Rep. Donald L. Moffitt

Filed: 4/8/2011

 

 


 

 


 
09700HB1398ham002LRB097 07056 KMW 54186 a

1
AMENDMENT TO HOUSE BILL 1398

2    AMENDMENT NO. ______. Amend House Bill 1398 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1detector installed on the upper level shall suffice for the
2adjacent lower level if the lower level is less than one full
3story below the upper level; however, if there is an
4intervening door between the adjacent levels, a smoke detector
5shall be installed on each level.
6    (c) Every structure which (1) contains more than one
7dwelling unit, or (2) contains at least one dwelling unit and
8is a mixed-use structure, shall contain at least one approved
9smoke detector at the uppermost ceiling of each interior
10stairwell. The detector shall be installed on the ceiling, at
11least 6 inches from the wall, or on a wall located between 4
12and 6 inches from the ceiling.
13    (d) It shall be the responsibility of the owner of a
14structure to supply and install all required detectors. The
15owner shall be responsible for making reasonable efforts to
16test and maintain detectors in common stairwells and hallways.
17It shall be the responsibility of a tenant to test and to
18provide general maintenance for the detectors within the
19tenant's dwelling unit or rooming unit, and to notify the owner
20or the authorized agent of the owner in writing of any
21deficiencies which the tenant cannot correct. The owner shall
22be responsible for providing one tenant per dwelling unit with
23written information regarding detector testing and
24maintenance.
25    The tenant shall be responsible for replacement of any
26required batteries in the smoke detectors in the tenant's

 

 

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1dwelling unit, except that the owner shall ensure that such
2batteries are in operating condition at the time the tenant
3takes possession of the dwelling unit. The tenant shall provide
4the owner or the authorized agent of the owner with access to
5the dwelling unit to correct any deficiencies in the smoke
6detector which have been reported in writing to the owner or
7the authorized agent of the owner.
8    (e) The requirements of this Section shall apply to any
9dwelling unit in existence on July 1, 1988, beginning on that
10date. Except as provided in subsections (f) and (g), the smoke
11detectors required in such dwelling units may be either battery
12powered or wired into the structure's AC power line, and need
13not be interconnected.
14    (f) In the case of any dwelling unit that is newly
15constructed, reconstructed, or substantially remodelled after
16December 31, 1987, the requirements of this Section shall apply
17beginning on the first day of occupancy of the dwelling unit
18after such construction, reconstruction or substantial
19remodelling. The smoke detectors required in such dwelling unit
20shall be permanently wired into the structure's AC power line,
21and if more than one detector is required to be installed
22within the dwelling unit, the detectors shall be wired so that
23the actuation of one detector will actuate all the detectors in
24the dwelling unit.
25    In the case of any dwelling unit that is newly constructed,
26reconstructed, or substantially remodeled on or after January

 

 

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11, 2011, smoke detectors permanently wired into the structure's
2AC power line must also maintain an alternative back-up power
3source, which may be either a battery or batteries or an
4emergency generator.
5    (g) Every hotel shall be equipped with operational portable
6smoke-detecting alarm devices for the deaf and hearing impaired
7of audible and visual design, available for units of occupancy.
8    Specialized smoke-detectors for the deaf and hearing
9impaired shall be available upon request by guests in such
10hotels at a rate of at least one such smoke detector per 75
11occupancy units or portions thereof, not to exceed 5 such smoke
12detectors per hotel. Incorporation or connection into an
13existing interior alarm system, so as to be capable of being
14activated by the system, may be utilized in lieu of the
15portable alarms.
16    Operators of any hotel shall post conspicuously at the main
17desk a permanent notice, in letters at least 3 inches in
18height, stating that smoke detector alarm devices for the deaf
19and hearing impaired are available. The proprietor may require
20a refundable deposit for a portable smoke detector not to
21exceed the cost of the detector.
22    (g-5) A hotel, as defined in this Act, shall be responsible
23for installing and maintaining smoke detecting equipment.
24    (h) Compliance with an applicable federal, State or local
25law or building code which requires the installation and
26maintenance of smoke detectors in a manner different from this

 

 

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1Section, but providing a level of safety for occupants which is
2equal to or greater than that provided by this Section, shall
3be deemed to be in compliance with this Section, and the
4requirements of such more stringent law shall govern over the
5requirements of this Section.
6(Source: P.A. 96-1292, eff. 1-1-11.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2012.".