Illinois General Assembly

Previous General Assemblies

Public Act 094-0741


 

Public Act 0741 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0741
 
HB5284 Enrolled LRB094 17775 LCT 53074 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Carbon
Monoxide Alarm Detector Act.
 
    Section 5. Definitions. In this Act:
    "Approved carbon monoxide alarm" or "alarm" means a carbon
monoxide alarm that complies with all the requirements of the
rules and regulations of the Illinois State Fire Marshal, bears
the label of a nationally recognized testing laboratory, and
complies with the most recent standards of the Underwriters
Laboratories or the Canadian Standard Association.
    "Dwelling unit" means a room or suite of rooms used for
human habitation, and includes a single family residence as
well as each living unit of a multiple family residence and
each living unit in a mixed use building.
 
    Section 10. Carbon monoxide detector.
    (a) Every dwelling unit shall be equipped with at least one
approved carbon monoxide alarm in an operating condition within
15 feet of every room used for sleeping purposes. The carbon
monoxide alarm may be combined with smoke detecting devices
provided that the combined unit complies with the respective
provisions of the administrative code, reference standards,
and departmental rules relating to both smoke detecting devices
and carbon monoxide alarms and provided that the combined unit
emits an alarm in a manner that clearly differentiates the
hazard.
    (b) Every structure that contains more than one dwelling
unit shall contain at least one approved carbon monoxide alarm
in operating condition within 15 feet of every room used for
sleeping purposes.
    (c) It is the responsibility of the owner of a structure to
supply and install all required alarms. It is the
responsibility of a tenant to test and to provide general
maintenance for the alarms 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 that the tenant
cannot correct. The owner is responsible for providing one
tenant per dwelling unit with written information regarding
alarm testing and maintenance.
    The tenant is responsible for replacement of any required
batteries in the carbon monoxide alarms in the tenant's
dwelling unit, except that the owner shall ensure that the
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 carbon
monoxide alarm that have been reported in writing to the owner
or the authorized agent of the owner.
    (d) The carbon monoxide alarms required under this Act may
be either battery powered, plug-in with battery back-up, or
wired into the structure's AC power line with secondary battery
back-up.
 
    Section 15. Violation.
    (a) Willful failure to install or maintain in operating
condition any carbon monoxide alarm required by this Act is a
Class B misdemeanor.
    (b) Tampering with, removing, destroying, disconnecting,
or removing the batteries from any installed carbon monoxide
alarm, except in the course of inspection, maintenance, or
replacement of the alarm, is 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.
 
    Section 20. Exemptions. The following residential units
shall not require carbon monoxide detectors:
        (1) A residential unit in a building that: (i) does not
    rely on combustion of fossil fuel for heat, ventilation, or
    hot water; (ii) is not connected in any way to a garage;
    and (iii) is not sufficiently close to any ventilated
    source of carbon monoxide, as determined by the local
    building commissioner, to receive carbon monoxide from
    that source.
        (2) A residential unit that is not sufficiently close
    to any source of carbon monoxide so as to be at risk of
    receiving carbon monoxide from that source, as determined
    by the local building commissioner.

Effective Date: 1/1/2007