vessels to be

Inspected by the Office

Percent Past Due

6/30/99

2,042

34,695

5.9%

6/30/00

3,265

35,453

9.2%

6/30/01

4,162

35,902

11.6%

6/30/02

6,936

47,373

14.6%

6/30/03

7,411

43,765

16.9%

6/30/04

6,679

38,726

17.2%

 

Furthermore, some of the required inspections are over two years past due.  The following chart illustrates the range of days past due for the 6,679 past due inspections as of June 30, 2004:

 

 

 

                                                             

 

 

 

 

 

 

     

(Finding 4, pages 16-17) This finding was first reported in 2002.

 

      We recommended the Office designate appropriate resources to reduce the backlog of inspections.

 

     Office management accepted the finding and stated that they were in the process of hiring additional inspectors and had requested to fill all of its vacancies in the FY06 budget request in order to comply with the recommendations. (For the previous office response, see Digest footnote #2.)

 

NONCOMPLIANCE WITH THE ELEVATOR SAFETY ACT

 

The Office did not enforce the Elevator Installation Act. 

 

The Elevator Installation Act sets forth specific requirements for the installation and operation of all hospital elevators over 55 feet high and elevators over 80 feet high in offices, hotels, factory buildings and residential buildings.  The Office estimates that between 20,000 and 25,000 elevators in Illinois meet the criteria of the Act.  In addition, the Act requires that “the provisions of this Act shall be enforced by the State Fire Marshal.” (Finding 5, page 18) This finding has been repeated since 2002.

 

We recommended the Office ensure the Elevator Installation Act is enforced.

 

Office officials responded they acknowledge the finding and stated that the Division of Elevator Safety will enforce the Act at such time as the Joint Committee of Administrative Rules approves their administrative rules and the inspection staff is hired. (For previous office response, see Digest Footnote #3.)

 

 

INSPECTORS DID NOT PROVIDE BONDS

 

The Chief and Deputy Inspectors in the Boiler and Pressure Vessel Safety Division did not obtain bonds of $5,000 and $2,000, respectively.

 

The Chief and Deputy Inspectors are required by the Boiler and Pressure Vessel Safety Act to furnish a bond conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them and the payment thereof to the proper recipient. Office personnel stated inspectors no longer handle cash as part of their duties. (Finding 6, page 19) This finding was first reported in 2002.

 

We recommended that the Office ensure that the Chief and Deputy Inspectors provide bonds in the appropriate amounts to comply with the Act or seek legislative remedy for this statutory requirement. 

 

Office officials accepted the finding and responded they will seek a legislative remedy in order to repeal the bonding requirement. (For previous office response, see Digest Footnote #4.)

 

INADEQUATE COLLECTION AND ACCOUNTING FOR ACCOUNTS RECEIVABLE

 

The Office did not sufficiently monitor and pursue collections on accounts receivable or timely send billings or post write-offs, payments or adjustments to their accounts receivable system.

 

We noted the following:

 

·     The formal accounts receivable collection procedures were not adequate to ensure proper collection of fees due to each fund.  The Office had no formal procedures to further pursue collection on past due accounts receivables after sending two invoices. In addition, no past due receivables were referred to the Comptroller’s offset system.

 

·     After February 2003, no invoices were generated in the Underground Storage Tank Division, although eleven new accounts totaling $8,200 were included in the accounts receivable balance.

 

·     The Office did not timely post write-offs, payments, or adjustments to the accounts receivable system in the Underground Storage Tank Division.  Transactions totaling $7,500 for 5 of the 10 (50%) Underground Storage Tank Division past due accounts were not posted as a write off or an adjustment until 398 to 1,279 days after the transactions occurred.  (Finding 9, pages 23-24)  This finding has been repeated since 1990.          

 

      We recommended the Office send regular billings for all accounts, refer delinquent accounts to the Comptroller’s Offset System, pursue other collection methods, and maintain accurate accounts receivable records.

 

      Office officials accepted the recommendation and stated they will investigate the use of the Comptroller and/or the Attorney General for collections. (For previous Office response, see Digest Footnote #5.)

 

 

RECOMMENDATIONS FROM THE 1999 MANAGEMENT AUDIT OF FIRE INVESTIGATIONS NOT FULLY IMPLEMENTED

 

The Office had not fully implemented two recommendations made in the Management Audit of the State Fire Marshal’s Fire Investigations (June 1999):

 

·        The second recommendation in the management audit stated that the Fire Marshal should review the method of assigning cases to reduce the disparity in arson investigators’ caseloads and should document all requests for arson investigators. Management stated they assigned investigation teams when needed and maintained a log of fire calls received and investigators assigned. However, the disparity in arson investigators’ caseloads has increased since fiscal year 1999. Investigator caseloads ranged from 15 to 118 cases during calendar year 2002 and between 3 to 178 cases in calendar year 2003.  The average number of investigations per investigator for calendar year 2003 was 68 compared to 57 in calendar year 2002.

 

·        The sixth management audit recommendation stated that the Office should inform all local fire departments to submit data required by the Fire Investigation Act and should monitor to ensure that complete data is submitted in a timely manner. The Office has started using the Fire Truck Revolving Loan Program as an enforcement tool. Overall, even though the Office has been receiving reports, the reports are not always timely and the Office does not monitor to ensure that all reports are complete. (Prior Findings 1 and 2, pages 26-27) These findings were first reported in 1999.

 

We recommended the Office continue it’s efforts to implement recommendations made in the 1999 Management Audit of Fire Investigations. Specifically, we recommended:

 

·        The Office should review the data collected on requests for arson investigators and review the caseloads of individual investigators, then reconsider the method of assigning cases to reduce the disparity in arson investigators’ caseloads.

 

·        The Office should routinely monitor fire data reported by local fire departments to ensure that data is complete and timely reported.  In addition, the Office should follow up when data is not reported or significant variances in historical data are noted.  Furthermore, the Office should document its efforts to monitor and follow up on fire data reported.

 

Office management responded they acknowledged the findings and stated that they are investigating other options to assign cases, attempting to secure additional headcount to employ additional investigators, and investigating other means to secure compliance with fire reporting. (For the previous Office response, see Digest Footnote #6.)  

 

 

OTHER FINDINGS

 

      The remaining findings are less significant and are reportedly being given attention by the Office. We will review progress toward implementing those recommendations in our next examination.  Responses to the recommendations were provided by J.T. Somer, State Fire Marshal.

 

AUDITOR’S OPINION

 

      We conducted a compliance examination of the Office as required by the Illinois State Auditing Act.  We have not audited any financial statements of the Office for the purpose of expressing an opinion because the Office does not, nor is it required to, prepare financial statements.

 

 

 

____________________________________

WILLIAM G. HOLLAND, Auditor General

 

WGH:LKW:mec/js

 

 

SPECIAL ASSISTANT AUDITORS

 

      The Auditor General’s staff performed this compliance examination.

 

 

 

DIGEST FOOTNOTE

 

#1 INADEQUATE CONTROLS OVER DEVELOPMENT/CHANGES TO COMPUTER APPLICATIONS – Previous Office Response

 

2002:  The Agency accepts the finding and will implement the recommendations when dealing with third party vendors. The Boiler and Pressure Vessel System (Jurisdiction Online) was reviewed by Agency staff before acceptance.  Additional work for the Petroleum and Chemical Safety system will also be thoroughly reviewed and standards developed. A formal policy will be developed and implemented for monitoring third party vendors and maintaining documentation.

 

#2 BACKLOG OF BOILER AND PRESSURE VESSEL INSPECTIONS – Previous Office Response

 

 2002: The Agency accepts the finding  and will do everything within its means to address this issue, subject to appropriations approved by the General Assembly and the Governor. There are other factors to be considered in creating the backlog, however. The loss of inspectors due to hiring freezes and early retirement has severely hampered the Agency’s ability to address the backlog issue. Another factor is the increase in the number of items requiring inspection. Finally, another factor is the requirement that the State must pick up inspections of facilities where insurance was cancelled (leaving no insurance company responsible to perform inspections). The State is ultimately responsible to make sure inspections are completed, and the Agency will do what it can with what is available.

 

#3 NONCOMPLIANCE WITH THE ELEVATOR SAFETY ACT – Previous Office response

 

2002: The Agency accepts the finding.  Inspections are done by local units of     government; however, the process is not fully under the oversight of the Agency as required by law. The Agency will pursue appropriate means to affect changes in the current statute.

 

#4 CHIEF AND DEPUTY INSPECTORS DID NOT PROVIDE BONDS – Previous Office Response

 

2002: The Agency accepts the finding.  For many years now, boiler inspectors have not received payment for inspections; instead, these are billed directly by the Agency and mailed by the companies to the Agency. This has eliminated the need for inspectors to be bonded. The Agency has continually sought to delete the bonding requirement from the statutes and will again seek to have the requirement eliminated from statutes.

 

#5 INADEQUATE COLLECTION AND ACCOUNTING FOR ACCOUNTS RECEIVABLE - Previous Agency Responses

 

2002: The Agency accepts the finding. The Agency has worked toward implementing prior recommendations regarding this finding, which has been a continuing source of discussion. The Agency has discussed the collection of past due accounts with a number of collection agencies recommended by the Debt Collection Board. However, due to the small amounts of the individual accounts (typically less than $50), the firms were reluctant to take responsibility for collection. As such, the Agency has formally designated an individual within the Boiler and Pressure Vessel Safety Division to review all accounts on a monthly basis and follow up with additional correspondence beyond the issuance of a second notice. After reasonable means of collection have been exhausted, the Agency will refer delinquent accounts to the Comptroller’s Offset System as appropriate. In addition, an individual will be designated within the Petroleum and Chemical Safety Division (Underground Storage Tank Division) to review all accounts on a monthly basis and follow up with additional correspondence.

 

#6 STATUS OF PARTIALLY IMPLEMENTED ITEMS FROM THE 1999 MANAGEMENT AUDIT OF ARSON INVESTIGATIONS

2002: The Agency accepts the finding that these recommendations have been partially implemented. We will continue to review and monitor all data collected and work towards full implementation.