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| Public Act 100-0200
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| HB3773 Enrolled | LRB100 10423 MJP 20626 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Smoke Detector Act is amended by changing |
Sections 3 and 4 as follows:
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(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
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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.
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(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
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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.
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(c) Every structure which (1) contains more than one |
dwelling unit, or
(2) contains at least one dwelling unit and |
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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.
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(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
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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.
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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
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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.
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(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 provided the battery is a self-contained, |
non-removable, long term battery, or wired into the structure's |
AC power
line, and need not be interconnected.
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(1) The battery requirements of this Section shall |
apply to battery powered smoke detectors that: (A) are in |
existence and exceed 10 years from the date of their being |
manufactured; (B) fails to respond to operability tests or |
otherwise 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 |
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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.
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In the case of any dwelling unit that is newly constructed,
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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
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smoke-detecting alarm devices for the deaf and hearing impaired |
of audible
and visual design, available for units of occupancy.
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Specialized 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 |
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portable alarms.
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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.
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(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.
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(i) 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. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
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(425 ILCS 60/4) (from Ch. 127 1/2, par. 804)
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Sec. 4.
(a) Except as provided in subsection (c), willful |
Willful failure to install or maintain in operating condition |
any
smoke detector required by this Act shall be a Class B |
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misdemeanor.
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(b) Except as provided in subsection (c), tampering |
Tampering with, removing, destroying, disconnecting or |
removing the
batteries from any installed smoke detector, |
except in the course of
inspection, maintenance or replacement |
of the detector,
shall be a Class A misdemeanor in the case of |
a first conviction, and a
Class 4 felony in the case of a |
second or subsequent conviction.
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(c) A party in violation of the battery requirements of |
subsection (e) of Section 3 of this Act shall be provided with |
90 day's warning with which to rectify that violation. If that |
party fails to rectify the violation within that 90 day period, |
he or she may be assessed a fine of up to $100, and may be fined |
$100 every 30 days thereafter until either the violation is |
rectified or the cumulative amount of fines assessed reaches |
$1,500. The provisions of subsection (a) and (b) of this |
Section shall apply only after the penalty provided under this |
subsection (c) has been exhausted to the extent that a |
violating party has reached the $1,500 cumulative fine |
threshold and has failed to rectify the violation. |
If the alleged violation has been corrected prior to or on |
the date of the hearing scheduled to adjudicate the alleged |
violation, then the violation shall be dismissed |
(Source: P.A. 85-143.)
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Section 99. Effective date. This Act takes effect January |
1, 2023.
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