HB1398 EngrossedLRB097 07056 KMW 47149 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    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
8with at least one approved smoke detector in an operating
9condition within 15 feet of every room used for sleeping
10purposes. The detector shall be installed on the ceiling and at
11least 6 inches from any wall, or on a wall located between 4
12and 6 inches from the ceiling.
13    (b) Every single family residence shall have at least one
14approved smoke detector installed on every story of the
15dwelling unit, including basements but not including
16unoccupied attics. In dwelling units with split levels, a smoke
17detector installed on the upper level shall suffice for the
18adjacent lower level if the lower level is less than one full
19story below the upper level; however, if there is an
20intervening door between the adjacent levels, a smoke detector
21shall be installed on each level.
22    (c) Every structure which (1) contains more than one
23dwelling unit, or (2) contains at least one dwelling unit and

 

 

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

 

 

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1    (e) The requirements of this Section shall apply to any
2dwelling unit in existence on July 1, 1988, beginning on that
3date. Except as provided in subsections (f) and (g), the smoke
4detectors required in such dwelling units may be either battery
5powered or wired into the structure's AC power line, and need
6not be interconnected.
7    (f) In the case of any dwelling unit that is newly
8constructed, reconstructed, or substantially remodelled after
9December 31, 1987, the requirements of this Section shall apply
10beginning on the first day of occupancy of the dwelling unit
11after such construction, reconstruction or substantial
12remodelling. The smoke detectors required in such dwelling unit
13shall be permanently wired into the structure's AC power line,
14and if more than one detector is required to be installed
15within the dwelling unit, the detectors shall be wired so that
16the actuation of one detector will actuate all the detectors in
17the dwelling unit.
18    In the case of any dwelling unit that is newly constructed,
19reconstructed, or substantially remodeled on or after January
201, 2011, smoke detectors permanently wired into the structure's
21AC power line must also maintain an alternative back-up power
22source, which may be either a battery or batteries or an
23emergency generator.
24    (g) Every hotel shall be equipped with operational portable
25smoke-detecting alarm devices for the deaf and hearing impaired
26of audible and visual design, available for units of occupancy.

 

 

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1    Specialized smoke-detectors for the deaf and hearing
2impaired shall be available upon request by guests in such
3hotels at a rate of at least one such smoke detector per 75
4occupancy units or portions thereof, not to exceed 5 such smoke
5detectors per hotel. Incorporation or connection into an
6existing interior alarm system, so as to be capable of being
7activated by the system, may be utilized in lieu of the
8portable alarms.
9    Operators of any hotel shall post conspicuously at the main
10desk a permanent notice, in letters at least 3 inches in
11height, stating that smoke detector alarm devices for the deaf
12and hearing impaired are available. The proprietor may require
13a refundable deposit for a portable smoke detector not to
14exceed the cost of the detector.
15    (g-5) A hotel, as defined in this Act, shall be responsible
16for installing and maintaining smoke detecting equipment.
17    (h) Compliance with an applicable federal, State or local
18law or building code which requires the installation and
19maintenance of smoke detectors in a manner different from this
20Section, but providing a level of safety for occupants which is
21equal to or greater than that provided by this Section, shall
22be deemed to be in compliance with this Section, and the
23requirements of such more stringent law shall govern over the
24requirements of this Section.
25(Source: P.A. 96-1292, eff. 1-1-11.)
 
26    Section 99. Effective date. This Act takes effect January

 

 

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11, 2012.