101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5368

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
425 ILCS 60/3  from Ch. 127 1/2, par. 803

    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.


LRB101 16508 CPF 65890 b

 

 

A BILL FOR

 

HB5368LRB101 16508 CPF 65890 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Smoke Detector Act is amended by changing
5Section 3 as follows:
 
6    (425 ILCS 60/3)  (from Ch. 127 1/2, par. 803)
7    (Text of Section before amendment by P.A. 100-200)
8    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
9with at least one approved smoke detector in an operating
10condition within 15 feet of every room used for sleeping
11purposes. The detector shall be installed on the ceiling and at
12least 6 inches from any wall, or on a wall located between 4
13and 6 inches from the ceiling.
14    (b) Every single family residence shall have at least one
15approved smoke detector installed on every story of the
16dwelling unit, including basements but not including
17unoccupied attics. In dwelling units with split levels, a smoke
18detector installed on the upper level shall suffice for the
19adjacent lower level if the lower level is less than one full
20story below the upper level; however, if there is an
21intervening door between the adjacent levels, a smoke detector
22shall be installed on each level.
23    (c) Every structure which (1) contains more than one

 

 

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1dwelling unit, or (2) contains at least one dwelling unit and
2is a mixed-use structure, shall contain at least one approved
3smoke detector at the uppermost ceiling of each interior
4stairwell. The detector shall be installed on the ceiling, at
5least 6 inches from the wall, or on a wall located between 4
6and 6 inches from the ceiling.
7    (d) It shall be the responsibility of the owner of a
8structure to supply and install all required detectors. The
9owner shall be responsible for making reasonable efforts to
10test and maintain detectors in common stairwells and hallways.
11It shall be the responsibility of a tenant to test and to
12provide general maintenance for the detectors within the
13tenant's dwelling unit or rooming unit, and to notify the owner
14or the authorized agent of the owner in writing of any
15deficiencies which the tenant cannot correct. The owner shall
16be responsible for providing one tenant per dwelling unit with
17written information regarding detector testing and
18maintenance.
19    The tenant shall be responsible for replacement of any
20required batteries in the smoke detectors in the tenant's
21dwelling unit, except that the owner shall ensure that such
22batteries are in operating condition at the time the tenant
23takes possession of the dwelling unit. The tenant shall provide
24the owner or the authorized agent of the owner with access to
25the dwelling unit to correct any deficiencies in the smoke
26detector which have been reported in writing to the owner or

 

 

HB5368- 3 -LRB101 16508 CPF 65890 b

1the authorized agent of the owner.
2    (e) The requirements of this Section shall apply to any
3dwelling unit in existence on July 1, 1988, beginning on that
4date. Except as provided in subsections (f) and (g), the smoke
5detectors required in such dwelling units may be either battery
6powered or wired into the structure's AC power line, and need
7not be interconnected.
8    (f) In the case of any dwelling unit that is newly
9constructed, reconstructed, or substantially remodelled after
10December 31, 1987, the requirements of this Section shall apply
11beginning on the first day of occupancy of the dwelling unit
12after such construction, reconstruction or substantial
13remodelling. The smoke detectors required in such dwelling unit
14shall be permanently wired into the structure's AC power line,
15and if more than one detector is required to be installed
16within the dwelling unit, the detectors shall be wired so that
17the actuation of one detector will actuate all the detectors in
18the dwelling unit.
19    In the case of any dwelling unit that is newly constructed,
20reconstructed, or substantially remodeled on or after January
211, 2011, smoke detectors permanently wired into the structure's
22AC power line must also maintain an alternative back-up power
23source, which may be either a battery or batteries or an
24emergency generator.
25    (g) Every hotel shall be equipped with operational portable
26smoke-detecting alarm devices for the deaf and hearing impaired

 

 

HB5368- 4 -LRB101 16508 CPF 65890 b

1of audible and visual design, available for units of occupancy.
2    Specialized smoke-detectors for the deaf and hearing
3impaired shall be available upon request by guests in such
4hotels at a rate of at least one such smoke detector per 75
5occupancy units or portions thereof, not to exceed 5 such smoke
6detectors per hotel. Incorporation or connection into an
7existing interior alarm system, so as to be capable of being
8activated by the system, may be utilized in lieu of the
9portable alarms.
10    Operators of any hotel shall post conspicuously at the main
11desk a permanent notice, in letters at least 3 inches in
12height, stating that smoke detector alarm devices for the deaf
13and hearing impaired are available. The proprietor may require
14a refundable deposit for a portable smoke detector not to
15exceed the cost of the detector.
16    (g-5) A hotel, as defined in this Act, shall be responsible
17for installing and maintaining smoke detecting equipment.
18    (h) Compliance with an applicable federal, State or local
19law or building code which requires the installation and
20maintenance of smoke detectors in a manner different from this
21Section, but providing a level of safety for occupants which is
22equal to or greater than that provided by this Section, shall
23be deemed to be in compliance with this Section, and the
24requirements of such more stringent law shall govern over the
25requirements of this Section.
26(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
 

 

 

HB5368- 5 -LRB101 16508 CPF 65890 b

1    (Text of Section after amendment by P.A. 100-200)
2    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
3with at least one approved smoke detector in an operating
4condition within 15 feet of every room used for sleeping
5purposes. The detector shall be installed on the ceiling and at
6least 6 inches from any wall, or on a wall located between 4
7and 6 inches from the ceiling.
8    (b) Every single family residence shall have at least one
9approved smoke detector installed on every story of the
10dwelling unit, including basements but not including
11unoccupied attics. In dwelling units with split levels, a smoke
12detector installed on the upper level shall suffice for the
13adjacent lower level if the lower level is less than one full
14story below the upper level; however, if there is an
15intervening door between the adjacent levels, a smoke detector
16shall be installed on each level.
17    (c) Every structure which (1) contains more than one
18dwelling unit, or (2) contains at least one dwelling unit and
19is a mixed-use structure, shall contain at least one approved
20smoke detector at the uppermost ceiling of each interior
21stairwell. The detector shall be installed on the ceiling, at
22least 6 inches from the wall, or on a wall located between 4
23and 6 inches from the ceiling.
24    (d) It shall be the responsibility of the owner of a
25structure to supply and install all required detectors. The

 

 

HB5368- 6 -LRB101 16508 CPF 65890 b

1owner shall be responsible for making reasonable efforts to
2test and maintain detectors in common stairwells and hallways.
3It shall be the responsibility of a tenant to test and to
4provide general maintenance for the detectors within the
5tenant's dwelling unit or rooming unit, and to notify the owner
6or the authorized agent of the owner in writing of any
7deficiencies which the tenant cannot correct. The owner shall
8be responsible for providing one tenant per dwelling unit with
9written information regarding detector testing and
10maintenance.
11    The tenant shall be responsible for replacement of any
12required batteries in the smoke detectors in the tenant's
13dwelling unit, except that the owner shall ensure that such
14batteries are in operating condition at the time the tenant
15takes possession of the dwelling unit. The tenant shall provide
16the owner or the authorized agent of the owner with access to
17the dwelling unit to correct any deficiencies in the smoke
18detector which have been reported in writing to the owner or
19the authorized agent of the owner.
20    (e) The requirements of this Section shall apply to any
21dwelling unit in existence on July 1, 1988, beginning on that
22date. Except as provided in subsections (f) and (g), the smoke
23detectors required in such dwelling units may be either:
24battery powered provided the battery is a self-contained,
25non-removable, long term battery, or wired into the structure's
26AC power line, and need not be interconnected.

 

 

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1        (1) The battery requirements of this Section shall
2    apply to battery powered smoke detectors that: (A) are in
3    existence and exceed 10 years from the date of their being
4    manufactured; (B) fails to respond to operability tests or
5    otherwise malfunctions; or (C) are newly installed.
6        (2) The battery requirements of this Section do not
7    apply to: (A) a fire alarm, smoke detector, smoke alarm, or
8    ancillary component that is electronically connected as a
9    part of a centrally monitored or supervised alarm system;
10    (B) a fire alarm, smoke detector, smoke alarm, or ancillary
11    component that uses: (i) a low-power radio frequency
12    wireless communication signal, or (ii) Wi-Fi or other
13    wireless Local Area Networking capability to send and
14    receive notifications to and from the Internet, such as
15    early low battery warnings before the device reaches a
16    critical low power level; or (C) such other devices as the
17    State Fire Marshal shall designate through its regulatory
18    process.
19    (f) In the case of any dwelling unit that is newly
20constructed, reconstructed, or substantially remodelled after
21December 31, 1987, the requirements of this Section shall apply
22beginning on the first day of occupancy of the dwelling unit
23after such construction, reconstruction or substantial
24remodelling. The smoke detectors required in such dwelling unit
25shall be permanently wired into the structure's AC power line,
26and if more than one detector is required to be installed

 

 

HB5368- 8 -LRB101 16508 CPF 65890 b

1within the dwelling unit, the detectors shall be wired so that
2the actuation of one detector will actuate all the detectors in
3the dwelling unit.
4    In the case of any dwelling unit that is newly constructed,
5reconstructed, or substantially remodeled on or after January
61, 2011, smoke detectors permanently wired into the structure's
7AC power line must also maintain an alternative back-up power
8source, which may be either a battery or batteries or an
9emergency generator.
10    (g) Every hotel shall be equipped with operational portable
11smoke-detecting alarm devices for the deaf and hearing impaired
12of audible and visual design, available for units of occupancy.
13    Specialized smoke-detectors for the deaf and hearing
14impaired shall be available upon request by guests in such
15hotels at a rate of at least one such smoke detector per 75
16occupancy units or portions thereof, not to exceed 5 such smoke
17detectors per hotel. Incorporation or connection into an
18existing interior alarm system, so as to be capable of being
19activated by the system, may be utilized in lieu of the
20portable alarms.
21    Operators of any hotel shall post conspicuously at the main
22desk a permanent notice, in letters at least 3 inches in
23height, stating that smoke detector alarm devices for the deaf
24and hearing impaired are available. The proprietor may require
25a refundable deposit for a portable smoke detector not to
26exceed the cost of the detector.

 

 

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1    (g-5) A hotel, as defined in this Act, shall be responsible
2for installing and maintaining smoke detecting equipment.
3    (h) Compliance with an applicable federal, State or local
4law or building code which requires the installation and
5maintenance of smoke detectors in a manner different from this
6Section, but providing a level of safety for occupants which is
7equal to or greater than that provided by this Section, shall
8be deemed to be in compliance with this Section, and the
9requirements of such more stringent law shall govern over the
10requirements of this Section.
11    (i) (Blank). The requirements of this Section shall not
12apply to dwelling units and hotels within municipalities with a
13population over 1,000,000 inhabitants.
14(Source: P.A. 100-200, eff. 1-1-23.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.