Bill Text: IL HB0051 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Smoke Detector Act. Removes language providing that specified smoke detector requirements shall not apply to dwelling units and hotels within municipalities with a population over 1,000,000 inhabitants.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2021-07-09 - Public Act . . . . . . . . . 102-0046 [HB0051 Detail]

Download: Illinois-2021-HB0051-Engrossed.html

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HB0051 Engrossed LRB102 03963 CPF 13979 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Smoke Detector Act is amended by changing
Section 3 as follows:
(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
(Text of Section before amendment by P.A. 100-200)
Sec. 3. (a) Every dwelling unit or hotel shall be equipped
with at least one approved smoke detector in an operating
condition within 15 feet of every room used for sleeping
purposes. The detector shall be installed on the ceiling and
at least 6 inches from any wall, or on a wall located between 4
and 6 inches from the ceiling.
(b) Every single family residence shall have at least one
approved smoke detector installed on every story of the
dwelling unit, including basements but not including
unoccupied attics. In dwelling units with split levels, a
smoke detector installed on the upper level shall suffice for
the adjacent lower level if the lower level is less than one
full story below the upper level; however, if there is an
intervening door between the adjacent levels, a smoke detector
shall be installed on each level.
(c) Every structure which (1) contains more than one

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dwelling unit, or (2) contains at least one dwelling unit and
is a mixed-use structure, shall contain at least one approved
smoke detector at the uppermost ceiling of each interior
stairwell. The detector shall be installed on the ceiling, at
least 6 inches from the wall, or on a wall located between 4
and 6 inches from the ceiling.
(d) It shall be the responsibility of the owner of a
structure to supply and install all required detectors. The
owner shall be responsible for making reasonable efforts to
test and maintain detectors in common stairwells and hallways.
It shall be the responsibility of a tenant to test and to
provide general maintenance for the detectors within the
tenant's dwelling unit or rooming unit, and to notify the
owner or the authorized agent of the owner in writing of any
deficiencies which the tenant cannot correct. The owner shall
be responsible for providing one tenant per dwelling unit with
written information regarding detector testing and
maintenance.
The tenant shall be responsible for replacement of any
required batteries in the smoke detectors in the tenant's
dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant
takes possession of the dwelling unit. The tenant shall
provide the owner or the authorized agent of the owner with
access to the dwelling unit to correct any deficiencies in the
smoke detector which have been reported in writing to the

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owner or the authorized agent of the owner.
(e) The requirements of this Section shall apply to any
dwelling unit in existence on July 1, 1988, beginning on that
date. Except as provided in subsections (f) and (g), the smoke
detectors required in such dwelling units may be either
battery powered or wired into the structure's AC power line,
and need not be interconnected.
(f) In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodelled after
December 31, 1987, the requirements of this Section shall
apply beginning on the first day of occupancy of the dwelling
unit after such construction, reconstruction or substantial
remodelling. The smoke detectors required in such dwelling
unit shall be permanently wired into the structure's AC power
line, and if more than one detector is required to be installed
within the dwelling unit, the detectors shall be wired so that
the actuation of one detector will actuate all the detectors
in the dwelling unit.
In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodeled on or
after January 1, 2011, smoke detectors permanently wired into
the structure's AC power line must also maintain an
alternative back-up power source, which may be either a
battery or batteries or an emergency generator.
(g) Every hotel shall be equipped with operational
portable smoke-detecting alarm devices for the deaf and

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hearing impaired of audible and visual design, available for
units of occupancy.
Specialized smoke detectors smoke-detectors for the deaf
and hearing impaired shall be available upon request by guests
in such hotels at a rate of at least one such smoke detector
per 75 occupancy units or portions thereof, not to exceed 5
such smoke detectors per hotel. Incorporation or connection
into an existing interior alarm system, so as to be capable of
being activated by the system, may be utilized in lieu of the
portable alarms.
Operators of any hotel shall post conspicuously at the
main desk a permanent notice, in letters at least 3 inches in
height, stating that smoke detector alarm devices for the deaf
and hearing impaired are available. The proprietor may require
a refundable deposit for a portable smoke detector not to
exceed the cost of the detector.
(g-5) A hotel, as defined in this Act, shall be
responsible for installing and maintaining smoke detecting
equipment.
(h) Compliance with an applicable federal, State, or local
law or building code which requires the installation and
maintenance of smoke detectors in a manner different from this
Section, but providing a level of safety for occupants which
is equal to or greater than that provided by this Section,
shall be deemed to be in compliance with this Section, and the
requirements of such more stringent law shall govern over the

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requirements of this Section.
(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12;
revised 8-19-20.)
(Text of Section after amendment by P.A. 100-200)
Sec. 3. (a) Every dwelling unit or hotel shall be equipped
with at least one approved smoke detector in an operating
condition within 15 feet of every room used for sleeping
purposes. The detector shall be installed on the ceiling and
at least 6 inches from any wall, or on a wall located between 4
and 6 inches from the ceiling.
(b) Every single family residence shall have at least one
approved smoke detector installed on every story of the
dwelling unit, including basements but not including
unoccupied attics. In dwelling units with split levels, a
smoke detector installed on the upper level shall suffice for
the adjacent lower level if the lower level is less than one
full story below the upper level; however, if there is an
intervening door between the adjacent levels, a smoke detector
shall be installed on each level.
(c) Every structure which (1) contains more than one
dwelling unit, or (2) contains at least one dwelling unit and
is a mixed-use structure, shall contain at least one approved
smoke detector at the uppermost ceiling of each interior
stairwell. The detector shall be installed on the ceiling, at
least 6 inches from the wall, or on a wall located between 4

HB0051 Engrossed - 6 - LRB102 03963 CPF 13979 b
and 6 inches from the ceiling.
(d) It shall be the responsibility of the owner of a
structure to supply and install all required detectors. The
owner shall be responsible for making reasonable efforts to
test and maintain detectors in common stairwells and hallways.
It shall be the responsibility of a tenant to test and to
provide general maintenance for the detectors within the
tenant's dwelling unit or rooming unit, and to notify the
owner or the authorized agent of the owner in writing of any
deficiencies which the tenant cannot correct. The owner shall
be responsible for providing one tenant per dwelling unit with
written information regarding detector testing and
maintenance.
The tenant shall be responsible for replacement of any
required batteries in the smoke detectors in the tenant's
dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant
takes possession of the dwelling unit. The tenant shall
provide the owner or the authorized agent of the owner with
access to the dwelling unit to correct any deficiencies in the
smoke detector which have been reported in writing to the
owner or the authorized agent of the owner.
(e) The requirements of this Section shall apply to any
dwelling unit in existence on July 1, 1988, beginning on that
date. Except as provided in subsections (f) and (g), the smoke
detectors required in such dwelling units may be either:

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battery powered provided the battery is a self-contained,
non-removable, long-term long term battery, or wired into the
structure's AC power line, and need not be interconnected.
(1) The battery requirements of this Section shall
apply to battery-powered battery powered smoke detectors
that: (A) are in existence and exceed 10 years from the
date of their being manufactured; (B) fail fails to
respond to operability tests or otherwise malfunction
malfunctions; or (C) are newly installed.
(2) The battery requirements of this Section do not
apply to: (A) a fire alarm, smoke detector, smoke alarm,
or ancillary component that is electronically connected as
a part of a centrally monitored or supervised alarm
system; (B) a fire alarm, smoke detector, smoke alarm, or
ancillary component that uses: (i) a low-power radio
frequency wireless communication signal, or (ii) Wi-Fi or
other wireless Local Area Networking capability to send
and receive notifications to and from the Internet, such
as early low battery warnings before the device reaches a
critical low power level; or (C) such other devices as the
State Fire Marshal shall designate through its regulatory
process.
(f) In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodelled after
December 31, 1987, the requirements of this Section shall
apply beginning on the first day of occupancy of the dwelling

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unit after such construction, reconstruction or substantial
remodelling. The smoke detectors required in such dwelling
unit shall be permanently wired into the structure's AC power
line, and if more than one detector is required to be installed
within the dwelling unit, the detectors shall be wired so that
the actuation of one detector will actuate all the detectors
in the dwelling unit.
In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodeled on or
after January 1, 2011, smoke detectors permanently wired into
the structure's AC power line must also maintain an
alternative back-up power source, which may be either a
battery or batteries or an emergency generator.
(g) Every hotel shall be equipped with operational
portable smoke-detecting alarm devices for the deaf and
hearing impaired of audible and visual design, available for
units of occupancy.
Specialized smoke detectors smoke-detectors for the deaf
and hearing impaired shall be available upon request by guests
in such hotels at a rate of at least one such smoke detector
per 75 occupancy units or portions thereof, not to exceed 5
such smoke detectors per hotel. Incorporation or connection
into an existing interior alarm system, so as to be capable of
being activated by the system, may be utilized in lieu of the
portable alarms.
Operators of any hotel shall post conspicuously at the

HB0051 Engrossed - 9 - LRB102 03963 CPF 13979 b
main desk a permanent notice, in letters at least 3 inches in
height, stating that smoke detector alarm devices for the deaf
and hearing impaired are available. The proprietor may require
a refundable deposit for a portable smoke detector not to
exceed the cost of the detector.
(g-5) A hotel, as defined in this Act, shall be
responsible for installing and maintaining smoke detecting
equipment.
(h) Compliance with an applicable federal, State, or local
law or building code which requires the installation and
maintenance of smoke detectors in a manner different from this
Section, but providing a level of safety for occupants which
is equal to or greater than that provided by this Section,
shall be deemed to be in compliance with this Section, and the
requirements of such more stringent law shall govern over the
requirements of this Section.
(i) (Blank). The requirements of this Section shall not
apply to dwelling units and hotels within municipalities with
a population over 1,000,000 inhabitants.
(Source: P.A. 100-200, eff. 1-1-23; revised 8-19-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes

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made by this Act or (ii) provisions derived from any other
Public Act.