Sen. Ira I. Silverstein

Filed: 4/19/2016

 

 


 

 


 
09900SB2837sam003LRB099 18361 MJP 47858 a

1
AMENDMENT TO SENATE BILL 2837

2    AMENDMENT NO. ______. Amend Senate Bill 2837, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Smoke Detector Act is amended by changing
6Sections 3 and 4 as follows:
 
7    (425 ILCS 60/3)  (from Ch. 127 1/2, par. 803)
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

 

 

09900SB2837sam003- 2 -LRB099 18361 MJP 47858 a

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

 

 

09900SB2837sam003- 3 -LRB099 18361 MJP 47858 a

1required batteries in the smoke detectors in the tenant's
2dwelling unit, except that the owner shall ensure that such
3batteries are in operating condition at the time the tenant
4takes possession of the dwelling unit. The tenant shall provide
5the owner or the authorized agent of the owner with access to
6the dwelling unit to correct any deficiencies in the smoke
7detector which have been reported in writing to the owner or
8the authorized agent of the owner.
9    (e) The requirements of this Section shall apply to any
10dwelling unit in existence on July 1, 1988, beginning on that
11date. Except as provided in subsections (f) and (g), the smoke
12detectors required in such dwelling units may be either:
13battery powered, provided the battery is non-replaceable,
14non-removable, and capable of powering the detector for a
15minimum of 10 years; or wired into the structure's AC power
16line, and need not be interconnected. The Office of the State
17Fire Marshal shall post the requirements of this subsection (e)
18on its official website.
19        (1) The battery requirements of this Section shall
20    apply to battery powered smoke detectors that: (A) are more
21    than 10 years after their date of being manufactured; (B)
22    fail to respond to operability tests or otherwise
23    malfunction; or (C) are newly installed.
24        (2) The battery requirements of this Section do not
25    apply to: (A) a fire alarm, smoke detector, smoke alarm, or
26    ancillary component that is electronically connected as a

 

 

09900SB2837sam003- 4 -LRB099 18361 MJP 47858 a

1    part of a centrally monitored or supervised alarm system;
2    (B) a fire alarm, smoke detector, smoke alarm, or ancillary
3    component that uses: (i) a low-power radio frequency
4    wireless communication signal, or (ii) Wi-Fi or other
5    wireless Local Area Networking capability to send and
6    receive notifications to and from the Internet, such as
7    early low battery warnings before the device reaches a
8    critical low power level; or (C) such other devices as the
9    State Fire Marshal shall designate through its regulatory
10    process.
11    (f) In the case of any dwelling unit that is newly
12constructed, reconstructed, or substantially remodelled after
13December 31, 1987, the requirements of this Section shall apply
14beginning on the first day of occupancy of the dwelling unit
15after such construction, reconstruction or substantial
16remodelling. The smoke detectors required in such dwelling unit
17shall be permanently wired into the structure's AC power line,
18and if more than one detector is required to be installed
19within the dwelling unit, the detectors shall be wired so that
20the actuation of one detector will actuate all the detectors in
21the dwelling unit.
22    In the case of any dwelling unit that is newly constructed,
23reconstructed, or substantially remodeled on or after January
241, 2011, smoke detectors permanently wired into the structure's
25AC power line must also maintain an alternative back-up power
26source, which may be either a battery or batteries or an

 

 

09900SB2837sam003- 5 -LRB099 18361 MJP 47858 a

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

 

 

09900SB2837sam003- 6 -LRB099 18361 MJP 47858 a

1requirements of such more stringent law shall govern over the
2requirements of this Section.
3(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
 
4    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)
5    Sec. 4. (a) Willful failure to install or maintain in
6operating condition any smoke detector required by this Act
7shall be a violation of this Act Class B misdemeanor.
8    (b) Tampering with, removing, destroying, disconnecting or
9removing the batteries from any installed smoke detector,
10except in the course of inspection, maintenance or replacement
11of the detector, shall be a violation of this Act Class A
12misdemeanor in the case of a first conviction, and a Class 4
13felony in the case of a second or subsequent conviction.
14    (c) A person who violates this Act is guilty of a petty
15offense and shall be fined a maximum of $100 for the first
16violation, $500 for the second violation, and $1,000 for a
17third or subsequent violation. Each day that there is a
18violation of this Act constitutes a separate offense.
19(Source: P.A. 85-143.)
 
20    Section 99. Effective date. This Act takes effect January
211, 2017.".