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Public Act 100-0200


 

Public Act 0200 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0200
 
HB3773 EnrolledLRB100 10423 MJP 20626 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
Sections 3 and 4 as follows:
 
    (425 ILCS 60/3)  (from Ch. 127 1/2, par. 803)
    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
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:
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.
        (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
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 hearing impaired
of audible and visual design, available for units of occupancy.
    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
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
requirements of this Section.
    (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.)
 
    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)
    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
misdemeanor.
    (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.
    (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.)
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023